SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY

NOTICE OF SOLICITATION

SOLICITATION # PW-25-055

EARLY CHILDHOOD EDUCATION CENTER (ECEC)

PLAYGROUND IMPROVEMENTS,

MINOR INTERIOR &

ALA EAGLE’S NEST (DAY CARE) RENOVATIONS

ARCHITECTURAL & ENGINEERING SERVICES (A/E)

Notice is hereby given that statements of qualifications are being accepted by the Salt River Pima-

Maricopa Indian Community in conjunction with this Solicitation.

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1.0 INTRODUCTION

1.1 INTENT

1.2 BACKGROUND

1.3 PROJECT SCOPE

1.4 PRE-SUBMITTAL MEETING

2.0 SOQ INSTRUCTIONS

2.1 TIMELINE

2.2 QUESTIONS AND CHANGES

2.3 DELIVERY OF SOQs

2.4 SUBMITTAL FORMAT

3.0 SOQ EVALUATION

3.1 EVALUATION PANEL

3.2 EVALUATION CRITERIA

4.0 GENERAL TERMS AND CONDITIONS

4.1 RFQ CONFIDENTIALITY

4.2 RIGHT TO AMEND

4.3 ACCEPTANCE OF SOQ

4.4 LIMITATION AND AWARD

4.5 RFQ AS THE BASIS FOR SOQs

4.6 COST LIABILITY

4.7 AMENDED SOQs

4.8 VENDORS RIGHT TO WITHDRAW SOQs

4.9 NON-DISCLOSURE

4.10 GOVERNING LAW

4.11 FUNDING

4.12 PROHIBITION AGAINST CONTINGENT FEES

4.13 LICENSURE AND INSURANCE

4.14 CULTURAL SENSITIVITY TRAINING

4.15 EDUCATION BACKGROUND CHECK

4.16 PURCHASE ORDER REQUIRED

4.17 PURCHASE ORDER TERMS AND CONDITIONS

5.0 APPENDIX A: SAMPLE CONTRACT

6.0 APPENDIX D: PROPOSAL RATING FORM

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1.0 INTRODUCTION

1.1 INTENT

The intent of this Request for Qualifications is to procure Architectural / Engineering

Services as required for the Salt River Pima-Maricopa Indian Community (SRPMIC or ‘the

Community’.)

1.2 BACKGROUND

The Salt River Pima - Maricopa Indian Community (SRPMIC) is located in central Arizona in

Maricopa County, east of Phoenix metropolitan area adjacent to Hwy 101. The Tribal

Headquarters is 10005 East Osborn Road, Scottsdale Arizona, 85256.

The Early Childhood Education Center (ECEC) is located at 4836 North Center Street, Scottsdale, AZ 85256.

The current ECEC campus consists a 56,071 SF building complex comprised of seven, buildings and (4) playgrounds constructed in 1998 with playground renovations in 2020 and most recently a major building expansion completed in 2024. ECEC serves 246 students ranging from 6 weeks to 5 years old. Over 100 staff work at the site. ECEC’s mission statement “ To create a balance of exemplary education and the O’Odham and Piipaash cultures to ensure a positive future for our children and our Community.” As part of this mission ECEC is continuously expanding to enhance the campus to accommodate the growing population and educational needs of the Community.

1.3 PROJECT SCOPE

SRPMIC’s ECEC facility is looking to make site improvements and minor renovation to the existing facilities as well as renovation of a satellite day care site. Work to include the following:

• Existing Playground improvement and modifications o Project Scope 1

Modification of an existing playground and play structure

(Playground 2) to better accommodate the intended age group (0-

3yr). This playground was renovated in 2020, since completion Staff have struggled with the play structures as it is too advanced for the intended age group. After several modification a redesign and replacement is likely needed. Approximately 4,900 sf. New play structure and rubber play surface.

o Project Scope 2

Prior to the extensive playground renovation in 2020, Playground 4 had a designated paved trike path, this was removed in the redesign.

The facility is now looking to replace with a similar feature.

o Project Scope 3

ECEC is looking to enhance its playground offerings by adding a splash pad at Playground 4, to be located under an existing shade canopy, PW-25-055 – ECEC PLAYGROUND, INTERIOR & ALA EAGLE’S NEST RENOVATIONS Page 5 approximately 2,500 sf. This would most likely need to be a domestic water single pass system.

• Minor building renovations o Project Scope 4 - Building B

Reconfiguration and renovation of existing Admin Offices and a shared Teacher Mentor office to create a new meeting room and office. Approximately 550 sf.

Reconfiguration of 2-3 shared offices to single occupancy. Minor renovation scope.

o Project Scope 5 - Building C

Relocation of the Family Services group to Building B central administration areas to accommodate ECEC’s Administration staff. 6-

8 office moves. Minor renovation scope.

Renovation of existing office space to accommodate a new Education

Leader office and adjacent conference room. Approximately 655 sf including renovations of an existing unisex restroom.

New door connecting the above areas.

