200217-CONTRACT-PARTNER ASSESSMENT.PDF

Maricopa County — Formal (2020-10-21)

Extracted text (via pymupdf) 181452 characters

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 Partner Assessment Corporation dba Partner Engineering
and Science, Inc., 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 approval of County. The form of any insurance policies and forms must be
acceptable to County.

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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.

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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 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.

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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
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

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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.

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:

10.11.1.1
cancel the stop work order; or

10.11.1.2
terminate the work covered by the order as provided in the
Termination for Default or the Termination for Convenience clause
of this contract.

10.11.1.3
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.

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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.

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:

SERIAL 200217-ITN

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.

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.

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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.

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.

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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.

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;

SERIAL 200217-ITN

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
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.

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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.

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.

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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.

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.

SERIAL 200217-ITN

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.

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-1, A-2, A-6, A-13 – Vendor Information and Pricing

10.46.1.2
Exhibit
B – General Scope of Work, Scopes 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:

Partner Assessment Corporation
DBA: Partner Engineering and Science, Inc.
Betsy Miller, Technical Director
4518 N 12th St
Phoenix, AZ 85014

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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
CONTRACTOR
AUTHORIZED
E
SIGNATURE
09/18/2020
Betsy Miller, Technical Director Government Services Southwest
4518 N 12th St, Suite 201, Phoenix, AZ 85014
09/17/2020

SERIAL 200217-ITN

EXHIBIT A-1
VENDOR INFORMATION AND PRICING

COMPANY NAME:
Partner Assessment Corporation
DOING BUSINESS AS (dba):
Partner Engineering and Science, Inc.
MAILING ADDRESS:
4518 N 12th Street, Suite 201
REMIT TO ADDRESS:
PO Box 207428, Dallas, TX 75320-7428
TELPHONE NUMBER:
800-419-4923
FAX NUMBER:

WWW ADDRESS:
www.partneresi.com
REPRESENTATIVE NAME:
Betsy Miller
REPRESENTATIVE TELEPHONE NUMBER:
602-513-5791
REPRESENTATIVE EMAIL ADDRESS
bmiller@partneresi.com

YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:

WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:

PAYMENT TERMS
NET 30 DAYS

1.0 PRICING

SERVICE OFFERED:
Environmental Site Assessment/Site
Investigation/Remediation

PERSONNEL CLASSIFICATION
HOURLY RATE

1.1 List your company's personnel classifications and corresponding hourly rates for standard responses and
emergency responses (if applicable)
Standard
Emergency
Description
Support Level I
$ 38.00
$ 38.00
Clerical, word processing, filing, copying, general administration. No education
requirements.
Support Level II
$ 46.00
$ 46.00
Drafting, project manager's assistant, graphics. 1-2 years’ experience. No
education requirements.
Support Level III
$ 70.00
$ 70.00
Drafting supervisor, senior word processo, administrative supervisor. 2-4 years’
experience. No education requirements.
Field Level I
$ 41.00
$ 51.00
Closely supervised, conducts routine heavy labor during equipment installations,
sampling / gauging, equipment maintenance. Entry level, 1-2 years’ experience.
No education requirements.
Field Level II
$ 48.00
$ 58.00
Limited supervision, occasional heavy labor, sampling / gauging, equipment
installations, operations, troubleshooting. 2-4 years’ experience. No education
requirements.
Field Level III
$ 55.00
$ 65.00
Supervises on-site tasks such as system installation and operations,
troubleshooting; technical advisor. 5-7 years’ experience. No education
requirements.
Field Staff IV
$ 70.00
$ 80.00
Limited supervision, experience specific to Scope of Work., independent field
work and/or specialist. 7-9 years’ experience/special knowledge or expertise in
field. No education requirements.
Field Services
Manager
$ 75.00
$ 85.00
Overall supervision of field services staff, works with Project Managers on
scheduling and coordination. 7-9 years’ experience. Bachelor of Science (BS)
degree in applicable field of study or 15+ years’ experience.
Professional
Level I
$ 75.00
$ 85.00
Close supervision, routine tasks associated with environmental projects. 1-2
years’ experience. Bachelor of Science degree.
Professional
Level II
$ 80.00
$ 90.00
Collects and interprets data, report writing, provides project input. 2-4 years of
experience. Bachelor of Science degree.

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Professional
Level III
$ 100.00
$ 100.00
Limited supervision, independed fieldwork, oversees Professional levels I and II.
4-6 years of experience with Bachelors of Science degree, or 1-2 years of
experience with Masters degree.
Professional
Level IV
$ 118.00
$ 118.00
Manages projects of moderate scope, prepares cost estimates, supervises
others. 6-8 years of experience with Bachelor of Science degree or registration
(PE or RG), or 3-4 years of experience with Masters degree.
Professional
Level V
$ 130.00
$ 130.00
Senior technical leader for environmental projects, QA of project plans, report
review. 8+ years of experience and advanced degree in field, or registration (PE
or RG)
Professional
Level IV
$ 170.00
$ 170.00
Recognized registered professional, resident expert, expert testimony, QA of
project plans and report review and/or oversees and coordinates all levels of
personnel, senior technical leader

2.0 EQUIPMENT PRICING SCHEDULE
SERVICE OFFERED:
Environmental Site
Assessment/Site
Investigation/Remediation

PRICE
PRICE
PRICE
LEASED
EQUIPMENT NAME

PER DAY
PER WEEK
PER MONTH
YES/NO
2.1 Truck

$ 100.00 $ 500.00 $ 2,000.00
no
2.2 Photoionization Detector

$ 90.00 $ 300.00 $ 1,000.00
no
2.3 Water Level Indicator

$ 25.00 $ 100.00 $ 300.00
no
2.4 Disposable Bailer

$ 10.00 NA
NA
no
2.5 Daily PPE

$ 50.00 $ 250.00 $ 1,000.00
no

2.10 Mileage rate or vehicle rate for travel beyond the 35-mile radius

$0.575 per mile

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EXHIBIT A-2
PRICING

1.0
PRICING
SERVICE
OFFERED:
Asbestos, Lead-based
paint assessment &/or
abatement oversight

PERSONNEL CLASSIFICATION
HOURLY RATE
1.1 List your company's personnel classifications and corresponding hourly rates for standard
responses and emergency responses (if applicable)
Support
Standard Rate
$ 49.50
Support Level I - Clerical, word processing, filing, copying, general
administration
Level I
Premium Rate
$ 54.00
Support
Standard Rate
$ 54.00
Support Level II - Drafting, project manager's assistant, graphics
Level II
Premium Rate
$ 58.50
Support
Standard Rate
$ 67.50
Support Level III - Drafting supervisor, senior word processor,
supervisor
Level III
Premium Rate
$ 76.50
Field
Standard Rate
$ 49.50
Field Level I - Air monitoring, project assistant, site technician:
closely supervised
6+ months of direct experience required
Level I
Premium Rate
$ 58.50
Field
Standard Rate
$ 58.50
Field Level II - AHERA Building Inspector/Management Planner:
independent collection and analysis of data, report writing; 1+ years
of direct experience;
Level II
Premium Rate
$ 67.50
Field
Standard Rate
$ 76.50
Field Level III - AHERA Contractor/Supervisor: independent site
management, air bulk sample data analysis, report preparation; 2+
years of direct experience; EPA Lead
Level III
Premium Rate
$ 85.50
Field
Standard Rate
$ 90.00
Field Level IV - Project Designer: planning and design of asbestos
abatement projects and field activities;2+ years direct experience.
AHERA Project Designer training required, EPA lead
Level IV
Premium Rate
$ 103.50
Professional
Standard Rate
$ 94.50
Professional Level I - Project Manager: supervision of abatement
projects, oversees field services; 6+ years of direct experience;
AHERA Insp/MP/Cont/Super required, EPA Lead
Level I
Premium Rate
$ 94.50
Professional
Standard Rate
$ 112.50
Professional Level II -Program Manager/IH: supervision of
abatement projects, oversees field services; 10+ years of direct
experience; AHERA or EPA Lead Insp/MP/Cont/Super/Proj Design
required;
Level II
Premium Rate
$ 112.50

