CONSULTANT AGREEMENT WITH EPS DESIGN GROUP .PDF

CONSULTANT AGREEMENT (COMPETITION IMPRACTICABLE MCI-351)
PROFESSIONAL SERVICES
Vulture Mountain Recreation Area (Amenities)
Office of Procurement Services
Serial # 1 90 077 -CI
Contract # 19077-CI
C-30-19-011 -M-01
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Serial # I90077-CI

This Consultant Agreement ("Agreement") is dated February 13, 2019, and is between
Maricopa County Parks and Recreation Department, hereafter "County", acting by and through
its Board of Supervisors, and EPS Group, ("Consultant") for Consultant services related to
Vulture Mountain Recreation Area Amenities ("Project") described on Exhibit A.
1.0 AGREEMENT
1.1 Documents: This Agreement constitutes the entire contract between County and Consultant for
services related to the Project and supersedes all prior and contemporaneous communications,
representations and contracts, oral and written, with respect to its subject matter. This Agreement
incorporates the following documents(s):
Exhibit: Exhibit Title: Exhibit Date:
Exhibit-A EPS COST PROPOSAL SUMMARY October 3, 2018
Exhibit A is incorporated for the limited purposes of establishing Consultant's Services The
incorporation of Exhibit A is only for the purpose of identifying the services.
1.2 Conflicts: If a conflict, ambiguity or other discrepancy exists in the interpretation of this
Agreement, Consultant must comply with the more stringent obligation, duty and responsibility.
1.3 Amendments: No subsequent agreement between County and Consultant binds on either party
unless it is in writing and signed by the authorized representative of both County and Consultant.
All amendments to this Contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
2.0 COMPENSATION
2.1 Basic Compensation. For proper performance of Basic Services, subject to Article 5.0, County
will pay Consultant the lump-sum fee of $666,085_ as outlined in Exhibit A.
2.2 Additional Compensation. For proper performance of properly authorized Additional Services,
subject to Article 5.0, County will pay for Consultant on a lump sum or on an hourly basis in
accordance with the hourly billing rates stated in Exhibit A. Such services must have been
requested by County in writing before any work is performed or the services will not be
compensated.
2.3 Reimbursable Expenses. In addition to Compensation, subject to Article 5.0 County will pay the
reasonable costs and expenses incurred by Consultant in the performance of this Agreement. Such
costs and expenses must have been requested by County in writing prior to being incurred or they
will not be paid.
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A. Reimbursable expenses may be approved for:
1. Printing costs by a non-COUNTY contracted printing service vendor, if requested by the
COUNTY.
2. Approved travel expenses where travel is required as part of the project scope shall be billed by
CONSULTANT only for those travel expenses that are in compliance with the County's Vendor
Travel Policy and travel expenses shall be pre-approved by the County in writing.
B. Costs associated with normal office supplies and equipment expenses shall not be considered as
Additional Reimbursable Expenses paid by the COUNTY as these costs shall be considered as
normal overhead and operating costs which are factored into the CONSULTANTS fee. Normal
overhead and operating costs shall include but are not limited to:
1. Paper, pens, pencils, copier supplies, and computer media.
2. Drafting supplies tools & equipment.
3. Telephone and facsimile equipment, rental & toll charges.
4. Office rental, utility, and other overhead expenses.
5. Plan and specification reproduction costs for CONSULTING review purposes.
6. Postage and delivery costs.
7. Use or rental of computer equipment or related supplies.
8. Overtime work necessary to meet deadlines stipulated within the COUNTY'S Notice to Proceed.
C. Unless specifically authorized in writing in advance as part of the approve scope of work, the
COUNTY will not pay for any of the following expenses of the CONSULTANT:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the CONSULTANT or its sub-consultants to attend project related
meetings located within the State of Arizona.
3. Meal costs for employees of CONSULTANT or its sub-consultants whether or not employees
of the COUNTY are in attendance for meetings or other gatherings related to project work for
the COUNTY, except where authorized in writing in advance for out-of-state
consultants/sub-consultants traveling to Arizona or out of state travel related to the
assignment.