• Satellite Day Care facility at SRPMIC’s Advance Learning Academy (ALA) former High

School located at 4827 N. Country Clun Dr, Scottsdale 85256 o Project Scope 6

Renovation of an existing classroom (former day care space “Eagle’s

Nest”) and adjacent resource room to accommodate a new satellite day care center for ALA students. Approximately 1,500 sf

Day Care to accommodate 8-9 infants and 2-3 staff.

Renovation scope includes:

• Demolition of existing spaces.

• New opening to connect the two rooms.

• New lighting, ceilings, paint and flooring.

• New casework, changing station/s with sink.

• New Staff unisex restroom.

• Refrigerator.

• New lactation room.

• Storage room.

• Security cameras, access control and data cabling.

• Secure fenced outdoor play area with rubber play surface.

Approximately 300 sf. With shade canopy and associated grading and landscaping.

• Due to the nature of the grant funding and separate buildings the project is anticipated to consist of two (2) separate permitting sets with associated bid packages.

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SCOPE OF A/E SERVICES

TASKS: The Architect/ Engineer will provide the following basic services that are required for a program of requirements, schematic design and design development documents, construction documents for multiple permit and bid scopes as well as construction administration. Various project scopes may run simultaneously or staggered to accommodate the end users’ needs and funding timeline.

1. PRE-DESIGN: The Architect will develop/ verify the program of requirements for each scope in conjunction with ECEC and PW staff (Project Team).

2. SCHEMATIC DESIGN PHASE: The Schematic Design documents will consist of drawings, outline specifications, elevations, floor plans, sections, sketches, and other documents that will illustrate the scale and relationship of the facility components.

The documents will identify area allocations, organization of interior spaces, interior materials, and selection of structural, mechanical, plumbing and electrical system concepts.

Tasks for this phase will include but are not limited to the following basic services:

a. The Architect will run the Owner/Architect/Contractor (OAC) meetings on a regular basis as needed to obtain input for the development of the Schematic

Design Documents and to review overall project status and progress. The

Architect will prepare and distribute meeting agendas and minutes.

b. Field verification and documentation as required of existing conditions and construction at each scope of work location.

c. Schematic Design Construction estimate.

c. The Architect will present the Conceptual Design to the Review Committee (PW/

ECEC Team).

3. DESIGN DEVELOPMENT PHASE: The Architect will develop, for review and approval, the Design Development documents based upon the approved Schematic Design documents. The Design Development phase will refine the scope of work developed in the previous phase. The major elements of the facility such as, fire protection, mechanical, electrical, structural, plumbing, telecommunications, and equipment will be developed to a level of detail to work out a clear, coordinated description of these elements. The major elements of the facility will be designed and coordinated through enlarged scale drawings, detailed elevations and plans as required.

a. The Architect will coordinate design activities with Owner's Departmental Staff, consultants and vendors to include Furniture, Fixtures, and Equipment (FF&E), Audio/Visual, telephone/data, special systems etc.

b. Design Development Construction estimate.

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c. The Architect will submit required documents to the Project Team for review and approval at the completion of this Phase. Approval of design development documents will be required prior to further development in subsequent phase.

e. The Architect will assist with developing project descriptions and scope of work for

Grant/s submittal and reporting information as part of the Grant/s administration.

4. CONSTRUCTION DOCUMENTS PHASE: The Architect will finalize the drawings and specifications for all components and systems of the building to produce the Contract

Documents. The Contract Documents will be a comprehensive and fully coordinated set of construction documents that the Contractor can use to determine a Lump Sum

Price, obtain necessary permits, and construct the project.

a. The Architect will finalize and coordinate the building systems design, drawings, selection of materials and finishes, specifications and construction details.

b. Construction Documents Construction estimate.

c. The Architect will submit the Construction Documents to the SRPMIC Engineering and Construction Services (ECS) Compliance Division for plan review and permitting purposes. SRPMIC will pay all permitting fees.

5. CONSTRUCTION ADMINISTRATION: The Architect will provide construction administration services consistent with approved administration issued contracts.

a. The Architect will perform weekly construction site visits and attend construction meetings to determine if the work is being performed in accordance with the contract documents. Architect will submit a report to the Community for each site visit outlining the general progress and quality of the work.

b. The Architect will review the final close out documents submitted by the Contractor for accuracy and completeness.

c. The Architect will review "as-built/record" documents submitted by the Contractor for accuracy and completeness. Architect will update drawings with any changes not previously shown on Request for Information (RFI) response, Construction

Change Directive, or Change Order (CO).

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1.4 PRE-SUBMITTAL MEETING

A pre-submittal meeting will be held on Thursday, July 24, 2025 at 10:00 am at ECEC, 4836

North Center Street, Scottsdale, AZ 85256. Attendance is mandatory.

2.0 SOQ INSTRUCTIONS

2.1 TIMELINE

RFQ Issued: 07/09/2025

Pre-Submittal Meeting: 07/24/2025 @ 10:00 am

Last date for RFQ Questions: 07/28/2025 @ 5:00 pm

Response to RFQ Questions: 08/01/2025

SOQs Due: 08/05/2025 @ 5:00 pm

Award Announcement: 08/13/2025 - Tentative

2.2 QUESTIONS AND CHANGES

All questions and communication regarding this solicitation must be submitted in writing to purchasing-bids@srpmic-nsn.gov and include “PW-25-055” in the subject line.

