REQUEST FOR QUALIFICATIONS

RFQu-2600006398

CONSTRUCTION MONITORING AND INSPECTION SERVICES

August 14, 2026

Pima County Procurement Department Design & Construction Division

(520) 724-3542

Solicitation for Qualifications No. RFQu-2600006398 Construction Monitoring and Inspection Services

TABLE OF CONTENTS Page 2 of 32

TABLE OF CONTENTS

NOTICE OF SOLICITATION FOR QUALIFICATIONS NO. RFQU-2600006398

GENERAL INFORMATION (4 PAGES)

REQUIRED SUBMITTAL INFORMATION (1 PAGE)

SOQ EVALUATION CRITERIA (4 PAGES)

ATTACHMENT 1 - PROJECT TEAM MEMBER UTILIZATION FORM (1 PAGE)

ATTACHMENT 2 - SAMPLE CONTRACT (13 PAGES)

EXHIBIT A - SCOPE OF SERVICES (2 PAGES)

EXHIBIT B - COMPENSATION SCHEDULE (4 PAGES)

NOTICE OF SOLICITATION FOR QUALIFICATIONS No. RFQu-2600006398

Pima County is seeking Statements of Qualifications (“SOQ”s) from qualified firms to provide Construction Monitoring and Inspection Services on a variety of Pima County Regional Flood Control District (RFCD) and Pima County Department of Transportation projects within and throughout the Tucson metropolitan area, including Green Valley and Ajo, AZ.

The services required by this Request for Qualifications (RFQu) shall be performed by a firm who has a current registration issued by the Arizona Board of Technical Registration and performed under the full authority and responsible charge of a principal of the firm who holds a current registration for the type of services rendered.

The intent of this solicitation is to award a shared indefinite delivery/indefinite quantity Supplier Contract in the annual amount of $4,000,000.00 with up to 3 qualified Consultants. The initial term of the Supplier Contract (SC) will be 1 year and will include an option to renew for up to 4 additional 1-year terms. There is no minimum guarantee of work or that the renewal options will be exercised.

Individual Job Orders shall not exceed $500,000.00 including all change orders.

Certified Small Business Enterprises (SBE) firms are encouraged to participate.

ONLY RESPONSES THAT ARE SUBMITTED THROUGH THE E-PROCUREMENT PLATFORM, BIDNET DIRECT

WILL BE CONSIDERED.

For assistance, BidNet Direct’s Vendor Support Team is available Monday through Friday 5am-5pm MST. Please call 800-835-4603 and press option 2 to speak with live customer support.

Pima County reserves the right to reject any and all qualification statements or withhold the award for any reason.

SOLICIATION DOWNLOAD: https://www.bidnetdirect.com/arizona/pimacounty

SOQ DUE DATE/TIME: September 15, 2026, at or before 4:00 PM Local Tucson Time LOCATION: https://www.bidnetdirect.com/arizona/pimacounty

PRE-SUBMITTAL MEETING: August 26, 2026, 10:00 AM Local Tucson Time

Location: Microsoft Teams meeting Join on your computer https://teams.microsoft.com/meet/275490518832983?p=vcGB5wcvaiccEUXfA1 +1 602-649-0382,,482570019# United States, Phoenix

Conference ID: 482 570 019#

INQUIRES: County will not accept verbal requests for clarifications or interpretations. Respondents must submit any questions or clarifications through the BidNet Direct solicitation portal.

PUBLISH: The Daily Territorial: August 14, 17, 18 and 19, 2026 https://www.bidnetdirect.com/arizona/pimacounty https://www.bidnetdirect.com/arizona/pimacounty https://www.bidnetdirect.com/arizona/pimacounty https://teams.microsoft.com/meet/275490518832983?p=vcGB5wcvaiccEUXfA1 tel:+16026490382,,887382576

GENERAL INFORMATION Page 4 of 32

GENERAL INFORMATION (4 pages)

1. GENERAL INFORMATION: Pima County is seeking Statements of Qualifications (“SOQ”s) from qualified firms to provide Construction Monitoring and Inspection Services as-needed on a variety of Pima County Regional Flood Control District (RFCD) and Pima County Department of Transportation (DOT) projects within and throughout the Tucson metropolitan area, including Green Valley and Ajo, AZ. See Exhibit A - Scope of Services for complete information. The County intends to recommend up to 3 of the highest ranked, qualified Firms for placement on the Consultant Services contract.

The services required by this Request for Qualifications (RFQu) shall be performed by a firm who has a current registration issued by the Arizona Board of Technical Registration and performed under the full authority and responsible charge of a principal of the firm who holds a current registration for the type of services rendered. Failure to have current registrations at the time of submittal will result in the SOQ being determined as non-responsive. It’s the Prime Consultant’s responsibility to verify that all Subconsultants have proper Arizona license registrations.

2. CONFIDENTIALITY AND DISCLOSURE: Responses to this solicitation shall be considered privileged communications as to technical, financial, and institutional Content until award of the Contract. Until that time, pursuant to A.R.S. §34-604(H), only the names of the firms on the short list may be disclosed. In accordance with that section, limited material may be disclosed after award of the contract; after contract execution, all material is publicly available. Any material that you consider to be trade secret or proprietary must be clearly identified and marked. Under A.R.S. §34-604(H), the must agree with your claim of confidentiality before any material may be withheld from disclosure.