Professional
Standard Rate
$ 130.50
Professional Level III - Principal/Program Manager/PE/CIH: 15+
years of direct experience; AHERA/EPA Lead Contractor Supervisor
Training Required;
Level III
Premium Rate
$ 130.50

SERVICE OFFERED:
Asbestos, Lead-
based paint
assessment &/or
abatement oversight

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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 Truck
100
500
2000
no
2.2 XRF
350
800
2000
no
2.3 Personal Pump
35
90
350
no

2.10 Mileage rate or vehicle rate for travel beyond the 35-mile radius
0.595 per mile

SERIAL 200217-ITN

EXHIBIT A-6
PRICING

1.0 PRICING
SERVICE
OFFERED:
Indoor Air
Quality

Support
Standard Rate
$ 54.00
Support Level II - Drafting, project manager's assistant, graphics
Level II
Premium Rate
$ 58.50

Support
Standard Rate
$ 67.50
Support Level III - Drafting supervisor, senior word processor,
supervisor
Level III
Premium Rate
$ 76.50

Field
Standard Rate
$ 49.50
Field Level I - Air monitoring, project assistant, site technician: closely
supervised
6+ months of direct experience required
Level I
Premium Rate
$ 58.50

Field
Standard Rate
$ 76.50 Field Level III - independent site management, air bulk sample data
analysis, report preparation; 2+ years of direct experience;
Level III
Premium Rate
$ 85.50

Field
Standard Rate
$ 90.00 Field Level IV - planning and design of asbestos abatement projects
and field activities;5+ years direct experience.
Level IV
Premium Rate
$ 103.50

Professional
Standard Rate
$ 94.50 Professional Level I - Project Manager: supervision of abatement
projects, oversees field services; 6+ years of direct experience;
Level I
Premium Rate
$ 94.50

Professional
Standard Rate
$ 112.50 Professional Level II -Program Manager/IH: supervision of abatement
projects, oversees field services; 10+ years of direct experience;
Level II
Premium Rate
$ 112.50

Professional
Standard Rate
$ 130.50 Professional Level III - Principal/Program Manager &/or /PE/CIH: 15+
years of direct experience;
Level III
Premium Rate
$ 130.50

2.0 EQUIPMENT PRICING SCHEDULE
SERVICE OFFERED:
Indoor Air Quality

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 Truck
100
500
2000 no
2.2 XRF
350
800
2000 no
2.3 Personal Pump
35
90
350 no

2.10 Mileage rate or vehicle rate for travel beyond the 35-mile radius
0.575 per mile

SERIAL 200217-ITN

EXHIBIT A-13
PRICING

1.0 PRICING
SERVICE
OFFERED:
Asbestos, Lead-based paint
assessment &/or abatement
oversight Federally Funded
Housing

Field
Standard Rate
$ 58.50
Field Level II - AHERA Building Inspector/Management Planner:
independent collection and analysis of data, report writing; 1+
years of direct experience;
Level II
Premium Rate
$ 67.50
Field
Standard Rate
$ 76.50
Field Level III - AHERA Contractor/Supervisor: independent site
management, air bulk sample data analysis, report preparation;
2+ years of direct experience; EPA Lead
Level III
Premium Rate
$ 85.50

Field
Standard Rate
$ 90.00
Field Level IV - Project Designer: planning and design of
asbestos abatement projects and field activities;2+ years direct
experience. AHERA Project Designer training required, EPA lead
Level IV
Premium Rate
$ 103.50
Professional
Standard Rate
$ 94.50
Professional Level I - Project Manager: supervision of abatement
projects, oversees field services; 6+ years of direct experience;
AHERA Insp/MP/Cont/Super required, EPA Lead
Level I
Premium Rate
$ 94.50
Professional
Standard Rate
$ 112.50
Professional Level II -Program Manager/IH: supervision of
abatement projects, oversees field services; 10+ years of direct
experience; AHERA or EPA Lead Insp/MP/Cont/Super/Proj
Design required;
Level II
Premium Rate
$ 112.50

Professional
Standard Rate
$ 130.50
Professional Level III - Principal/Program Manager/PE/CIH: 15+
years of direct experience; AHERA/EPA Lead Contractor
Supervisor Training Required;
Level III
Premium Rate
$ 130.50

SERIAL 200217-ITN

2.0 EQUIPMENT PRICING SCHEDULE
SERVICE OFFERED:
Asbestos, Lead-based
paint assessment &/or
abatement oversight
Federally Funded
Housing

LEASED
EQUIPMENT NAME
PER DAY
PER WEEK
PER MONTH
YES/NO
2.1 Truck
100
500
2000 no
2.2 XRF
350
800
2000 no
2.3 Personal Pump

35
90
350 no

2.10 Mileage rate or vehicle rate for travel beyond the 35-mile radius

0.575 per mile

SERIAL 200217-ITN

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

SERIAL 200217-ITN

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.

SERIAL 200217-ITN

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

SERIAL 200217-ITN

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

SERIAL 200217-ITN

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.

SERIAL 200217-ITN

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:

x
preparation of a community relations plan
x
solicitation of, and, upon County department concurrence, selection of
community relations subcontractors, if needed
x
analysis of community attitudes toward proposed actions
x
definition of community relations program needs for each remedial activity
x
documentation of all contacts with the public when directed by the County
department project manager or coordinator, as applicable
x
development of community mailing lists
x
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
x
establishment of community information centers
x
arrangement of briefings, press conferences, workshops, and public
hearings
x
preparation of reports and participation in project review meetings

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

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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.

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.

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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:

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

SERIAL 200217-ITN

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.

E3-1. ENVIRONMENTAL SITE ASSESSMENT\SITE INVESTIGATION\REMEDIATION

The contractor shall have the ability, as required, to perform site assessments, detailed site
investigations (SI), UST discovery, initial response and abatement (including UST removal), and
Leaking Underground Storage Tank (LUST) site characterization, including preliminary
assessment and detailed SI. The contractor may assist the County department in meetings and
negotiations with regulators, property owners, potential responsible parties, and other interested
parties, including the general public.

E3-1.1 Site Assessment (Phase I)

Site assessments will be conducted according to and in compliance with the EPA’s All
Appropriate Inquiries Final Rule at 40 CFR Part 312 and ASTM E1527-13 standards (or
most current), which include reviews of available documentation/information, including but
not limited to the following:

E3-1.1.1
Chain of Title Search

Review, and/or conduct as necessary, a 50-year chain of title search for
previous owners, including, but not limited to, all deed easements, leases,
liens, and covenants as requested by project coordinator.

E3-1.1.2
Aerial Photograph Review

Review current and historical aerial photographs of the property and
surrounding area within an approximate minimum search distance as
defined in ASTM E1527-13.

E3-1.1.3
Facility Records Review

Review available facility records, including but not limited to, site plans and
as-builts, permits, notices of violations, reports, and analytical sampling
results.

E3-1.1.4
Federal, State, Local Records Review

Identify all applicable regulations and review records of appropriate
regulatory agencies, including, but not limited to, the EPA, ADEQ, Arizona
Department
of
Water
Resources
(ADWR),
Maricopa
County
Environmental Services, local agencies, and fire departments.