D. Unless specifically authorized in writing, the CONSULTANT shall use the COUNTY contracted
printing vendor for all reproduction work if such copies are required by the COUNTY.
E. The CONSULTANT shall accompany each payment request for Reimbursable Expenses with a copy
of the original vendor invoice for any and all Reimbursable Expense costs. The COUNTY reserves
the right to reject any and all requests for payment of Reimbursable Expenses costs where no invoice
or receipt is attached.
F. The CONSULTANT shall only be paid the actual amount charged to the CONSULTANT by the
original vendor for Reimbursable Expenses.
2.4 Prompt Pay. Consultant agrees to discharge all its obligations and to make payments to its
subcontractors and suppliers in accordance with A.R.S. § 32-1129.
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3.0 SERVICES
"Services" refers to all Basic and Additional Services as follows:
3.1 Basic Services. Consultant will perform all services required of it in Exhibit A and all other
services customarily provided by other consultants performing the same or similar services on
projects of the same or similar size and complexity ("Basic Services").
3.2 Additional Services. Consultant will perform other services within its expertise, but not part of
Basic Services, if and only to the extent such services have been requested in writing by County
("Additional Services"). County has no obligation to compensate Consultant for any Additional
Services performed without prior written authorization; Consultant has a duty to notify County
immediately by telephone, and confirm in writing within two (2) business days, following the
occurrence of any event, condition or circumstance that may require Consultant to perform
Additional Services. County is not obligated to authorize any Additional Services, except to the
extent such Additional Services are authorized in writing by County prior to their being
performed by Consultant.
3.3 Extent of Services. Consultant has a duty to perform all Services reasonably expected of a
properly qualified and competent consultant performing in the same or similar services on
projects of similar size and complexity.
4.0 SCHEDULE
4.1 Timely performance is a material obligation and stated time limitations are of the essence in this
Agreement. Consultant has duty to perform all Services in accordance with the time
requirements stated in Exhibit "A" and Consultant shall finish project within 340 days after
receiving authorization to start work. In all instances, Consultant will perform the Services
expeditiously, in accordance with the Schedule so as to cause no delay to the County.
5.0 PAYMENT
5.1 Withholding. County may withhold from payment to Consultant any amount which the County
determines in good faith to be reasonably necessary to protect County from loss resulting from
Consultant's failure to have complied with a material obligation of this Agreement.
5.2 Invoicing. Consultant will submit a monthly invoice by the fifth (5 d) day of each calendar
month. Each invoice will itemize in detail the full amount of Compensation and Reimbursable
Expenses incurred through the last day of the preceding month. Proper documentation must
accompany each invoice in a form reasonably acceptable to County. At a minimum, proper
documentation includes, but is not limited to, the following information current through the date
of Consultant's invoice: (1) project number; (2) project name and description; (3) name of
County's authorized representative or project manager; (4) invoice number and date of invoice;
(5) detailed description of services rendered and dates of performance; (6) service type (contract
installment, or hourly additional services); (7) contract amount (by phase); (8) percentage
complete (by phase); (9) invoice amount (by phase — current and previous); and (10) amount
invoiced to date. Consultant will submit invoices to the County electronically. Consultant
represents that the information contained in each invoice is true and correct.
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5.3 Taxes. Every payment to Consultant under this Agreement is inclusive of every kind of tax, duty,
withholding, assessments and other levies imposed by any tax authority with jurisdiction over
such payment.
5.4 Hourly Rates. The hourly rates stated in Exhibit A are applicable to the position for which the
rates are specified. Substitution or replacement of an individual in any position does not result in
any increase to the corresponding hourly rate. Consultant's hourly rates are fixed from the date
of this Agreement, extending for the duration of the Project. Thereafter, Consultant may request
in writing an adjustment to the hour rates, which will occur only following County's written
approval.