Unauthorized contact of SRPMIC employees and/or its agents may result in disqualification.

Responses to all questions will be published and communicated to all participants.

Changes to this solicitation will be in writing as an addendum.

2.3 DELIVERY OF SOQs

Deliver one (1) electronic copy to purchasing-bids@srpmic-nsn.gov.

Email larger than 25 MB will not be accepted.

If you do not receive confirmation that your SOQ was received, contact purchasing-bids@srpmic-nsn.gov.

The Community shall not be responsible for late SOQs.

2.4 SUBMITTAL FORMAT

Statements of Qualification (SOQs) shall be prepared as simply as possible and provide a straightforward, concise description of capabilities. Emphasis is to be concentrated on accuracy, completeness, and clarity of content. All parts, pages, figures, and tables are to be numbered and clearly labeled. The SOQ is to be organized and indexed in the following format, containing, at a minimum, all listed items in the sequence indicated:

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Instructions relative to each part of the SOQ are defined in the remainder of this section.

Title Page

The title page will include the following:

• Name of project – RFQ# PW-25-055 ECEC PLAYGROUND, INTERIOR

RENOVATIONS & ALA EAGLE’S NEST

• Name of submitter – Company Name (Primary contact)

• Date of submittal

Letter of Transmittal

The letter of transmittal will:

• Identify the primary organization responding to the RFQ

• Identify the name, title, telephone number and e-mail address of the primary and secondary contact persons for any follow-up questions, information requests

• Identify the name and address of the corporate headquarters of the parent company, if any

• Acknowledge receipt of any and all amendments to the RFQ

Table of Contents

The table of contents is to outline Sections 1 thru 8, as stated above.

Executive Summary

[Section 1.0] The executive summary shall be a brief narrative highlighting and summarizing the SOQ. The summary is to contain as little technical jargon as possible and will be oriented toward non-technical personnel. The summary will not include pricing.

Company and Relevant Background

[Section 2.0] Background information should describe Consultant’s history and its experience in the various types of services provided. Indicate the extent of professional architectural services provided on similar projects or tasks.

The Community is interested in similar projects managed by the Consultant’s proposed project manager.

SECTION TITLE

Title Page

Letter of Transmittal

Table of Contents

1.0 Executive Summary

2.0 Company Background

3.0 Consultant Experience

4.0 Project Staff

5.0 Sub Consultants

6.0 Understanding of Need

7.0 Contract Review

8.0 Appendix

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List contracts terminated (partially or completely) by clients for convenience or default within last three years. Include contract value, description of work, sponsoring organization, contract number, and name and telephone of contracting entity.

Consultant Experience

[Section 3.0] Provide specific information on the firm’s experience, particularly in services similar to those discussed in this RFQ. List and describe a minimum of three relevant projects completed by the Consultant within the past five years. Include and describe past experience and familiarity with the SRPMIC or other Native American tribes.

For all projects, list:

• Project Title, Location, and Description

• Construction Cost

• Year Performed Services and Year Constructed

• Consultant’s Fee

• Consultant’s Project Manager

• Services Provided

• Project Owner’s Name, Email Address, and Phone Number

• Type of Contract (On-Call, Fixed Scope, etc.)

Project Staff

[Section 4.0] Identify the Project Manager and key personnel on the project team that will be assigned to the contract through its duration in an organization chart. For all project team members, describe specific services they will perform and illustrate clearly the applicability of the individual’s background, education, and experience to his or her assigned role. Provide resumes for key personnel expected to expend significant effort on the contract in the appendix.

Sub Consultants

[Section 5.0] If any of the work described in the SOQ is to be provided by sub consultants, provide the following:

• A description of each subcontractor’s role.

• A description of previous joint ventures between Consultant and subcontractor.

• The corporate or company name and names of officers or principals of companies proposed as sub-contractors.

• Particular experience of key personnel, including past projects and resumes. Show the key personnel in the organization chart.

Understanding of Need

[Section 6.0] Provide your understanding of the services that the Community may require based on the Scope of Work and Scope of Services and how your company would provide personnel for specific projects or tasks. Describe the overall approach in providing assistance to the Community. Describe the work

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Contract Review

[Section 7.0] Appendix B: Sample Contract contains the Community’s Standard

Contract. Changes to our standard contract must be approved by our Office of

General Council. Any language that could be construed as a waiver of sovereign immunity must be approved by the Tribal Council.

SOQs shall include a statement that you have read the sample contract and that you:

1. Accept the terms of our contract; or

2. Are including proposed changes to our standard contract with your response.

Appendix

[Section 8.0] Provide Resumes of key personnel mentioned in the qualifications packet, Designation of Professional Services Sub consultants, Demonstration of

Application of Native American Preference for Sub Consultants, and supporting documents for Section 3.2.1.5 as needed in an appendix. Additional information considered relevant to this project, but not specifically requested in this RFQ, may also be placed in an appendix.

3.0 SOQ EVALUATION

3.1 EVALUATION PANEL

An evaluation panel will review and score each SOQ. The panel will consist of representatives from the Public Works Department, Purchasing, and other subject matter experts.