SERIAL 200217-ITN

E3-1.1.5
City Directory Review

Review available city directories for information relating to current and past
occupants of the site and adjacent properties.

E3-1.1.6
Sanborn Map Review

Review available Sanborn (or similar) Fire Insurance Maps for information
relating to current and past occupants of the site and adjacent properties.

E3-1.1.7
Geological/Hydrological/Climatic Report and Map Review

Review geological and hydrogeological reports, records, and maps for
information relating to the site and adjacent properties. Assess available
data for area geology, soils, aquifers, surface water, and climate.

E3-1.1.8
Field Inspection

Conduct a field inspection to determine if environmental contamination by
hazardous materials, petroleum products, or other pollutants has
potentially occurred. Identify presence of groundwater wells, hazardous
material storage areas, underground storage tanks, septic systems,
sumps, dry wells, areas of disposal, surface impoundments, and any other
means potentially used for disposal of pollutants.

E3-1.1.9
Well Inventory

Conduct a well inventory of the site and surrounding area as required, to
include, but not be limited to, well location, depth, diameter, use, current
and historical water levels, and groundwater quality data.

E3-1.1.10
Interviews

Conduct interviews to obtain information concerning the site with, but not
limited to, current and former employees, tenants, and owners of the site
and adjacent properties.

E3-1.1.11
Asbestos and Lead-based Paint Survey

The contractor shall have the ability to conduct asbestos containing
material surveys, when requested, as defined in exhibit section E3-2.3 of
this ITN and lead-based paint surveys as defined in exhibit section E3-2.4
of this ITN.

E3-1.1.12
Report

Document, within the times specified in the project, findings in a complete
and concisely organized report. The report shall include recommendations
regarding further investigations at the site. The report shall contain a
statement indicating it meets or exceeds the requirements of ASTM
E1527-13 (or most current). The contractor shall furnish the County
department the requested number of electronic media reports.

E3-1.2 Site Investigation (SI) (Phase II)

The contractor shall have the ability to perform a detailed SI, as required. The purpose of
the SI is to determine the nature and extent of contamination at the site. The SI may
include, but not be limited to:

SERIAL 200217-ITN

x
Characterization and description of soils, groundwater, surface water, air,
construction material (e.g., lead-based paint), and/or other affected
environmental media with respect to location, nature, extent, and rate of
migration of contamination sources and their proximity to potentially impacted
receptors

x
Characterization of the hydrogeologic setting to determine the most likely
contaminant migration pathways and physical features which could potentially
affect remedial solutions

x
Gathering of data and information to the extent necessary and sufficient to
quantify risk to public health and the environment, and support the development
and evaluation of viable remedial alternatives

The SI may include, but not be limited to, the following:

E3-1.2.1
Work Plans

Prepare detailed work plans as required, including, but not limited to, the
following: sampling and/or analysis plan, quality assurance project plan
(QAPP), and health and safety plan. All plans shall comply with applicable
Federal and state requirements in effect at the time services are performed
or which are reasonably foreseeable.

E3-1.2.2
Investigative Measures

Conduct subsurface drilling, groundwater/vadose zone well installation,
aquifer and well testing, geophysical surveys, sample collection from
various media, soil vapor studies, and vapor intrusion assessments.

E3-1.2.3
Monitoring and Sampling

Provide physical and chemical analysis of samples of air, gas, waste, soil
or other solid material, and water or other liquid material through an
Arizona Department of Health Services (ADHS) licensed/certified
laboratory and/or mobile laboratory meeting the capabilities under
A.R.S. § 36-495 et seq., and the rules promulgated therein. Provide
interpretations and reports describing the analytical data in a format
specified. Implement document control and chain-of-custody procedures.

E3-1.2.4
Data Assessment and Presentation

Prepare, assess, and present data using, but not limited to, the following:
geographic information systems (GIS); computer aided design and
drafting (CADD) (release as required by issuing County department); and
analytical and/or numeric models for tracking, flow, fate, and transport of
contaminants through various environmental media.

E3-1.2.5
Report

Document findings in a complete and concisely organized report within the
times specified in the project contract. The report shall include
recommendations regarding further actions at the site. The contractor shall
furnish the County department the requested number of hard copies and
specified electronic media reports.

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E3-1.2.6
Agency Coordination

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.

E3-1.3 UST/LUST Site Assessment

The contractor shall understand and agree that all work authorized under the 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 including, but not limited to, the following: UST rules, and all statutory
requirements included within A.R.S. Title 49 - The Environment, A.R.S. Title 45 - Waters,
and A.R.S. Title 41 - State Government (Administrative Code).

E3-1.3.1
Site Discovery

The purpose of site discovery is to identify UST sites that may have or are
potentially causing degradation, destruction, loss of or threat to air, land,
and/or waters of the State resulting from a release of a regulated
substance to the environment. This may include, but is not necessarily
limited to, the initial discovery of materials covered in the remaining scopes
of work. Site discovery may include any or all of the following tasks:

E3-1.3.1.1 Review of available historical records, including, but not
limited to:

x
historic and current telephone and business directories
x
aerial photographs
x
plat maps
x
chains-of-title/ownership
x
lease records
x
inventory records
x
other records as necessary or required

E3-1.3.1.2 Preliminary site reconnaissance, including, but not limited to:

x
off-site visual surveys documentation using photography
or video
x
documentation of visual handling and/or disposal
practices
x
documentation of visible soil staining
x
all others requested

E3-1.3.1.3 Report documenting site discovery findings in a complete and
concisely organized draft and/or final report(s) and provide the
report(s) to the requesting County department and Maricopa
County Risk Management Department within the times
specified in the contract. This report shall include descriptive
analysis of findings, including scaled drawings, copies of
pertinent records, all laboratory data, etc.

E3-1.3.2
Initial Response and Abatement

The contractor shall furnish the personnel, services, materials, and
equipment required to conduct any appropriate initial actions in order to
minimize the hazards associated with LUSTs and to prevent further
contamination of adjacent soil and water by petroleum releases.

SERIAL 200217-ITN

E3-1.3.2.1 The contractor shall determine the necessity for and type of
initial response measures by performing an initial site
inspection and by reviewing available information sources.
Sources of information include visual observation, files of the
UST owner and operator, files of local, state, and Federal
authorities, local hydrogeological and meteorological records,
discussions with area residents, and other sources as
appropriate.

E3-1.3.2.2 Initial abatement and corrective actions may include, but are
not limited to:

x
recovery of free product
x
closure of USTs and associated piping and equipment
x
sampling of public and private water supply wells and
surface water
x
providing alternative water sources
x
measurement and abatement of explosive and toxic
vapors
x
removal, transportation, storage, treatment, and disposal
of contaminated materials

E3-1.3.2.3 The contractor shall report, as required by the County
department, the actions planned and/or authorized to initially
abate and address the UST release.

E3-1.3.3
Site Investigation/Site Characterization

In accordance with the most current ADEQ LUST Site Characterization
Guidance document or currently applicable guidelines, the contractor shall
conduct the necessary actions to fully define the lateral and vertical extent
of subsurface contamination.

E3-1.3.3.1 The purpose of the SI is to determine the nature and extent of
contamination in any and all affected environmental media at
the site. The nature of this task shall include, but may not be
limited to:

x
characterization and description of the soils, groundwater,
surface water, air, or any other affected environmental
media with respect to location, nature, extent and rate of
migration of contamination sources and their proximity to
potentially impacted receptors
x
characterization of the hydrogeologic setting to determine
the most likely contamination pathways and physical
features that could affect potential corrective actions
x
the gathering of data and information to the extent
necessary and sufficient to quantify risk to public health
and the environment and which supports the development
and valuation of viable corrective alternatives in the FS.