5.5 Payments to Third Parties. Consultant will promptly pay all subcontractors, vendors, suppliers
and other third parties furnishing to Consultant any services, labor or materials related to the
Project. Consultant has a material obligation to pay such third parties within the shorter of the
maximum time period permitted by applicable law or (30) calendar days. All 3r d party payments
shall be billed to the County without mark-up.
6.0 INSURANCE
6.1 Insurance Policies & Minimum Coverage Limits. During the Coverage Term described in
Section 6.2, Consultant has a duty to procure and maintain the Insurance Policies stated below
with the minimum limits of liability equal to or greater than the minimum Coverage Limits
required below. Certificates of each insurance must be provided to County. Thirty (30) days
advance notice of alteration or cancellation of coverage must be supplied to County. All
premiums for insurance coverage required by the Agreement are the sole responsibility of
Consultant and included in Consultant's Compensation. The required Insurance Policies and
Minimum Coverage Limits are:
Insurance Policies: Minimum Coverage Limits:
Workers' Compensation Statutory
Employer's Liability $1,000,000 (Per Occurrence/Aggregate)
General Liability $2,000,000 (Per Occurrence/Aggregate)
Automobile Liability $1,000,000 (Per Occurrence/Aggregate)
Excess (Umbrella) Liability $1,000,000 (Per Occurrence/Aggregate)
Professional Liability $1,000,000 (Per Occurrence/Aggregate)
6.2 Coverage Term. Each policy of Professional Liability insurance will be a claims-made policy
and will be retroactive to the earlier of the date of this Agreement or the actual date of
commencement of the Services. All Insurance Policies continue during performance of this
Agreement and for a period extending until six (6) months following the date of Completion of
the Project.
6.3 Evidence of Insurance. Prior to commencing the Services, Consultant has a duty to provide
County with a certificate of insurance evidencing compliance with the requirements of this
Agreement. Each certificate will stipulate that if the required insurance policies are to be altered
or canceled prior to completion or termination of this Agreement, the issuing company will
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provide County at least thirty (30) days' prior written notice of such event. County's receipt of
Consultant's certificate(s) of insurance is a condition preceding Consultant's right to any receive
payment of any amount under this Agreement. The failure to provide certificate(s) of insurance
with fifteen (15) days following the date of this Agreement is a material nonperformance.
6.4 Representation & Warranty of Insurance Coverage. Consultant represents that it now carries
and will continue to maintain during the Coverage Term the Insurance Policies and Minimum
Coverage Limits stated in this Article. During the Coverage Term, Consultant warrants that it
will maintain the Maintain Coverage Limits stated in this Article and that its insurance policies
are and will remain in compliance with the following: (1) County is named as an additional
insured on Consultant's General Liability and Automobile Liability policies; (2) each of
Consultant's insurance policies is primary to, non-contributing and not in excess of any other
insurance available to County.
7.0 INDEMNIFICATION
7.1 Consultant's Duty to Indemnify. To the fullest extent permitted by law, the Consultant shall
indemnify and hold harmless the County, its agents, representatives, officers, directors, officials,
and employees from and against all claims, damage losses, and expenses, including but not
limited to reasonable attorney fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of or have resulted from the negligent acts, errors, omissions
or mistakes of the Consultant, its agents, representatives, employees, or subcontractors relating
to the performance of this contract. Consultant's duty to indemnify and hold harmless the
County, its agents, representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage loss or expense that is attributable to bodily injury, sickness,
disease, death or injury to, impairment, or destruction of property, including loss of use resulting
therefrom, caused by any negligent acts, errors, omissions or mistakes of the Consultant in the
performance of this contract including any person for whose negligent acts, errors, omissions or
mistakes, the Contractor may be legally liable.
7.1.1 The amount and type of insurance requirements set forth below will in no way be
construed as limiting the scope of the indemnity in Article 7.1.