3.2 EVALUATION CRITERIA

SOQs will be evaluated based on the following criteria:

ADHERENCE TO GUIDELINES (10 points, maximum):

Points will be awarded for compliance with requested format and based on overall quality of presentation.

CONSULTANT EXPERIENCE (25 points maximum):

Consultants should demonstrate both experience and familiarity with services similar to those discussed in this RFQ, and other similar sized projects. The evaluation will focus on the Consultant’s past experience with similar tasks and services.

QUALIFICATIONS (25 points, maximum):

The Community will evaluate the technical qualifications of the Consultant and of their proposed personnel, as well as all any sub-consultants. The Community will make a judgment on their technical proficiency, approach innovative and

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Community desires a local presence for as many of the requested services as possible. Clearly distinguish between local personnel (based within Maricopa

County) versus personnel or services that are based outside of Maricopa County.

It is not essential that a given Consultant be able to supply all services; however, the Consultant must clearly indicate which services will be subcontracted.

UNDERSTANDING OF NEED (25 points, maximum):

The Community will evaluate the Consultant’s general procedures for providing services requested. The evaluation will be based on the Consultant’s understanding of the scope of services required, the specific tasks required, and the Consultant’s planned procedures for supplying these services. Explain how the services you propose to provide will be of benefit to the Community (or how they were performed and benefitted previous clients). Include any unique approach, technology, software, or procedures used to aid in executing the services provided.

NATIVE AMERICAN EXPERIENCE (15 points, maximum):

The Community will evaluate the Consultant’s inclusion of Community-member owned sub-consultant or “Other Native American-owned sub-consultant as part of the A/E Team (0-5). In addition points (0-10) will be awarded to Consultants who are able to demonstrate experience working for SRPMIC and/ or other

Native American Tribes.

4.0 GENERAL TERMS AND CONDITIONS

4.1 RFQ CONFIDENTIALITY

All material, data, information, or any item in any form (including any derived intellectual property rights), except information in the public domain, supplied by or obtained from SRPMIC, or derived from any data which the RFQ recipient may have acquired in connection with this RFQ and the selection process under this RFQ, both before and after the issuance of the RFQ:

• Is the sole property of SRPMIC and shall be treated as confidential

• Is not to be used for any purpose other than responding to this RFQ

• Shall not be disclosed without prior written authorization from SRPMIC

• Shall be returned to SRPMIC upon request

The SOQ package and any accompanying documentation submitted prior to the closing date/time shall become the property of SRPMIC and shall not be returned. Documents provided by the Vendor and specifically identified as being confidential will be held in confidence by

SRPMIC and reasonable care will be taken to ensure they are not released (unless required by law), without prior authorization of the Vendor. The confidential data is to be identified as such on every page where the same may be contained.

In the event that a Vendor is awarded a contract, SRPMIC’s confidentiality agreement is required to be signed by any Vendor employee or subcontractor providing services prior to accessing documents.

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4.2 RIGHT TO AMEND

It is SRPMIC’s policy not to solicit SOQs unless there is a bona fide intention to ultimately award one or more contracts. This notwithstanding, SRPMIC reserves the right to withdraw this RFQ at any time. In addition, at any time prior to the RFQ closing date/time identified in this RFQ, SRPMIC may alter, amend, delete, or add to, in whole or in part, any terms or provisions of this

RFQ. SRPMIC will provide any such revisions by issuing an addendum in the same manner as this

RFQ is issued.

4.3 ACCEPTANCE OF SOQ

This RFQ neither expresses nor implies any obligation on the part of SRPMIC to enter into a contract with any Vendor submitting a SOQ. SRPMIC reserves the right to award a contract in whole or in part to address individual elements of the systems solutions described in this RFQ.

4.4 LIMITATION AND AWARD

This RFQ does not commit SRPMIC to award a contract. SRPMIC reserves the right to reject all

SOQs. If SRPMIC rejects all SOQs, the project may be abandoned, re-advertised, or performed in any manner authorized under SRPMIC’s procurement policies.

4.5 RFQ AS THE BASIS FOR SOQs

This RFQ, including any addenda, will represent the most definitive statement SRPMIC will make concerning information upon which SOQs are to be based. Any information, verbal or written, which is not contained in this RFQ and any of the addenda, will not be considered by SRPMIC in evaluating the SOQs. The only exception is any material demonstrated as part of a product demonstration or site visit.

4.6 COST LIABILITY

All costs and expenses incurred by a Vendor relating to preparation or presentation of its SOQ or in any way related to this RFQ shall be borne by the Vendor.

SRPMIC will not be liable for, nor shall it reimburse any Vendor for, any costs, fees, or expenses, which are incurred in the preparation or submission of any SOQ in response to this RFQ.

4.7 AMENDED SOQs

Any Vendor may submit an amended SOQ before the deadline for receipt of SOQs. Such amended

SOQs must be complete replacements for a previously submitted SOQ and must be clearly identified as such in the transmittal letter.

4.8 VENDORS RIGHT TO WITHDRAW SOQs

Vendors will be allowed to withdraw their SOQ at any time prior to the deadline for receipt of

SOQs. The Vendor must submit a written withdrawal request addressed to the RFQ Coordinator.