E3-1.3.3.2 Prepare detailed work plans as required, including, but not
limited to, the following: sampling and/or analysis plan, quality
assurance project plan (QAPP), and health and safety plan.
All plans shall comply with applicable Federal and state
requirements in effect at the time services are performed or
which are reasonably foreseeable.

SERIAL 200217-ITN

E3-1.3.3.3 Conduct subsurface drilling, groundwater/vadose zone well
installation, aquifer and well testing, geophysical surveys,
sample collection from various media, soil vapor studies, and
vapor intrusion assessments.

E3-1.3.3.4 Provide physical and chemical analysis of samples of air, gas,
waste, soil or other solid material, and water or other liquid
material through an ADHS licensed/certified laboratory and/or
mobile
laboratory
meeting
the
capabilities
under
A.R.S. § 36-495 et seq., and the rules promulgated therein.
Provide interpretations and reports describing the analytical
data in a format to be specified by the County department.
Implement
document
control
and
chain-of-custody
procedures.

E3-1.3.3.5 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 for tracking flow and
contaminate fate and transport models through various
environmental media.

E3-1.3.3.6 The contractor shall document findings in a complete and
concisely organized draft report to the County department.
This report shall contain the elements outlined above.
Additionally, the report shall include recommendations
regarding further action at the site.

E3-1.3.3.7 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.

E3-1.4 Excavation, transportation, disposal, and other forms of handling and management of
hazardous waste shall be done in conformance with all applicable state, Federal, and local
laws, ordinances, and regulations. Accordingly, the contractor and designated
implementation subcontractor(s) shall have all necessary certificates, licenses, and other
permits and equipment to conduct such site activities as described in this statement of
work.

E3-1.5 Remediation

The contractor shall have the ability to perform site remediation based upon information
collected during the site assessment and SI. The contractor shall have the ability to
implement remedies to the hazardous conditions at a site. The remedies may include, but
are not limited to, any of the types of improvements cited in A.R.S. Title 49 - The
Environment and the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA). Cleanup measures may also include a provision of security
arrangements, removal and disposal, treatment of containerized or non-containerized
waste, and other actions to mitigate the hazardous conditions. It may also include the
provision for long term operation and maintenance of the site and any equipment on it.
Construction and operation of facilities for the remediation of hazardous waste shall be
done in conformance with all applicable Federal, state, and local laws, ordinances, and
regulations. Accordingly, the contractor and designated implementation subcontractor(s)
shall have all necessary certificates, licenses, and other permits and equipment to conduct
such site activities as described in this statement of work. Remedial action services may
include, but not be limited to:

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E3-1.5.1
Feasibility Study (FS) or Engineering Evaluation/Cost Analysis (EE/CA)

E3-1.5.1.1 Completion of a FS or EE/CA, as directed by the County
department, the purpose of which is to develop and evaluate
appropriate remedial alternatives based upon data and
reports from the site assessment and SI. The alternatives
shall mitigate impacts to public health and the environment,
comply with all applicable laws and regulations, and shall be
evaluated for technical and cost effectiveness.

E3-1.5.1.2 The County department may then present the study to all
appropriate government agencies for comments. The study
must comply with all state and EPA statutory, regulatory, and
policy requirements in effect at the time service are
performed, or which are reasonably foreseeable. As new
information becomes available from whatever source, the
contractor may be required to update the study. The
completed FS report will be used in the preparation of a final
engineering design. In meeting the contract requirements for
FSs, the contractor shall be capable of providing the following
services, and any additional services as directed by the
County department in the PSOW.

E3-1.5.2
Bench and Pilot Testing

If necessary, bench and pilot scale testing studies shall be performed to
determine the applicability of selected corrective technologies to site
specific conditions. These may include treatability studies, aquifer testing,
and/or material compatibility testing. These studies may be completed in
the latter stages of the site FS after initial screening of corrective
technologies and actions.

E3-1.5.3
Risk Assessment

Perform or evaluate a human health or ecological risk assessment, based
upon the toxic effect of exposure to hazardous materials at a site, to
assess the need for implementing remedial actions, and to provide the
rational to determine the level of remedial action necessary to control or
mitigate hazards.

E3-1.5.3.1 The evaluation or performance of a risk assessment may be
requested by the County department during the SI phase of
the work, throughout the FS process, and at any stage of the
process to develop a baseline risk assessment, preliminary
corrective action goals, and/or assist in evaluation of regulated
substance alternatives. The contractor shall comply with any
and all Agency Guidance Cleanup Levels (AGCLs) developed
by the enforcing state agency, and those AGCLs which are
implemented during the life of the contract agreement shall
become effective on the effective date of the AGCL. Applicable
AGCLs will be defined by the County department project
manager or project coordinator.

E3-1.5.3.2 The risk assessment or evaluation of same shall be prepared
in a format acceptable to the County department. The
contractor shall have the experience and capability to perform
or evaluate either a deterministic methodology, a probabilistic

SERIAL 200217-ITN

methodology, or an alternative methodology commonly
accepted in the scientific community.

E3-1.5.3.3 The contractor shall furnish the County department an
electronic version of the risk assessment and the requested
number of hard copies, if needed, and specified electronic
media risk assessment reports. The contractor shall receive
written notice from the County department project manager or
project coordinator prior to initiation of a risk assessment.

E3-1.5.4
County Department Coordination

Provide the personnel services, materials, and equipment to assist 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.

E3-1.5.5
Engineering Design

Complete engineering design of selected remedial treatment methods,
including, but not limited to, drawings/plans, specifications, permit
requirements, bid documents, and vendor/subcontractor evaluation and
selection.

E3-1.5.6
Construction Oversight Activities

E3-1.5.6.1 Provide the personnel, services, materials, and equipment
required to conduct or oversee completion of remedial
treatment
installation
according
to
approved
plans,
specifications, and regulatory requirements (e.g., state,
municipal, and fire department regulations, 29 CFR Part 1910
and 29 CFR Part 1926).

E3-1.5.6.2 Prepare of record drawings (as-builts).

E3-1.5.6.3 Review and approval of pay applications, field construction
authorizations, and contract change authorizations.

E3-1.5.6.4 Prepare of a list of tasks and items that need to be fixed or
completed before a construction project can be considered
finished (“punch list”).

E3-1.5.6.5 Conduct field oversight during construction duration.

E3-1.5.6.6 Measures may also include procurement of necessary
permits and right-of-way, relocation of site utilities, and
security arrangements.

E3-1.5.6.7 The contractor may also be required to:

x
assist in preparation of solicitation documents (i.e. a
request for access rights across property owned by an
HOA, or request for work by a public utility)

x
assist the County department in the evaluation process
of proposals/bids

x
prepare or evaluate work plans

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x
provide oversight services to the County department
including:

o
prepare reports and participate in project review
meetings
o
prepare and document a written cost/price
analysis consistent with the requirements of
40 CFR Part 33, prior to any sub-contract award.

x
support
County
oversight
responsibilities
for
corrective/remedial response activities that are managed,
contracted, or performed by others. These activities may
include oversight of parties engaged in corrective action
such as an architectural/engineering (A/E) firm, other
contractors, or a private party under court order or
negotiated corrective action, if and when requested by the
County department.

E3-1.5.7
Off-Site Transportation for Treatment, Disposal, or Storage (TDS)

As agent for the County, arrange for proper transportation of wastes
according to Federal, state, or local regulatory requirements including, but
not limited to, the US Department of Transportation, an appropriately
permitted and approved TDS facility for destruction or disposal of the
waste, or to a permitted and approved recycling facility for material
recycling. Maintain and provide waste manifest records to the County
department.