8.0 DELIVERABLES
8.1 Deliverables, Copyrights & Use. Upon execution of this Agreement, Consultant grants, conveys
and otherwise transfers to County all ownership and copyrights in all drawings, specifications and
other documents (electronic, paper, digital, photographic and other media) prepared by
Consultant under this Agreement ("Deliverables"). Consultant has an unconditional duty to
deliver all Deliverables to County on or before the date such documents are required to be
delivered under this Agreement or within seven (7) days following receipt of a written demand
for delivery by County, whichever is later. Consultant's failure to deliver the Deliverables in
accordance with this Section is a material breach of this Agreement. In no event is payment of
compensation or any other amount a condition precedent to the obligation to deliver the
Deliverables as required by this Section. Consultant may retain copies, including reproducible
copies, of the Deliverables for information, reference or other reasons required by law but such
Deliverables are confidential. Consultant will not make changes to any drawings, specifications
or other documents (including, without limitation, electronic files) furnished to Consultant by
County without prior written consent. All drawings, specifications and other documents
(electronic, paper, digital, photographic and other media) provided to Consultant by County
remain the property of County. County will hold Consultant harmless if County uses the
Deliverables for any purpose unrelated to the Project. County will hold Consultant harmless if
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County uses the Deliverables for any purpose unrelated to the Project without Consultant's
written consent or professional involvement.
9.0 DISPUTES
9.1 Continued Performance. Pending resolution of any Dispute, Consultant has a duty to continue
performing the Services in accordance with this Agreement. County will continue to pay
Consultant properly due and undisputed amounts owed under this Agreement.
9.2 Consolidation and Joinder. Consultant hereby unconditionally consents to consolidation and
joinder in any dispute resolution proceeding (including, but not limited to, arbitration) in which
County is a party and the matter in controversy results, in whole or in part, from the actual or
alleged act, error or omission of Consultant.
9.3 Exhibit B to this contract is incorporated herein as the sole method of resolving disputes
involving this Contact.
10.0 ANTI CORRUPTION/TERMINATION
The County hereby gives notice that pursuant to A.R.S. § 38-511A, this contract may be canceled
without penalty or further obligation within three (3) years after execution if any personal
significantly involved in initiation, negotiation, securing, drafting or creating the contract on
behalf of the County is, at any time while the contract or any extension of the contract is in effect,
an employee or agent of any other party to the contract in any capacity or a Contractor to any
other party of the contract with respect to the subject matter of the contract. Cancellation under
this section shall be effective when written notice from the County is received by all of the parties
to the contract. In addition, the County may recoup any fee or commission paid or due to any
person significantly involved in initiation, negotiation, securing, drafting or creating the contract
on behalf of the County from any other party to the contract arising as a result of the contract.
11.0 TERMINATION FOR CAUSE
County may terminate or suspend performance under this Agreement on the seventh (7 6')
calendar day following Consultant's receipt of County's written notice of termination for cause
and for any reason including, without limitation, the convenience of County. The term "cause"
includes, without limitation: (I) actions which may result in a significant detriment to County,
(2) the material breach of this Agreement, (3) the failure to carry, maintain or otherwise provide
evidence that Consultant has procured the insurance required by this Agreement; (4) The failure
to timely perform the Services; (5) the failure to deliver the Deliverables as required by this
Agreement; and (6) the failure to pay third parties as required by Section 5.5. On the effective
date of termination or suspension Consultant has a duty to immediately cease further performance
of the Services and promptly take such actions as are reasonably required to secure the
Deliverables. Within seven (7) days following receipt of notice of termination or suspension,
Consultant has a duty to: (a) deliver to County originals of the Deliverables (whether or not
completed) together with all confidential information and other documents which are the property
of County; and (b) submit to County a final invoice through the effective date of termination or
suspension. County's obligation to pay an appropriate Consultant's final invoice is conditioned
upon receipt of the Deliverables (current as of the effective date of termination or suspension).
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12.0 TERMINATION FOR CONVENIENCE
The County reserves the right to terminate the Contract, in whole or in part at any time, when in
the best interests of the County without penalty or recourse. Upon receipt of the written notice,
the Consultant shall immediately stop all work, as directed in the notice, notify all subcontractors
of the effective date of the termination and minimize all further costs to the County. In the event
of termination under this paragraph, all documents, data and reports prepared by the Consultant
under the Contract shall become the property of and be delivered to the County upon demand.