The County has initiated a new policy on confidential information that is reflected in the Public Information article of the attached sample contract. Respondents should familiarize themselves with that provision.

3. INTENT TO RESPOND: Firms that intend to submit SOQs should notify the County as soon as possible of their intent through https://www.bidnetdirect.com/arizona/pimacounty.

4. INQUIRIES / QUESTIONS: All questions must be received no later than 7 calendar days in advance of the submittal due date. All questions regarding this RFQu shall be submitted in BidNet Direct’s “Q&A” tab.

5. CLARIFICATIONS / ADDENDA: Any clarifications or interpretations of this Request for Qualifications

(RFQu) that materially affect or change the scope or intent will be issued via addenda and posted by the County on https://www.bidnetdirect.com/arizona/pimacounty. The County will make an effort to notify Respondents of the posting of addenda; however, it cannot guarantee that every potential Respondent will be notified each time. Therefore, it is the responsibility of all Respondents to check the website periodically for addenda and to obtain this information in a timely manner. Failure to include acknowledgment of all addenda may be cause for rejection of the SOQ. No oral interpretations shall be made as to the meaning of any of the RFQu documents or be effective to modify any of the provisions of the RFQu documents. Oral interpretations of the RFQu documents are not binding on the County.

6. ACCEPTANCE OF EVALUATION METHODOLGY: By submitting its SOQ in response to this RFQu, Respondent acknowledges and accepts the evaluation process, the established criteria and associated point values, and that determination of the “most qualified” firm(s) will require subjective judgments by the County.

7. SUPPLIER CONTRACT: A sample Supplier Contract is provided in Attachment 2. The Respondents that are qualified will be required to execute the Supplier Contract in counterparts and return to Pima County Procurement Department, Design and Construction Division, within 10 business days after receipt. Failure or neglect to do so may result in withdrawal of Supplier Contract Award. The Supplier Contract constitutes the terms and conditions of a contractual agreement for a particular project for

GENERAL INFORMATION Page 5 of 32

Construction Monitoring and Inspection Services issued under the Consultant Services contract. When the need for Construction Monitoring and Inspection Services is identified, authorized County representatives may negotiate with a Consultant on the Consultant Services contract for the necessary scope and total fee utilizing the Consultant’s agreed-upon maximum hourly rates established in the Supplier Contract. Upon successful negotiation of scope and fee, Consultant will receive a County issued Delivery Order, which shall constitute County’s acceptance of Consultant’s offer. The issuance of the Delivery Order shall constitute the Agreement between the Parties for the required work.

By submission of a SOQ, each Firm will be certifying to the County that the Supplier Contract is acceptable as written.

8. MICROSOFT TEAMS PRE-SUBMITTAL MEETING: The date and time of a pre-submittal meeting, if applicable, is indicated on the Notice of Request for Qualifications page of this document. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstandings of County’s position. Any questions regarding this solicitation should be presented to County at this meeting. The meeting will be held via Microsoft Teams, the link to join the meeting can be found on the Notice of Request for Qualifications page.

9. SUBMISSION OF QUALIFICATIONS: The County will receive and timestamp SOQs at the date, time and location described as follows:

September 15, 2026

4:00 P.M. Tucson Local Time

10. SUBMITTAL: Respondents shall submit their Statement of Qualifications in a single document pdf format, as further described in the Required Submittal Information and Evaluation Criteria Section of this document.

ONLY RESPONSES THAT ARE SUBMITTED THROUGH THE E-PROCUREMENT PLATFORM,

BIDNET DIRECT WILL BE CONSIDERED.

SOQs received after the due date and time as noted on the Notice of Request for Qualifications page will not be accepted. The County will not acknowledge or receive SOQs that are delivered by telephone, facsimile (fax), electronic mail (e-mail) or in person. Properly submitted SOQs become the property of Pima County and will not be returned to Respondents. Failure to follow RFQu submittal guidelines and instructions shall result in the SOQ rejection.

11. CONSULTANT SELECTION PROCESS:

A. The evaluation of the SOQs shall be based on the requirements described in this RFQu and pursuant to A.R.S. §34-604. All properly submitted responsive SOQs will be evaluated and ranked according to the stated selection criteria and relative weight of the selection criteria by the selection committee. SOQs shall not include any information regarding Respondent’s fees, pricing, person-hours or other cost information.

B. The “Consultants Selection Committee” will be comprised of Representatives of the Pima County Regional Flood Control Department and Department of Transportation. A Procurement Officer from the Pima County Procurement Department, Design & Construction Division will act as the non-scoring Chair of the selection committee. The committee will evaluate submissions and determine the highest ranked firms for recommendation of award.

C. The County does not intend to conduct interviews but reserves the right to short-list firms and conduct interviews if determined in the best interest of the County.

GENERAL INFORMATION Page 6 of 32

D. A recommendation for award based on the final ranking will then be forwarded to the Pima County Board of Supervisors for approval. The recommendation will be emailed to each participating firm.

Selection of Consultants shall be at the discretion of the County.