E3-1.5.8
System Startup

Provide start up, testing, and shakedown operation of treatment systems
or other systems constructed at the site, as well as assist in the monitoring
of any remedial action by contractors or subcontractors.

E3-1.5.9
Operation and Maintenance (O&M)

Furnish personnel, services, materials, and equipment necessary to
prepare a comprehensive O&M plan for the remedial action, and to
conduct long term O&M of the site and equipment, including but not limited
to permitting, monitoring, maintaining compliance levels or standards,
taking corrective actions, providing security, and ensuring closure
requirements are carried out. The County department project manager or
project coordinator may then present the O&M plan to all appropriate
government agencies and to the affected community for comments. The
O&M plan must comply with all state and Federal statutory, regulatory, and
policy requirements in effect at the time services are performed, or which
are reasonably foreseeable.

E3-1.5.10
Monitoring and Sampling

Provide physical and chemical analysis of samples of air, gas, waste, soil
or other solid material, and water or other liquid material through an ADHS
licensed/certified laboratory and/or mobile laboratory meeting the
capabilities under A.R.S. § 36-495 et seq., and the rules promulgated
therein. Provide interpretations and reports describing the analytical data
in a format specified within the PSOW. Implement document control and
chain-of-custody procedures.

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E3-1.5.11
Closure Plans

E3-1.5.11.1 The contractor shall furnish the personnel, services,
materials, and equipment necessary to prepare and
implement a closure plan, the purpose of which is to provide
measures to be taken at a site to minimize the need for
further maintenance and to control, minimize, or eliminate
post-closure escape of pollutants to the environment.

E3-1.5.11.2 All closure plans shall comply with applicable federal and
state closure requirements in effect at the time services are
performed or which are reasonably foreseeable. The
contractor shall furnish the County department the
requested number of closure reports.

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E3-2. ASBESTOS,
LEAD-BASED
PAINT
ASSESSMENT
AND/OR
ABATEMENT
OVERSIGHT

NOTICE: Qualification under section E3-2.0 DOES NOT result in qualification under section
E3-13.0. Each AOS section must be responded to separately.

The contractor shall have the ability to provide for the assessment of asbestos containing building
materials (ACM) and lead-based paint (LBP) at various sites throughout Maricopa County. These
services shall be utilized on an as needed, if needed, basis. The contractor may assist the County
department in meetings and negotiations with regulators, property owners, potential responsible
parties, and other interested parties, including the general public.

E3-2.1 Service to be required

E3-2.1.1 Many County facilities are thought to contain some form of ACM and LBP. Some
preliminary studies of County facilities have been accomplished; however,
additional assessments need to be conducted. Each asbestos and LBP building
inspection and assessment must be conducted by certified individuals and firms.
Large and small asbestos and/or lead removal projects require sophisticated
procedures including building heating, ventilating, and air conditioning (HVAC)
isolation; evacuation of the space; and stringent containment, decontamination,
and disposal of the asbestos and/or lead containing waste material. Creation of
abatement guidelines for the removal of ACM and LBP, oversight of abatement
activities, and the development of operations and maintenance (O&M) programs
to manage ACM and LBP in place must be conducted by certified individuals and
firms.

E3-2.1.1 This AOS includes the assessment, completion of O&M programs, and the design
and oversight of abatement for ACMs and LBP only.

E3-2.2 References

The following references shall apply to this AOS:

E3-2.2.1
40 CFR Part 61, Subpart M, Asbestos National Emission Standards for
Hazardous
Air
Pollutants
(NESHAP:
https://www.maricopa.gov/1701/Asbestos)

E3-2.2.2
29 CFR Part 1926, Subpart 1926.1101 Asbestos

E3-2.2.3
29 CFR Part 1926, Subpart 1910.1001 Asbestos

E3-2.2.4
40 CFR Part 763, Asbestos Model Accreditation Plan: Interim Final Rule
(59 FR 5236-5260)

E3-2.2.5
24 CFR Part 5, 24 CFR Part 35, 24 CFR Part 58, and 24 CFR 200 Housing
and Urban Development (HUD)

E3-2.2.6
29 CFR Part 1910.1025 and 29 CFR Part 1926.62 Lead (OSHA)

E3-2.2.7
40 CFR Part 61, 40 CFR Part 745, and 40 CFR Part 763 (EPA). Toxic
Substances Control Act (TSCA); Residential Lead-Based Paint Hazard
Reduction Act (Title X); Clean Air Act (CAA); Clean Water Act (CWA); Safe
Drinking Water Act (SDWA); Resource Conservation and Recovery Act
(RCRA)

E3-2.2.8
A.R.S. Title 49

SERIAL 200217-ITN

E3-2.2.9
Lead Renovation, Repair, Painting (RRP) rule and Hazard Standards for
Lead in Paint, Dust and Soil, TSCA Section 403.

E3-2.2.10
Maricopa County Air Pollution regulation: National Emissions Standard for
Hazardous Air Pollutants (NESHAP) for Asbestos, Regulation 111, Rule
370, section 301.9, sub-part M

E3-2.2.11
Any other applicable Federal, state, County, or local rules and regulations

E3-2.3 Asbestos Assessment

Contractors awarded projects for asbestos assessment (assessment contractor) shall
provide asbestos management and consulting services, assess and characterize any ACM
which may be present, and develop primary and alternative recommendations for remedial
action or an O&M plan. These recommendations will take the form of a survey report or
work plan which will become the basis of a contract for site abatement or an O&M program.
The assessment contractor shall provide professional services in accordance with the
provisions and requirements set forth herein. The assessment contractor shall provide the
following tasks under the contract on an as needed, if needed basis:

E3-2.3.1
Project Management

E3-2.3.1.1
The assessment contractor's responsibilities shall include,
but not be limited to, the following:

x
Inspections of buildings and property for ACMs;
sampling and classifying suspect materials; developing
an O&M plan; creation of abatement specifications;
abatement oversight; air monitoring; risk assessments;
closeout reporting; and site safety and health plans.
x
All employees and contractors utilized will be currently
certified in their respective categories including
inspectors,
contractor/supervisors,
management
planners, project designers, etc.

E3-2.3.2
Inspections

x
The assessment contractor shall be responsible for any and all site
inspections, estimations of quantity of work, or recognition of unusual
or special situations, which may affect a timely and scheduled
completion of the work.

E3-2.3.3
Analysis

The assessment contractor shall provide a plan for the
laboratory analysis of asbestos samples, including but not
limited to, the following:

x
Name of National Voluntary Laboratory Accreditation Program
(NVLAP) accredited analytical laboratory
x
Qualifications of laboratory and its personnel
x
Methods of analysis prescribed by NESHAP
x
Quality assurance procedures
x
Chain of custody procedures
x
Laboratory reports.

E3-2.3.3.1 Copies of laboratory reports shall be delivered to the County
department’s project manager or project coordinator as they

SERIAL 200217-ITN

are made available by the laboratory or upon request after
collection of any sample.

E3-2.3.4
Reporting

All inspection and management reports and O&M plans must be in a
format similar to AHERA inspection and management reports and O&M
plans including, but not necessarily limited to, the following:

x
Physical address and legal description, description and location of
the materials sampled using floor plans, maps, or drawings, defining
the material as a regulated asbestos-containing material (RACM) or
Non-Friable, Category I or II, and as TSI, surfacing, or miscellaneous
materials, quantify materials including linear feet for TSI pipe and in
square feet for surfacing and cubic feet for volume, and assess
condition of materials.
x
Risk assessment of exposure potential may be required by the
County department.

E3-2.3.4.1 Copies of the inspection reports and O&M plans shall be
submitted to the County department’s project manager or
project coordinator.