The Consultant shall be entitled to receive just and equitable compensation for work in progress,
work completed and materials accepted before the effective date of the termination.
13.0 SUSPENSION OF WORK
The County may order the Consultant, in writing to suspend, delay, or interrupt all or any part of
the work of this Contract for the period of time the County Procurement Officer determines
appropriate for the convenience of the County.
If the performance of all or any part of the work is, for an unreasonable period of time,
suspended, delayed, or interrupted (I) by an unreasonable act of the Procurement Officer in the
administration of this Contract, or (2) by the Procurement Officer's unreasonable failure to act
within the time specified in this contract (or within a reasonable time if not specified), an
adjustment shall be made for any increase in the cost of performance of the contract (excluding
profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract
modified in writing accordingly. However, no adjustment shall be made under this provision for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault of negligence of the
Consultant, or for which an equitable adjustment is provided for or excluded under any other term
or condition of this contract.
A claim under this provision shall not be allowed:
For any costs incurred more than 20 days before the Consultant shall have notified the
Procurement Officer in writing of the act or failure to act involved (but this requirement shall not
apply as to a claim resulting from a suspension order); and
Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later than the date of final payment
under the contract.
14.0 NEGOTIATION CLAUSE
Recovery of damages related to expenses incurred by Consultant for a delay for which the County
is responsible, which is unreasonable under the circumstances and which was not within the
contemplation of the parties to the contract, shall be negotiated between Consultant and the
County. This provision shall be construed so as to give full effect to any provision in the contract
which requires notice of delays, provides for arbitration or other procedure for settlement or
provides for liquidated damages.
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15.0 COMPLIANCE WITH LAWS
Consultant is required to comply with all Federal, State and local ordinances and regulations.
Consultant's signature on this contract certifies compliance with the provisions of the (?)I-9
requirements of the Immigration Reform Control Act of 1986 for all personnel that Contractor
and any subcontractors employ to complete this Project. It is understood that the County shall
conduct itself in accordance with the provisions of the Maricopa County Procurement Code.
The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
(1) That the Consultant and its sub-contractors, if any, warrant their compliance with all
Federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214, subsection A; After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility of the
employee through the e-verify program and shall keep a record of the verification for the
duration of the employee's employment or at least three (3) years, whichever is longer.
(2) That a breach of a warranty under subsection 1 above, shall be deed a material breach of
the contract that is subject to penalties up to and including termination of the contract(s);
(3) That the contracting government entity retains the legal right to inspect the papers of any
Consultant or subcontractor employee who works on the contract to ensure that the
Consultant or subcontractor is complying with the warranty provided under subsection 1
above and that the Consultant agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an
inspection.
(4) That nothing herein shall make any Consultant or subcontractor an agent or employee of
the contracting government entity.
16.0 SBE PROGRAM
It is Maricopa County's policy to endeavor to ensure in every way possible that small business
participation firms shall have the opportunity to provide professional services, materials, and
contractual services to the County in a nondiscriminatory manner.
17.0 SBE PARTICIPATION PAY FORM
This form is to be submitted with each pay application or invoice. Any pay application or invoice
without this form attached is subject to rejection as not being a completed pay application or
invoice pursuant to the terms of the contract.
18.0 ANTI-DISCRIMINATION PROVISION
18.1 Consultant agrees not to discriminate against any employee or applicant for employment
because of race, age, color, religion, sex, disability, or national origin, and further agrees
not to engage in any unlawful employment practices. Consultant further agrees to inseit
this provision in all subcontracts hereunder.
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18.2 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09 including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends
Executive order 75-5 and may be viewed and downloaded at the Governor of the State of
Arizona's website http://www.azgovemor.govklms/upload/E0 2009_09.pdf which is
hereby incorporated into this contract as if set forth in full herein. During the performance
of this contract, CONTRACTOR shall not discriminate against any employee, client or any
or any other individual in any way because of that person's age, race, creed, color, religion,
sex, disability or national origin.