12. COUNTY’S RESERVATION OF RIGHTS: The County may evaluate the SOQs based on the anticipated completion of all or any portion of the Project. The County reserves the right to divide the Project into multiple parts, to reject any and all SOQs and re-solicit for new SOQs, or to reject any and all proposals and temporarily or permanently abandon the RFQu. County makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFQu for any project and no such representation is intended or should be construed by the issuance of this RFQu.

13. COST OF SUBMITTAL PREPARATION: This RFQu does not commit County to pay any costs incurred in the preparation, presentation or return of submittal including interview time.

14. WAIVER OF CLAIMS: Each Respondent in submitting an SOQ is deemed to have waived any claims for damage by reason of the selection of another submission and/or the rejection of said Respondent’s submission.

15. ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply.

(This does not preclude a Respondent from using consultants.) The County will contract only with the individual firm or formal organization that submits an SOQ.

16. JOINT VENTURES: Respondents that submit an SOQ as a Joint Venture must include a copy of any Joint Venture Agreement at the time of submittal naming Pima County as a third-party beneficiary of the Joint Venture Agreement. The Joint Venture must be validly formed as an Arizona corporation, partnership, or other separate legal entity (a “Joint Venture Entity”) with the Joint Venture Entity registered as a Vendor with Pima County at the time of contract award. The Introductory Letter in the SOQ must be executed by all of the Joint Venture participants or by one Joint Venture participant with a letter of authorization from the other Joint Venture participants. The Joint Venture Agreement is NOT included in the suggested 15-page count limitation. In the event the Joint Venture is the highest-ranked bidder and is awarded the project, but the Joint Venture has failed to validly form a Joint Venture Entity with the Joint Venture Entity registered as a Vendor with Pima County at the time of contract award, the Joint Venture participants will execute a single Contract with Pima County with each Joint Venture participant as a separate Consultant under the Contract. Each such Consultant will be jointly and severally liable for performance under the contract.

17. SUSPENSION / DEBARMENT: By submitting its SOQ in response to this RFQu, Respondent is certifying that neither it nor any of its principals are debarred or suspended or under consideration for suspension or debarment by any federal, state or local government or agency. If a Respondent is not able to so certify, the Respondent must submit a letter that identifies the agency involved and a contact and explains why Respondent is suspended or debarred or being considered for suspension or debarment.

18. PROTESTS: The Pima County protest procedures are in Chapter 11.20 of the Pima County Procurement Code, available through http://www.pima.gov/cob/code/. The five-day period to file a protest of the award will be measured from the date the Notice of Recommendation for Award is posted on the Pima County Procurement website at http://www.pima.gov/procure/awards/ without regard to whether individual notices were issued. It is the responsibility of bidders and offerors to check the website.

19. PIMA COUNTY ONE STOP SYSTEM: Pima County One Stop often has professional and administrative staff, managers, and experienced construction supervisors and workers available for immediate hire. Call (520) 724-7700 or contact One Stop at Employment Resources (Career One-Stop).

20. VENDOR REGISTRATION: Pima County has implemented BidNet Arizona Purchasing Group. The http://www.pima.gov/cob/code/ http://www.pima.gov/procure/awards/ https://www.pima.gov/1059/Job-Assistance

GENERAL INFORMATION Page 7 of 32 internet link for Vendor Registration is BidNet Direct. All Respondents must register in BidNet in order to respond to the solicitation. Please ensure that the legal entity name in BidNet matches the legal entity submitting a response. Awarded Consultant must be registered in Pima County’s financial system (Workday) in order to be awarded a contract.

21. NON-COLLUSION: Each Respondent, by submitting an SOQ, is certifying that the Respondent has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free and open competition in connection with this Solicitation.

End General Information https://www.pima.gov/208/Vendor-Registration https://www.pima.gov/208/Vendor-Registration

REQUIRED SUBMITTAL INFORMATION Page 8 of 32

REQUIRED SUBMITTAL INFORMATION (1 page)

Responses to the RFQu should be submitted in a single pdf format. Responses should be kept concise, and it is suggested that SOQs not exceed 15 pages in length, not including the front and back covers, table of contents, indexes, appendices, joint venture agreements, resumes, or Project Team Member Utilization Form (Attachment 1). Clear, concise responses that are under the suggested maximum page limit are preferred to unclear responses that use the maximum number of pages. Resumes shall each be no more than two pages and included in an Appendix at the end of the SOQ. Failure to follow the outline of required information, exceeding the total allotted page count, or submission of material other than that requested may result in rejection of the proposal.

SOQs shall be submitted according to the Instructions to Respondents, paragraph 10 – Submittal.