4.9 NON-DISCLOSURE

The parties hereby agree that Vendors/responders to this RFQ shall (1) not disclose proprietary information contained herein to any third party, (2) restrict dissemination of proprietary information contained herein to only those employees of their entity who must be directly involved with proprietary information, (3) use the same degree of care as for its own information of like importance, but at a minimum use reasonable care in safeguarding against disclosure of proprietary information of the other party, and (4) not use proprietary information for any purpose without the prior written consent of the discloser.

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4.10 GOVERNING LAW

This RFQ and subsequent agreements shall be governed by, construed, and enforced in accordance with the Code of Ordinances and laws of SRPMIC. Nothing in this RFQ, or in subsequent agreements, shall be construed as a waiver of sovereign immunity. An example of our standard contract agreement can be found in Appendix B.

4.11 FUNDING

This project is entirely funded through Federal grants awarded by the US Department of Health and Human Services, Administration for Children and Families (ACF), Child Care and Development

Fund (CCDF). Davis-Bacon shall apply to all construction services.

4.12 PROHIBITION AGAINST CONTINGENT FEES

Vendors shall not retain a person or agency to solicit or obtain a SRPMIC contract for a contingent fee, except a bona fide employee or agency. For breach or violation of this policy, SRPMIC shall have the right to annul such contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

Definitions:

Agency. A business or organization established to provide a particular service, typically one that involves organizing transactions between two other parties.

Bona Fide Agency. An established commercial or selling agency, maintained by a contractor or supplier for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona Fide Employee. A person, employed by a contractor or supplier and subject to the contractor's or supplier’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent Fee. Any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper Influence. Any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

4.13 LICENSURE AND INSURANCE

In the event that a Vendor is awarded a contract, the Vendor shall be required to obtain a SRPMIC tribal business license in accordance with the SRPMIC Procurement Policy.

General liability and automobile insurance will also be required at the following minimum specifications:

a) Professional or commercial liability/errors and omissions coverage for liability arising out of acts, errors, or omissions in providing, or failing to provide, professional services in an amount not less than two million dollars. The aggregate limits must apply on a per-project

PW-25-055 – ECEC PLAYGROUND, INTERIOR & ALA EAGLE’S NEST RENOVATIONS Page 15 or per-location basis. The total amount may be met by means of umbrella or excess coverage or other liability coverage deemed acceptable to the Community. Liability insurance will be reviewed by the Community to ensure proper coverage.

b) Proof of insurance: Contractor shall provide the Community with an original certificate of insurance for each type of insurance coverage described herein and with originals of any required additional insured endorsement(s). Documents may be faxed directly from the insurance carrier to the Community.

c) Except for professional liability and workers compensation coverage, the Community shall be named as an additional insured on the Certificate of Insurance. The Contractor’s insurance shall be primary in the event of loss and the additional insured endorsement must include language specifically stating that the Community is to be covered for all the activities performed by or on behalf of the Contractor, including the Community’s general supervision of Contractor.

d) Each coverage described above shall be on an “occurrence” basis and not on a “claims made” basis. If “occurrence” basis coverage is unavailable, Contractor agrees to obtain and keep in force tail coverage for three (3) years beyond the end of the Agreement. Any such period may be extended by agreement of the parties.

e) Auto liability coverage as shown in the ISO Business Auto Coverage standard form, or the equivalent, with Covered Auto Designation Symbol 1, in an amount not less than one million dollars, or other auto liability coverage acceptable to the Community.

f) With regards to handling fragile, historically pertinent documents, additional insurance requirements may need to be met.

4.14 CULTURAL SENSITIVITY TRAINING

All consultant/ contractor staff working on the Community must complete Cultural Sensitivity

Training (CST) before beginning work on the Community. All staff must carry current CST, and training must be renewed every two (2) years.

4.15 EDUCATION BACKGROUND CHECK

For projects on or within the Community’s Educational Buildings and or/ Educational

Campus a background check will be required for ALL consultants/ construction personnel who have access to students and who will be on campus more than two times in a calendar year.

4.16 PURCHASE ORDER REQUIRED

A valid Purchase Order is required prior to the start of any work or service and prior to the shipment of any goods.

4.17 PURCHASE ORDER TERMS AND CONDITIONS

All Purchases Orders shall be subject to the Community’s Purchase Order Terms and

Conditions: https://www.srpmic-nsn.gov/wp-content/uploads/2017/04/PO-

TermsConditions.pdf

Salt River Pima-Maricopa Indian Community

10005 East Osborn Road • Scottsdale, Arizona 85256

Phone (480) 362-7700 • Fax (480) 362-5597

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5.0 APPENDIX A: SAMPLE CONTRACT

Contract No. #

AGREEMENT FOR SERVICES – PROFESSIONAL

BETWEEN THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY

AND

INSERT CONSULTANT NAME

INSERT CONSULTANT STREET ADDRESS

INSERT CONSULTANT CITY, STATE & ZIP

for

INSERT PROJECT NAME

Consultant Fed I.D./Soc. Sec No. Fed. I.D. #

Consultant SRPMIC Business License No. SRPMIC BL #

FOR THE PERIOD: Beginning Pick Date

Ending Pick Date

CONTRACT AMOUNT: Insert Total or Not to Exceed Contract Amount

ACCOUNT NUMBER(S) TO BE

CHARGED:

Fund Pgm Dept Account Project Activity Source Category Est’d $

ATTACHMENTS: Agreement for Services

Schedule “A” – Scope of Work

Schedule “B” – Compensation

Schedule “C” – Other Terms and Conditions

Exhibit “A” – Consultant’s Hourly Rates Schedule

Exhibit “B” – Project Schedule

Schedule A – Scope of Work Page 19

AGREEMENT FOR SERVICES - PROFESSIONAL

This agreement is made at the Salt River Pima-Maricopa Indian Community on Pick Date, between the Salt River Pima-Maricopa Indian Community, herein called “Community”, a federally recognized Indian Tribe whose principal place of business is 10005 East Osborn Road, Scottsdale, Arizona 85256, and Insert Consultant’s Name, herein called “Consultant,” whose principal place of business is Insert Consultant’s Address, for the work generally described as Insert Project

Name and Brief Description of the Work.

IT IS AGREED:

1. SERVICES TO BE PERFORMED: Consultant agrees to perform the services described in Schedules A and

C (if applicable) and incorporated and made a part of this Agreement.

2. CONSULTANT COMPLIANCE: Consultant declares that it is engaged in business and serves clients other than the Community and further declares that it has complied, and will timely comply, with all applicable federal, state, and Community laws related to the conduct of its business, including but not limited to all permit and license requirements. Consultant declares that it is properly licensed and in good standing in the State of Arizona.

3. CONSIDERATION, TERMS OF PAYMENT: The Community agrees to pay Consultant for its services rendered according to the terms and conditions set forth in Schedule B of this Agreement, incorporated and made a part of this Agreement, provided however, that Consultant is required to submit billing invoices for its services at the beginning of each month, identifying Consultant’s reimbursable costs, if any, time and description of services rendered for the month immediately preceding submission of such invoice as specifically described in Schedule B.

4. INSTRUMENTALITIES: Consultant agrees to supply all equipment, machinery, tools, and materials necessary or reasonable to perform the services described and enumerated in Schedules A and C (if applicable) of this Agreement except that the Community may provide certain supplies and other resources but only upon such further terms and conditions as may be described in this Agreement.

5. PERFORMANCE AND ACCEPTANCE: Consultant retains the sole and exclusive right to control and direct the manner or means by which the services described herein are to be performed subject only to the parameters of control or direction set forth in Schedules A and C (if applicable) of this Agreement and the standards of Consultant’s trade or profession. The Community retains the right of approval and acceptance of Consultant’s performance based upon Consultant’s completion and satisfaction of all obligations created by the terms of the Agreement.

6. STANDARD OF CARE: Consultant shall perform its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. The Consultant shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

Schedule A – Scope of Work Page 20

7. TIME FOR COMPLETION: Consultant shall complete the services required under this Agreement within the time stipulated in Schedule “A”. The commencement date shall be set within a written Notice to

Proceed issued by the Community.

8. INDEPENDENT CONTRACTOR: The parties intend that an independent Contractor relationship will be created by this Agreement. Consultant is not to be considered an agent or employee of the Community for any purpose and neither Consultant nor employees of Consultant are entitled to any of the benefits that the Community provides for its employees. The Community is interested only in the results to be achieved. The conduct, and control of the work, will lie solely with Consultant. It is understood that the Community does not agree to use Consultant exclusively. It is further understood that Consultant is free to contract for similar services to be performed for others while under contract with the

Community.

9. PAYROLL WITHHOLDING: Consultant bears the sole responsibility of abiding by all payroll-withholding laws. No payroll deductions or employment taxes of any kind shall be withheld by the Community for

Consultant, or any of its employees, and no such amounts shall be paid to any federal, state, or local government by the Community on behalf of Consultant, or any of its employees.

10. LIABILITY: The work performed by the Consultant under this Agreement will be performed solely and entirely at Consultant’s risk. Consultant specifically assumes all responsibility for the instrumentalities in its performance of this Agreement.

11. CONFIDENTIALITY: Consultant shall not disclose to private or public agencies information regarding land ownership, survey results, designs, cost estimates, or any other information obtained during the performance of this Agreement unless prior approval has been obtained in writing by the Community.

12. INDEMNIFICATION: The Consultant agrees to the fullest extent permitted by law to indemnify and hold harmless the Community from any and against any and all costs, losses and damages, (including reasonable attorney’s fees and costs of defense), caused by the negligent, or wrongful acts, errors, or omissions of Consultant in the performance of all services under this Agreement and those of his or her sub-consultants, or anyone for whom the Consultant is liable and for any willful misconduct by the Consultant, sub-consultant, or anyone for whom the Consultant is responsible. The Consultant is not obligated to indemnify the Community for the Community’s own negligence.