19.0 INFLUENCE
As prescribed in MCI-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct, or any unethical
conduct, may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
(1) A person offering or providing a gratuity, gift, tip, present, donation, money
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy;
(2) That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contact.
20.0 AUDIT RIGHTS
20.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this Contract for six (6) years after final
payment or until after the resolution of any audit questions which could be more than six
(6) years, whichever is latest. The County, Federal or State auditors and any other persons
duly authorized by the Office of Procurement Services shall have full access to, and the
right to examine, copy and make use of, any and all said materials.
20.2 If the Contractor's books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
20.3 If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
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and may include either an adjustment to future claim submitted by the Contractor by the
amount of the disallowance, or to require reimbursement forthwith of the disallowed
amount by the Contractor by issuing a check payable to Maricopa County.
21.0 MISCELLANEOUS
21.1 Severability. If any provision or part of a provision of this Agreement is determined to be
superseded, invalid, illegal, or otherwise unenforceable under any Applicable Law or court
order, such determination will not impair or otherwise affect the validity, legality, or
enforceability of the remaining provision or parts of the provision of the Agreement, which
remain in full force and effect as if the unenforceable provision or part were deleted.
21.2 No Waiver. The failure of either party to insist, in any one or more instances, on the
performance of any obligation or right under the Agreement does not constitute a waiver or
relinquishment of such obligation or right with respect to future performance.
21.3 Independent Contractor. Consultant is an independent contractor, not an employee of
County. Without limiting the foregoing Consultant acknowledges and agrees that County
will not include employees of Consultant in any of its employee benefit plans and
Consultant will pay taxes on payments received.
21.4 Successors and Assigns. County and Consultant, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other party to this Agreement
and to the partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither. Party will assign, sublet or transfer any
interest in this Agreement without the written consent of the other, provided.
21.5 Consultant. No portion of the Services may be subcontracted to any other party without the
prior written consent of County. In the event such consent is given, Consultant must
include in all subcontracts terms and conditions which bind each sub-consultant to
Consultant to the same extent Sub-consultant is bound to County in this Agreement
including, but not limited to, the payment, indemnification, dispute resolution and audit
terms. Nothing contained in this Agreement creates a contractual relationship with or a
cause of action in favor of a third party against either Consultant or County.
21.6 Counterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which is deemed an original. When proving this Agreement, it is only
necessary to produce or account for the counterpart signed by the party against whom the
proof is being presented.
21.7 Notices & Authorized Representatives. Notices are sufficient if in writing and delivered by
hand, email or by regular mail to the authorized representative of the other party; notices
sent by regular mail will also be transmitted by facsimile or email at the time of mailing.
Unless otherwise designated in writing, the signatories to this Agreement are the parties'
authorized representatives for all purposes.
22.0 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
22.1.1 The undersigned (authorized official signing for the contractor/bidder) certifies to the
best of his or her knowledge and belief, that the contractor/bidder, and its principals:
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22.1.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency
22.1.1.2 Have not within 3-year period preceding this solicitation/contract been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
22.1.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in this paragraph of this certification; and
22.1.1.4 have not within a 3-year period preceding this Contract had one or more public
transaction (Federal, State or local) terminated for cause of default.
22.1.2 Should the contractor/bidder not be able to provide this certification, a comprehensive
explanation as to why should be attached to its contract.
22.1.3 The contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this contract.
23.0 UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with
all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
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IN WITNESS WHEREOF: Five (5) identical counter parts of this contract, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the parties
hereinabove named, on the date and year first above written.