The evaluation criteria starts on page 8 and will be evaluated and scored by the Consultant Selection Committee utilizing the following criteria:

Section Total Points

Statement of Qualifications (SOQ)

1. Firm’s Capabilities 30 Points

2. Firm’s Key Personnel 30 Points

3. Method of Approach 30 Points

4. Specialized Skill Set 10 Points

Appendix (resumes only)

Total SOQ Points 100 Points

The following criteria will be evaluated by the County’s Business Enterprise Program Coordinator. Points from evaluation of these criteria will be added only to the SOQ scores:

5. Attachment 1, Small Business Enterprise (SBE) Utilization up to 5 Points

6. Equal Employment Opportunity Statement or Plan 1 Point

Total Possible Points 106 Points

End Required Submittal Information

EVALUATION CRITERIA Page 9 of 32

SOQ EVALUATION CRITERIA (4 pages)

Introductory Questionnaire (No Points)

Legal Firm Name:

Mailing Address:

Physical Address (if different from mailing address):

Phone: ________________________________________ Email:

Contact Person: _________________________________ Title:

Corporate Headquarters (City/State):

SAM.GOV Unique Entity Identifier (UEID):

Business Type: Sole Proprietorship [ ] Partnership [ ] Corporation [ ] Joint Venture [ ]

Is the Business a Certified Small Business Enterprise? Yes [ ] No [ ]

How many years have this business been in existence under its present ownership? ________

Under what other names have your Company operated and the length of time in business under those names?

Previous Name Length of Time in Business Under Name

What was the total amount of Construction Monitoring and Inspection Services related work your firm completed in the following calendar years?

2025: Number of Contracts __________ Total Value $______________________

2024: Number of Contracts __________ Total Value $______________________

2023: Number of Contracts __________ Total Value $______________________

2022: Number of Contracts __________ Total Value $______________________

2021: Number of Contracts __________ Total Value $______________________

By dollar value, approximately what percentage of your work is: Commercial ____% Public/Government____%

EVALUATION CRITERIA Page 10 of 32

List the Registrations held by your company issued by the Arizona State Board of Technical Registration:

Registration No. Branch No. Discipline(s)

RESPONDENT SHALL SIGNIFY RECEIPT OF ADDENDA (IF ANY). Failure to Acknowledge Receipt of any Material Addenda may result in rejection of the SOQ as non-responsive.

Addendum # By (Name) Date Addendum # By (Name) Date

SOQ Submitted by (Printed Name) Title

By signing this submittal, the undersigned certifies that all information provided is accurate and valid.

Respondent confirms it has read and agrees to the terms and conditions of the County’s Sample Contract provided in the RFQu. Failure to submit completed and signed Introductory Questionnaire may result in rejection of the SOQ as non-responsive.

Signature: Date:

Company Officer Authorized to Obligate the Company

Remainder of Page Intentionally Left Blank

EVALUATION CRITERIA Page 11 of 32

1. Firm’s Capabilities (30 points)

a. Years of experience the firm has with Construction Monitoring and Inspection. (4 points)

b. Confirm your Firm has capacity to provide as-needed services. Provide a statement as to the firm’s size and average workload. (4 points)

c. Provide a listing of relevant examples of Construction Monitoring/Inspection services provided by the firm in the last 5 years on roadway improvement and Flood Control improvement projects in Pima County or southern Arizona for other public agencies. Include the following: (15 points)

• Name of Owner/Client

• Name/Description of project, including location (City, State)

• Total approximate project construction cost (to indicate scale of project)

• Services provided by the firm (inspection, surveillance, testing, etc.)

• Whether firm was prime or subconsultant in that project

• Start date and end date of services

• Your original contract amount, and your final contract amount

• Contact information of Owner/Client for further information

Pima County reserves the right to contact the Owners/Clients named in response to the above requirement.

PLEASE NOTE: If the referenced project was completed by a staff member while that person was employed by another firm, you must note the name of the firm that employee conducted the work under.

d. Capability and commitment of the firm to accept County Supplier Contract in addition to other on-going projects and priorities – identify methods and tools used to report on backlogs and available staff capacity in relation to current and upcoming workload. (3 points)

e. Describe Firm’s action plan/personnel depth to replace personnel should identified key personnel become unavailable for any reason. (4 points)

2. Firm’s Key Personnel (30 points)

a) As an Appendix, submit brief resumes for the Resident Engineer, Inspection Supervisor/Manager and Inspectors (no more than 2-pages each person). Include current copies of their relevant Arizona Professional Registration, and/or Arizona and National materials testing and related certifications. (5 points)

i) Describe the Qualifications and Experience of the Inspection Supervisor(s)/Manager(s) proposed to perform the services under this Supplier Contract. At a minimum, the supervisor/manager must have at least five (5) years of experience in the supervision and management of inspection staff, contract administration and field issue resolution, and possess an engineering background. (8 points)

ii) Describe the Qualifications and Experience of the inspectors anticipated to be utilized under this Supplier Contract. The inspectors must have at least 2 years of experience in sampling, testing, and documenting construction and be certified by the American Concrete Institute and the Arizona Technical Testing Institute. (8 points)

2) Name the lead Project Manager/Firm Representative that will manage the County Supplier Contract and be the point of contact for coordination of services. (4 points)

EVALUATION CRITERIA Page 12 of 32

3) For each key personnel, identify any major projects they are currently working on that may compete with their time on this project. If possible, represent the percentage of their time devoted to those other projects in comparison with the percentage to be devoted to this project. (5 points)

3. Method of Approach (30 points)

a. Provide an organization chart (11” x 17” preferred) that depicts the project team organization (including