E3-2.3.5
Abatement Oversight and Inspections

Abatement activities will be conducted by an abatement contractor in
conjunction with a certified abatement consultant (consultant is either
County provided or hired at the discretion of the abatement contractor). The
abatement consultant will represent the interests of Maricopa County by
providing the following, including but not limited to:

x
Oversight, project management and coordination, certificate
verification, building inspection report and NESHAP reviews,
project conditions, scope of work, removal methods,
engineering
controls,
laboratory
data
review
and
interpretation, waste characterization, disposal options, air
sampling before, during and after abatement activities, and
visual inspections during and after completion of abatement
activities.

E3-2.3.6
Conformance with Laws

E3-2.3.6.1 The assessment contractor must comply with all applicable
Federal, state, County, or local rules and regulations
governing any asbestos project, inspection, removal, training,
and disposal.

E3-2.3.6.2 The assessment contractor shall have access to the
regulations referenced above in E3-2.3.6.1 on each site
where work is being accomplished.

E3-2.3.6.3 Prior to implementation of asbestos removal, the assessment
contractor is responsible to ensure the abatement contractor
notifies the Maricopa County NESHAP Coordinator and
designated County departments. The notification must comply
with 40 CFR Part 61, Subpart M. Copies of the notification
must be provided either digitally or in hard copy to the
following:

SERIAL 200217-ITN

x
Maricopa County Air Quality Department
ATTN: Asbestos NESHAP Coordinator
Central Permit Intake Office
3800 N. Central Avenue, Suite #1400
Phoenix, Arizona 85012
Telephone: 602-506-6010
Asbestos@maricopa.gov

x
County department’s project manager or project
coordinator responsible for the specific project
coordinator.

E3-2.3.7
County Department Responsibilities

E3-2.3.7.1 As needed, the County department requesting services of the
assessment contractor should provide specific written
information concerning the project. This may include, but not
necessarily be limited to, the following:

x
Address of the site, drawings, or maps of the area of
buildings, any construction records that might identify
asbestos construction materials, other inspection
reports, if available, other hazards which require
assessment by technically trained inspectors, and
coordination for moving of patients, inmates, employees,
etc., as applicable.

E3-2.4 Lead-Based Paint Assessment

Contractors awarded projects for asbestos assessment (assessment contractor) shall
provide lead-based paint management and consulting services, assess and characterize
any LBP which may be present, and develop primary and alternative recommendations for
remedial action or an O&M program that includes a hazard control plan. These
recommendations will take the form of a survey report or work plan which will become the
basis of a contract for site abatement or an O&M program. The assessment contractor
shall provide professional services in accordance with the provisions and requirements set
forth herein. The assessment contractor shall provide the following tasks under the contract
on an as needed, if needed basis:

E3-2.4.1
Project Management

E3-2.4.1.1 The assessment contractor's responsibilities shall include, but
are not limited to, the following:

x
Inspection of buildings and property for LBP, lead
residues, and/or lead in drinking water; assessment and
classification of paint condition; developing an O&M plan
that includes a risk assessment and hazard control plan;
air monitoring for personnel; area or air clearance
monitoring of abatement sites; designing lead exposure
mitigation/abatement projects; preparation of design
specifications and providing cost estimates based on the
current condition as determined during site inspections;
site managing mitigation/abatement projects; preparation
of post abatement reports; providing assessment reports
that can be used for future construction; abatement and
management activities; and, provide site safety and
health plans for project management.

SERIAL 200217-ITN

x
All employees and contractors utilized, including
inspectors, risk assessors, contractor/supervisors, project
designers etc., will be currently certified in their respective
categories.

E3-2.4.2
Inspections

The assessment contractor shall be responsible for any and all site
inspections, estimations of quantity of work, or recognition of unusual or
special situations, which may affect a timely and scheduled completion of
the work.

E3-2.4.3
Analysis

The assessment contractor shall provide a plan for the X-ray
fluorescent (XRF) instrument use or laboratory analysis of
lead samples, including but not limited to, the following:

x
Name of National Lead Laboratory Accreditation Program
(NLLAP) accredited analytical laboratory
x
Qualifications of laboratory and its personnel
x
Methods of analysis prescribed by EPA
x
Quality assurance procedures
x
Chain of custody procedures
x
Laboratory reports
x
XRF instrumentation records and licensing information

E3-2.4.4
Reporting

E3-2.4.4.1 All inspection reports, management reports, hazard control
plans, and O&M plans must be in a format similar to HUD
inspection
and
risk
assessment
reports
(https://www.hud.gov/sites/documents/LBPH-09.PDF)
and
O&M plans including, but not necessarily limited to, the
following:

x
Physical address and legal description, description and
location of the materials sampled with floor plans, maps,
or drawings, assessment of paint conditions and
quantities, description of any statistical method used in
the sampling process, and inclusion of all analytical
results, both positive and negative

x
Risk assessment of exposure potential may be required
by the County department, including hazard control
options
(https://apps.hud.gov/offices/lead/lbp/hudguidelines/Ch0
5.pdf).

E3-2.4.4.2 Copies of the inspection and risk assessment reports and
O&M plans shall be submitted to the County department’s
project manager or project coordinator as specified in the
PSOW.

E3-2.4.5
Conformance with Laws

E3-2.4.5.1 The
assessment
contractor
must
comply
with
the
requirements of any applicable Federal, state, County, or local

SERIAL 200217-ITN

rules and regulations governing lead project removal, training,
and disposal.

E3-2.4.5.2 The assessment contractor shall retain copies of the
regulations, stated in E3-2.4.5.1, on each site where work is
being accomplished.

E3-2.4.5.3 Prior to implementation of lead-containing material removal,
the assessment contractor is responsible to ensure the
abatement contractor notifies the designated regulatory
authority’s coordinator, and designated County departments.
The notification must comply with 40 CFR and the OSHA
regulations. Copies of the notification must be provided to
those agencies stated below:

x
Maricopa County Risk Management
ATTN: Risk Control & Loss Prevention Division
234 North Central Avenue, Suite #530
Phoenix, Arizona 85004
Telephone: 602-506-6041
https://www.maricopa.gov/1303/Risk-Management

x
County
department’s
project
manager
or
project
coordinator and Maricopa County Risk Management
Department.

E3-2.4.6
County Department Responsibilities

E3-2.4.6.1 The County department requesting services of the
assessment contractor should provide specific written
information concerning the project. This may include, but not
necessarily be limited to, the following:

x
Address of the site, drawings or maps of the area of
buildings, any construction records that might identify lead
paint materials, other inspection reports if available, other
hazards which require assessment by technically trained
inspectors, and coordination for moving of patients,
inmates, employees, etc., if applicable.

SERIAL 200217-ITN

E3-6. INDUSTRIAL HYGIENE/INDOOR AIR QUALITY SERVICES

E3-6.1 Services to be required

The County department may require industrial hygiene/indoor air quality services for
specific projects. These services may include, but not be limited to, indoor air quality
sampling and analysis, mold and fungi sampling, indoor air engineering, swipe tests,
noise exposure evaluations, and evaluations of work practices and conditions.

E3-6.2 Technical Requirements

The contractor(s) retained by the County must meet the following qualifications and must
be able to provide the services outlined below.

E3-6.2.1
Have experience necessary to sample, analyze, and assess indoor air
quality and personal exposures within County department work
locations. Use sampling and analytical methods approved by
appropriate agencies, for example, ADHS, OSHA, EPA, National
Institute for Occupational Safety Health (NIOSH), NVLAP, National
Lead Laboratory Accreditation Program (NLLAP), American Industrial
Hygiene Association (AIHA), American Conference of Government
Industrial Hygienists (ACGIH), American Society of Heating,
Refrigerating and Air Conditioning Engineers (ASHRAE), etc.