6P5 By: Alitr- Ibirt
Consultant Its duly authorized eat, at'
By: "kr -Tkoirr
Printed Name Signa f re 117-4
Title: ead0,44TE ge.,0200/ Date: 21 /
1/3 '260/67
Tax Identification Number Vendor/Payment Terms
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MARICOP A COUNTY
RECOMMENDED BY: APPROVED BY:
- n/a
Parks and ee'feation Department Director Chief Procurement Officer
ii//,/ 9
Date Date
LEGAL REVIEW:
Approved as to form and within the
powers and authority granted under
the laws of the State of Arizona
Deputy County Attorney Date
BOARD OF SUPERVISOR'S APPROVAL:
By:
Chairman, Board of Supervisors
Date:
ATTEST:
By: 925-33
Clerk of the Board NIGP Commodity Code (Advantage)
Vulture Mountain Recreation Area (Amenities) 14
Serial # 190077-CI

EXHIBIT A
See EPS Group Proposal "Vulture Mnt Rec Area (Amenities) PROJECT TT491B
Vulture Mountain Recreation Area (Amenities) 15
Serial # 190077-CI

EXHIBIT B
ALTERNATIVE DISPUTE RESOLUTION
1.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution ("ADR") process provided herein shall be the exclusive means for
resolution of claims or disputes arising under or related to the Contract, the interpretation thereof
or the performance or breach by any party thereto, including but not limited to original claims or
disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or
subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such
disputes involve parties to contracts containing this ADR provision. No changes can be made to
this process without the mutual assent of the County and the claimant. The parties have
structured this procedure with the goal of providing for the prompt, efficient and final resolution
of all disputes falling within the purview of this ADR process.
1.2 Meeting of Principals. When a claim is made or a dispute (hereafter "dispute") as described in
Paragraph 1.1 arises, senior representatives of the County and the claimant will meet personally
within ten (10) business days to discuss the dispute and attempt to resolve it. If, after good faith
efforts, resolution is not achieved, the dispute will proceed to mediation.
1.3 Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either
as single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State
Bar of Arizona and have experience in construction law.
1.4 Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the
parties may enter into mediation. The parties shall jointly select a mediator. The parties may
mutually agree to waive mediation and proceed directly to arbitration. If the mediation process is
requested by either party, the mediation period shall be informal and shall not exceed sixty (60)
calendar days from the selection of the mediator. During the mediation process either party may
terminate mediation on written notice to the other party and the mediator.
1.5 Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if mediation is unsuccessful, if mediation has been waived
by the parties, or if a party requests arbitration during the mediation process. Except as provided
in Section 1.7.5 and 1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on
the parties and not subject to further judicial review.
15.1 A party requesting binding arbitration shall notify the other party of their demand for
arbitration in writing within seven (7) calendar days of (1) the failure of mediation; (2)
waiver of mediation; or (3) of the party's demand to terminate mediation.
15.2 If the Contractor requests arbitration it shall post a cash bond with the arbitrator in an
amount agreed upon by the parties or, in the event of no agreement, the arbitrator shall
establish the amount of the cash bond to defray the cost of the arbitration and the
proceeds from the bond shall be allocated in accordance with paragraph 1.7.7. The bond
must be in the full amount agreed upon or as established by the Arbitrator to pay the
potential cost of the full arbitration proceeding. The bond must be posted with and
received by the arbitrator within five (5) calendar days after the demand for arbitration.
15.3 Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the
parties shall each submit two names to a Judge designated by Maricopa County who shall
select the single arbitrator.
Vulture Mountain Recreation Area (Amenities) 16
Serial # 190077-CI

15.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators:
the County's appointed arbitrator, the Contractor appointed arbitrator and a third
arbitrator who shall be selected by the parties arbitrators and serve as the Chair of the
arbitration panel.
15.5 The arbitration is to be convened and administered under the Revised Uniform
Arbitration Act ("RUAA") (A.R.S. § 12-3001 et seq.) and the American Arbitration
Association Construction Rules shall serve as a guideline for proceedings, thus as a
supplement to the RUAA.