County and subconsultants to the firm) and lines of authority. Clearly indicate superior/subordinate reporting relationships. (5 points)

b. Describe the communication method used with the Team and Pima County. Describe your various preferred communication methods within your organization (email, phone, letter, etc.) and anticipated frequency of communication. (5 points)

c. Describe your process used to monitor inspectors’ performance and rectify deficiencies. (5 points)

d. Describe your process to ensure that all services contracted are delivered in the most efficient and cost-effective method. (5 points)

e. Describe your process for providing multiple crews simultaneously. (5 points)

f. Describe the vehicles and equipment available for projects, describe any unique or innovative equipment available. (5 points)

4. Specialized Skill Sets (10 points)

Pima County Regional Flood Control District projects often require a unique combination of monitoring backgrounds for successful construction of a project. Discuss how your firm, along with appropriately selected subconsultants, can cover not just horizontal civil construction needs (grading, pathways, soil cement bank protection, etc.), but also irrigation and landscape installation inspection, biological monitoring, structural inspections and reviews, vertical construction and public art installation.

5. Small Business Enterprise (SBE) Utilization (up to 5 points)

Percentage of SBE utilization - Complete and submit ATTACHMENT 1 - PROJECT TEAM MEMBER

UTILIZATION FORM.

Evaluation criteria points for certified Small Business Enterprises (SBE) shall be as set forth by County policy.

The City of Tucson’s SBE Certified Business Directory at: https://www.tucsonaz.gov/procurement/small-business-enterprise-sbe contains the current listing of certified SBE firms that may potentially be used on this project. How the prime Firm utilizes SBE firms from this database and in what areas is completely at the prime Firm’s discretion. Any questions regarding the County’s SBE Program or the Project Team Member Utilization form may be directed to the Pima County Business Enterprise Program Coordinator at (520) 724- 3807.

6. Equal Employment Opportunity Policy (1 point)

Provide a statement asserting the firm’s Equal Employment Opportunity Policy or present a copy of current Equal Employment Opportunity Plan.

End SOQ Evaluation Criteria https://www.tucsonaz.gov/procurement/small-business-enterprise-sbe https://www.tucsonaz.gov/procurement/small-business-enterprise-sbe

ATTACHMENT 1 – PROJECT TEAM MEMBER UTILIZATION FORM Page 13 of 32

ATTACHMENT 1 - PROJECT TEAM MEMBER UTILIZATION FORM (1 page) (Complete and Return with Your Qualifications Statement)

Project Name: Solicitation No. RFQu-2600006398

Firm Name:

Prime – Name & Corporate Headquarters Address

Local Address Discipline /Service

Certified

SBE

(Y/N)

Estimated % of Total

Price

Subconsultants-Name & Corporate Headquarters

Address Local Address

Discipline /Service

Date Certified

SBE*

Estimated % of Total

Price

*SBE Firms must be certified at the time of submission

End Attachment 1 – Project Team Member Utilization Form

ATTACHMENT 2 – SAMPLE CONTRACT Page 14 of 32

ATTACHMENT 2 - SAMPLE CONTRACT (13 pages)

PIMA COUNTY DEPARTMENT OF TRANSPORTATION AND REGIONAL FLOOD CONTROL DISTRICT

Project: Construction Monitoring and Inspection Services

Consultants: <Consultant Name>

<Consultant Address> <City, State Zip>

Supplier Contract Nos.: SCXXXXXXXXXX

Funding: Various Funds

CONSULTANT SERVICES SUPPLIER CONTRACT

1. Parties, Background and Purpose.

1.1. This Agreement is entered into between Pima County, a body politic and corporate of the State of

Arizona, hereafter called County, and <Consultants>, hereinafter called Consultant in the singular, Consultants in the plural, and singularly referred to as the “Party” and collectively referred to as the “Parties.”

1.2. County has a need to establish an Agreement with up to <X> qualified Consultants for Construction

Monitoring and Inspection Services.

1.3. County conducted a competitive qualifications-based procurement under Solicitation No. RFQu-

2600006398 to establish a list of qualified Consultants for Construction Monitoring and Inspection Services pursuant to A.R.S. § 34-604. Based on an evaluation of the respondents’ representations of their qualifications and necessary due diligence, County selected the <X> highest qualified Consultants for placement on the Consultant Services Contract. The Consultants have agreed to be bound by and adhere to the requirements of this Agreement.

2. Basic Terms, Renewals, Extensions and Revisions.

2.1. This Supplier Contract, as approved by the Board of Supervisors, commences on <Date> and terminates on <Date>, unless sooner terminated by agreement of the Parties. Notwithstanding prior termination or expiration of this Agreement, the terms of this Agreement shall continue to apply to any Contract issued under this Agreement until completion and final payment of said Contract.

2.2. All warranty and indemnification obligations under this Agreement shall survive expiration or termination of the Agreement, unless expressly provided otherwise. The Parties agree that any indemnification provision inconsistent with A.R.S. § 34-226, as amended by Laws, 51st Legislature (2013), 1st Regular Session, Ch. 0238, shall, in all cases, not be void, but shall be interpreted and applied as if it were consistent with A.R.S. § 34-226.