E3-6.2.2
Sample, analyze, and assess air quality for employees, the public, and
contract workers, and sample, analyze, and assess sensitive
equipment at County work locations as a post-incident response to
emergency situations (e.g., fire, sewer pipe break, chemical spill, etc.).
The assessment shall require expedited response time in order to
allow the County and the County department to issue notification to
employees and customers of the safety of the work place.

E3-6.2.3
Ability to conduct safety evaluations, evaluations of work practices and
conditions, and process hazard analyses at the County department’s
work locations.

E3-6.2.4
Ability to conduct noise exposure surveys at the County department’s
facilities.

E3-6.2.5
Ability to conduct radiological surveys at the County department’s
facilities.

E3-6.2.6
Ability to conduct mold/fungi investigations at the County department’s
facilities.

E3-6.2.6
Ability to conduct ventilation evaluations, and control system design,
testing, and engineering at the County department’s facilities.

E3-6.2.7
Conduct risk assessments/analyses and perform appropriate
computer modeling. Provide additional information, upon request by
the issuing County department, regarding their experience in risk
analysis and modeling.

E3-6.2.8
The contractor understands and agrees that some work, when
requested in the PSOW, may require the performance of a Certified
Industrial Hygienist (CIH) registered by and consistent with the
applicable rules and by-laws of the American Board of Industrial
Hygiene (http://www.abih.org). Plans, specifications, reports, and
other professional documents, as required by the County department,

SERIAL 200217-ITN

must be sealed by such registered professional, and must be
acceptable to the County department’s project manager or project
coordinator in form, timeliness, contents, and presentation.

E3-6.2.9
The contractor understands and agrees that some of the work, when
requested in the PSOW, may require the possession of specific
licenses and certifications. The contractor agrees to maintain these
licenses and certificates in good standing, and to perform only that
work for which the licenses and certifications apply. Accordingly,
principals or officers of the consultant firm shall be professionally
qualified and competent to perform the work and shall be
knowledgeable and proficient with regard to compliance with all
applicable Federal, state, and local laws, statutes, regulations, rules,
and guidelines.

SERIAL 200217-ITN

E3-13. LEAD-BASED PAINT AND ASBESTOS ASSESSMENT AND/OR ABATEMENT FOR
FEDERALLY FUNDED HOUSING PROJECTS

NOTICE: Qualification under Section E3-2.0 DOES NOT result in qualification under Section E3-
13.0. Each section must be submitted separately.

The contractor shall have the ability to provide for the assessment of asbestos containing building
materials (ACMs) and lead-based paint (LBP) at various sites throughout Maricopa County. These
services shall be utilized on an as needed, if needed, basis. The contractor may assist the County
department in meetings and negotiations with regulators, property owners, potential responsible
parties, and other interested parties, including the general public.

E3-13.1 Services to be required

E3-13.1.1
Maricopa County provides lead-based paint (LBP) reduction services and
healthy home improvements to residential properties in Maricopa County.
The program is funded by the HUD, as part of their Lead Hazard Control
Grant program. The grant provides funding for LBP testing, LBP risk
assessments, and testing for asbestos containing building materials
(ACM). The County uses the tests and assessments to create a scope,
including abatement and/or interim control, to reduce LBP and ACM in the
homes of our clients. The program serves low-to-moderate individuals
living in target housing, including single-family and multi-family units. The
County requires the services of a qualified testing firm to provide initial
LBP and ACM tests, risk assessments, abetment guidelines, and
clearance tests, including all required reports. Creation of testing and
assessment reports for the reduction LBP and ACM hazards must be
conducted by certified individuals and firms.

E3-13.1.2
This AOS includes the assessment, completion of O&M programs, and the
design and oversight of abatement for ACMs and LBP only.

E3-13.2 References

The following references shall apply to this AOS:

E3-13.2.1
40 CFR Part 61, Subpart M, Asbestos National Emission Standards for
Hazardous Air Pollutants (NESHAP)

E3-13.2.2
29 CFR Part 1926, Subpart 1926.1101 Asbestos

E3-13.2.3
29 CFR Part 1926, Subpart 1910.1001 Asbestos

E3-13.2.4
40 CFR Part 763, Asbestos Model Accreditation Plan: Interim Final Rule
(59 FR 5236-5260)

E3-13.2.5
24 CFR Part 5, 24 CFR Part 35, 24 CFR Part 58, 24 CFR Part 200 HUD

E3-13.2.6
29 CFR, Part 1910.1025 and 29 CFR, Part 1926.62 Lead (OSHA)

E3-13.2.7
40 CFR Part 61, 40 CFR Part 745, and 40 CFR Part 763 (EPA). Toxic
Substances Control Act (TSCA); Residential Lead-Based Paint Hazard
Reduction Act (Title X); Clean Air Act (CAA); Clean Water Act (CWA);
Safe Drinking Water Act (SDWA); Resource Conservation and Recovery
Act (RCRA)

E3-13.2.8
A.R.S. Title 49, Article 9.

E3-13.2.9
24 CFR Part 135

SERIAL 200217-ITN

E3-13.2.10
Section 281 of the National Affordable Housing Act

E3-13.2.11
36 CFR Part 800

E3-13.2.12
2 CFR Part 200

E3-13.2.13
72 FR 2732

E3-13.2.14
24 CFR 8.6(b) and Titles II and III of the Americans with Disabilities Act

E3-13.2.15
Equal Employment Opportunity Act of 1972

E3-13.2.16
OLHCHH Program Policy Guidance 2015-01 and 2017-01

E3-13.2.17
Any other applicable Federal, state, County, or local rules and
regulations

E3-13.3 Asbestos Assessment

Contractors awarded projects for asbestos assessment (assessment contractor) shall
provide asbestos management and consulting services, to assess and characterize any
ACM which may be present, and to develop primary and alternative recommendations for
remedial action or an O&M plan. These recommendations will take the form of a survey
report or work plan which will become the basis of a contract for site abatement or an O&M
program. The assessment contractor shall provide professional services in accordance
with the provisions and requirements set forth herein. The assessment contractor shall
provide the following tasks under the contract on an as needed, if needed basis:

E3-13.3.1
Project Management

E3-13.3.1.1
The
assessment
contractor's
responsibilities
shall
include, but not be limited to, the following:

x
Inspections of buildings and property for ACMs;
sampling
and
classifying
suspect
materials;
developing an O&M plan; creation of abatement
specifications; abatement oversight; air monitoring;
risk assessments; closeout reporting; and site safety
and health plans.
x
All employees and contractors utilized will be
currently certified in their respective categories
including
inspectors,
contractor/supervisors,
management planners, project designers, etc.

E3-13.3.2
Inspections

x
The assessment contractor shall be responsible for any and all site
inspections, estimations of quantity of work, or recognition of unusual or
special situations, which may affect a timely and scheduled completion
of the work.

E3-13.3.3
Analysis

The assessment contractor shall provide a plan for the laboratory analysis
of asbestos samples, including but not limited to, the following:

x
Name of National Voluntary Laboratory Accreditation Program
(NVLAP)-accredited analytical laboratory.

SERIAL 200217-ITN

x
Qualifications of laboratory and its personnel.
x
Methods of analysis prescribed by NESHAP.
x
Quality assurance procedures.
x
Chain of custody procedures.
x
Laboratory reports.

E3-13.3.3.1
Copies of laboratory reports shall be delivered to the
County
department’s
project
manager
or
project
coordinator as they are made available by the laboratory
or upon request after collection of any sample.