13. INSURANCE: Consultant agrees to carry insurance as follows:

13.1. Professional liability/errors and omissions: Coverage for liability arising out of acts, errors, or omissions in providing or failing to provide professional services in an amount not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate or as may be otherwise required and approved by the Community. The aggregate limits must apply on a per-project or per-location basis. The total amount may be met by means of umbrella or excess coverage or other liability coverage deemed acceptable to the Community.

13.2. Commercial general liability: Coverage in an amount not less than one million dollars ($1,000,000) each occurrence or as may be otherwise required and approved by the Community.

The aggregate limits shall be in an amount not less than two million dollars ($2,000,000) or as may be otherwise required and approved by the Community, which must apply on a per-project or per-location basis. The total amount may be met by means of umbrella or excess coverage or other liability coverage deemed acceptable to the Community.

Schedule A – Scope of Work Page 21

13.3. Auto liability: Coverage as shown in the ISO Business Auto Coverage standard form, or the equivalent, with Covered Auto Designation Symbol 1, in an amount not less than one million dollars ($1,000,000), or other auto liability coverage acceptable to the Community.

13.4. Worker’s Compensation/Employer’s Liability: The Community is not responsible for acquiring workers compensation or employer’s liability insurance, or otherwise covering Consultant or its employees with such insurance. Consultant agrees to comply with any state and local workers compensation or employer’s liability requirements regarding its workers. Consultant waives any right of subrogation for its workers compensation coverage.

13.5. Proof of insurance: Consultant shall provide the Community with an original certificate of insurance for each type of insurance coverage described herein and with originals of any required additional insured endorsement(s). Documents may be faxed directly from the insurance carrier to the Community. This Agreement will not be fully executed by the Community until proof of insurance has been provided.

13.6. Additional Insured: Except for professional liability and workers compensation coverage, the Community must be named as an additional insured on the Certificate of Insurance. The Consultant’s insurance shall be primary in the event of loss and the additional insured endorsement must include language specifically stating that the Community is to be covered for all the activities performed by or on behalf of the Consultant, including the Community’s general supervision of the Consultant.

13.7. Occurrence Basis: Each coverage described above shall be on an “occurrence” basis and not on a “claims made” basis. If “occurrence” basis coverage is unavailable, Consultant agrees to obtain and keep in force “tail” coverage for three (3) years beyond the end of the Agreement. Any such period may be extended by agreement of the parties.

13.8. Notice of Cancellation: All insurance shall be carried with companies which are financially responsible and admitted to do business in the State in which the project is located. If any such insurance is due to expire during the duration of the agreement, the Consultant (including subconsultants, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to the Community. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be cancelled or non-renewed by the insurance company until at least 30 days prior written notice has been given to the Community.

14. ENTIRE UNDERSTANDING: This Agreement embodies the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, inducements and conditions, express or implied, oral or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing.

15. BINDING NATURE OF AGREEMENT: This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns, except no party may assign or transfer such party’s rights or obligations under this

Agreement without the prior written consent of the other party.

16. SEVERABILITY: The provisions of this Agreement shall be deemed severable and the invalidity or enforceability of any provision shall not affect the validity or enforceability of the other provisions hereof.

Schedule A – Scope of Work Page 22

17. ARBITRATION: Any dispute or claim arising from, or relating to this Agreement, or breach thereof that cannot be resolved promptly by the parties shall be resolved by arbitration in accordance with the rules, then obtaining, of the American Arbitration Association. It is understood that neither this Agreement nor the Rules of the American Arbitration Association shall confer jurisdiction on any courts of the State of Arizona or of the United States. It is further understood that arbitration as set forth in this paragraph is the exclusive remedy for any dispute or claim related to this Agreement.

18. SOVEREIGN IMMUNITY: Nothing in this Agreement, or any current or future schedules, attachments, exhibits, amendments, or addenda, is intended to be or shall be construed as a waiver of the Community’s sovereign immunity, except as may be provided in paragraph 17 above.

19. DURATION This Agreement shall commence on Pick Date and end on Pick

Date .

20. TERMINATION OR SUSPENSION FOR CONVENIENCE: The Community may terminate or suspend this

Agreement upon not less than fourteen days’ written notice to the Consultant for the Community’s convenience and without cause. If the Community suspends the Project, the Consultant shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Consultant shall be compensated for expenses incurred in the interruption and resumption of the

Consultant’s services. The Consultant’s fees for the remaining services and the time schedules shall be equitably adjusted. If the Community suspends the project for more than 90 cumulative days for reasons other than the fault of the Consultant, the Consultant may terminate this Agreement by giving not less than seven days’ written notice. Either party may terminate this Agreement upon not less than fourteen days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due.

21. OWNERSHIP OF DOCUMENTS: Documents prepared by the Consultant and Subconsultants under this Agreement shall become property of the Community. The Community shall retain any common law, statutory, and other reserved rights, including the copyright, of the documents. All documents, including plans, drawings, specifications, calculations, sketches, data, surveys, models, renderings, and other materials prepared for this Project by the Consultant and Subconsultants shall be promptly delivered to the Community at conclusion of this Project or termination of the services of the Consultant, whichever is earlier.