3. Intent. It is the intent of County and Consultant that this Agreement establish procedures and processes by which County will contract for Consultant’s services under the Consultant Services contract and that this Agreement constitutes the terms and conditions of such contracts. The Parties contemplate that a complete Contract for services under this Agreement will be comprised, without more, of a County issued Delivery Order, and to which incorporated by reference are the terms of this Agreement, the Scope of Work, and the Parties’ agreement on fees, and that by implementing the procedures, processes and contract structure, terms, and conditions herein, the Parties will accelerate the process for contracting for Consultant services.

In the event of any conflict or ambiguity, the Parties agree that this Agreement will be interpreted to give effect to this intent.

ATTACHMENT 2 – SAMPLE CONTRACT Page 15 of 32

3.1. Non-exclusivity. Consultant acknowledges that this Agreement and the procedures, processes and contract structure herein are not exclusive and agrees that County, at its election, may use any appropriate procedure to contract for services under the Consultant Services contract.

3.2. Delivery Order. The Parties agree that references to “Delivery Order” shall mean the Delivery Order document issued by County in ordering services under this Agreement. The Delivery Order, this Agreement, the scope of work, and the Parties’ agreement on fees for that scope of work shall be referred to collectively as the “Contract”. References in this Agreement to “the/this Contract” are to the Contract for services issued under this Agreement, as described above.

3.2.1. No individual Delivery Order may exceed $500,000.00, including any change orders.

4. Contracting for Services.

4.1. County and Consultant have agreed upon the following procedures in implementation of this Agreement and to accelerate contracting for Consultant services. These procedures will also govern the process for amending any scope of work issued pursuant to this Agreement, regardless of whether the amendment is initiated by County or Consultant:

4.1.1. County will issue to Consultant, by electronic mail a request for a cost estimate accompanied by a copy of the scope of work or the agreed revision to the scope of work, as applicable.

4.1.2. Consultant will provide a not-to-exceed cost estimate to County by email within 48 hours of the request or such other time as may be agreed upon by the Parties. Upon agreement on the estimate between Consultant and County, Consultant shall issue a final estimate to County by electronic delivery which estimate shall be understood by the Parties to be a firm offer to provide the services described in the scope of work that may be accepted by issuance of a Delivery Order for the task or tasks embodied in the scope of work.

4.1.3. County will issue a Delivery Order to Consultant for the work that incorporates by reference this Agreement, the scope of work, and the agreement on fees, which shall constitute acceptance of the firm offer described in Paragraph 4.1.2 above, resulting in a Contract that shall be binding upon the Parties.

4.2. County and Consultant also understand that on occasion Consultant may receive a request for a cost estimate at a time when Consultant’s resources are already engaged or otherwise unavailable to perform the work within the time required. In such circumstances, Consultants may, within 24 hours of the request, advise County that Consultant currently lacks the resources to perform the scope of work within the time required and request withdrawal from consideration for that task, which request shall not unreasonably be denied.

5. Scope of Services.

5.1. Consultant will provide for the County all labor, materials, and equipment necessary to provide consulting services, as more fully described in the Scope of Work attached to the Delivery Order and in this Agreement as Exhibit A – Scope of Services (2 pages) incorporated herein. Consultant will perform the work in accordance with the terms of this Agreement and issued Delivery Order, and in compliance with applicable standards of professional care. In the event any provision of this Agreement is inconsistent with those of any other document, the Agreement provisions will prevail.

5.2. All finished and unfinished as-builts, shop drawings, documents, data, studies, surveys, drawings, photographs, reports and other information in whatever form, including electronic, acquired or prepared by Consultant for this project become County’s property and will be delivered to County not later than 5 business days after the effective date of the termination.

ATTACHMENT 2 – SAMPLE CONTRACT Page 16 of 32

5.3. In accordance with Board of Supervisors Policy D 29.1(E), within 10 business days from completion of work performed by Consultant for this project, the County Project Manager will evaluate Consultant's performance by completing a Consultant Performance Report. The Consultant will have 10 business days from the date of receipt of the Report to review, sign and return the Report, with any comments, rebuttals, or additional information. The final Report and Consultant's response will be maintained in the Procurement Department to document Consultant's performance on County projects.

5.4. Changes in the Scope of Work must be authorized by modification of the Delivery Order executed by

County before work on the changed scope may be initiated.

6. Compensation and Payment.

6.1. In consideration of the services specified in this Agreement, the County agrees to pay Consultant in accordance with the rates in Exhibit B – Consultant Rate Schedule (4 pages), which includes Consultant’s labor classifications and corresponding rates, in an amount not to exceed the amount stated in the issued Delivery Order. Additional labor classifications unique to a particular task will be included in the fee agreement for that task.

6.2. Consultant agrees that the established hourly rates, disciplines, and key personnel incorporated herein in Exhibit B shall remain in effect for a period of 1 year. County will consider annual revisions to Consultant’s standard rates, disciplines, and key personnel preferably 30 days prior to the anniversary of this Agreement. A failure by County and Consultant to agree on a rate increase will be deemed a termination by the Parties of this Agreement.