E3-13.3.4
Reporting

All inspection and management reports and O&M plans must be in a
format similar to AHERA inspection and management reports and O&M
plans including, but not necessarily limited to the following:

x
Physical address and legal description, description and location of the
materials sampled using floor plans, maps, or drawings, defining the
material as RACM or Non-Friable, Category I or II, and as TSI,
surfacing, or miscellaneous materials, quantify materials including
linear feet for TSI pipe and in square feet for surfacing and cubic feet
for volume, and assess condition of materials.
x
Risk assessment of exposure potential may be required by the County
department.

E3-13.3.4.1
Copies of the inspection reports and O&M plans shall be
submitted to the County department’s project manager or
project coordinator.

E3-13.3.5
Abatement Oversight and Inspections

E3-13.3.5.1 Abatement activities will be conducted by an abatement
contractor in conjunction with a certified abatement
consultant (consultant is either County provided or hired at
the discretion of the abatement contractor). The
abatement consultant will represent the interests of
Maricopa County by providing the following, including but
not limited to:

x
Oversight, project management and coordination,
certificate verification, building inspection report and
NESHAP reviews, project conditions, scope of work,
removal methods, engineering controls, laboratory
data
review
and
interpretation,
waste
characterization, disposal options, air sampling
before, during and after abatement activities, and
visual inspections during and after completion of
abatement activities.

E3-13.3.6
Conformance with Laws

E3-13.3.6.1
The assessment contractor must comply with all
applicable Federal, state, County, or local rules and
regulations governing any asbestos project, inspection,
removal, training, and disposal.

SERIAL 200217-ITN

E3-13.3.6.2
The assessment contractor shall retain copies of the
regulations, stated in E3-13.3.6.1, on each site where
work is being accomplished.

E3-13.3.6.3
Prior to implementation of asbestos removal, the
assessment contractor is responsible to ensure the
project contractor notifies the Maricopa County NESHAP
coordinator and designated County departments. The
notification must comply with 40 CFR Part 61, Subpart M.
Copies of the notification must be provided either digitally
or in hard copy to the following:

x
Maricopa County Department of Environmental
Services
ATTN: Asbestos NESHAP Coordinator
3800 N. Central Avenue, Suite #1400
Phoenix, Arizona 85012
Telephone: 602-506-6010
Asbestos@maricopa.gov

x
Maricopa Human Services Department
ATTN: Housing & Community Development
234 North Central Avenue, 3rd
Phoenix, Arizona 85004
Telephone: 602-372-1529
Matt.Utyro@maricopa.gov

x
County department’s project manager or project
coordinator responsible for the specific project.

E3-13.3.7
County Department Responsibilities

E3-13.3.7.1
As needed, the County department requesting services of
the assessment contractor should provide specific written
information concerning the project. This may include, but
not necessarily be limited to, the following:

x
Address of the site, drawings or maps of the area
of buildings, any construction records that might
identify asbestos construction materials, other
inspection reports if available, other hazards which
require
assessment
by
technically
trained
inspectors, and coordination for moving of patients,
inmates, employees, etc.

E3-13.4 Lead-Based Paint Assessment

Contractors awarded projects for asbestos assessment shall provide lead-based paint
management and consulting services, assess and characterize any LBP which may be
present, and develop primary and alternative recommendations for remedial action or an
O&M program that includes a hazard control plan. These recommendations will take the
form of a survey report or work plan which will become the basis of a contract for site
abatement or an O&M program. The assessment contractor shall provide professional
services in accordance with the provisions and requirements set forth herein. The
assessment contractor shall provide the following tasks under the contract on an as
needed, if needed basis:

E3-13.4.1
Project Management

SERIAL 200217-ITN

E3-13.4.1.1
The
assessment
contractor's
responsibilities
shall
include, but are not limited to, the following:

x
Inspections of buildings and property for LBP; lead
residues and/or lead in drinking water; assessment
and classification of paint condition; developing an
O&M plan that includes a risk assessment and
hazard control plan; air monitoring for personnel;
area or air clearance monitoring of abatement sites;
designing lead exposure mitigation/abatement
projects; preparation of design specifications; and
providing cost estimates based on the current
condition as determined during site inspections; site
managing
mitigation/abatement
projects;
preparation of post abatement reports; providing
assessment reports that can be used for future
construction;
abatement
and
management
activities; and provide site safety and health plans
for project management.
x
All employees and contractors utilized will be
currently certified in their respective categories,
including
inspectors,
risk
assessors,
contractor/supervisors, project designers etc.

E3-13.4.2
Inspections

E3-13.4.3
Analysis

The assessment contractor shall provide a plan for the laboratory analysis
of lead samples, including but not limited to the following:

x
Name of National Lead Laboratory Accreditation Program (NLLAP)-
accredited analytical laboratory.
x
Qualifications of laboratory and its personnel.
x
Methods of analysis prescribed by EPA.
x
Quality assurance procedures.
x
Chain of custody procedures.
x
Laboratory reports.
x
XRF instrumentation records and licensing information.

E3-13.4.4
Reporting

E3-13.4.4.1
All inspection reports, management reports, hazard
control plans, and O&M plans must be in a format similar
to HUD inspection and risk assessment reports and O&M
plans including, but not necessarily limited to, the
following:

x
Physical address and legal description, description
and location of the materials sampled with floor
plans, maps, or drawings, assessment of paint
conditions and quantities, description of any
statistical method used in the sampling process,

SERIAL 200217-ITN

and inclusion of all analytical results, both positive
and negative.
x
Risk assessment of exposure potential may be
required by the County department including
hazard control options.

E3-13.4.4.2
Copies of the inspection and risk assessment reports and
O&M plans shall be submitted to the County department’s
project manager or project coordinator.

E3-13.4.5
Abatement Oversight and Inspections

E3-13.4.5.1
Abatement activities will be conducted by an abatement
contractor in conjunction with a certified abatement
consultant (consultant is either County provided or hired at
the discretion of the abatement contractor). The
abatement consultant will represent the interests of
Maricopa County by providing the following, including but
not limited to:

x
Oversight, project management and coordination,
certificate verification, building inspection report and
NESHAP reviews, project conditions, scope of work,
removal methods, engineering controls, laboratory
data
review
and
interpretation,
waste
characterization, disposal options, air sampling
before, during and after abatement activities, and
visual inspections during and after completion of
abatement activities.

E3-13.4.6
Conformance with Laws

E3-13.4.6.1
The assessment contractor must comply with the
requirements of any applicable Federal, state, County, or
local rules and regulations governing lead project
removal, training, and disposal.

E3-13.4.6.2
The assessment contractor shall retain copies of the
regulations stated referenced above in E3-13.4.6.1 on
each site where work is being accomplished.

E3-13.4.6.3
Prior to implementation of lead-containing material
removal, the assessment contractor is responsible to
ensure the abatement contractor notifies the designated
regulatory authority’s coordinator, and designated County
departments. The notification must comply with 40 CFR
and the OSHA regulations. Copies of the notification must
be provided to those agencies stated below:

x
Maricopa County Risk Management
ATTN: Human Services Department
Housing & Community Development

234 North Central Avenue, 3rd Floor
Phoenix, Arizona 85004
Telephone: 602-372-1529

x
The County department’s project manager or
project coordinator.

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E3-13.4.7
County Department Responsibilities

E3-2.4.7.1
The County department requesting services of the
assessment contractor should provide specific written
information concerning the project. This may include, but
not necessarily be limited to, the following:

x
Address of the site, drawings or maps of the area
of buildings, any construction records that might
identify lead paint materials, other inspection
reports if available, other hazards which require
assessment by technically trained inspectors, and
coordination for moving of patients, inmates,
employees, etc.

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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.

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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

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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.

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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.

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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
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.