22. PROMOTIONAL MATERIALS: Consultant and Subconsultants shall not include photographic or artistic representations of the Project among their promotional and professional materials without the prior written consent from the Community, which may be granted or withheld in the sole discretion of the Community. If approved, Consultant and/or Subconsultants will be given reasonable access to the completed Project to make such representations. However, Consultant and Subconsultants shall in each instance provide to the Community for review and obtain the prior written approval of the Community concerning exact text and timing of news releases, articles, brochures, advertisements, prepared speeches, and other information releases concerning this Agreement or the Project. In addition, the Consultant’s and/or Subconsultant’s materials shall not include the Community’s confidential or proprietary information if the Community has previously advised the Consultant in writing of the specific information considered by the Community to be confidential or proprietary. At discretion of the

Schedule A – Scope of Work Page 23

Community, the Community may provide professional credit for the Consultant in the Community’s promotional materials for the Project.

23. OTHER: See Schedules A through C and all referenced Exhibits and other attachments.

In witness whereof, the parties have executed this Agreement at the Salt River Pima-Maricopa

Indian Community, on the day and year first written below.

SALT RIVER PIMA-MARICOPA

INDIAN COMMUNITY

INSERT CONSULTANT’S NAME

BY BY

(Signature) (Signature)

(Printed Name) (Printed Name)

(Title) (Title)

(Date Signed by Consultant)

Dated this _______ day of _______________________, 20_____.

Schedule A – Scope of Work Page 24

BETWEEN THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY

AND

SCHEDULE “A” - SCOPE OF WORK

PROJECT CONTACTS

Consultant’s contact person is Insert Consultant’s Contact , who can be reached at Insert Consultant’s

Phone or at Insert Consultant’s Email .

Community’s Project Manager is Insert PM’s Contact , who can be reached at Insert PM’s Phone or at

Insert PM’s Email .

SCOPE

The scope of work must accurately and with sufficient specificity describe what, when, where, and how the Consultant will perform the Work (the deliverables), including references to goods and services, plans, specifications, codes, if applicable, temporal references, etc. Also, the work not to be performed should be so stated. Typically, the scope of Work is already contained in the Bid Solicitation and can be tailored and inserted here. In the event of non-performance by the Consultant, the language in this section must be relied upon to establish breach of the Agreement.

PERIOD OF SERVICE

Services covered by this Agreement shall be completed within ### calendar days of the date set within the Notice to Proceed (NTP) issued by the Community’s Project Manager.

Or

Schedule A – Scope of Work Page 25

The period of services covered by this Agreement shall be insert start date through insert end date.

ADD ANY OTHER ADDITIONAL SCOPE RELATED ITEMS

Schedule B – Compensation Page 26

BETWEEN THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY

SCHEDULE “B” - COMPENSATION

COMPENSATION

Compensation for Services under this Agreement, as set forth under Schedule “A”, Scope of

Work, shall be provided for a Choose Fee Type amount of Spell Out Contract Price ($Insert

Contract Price), including an estimated amount of Spell Out Cost for Reimbursable Expenses

($Insert Cost for Reimbursable Expenses) for Reimbursable Expenses. Total Agreement amount, including estimated Reimbursable Expenses, is Spell Out Total Contract Price ($Insert

Total Contract Price).

REIMBURSABLE EXPENSES

Reimbursable Expenses are in addition to compensation for the Consultant’s Basic Services and include expenses incurred by the Consultant and Subconsultants directly related to the Project, as follows:

Transportation and authorized out-of-town travel and subsistence, if authorized in advance by the Community;

Fees paid for securing approval of authorities having jurisdiction over the Project;

Printing, reproduction, plots, standard form documents;

Postage, handling, and delivery;

Expense of overtime work requiring higher than regular rates, if authorized in advance by the

Community;

Renderings, models, mock-ups, professional photography, and presentation materials requested by the Community;

All taxes levied on professional services and on reimbursable expenses;

Site Office Expenses; and

Schedule B – Compensation Page 27

Other similar Project-related expenditures.

This section is optional. If the Administrative fee is 0%, then remove the first sentence, if not, fill in the agreed upon percentage rate. For Reimbursable Expenses, the compensation shall be the expenses incurred by the Consultant and Subconsultants plus an administrative fee of Spell

Out Percentage percent (Insert Percentage (xx%)) of the expenses incurred. Copies of receipts and/or paid invoice statements for reimbursable expenses incurred by Consultant and

Subconsultants shall be submitted with Consultant’s monthly invoice. Expenses not properly documented will not be considered for payment.

ADDITIONAL SERVICES

Additional Services may be provided by the Consultant after execution of this Agreement, without invalidating this Agreement. Compensation for any Additional Services will be based on a lump sum or a basis of hourly rates using the Consultant’s Hourly Rates Schedule, listed in Exhibit “A” to this Agreement.

Consultant shall not proceed with Additional Services without the Community’s written approval.

Consultant waives the right to additional compensation for Additional Services performed without such written approval by the Community acknowledging that such service consititutes an Additional Service.

Any proposed adjustments in the Consultant’s Fee Schedule, which affects this Agreement, must be reviewed and approved by the Community.

APPLICATION FOR PAYMENT

Consultant shall submit a monthly Application for Payment to the Community for services performed and/or authorized…