6.3. Consultant must cite the Delivery Order number issued by County on all invoices.

6.4. Invoices. All invoices will be accompanied by a narrative description of the work performed during the period covered by the invoice, time accounting information, and an allocation of all direct costs, including reimbursable costs and subconsultant charges, to the tasks identified in the Scope of Work for which those costs were incurred. The time accounting information must be sufficient to show the worker and hours worked by day for the period covered by the invoice. Subconsultant charges must be supported by appropriate documentation with each separate invoice submitted.

6.5. Direct Costs. Direct Costs incurred by the Consultant in the performance of services directly relating to the tasks in the Contract will be billed at cost. Direct costs include the following:

6.5.1. Printing of project plan sheets as bluelines.

6.5.2. Reproduction costs identifiable as being applicable to the printing of reports, photostating, or by a technique of lithography, printing and binding.

6.5.3. Costs associated with the delivery of plan sheets and reports to the County.

6.5.4. Reproduction costs as incurred from the County that are needed for project development and data gathering.

6.5.5. Reimbursement for local mileage and travel will be limited to the Pima County rates current

(GSA) as of the date of travel for projects 50 miles outside 130 W. Congress, Tucson, AZ, 85701.

6.6. Each Direct Cost, exceeding $100.00 in an invoice, will be accompanied by backup documentation.

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6.7. For the period of record retention required under Section 25, County reserves the right to question any payment made under this Section and to require reimbursement therefore by setoff or otherwise for payments determined to be improper or contrary to the Agreement or law.

6.8. Consultant will not perform work in excess of the amount stated in the Delivery Order without prior authorization by an amendment executed by County. Work performed in excess of the Delivery Order Amount without prior authorization by amendment will be at Consultant’s own risk.

7. Insurance. The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. County in no way warrants that the minimum limits contained herein are sufficient to protect the Consultant from liabilities that arise out of the performance of the work under this Contract. Consultant’s insurance will be placed with companies licensed in the State of Arizona and insureds will have an “A.M. Best” rating of not less than A-VII.

7.1. Minimum Scope and Limits of Insurance. Consultant will procure and maintain, until all of their obligations have been discharged, coverage with limits of liability not less than those stated below.

7.1.1. General Liability (CGL). Occurrence Form with limits of $2,000,000 Each Occurrence and $2,000,000 General Aggregate. Policy will include bodily injury, property damage, and broad form contractual liability coverage.

7.1.2. Automobile Liability. Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract with a Combined Single Limit (CSL) of $1,000,000.

7.1.3. Workers’ Compensation and Employers' Liability. Statutory requirements and benefits.

Coverage is compulsory for employers of one or more employees. The required Employer’s Liability is $1,000,000.

Note: The Workers’ Compensation requirement will not apply to a Consultant that is exempt under A.R.S. § 23-901, and when such Consultant executes the appropriate County Sole Proprietor or Independent Consultant waiver form.

7.1.4. Professional Liability (Errors and Omissions) Insurance. This insurance is required when soliciting work from licensed professionals. The policy limits will be not less than $2,000,000 Each Claim and $2,000,000 Annual Aggregate. The policy will cover professional misconduct or negligent acts for those positions defined in the Scope of Work of this contract.

7.1.4.1. In the event that the Professional Liability insurance required by this Contract is written on a claims-made basis, Consultant warrants that any retroactive date under the policy will 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 3 years beginning at the time work under this Contract is completed.

7.2. Additional Insurance Requirements. The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

7.2.1. Additional Insured. The General Liability and Business Automobile Liability Policies will each be endorsed to include County, its departments, districts, boards, commissions, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Consultant.

7.2.2. Subrogation. The General Liability, Business Automobile Liability and Workers’ Compensation

Policies will each contain a waiver of subrogation endorsement in favor of County, its

ATTACHMENT 2 – SAMPLE CONTRACT Page 18 of 32 departments, districts, boards, commissions, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Consultant.

7.2.3. Primary Insurance. The Consultant’s policies will stipulate that the insurance afforded the

Consultant will be primary and that any insurance carried by the Department, its agents, officials, employees, or County will be excess and not contributory insurance.

7.2.4. The Required Insurance policies may not obligate the County to pay any portion of a

Consultant’s deductible or Self Insurance Retention (SIR). Insurance provided by the Consultant shall not limit the Consultant’s liability assumed under the indemnification provisions of this Contract.

7.2.5. Insurer Financial Ratings. Coverage must be placed with insurers acceptable to the County with A.M. Best rating of not less than A-VII, unless otherwise approved by the County.

7.2.6. Subconsultants. Consultant must either (a) include all subconsultant as additional insureds under its Required Insurance policies, or (b) require each subconsultant to separately meet all Insurance Requirements and verify that each subconsultant has done so, Consultant must furnish, if requested by County, appropriate insurance certificates for each subconsultant.

Consultant must obtain County’s approval of any subconsultant request to modify the Insurance Requirements as to that subconsultant.

7.3. Notice of Cancellation. Each required Insurance policy must provide, and certificates specify, that

County will receive not less than 30 days advance written notice of any policy cancellation, except 10-days prior notice is sufficient when the cancellation is for non-payments of a premium. Notice shall include the County project or contract number and project description.

7.4. Verification of Coverage. Consultant will furnish County with certificates of insurance as required by this Contract. An authorized representative of the insurer will sign the certificates.

7.4.1. All certificates and endorsements, as required by this written agreement, are to be received and approved by County before work commences. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under the Contract. Failure to maintain the insurance coverages or policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

7.4.2. All certificates required by this Contract will be sent directly to the Department. County project or contract number and project description will be noted on the certificate of insurance.

County reserves the right to require complete copies of all insurance policies required by this Contract at any time.

7.5. Approval and Modifications. The Pima County Risk Manager may modify the Insurance Requirements at any point during the Term of this Contract. This can be done administratively, with written notice from the Risk Manager and does not require a formal Contract amendment. Neither the County’s failure to obtain a required insurance certificate or endorsement, the County’s failure to object to a non-complying insurance certificate or endorsement, nor the County’s receipt of any other information from the Consultant, its insurance broker(s) and/or insurer(s), constitutes a waiver of any of the Insurance Requirements.

8. Indemnification.

8.1. To the fullest extent permitted by law, Consultant will defend, indemnify, and hold harmless Pima County and any related taxing district, and the officials and employees of each of them (collectively, “Indemnitee”) from and against any and all claims, actions, liabilities, losses, and expenses (including reasonable attorney fees) (collectively, “Claims”) arising out of actual or alleged injury of any person

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(including death) or loss or damage to tangible or intangible property to the extent caused, or alleged to be caused, in whole or in part, by any negligence, recklessness, intentional, or wrongful act or omission of Consultant or any of Consultant’s directors, officers, agents, employees, volunteers, or Subconsultant. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of Consultant to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The Indemnitee will, in all instances, except for Claims arising solely from the negligence, recklessness, intentional, or wrongful acts or omissions of the Indemnitee, be indemnified by Consultant from and against any and all Claims. Consultant is responsible for primary loss investigation, defense and judgment costs for any Claim to which this indemnity applies. This indemnity will survive the expiration or termination of this Contract.

8.2. All warranty and indemnification obligations under this contract shall survive expiration or termination of the contract, unless expressly provided otherwise. The Parties agree that any indemnification provision inconsistent with A.R.S. § 34-226 is, in all cases, not void, but will be interpreted and applied as if it were consistent with A.R.S. § 34-226.

8.3. Upon request, Consultant may fully indemnify and hold harmless any private property owner granting a right of entry to Consultant for the purpose of completing the project. The obligations under this Section do not extend to the negligence of County, its agents, employees or indemnities.

9. Compliance with Laws. Consultant will comply with all applicable federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Contract. The laws and regulations of the State of Arizona govern the rights of the Parties, the performance of this Contract, and any disputes hereunder. Any action relating to this Contract must be brought and maintained in Superior Court in Pima County. Any changes in the governing laws, rules, and regulations during the term of this Contract apply, but do not require an amendment.

10. Status of Consultant. Consultant is an independent Consultant. Neither Consultant, nor any of

Consultant’s officers, agents, or employees will be considered an employee of Pima County for any purpose or be entitled to receive any employment-related benefits, or assert any protections, under the Pima County Merit System. Consultant is responsible for paying all federal, state and local taxes on the compensation received by Consultant under this Contract and will indemnify and hold County harmless from any and all liability that County may incur because of Consultant’s failure to pay such taxes.

11. Consultant’s Performance.

11.1. Consultant will perform the work in accordance with the terms of the Contract and with the degree of care and skill required of any similarly situated Arizona registrant. Consultant will employ suitably trained and skilled professional personnel to perform all required services under this Contract. Prior to changing any key personnel, especially those key personnel County relied upon in making this Contract, Consultant will obtain the approval of County.

11.2. Consultant is responsible for the professional quality, technical accuracy, timely completion, and the coordination of all its effort and other services furnished by Consultant under this Agreement. Without additional compensation, Consultant will correct or revise any errors, omissions, or other deficiencies in all products of its efforts and other services provided. This includes resolving any deficiencies arising out of the acts or omissions of Consultant found during or after the course of the services performed by or for Consultant under this Agreement, regardless of County having knowledge of or condoning or accepting the products or the services. Correction of such deficiencies will be at no cost to County.

12. Non-Waiver. The failure of County to insist in any one or more instances upon full and complete compliance with any of the terms and provisions of this Contract or to take any action permitted as a result thereof is not a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other

ATTACHMENT 2 – SAMPLE CONTRACT Page 20 of 32 covenant or condition either in the past or in the future. The acceptance by either Party of sums less than may be due and owing it at any time is not an accord and satisfaction.

13. Subconsultant. Consultant is fully responsible for all acts and omissions of its Subconsultant and of persons directly or indirectly employed by Subconsultant and of persons for whose acts any of them may be liable to the same extent that Consultant is responsible for the acts and omissions of persons directly employed by it. Nothing in this Contract creates any obligation on the part of County to pay or see to the payment of any money due to any Subconsultant, except as may be required by law.

14. Non-Assignment. Consultant will not assign its rights or obligations under this Contract in whole or in part, without County’s prior written approval. County may withhold approval at its sole discretion.

15. Non-Discrimination. Consultant will comply with all provisions and requirements of Arizona Executive Order 2009-09 which is hereby incorporated into this Contract, including flow-down of all provisions and requirements to any Subconsultants.