15.6 Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration
panel to set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel
determines that the circumstances justify it, the single arbitrator or the Chair of the arbitration
panel will arrange for scheduling of the arbitration at the earliest possible date. In any event, the
hearing of any dispute not expedited will commence as soon as practical but in no event later than
thirty (30) calendar days after notification of request for arbitration having been received. This
deadline can be extended only with the consent of all the parties to the dispute, or by decision of
the single arbitrator or the Chair of the arbitration panel upon a showing of good cause,
15.7 Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a
manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of
all parties. Each party shall supply to the single arbitrator or arbitration panel a written pre-
hearing statement which shall contain a brief statement of the nature of the claim or defense, a list
of witnesses and exhibits, a brief description of the subject matter of the testimony of each
witness who will be called to testify, and an estimate as to the length of time that will be required
for the arbitration hearing. The single arbitrator or the Chair of the arbitration panel shall
determine the nature and scope of discovery, if any, and the manner of presentation of relevant
evidence consistent with deadlines provided herein, and the parties' objective that disputes be
resolved in a prompt and efficient manner. No discovery may be had of any materials or
information for which a privilege is recognized by Arizona law. The single arbitrator or the Chair
upon proper application shall issue such orders as may be necessary and permissible under law to
protect confidential, proprietary or sensitive materials or information from public disclosure or
other misuse. Any party may make application to the Maricopa County Superior Court to have a
protective order entered as may be appropriate to confirm or enforce such orders of the Chair.
15.7.1 Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of good
cause.
15.7.2 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue an award. The arbitration panel shall, within ten (10) calendar days from
the conclusion of any hearing, by majority vote, issue its award. The award shall include
an allocation of fees and costs pursuant to 1.7.7 herein. The award is to be in accordance
with the Contract and the law of the State of Arizona.
15.7.3 Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall
be without authority to award punitive damages, and any such punitive damage award
shall be void. If an award is made against any party in excess of one hundred thousand
dollars ($100,000), exclusive of interest, arbitration fees, costs and attorneys' fees, it shall
be supported by written findings of fact, conclusions of law and a statement as to how
damages were calculated.
Vulture Mountain Recreation Area (Amenities) 17
Serial # 190077-C1

15.7.4 Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the
amount asserted in any party's claim, but shall conduct a preliminary hearing into the
question of jurisdiction over the claim as regards its amount upon application of any party
at the earliest convenient time, but not later than the commencement of the arbitration
hearing. If the dispute is determined to involve less than $200,000, the arbitration shall
continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
15.7.5 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment
on it.
15.7.6 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Mediator or the single arbitrator or arbitration panel, may: (i) at the request of any party,
join and/or sever parties, and/or claims arising under other contracts containing this ADR
provision, and (ii) the Mediator, on his own authority, or the single arbitrator or
arbitration panel may, on its own authority, join or sever parties and/or claims subject to
this ADR process as deemed necessary for a just resolution of the dispute, consistent with
the parties' goal of the prompt and efficient resolution of disputes, provided; however,
that the A/E, OWNER and Project Professionals shall not be joined as a party to any
claim made by a Contractor. Nothing herein shall create the right by any party to assert
claims against another party not arising under or related to the Contract or not recognized
under the substantive law as applicable to the dispute. Neither the Mediator nor the
single arbitrator or arbitration panel is authorized to join to the proceeding parties not in
privity with the County. The Contractor cannot be joined to any pending arbitration
proceeding, without Contractor express written consent and unless Contractor is given the
opportunity to participate in the selection of the single arbitrator or non-County appointed
arbitrator.
15.7.7 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the mediation. All fees and costs associated with any arbitration
before the single panel or arbitration panel, including without limitation the arbitrator
fees, and the prevailing party's reasonable attorneys' fees, expert witness fees and costs,
will be paid by the non-prevailing party, except as provided for herein. In the event that
Contractor is the non-prevailing party, all fees and costs as noted above shall first be paid
out of the bond posted with the arbitrator. In no event shall the Contractor obligation to
pay fees and costs be limited to the amount of the bond posted herein. In no event shall
any arbitrator's hourly fees be awarded in an amount in excess of $250 per hour and (i)
costs shall not include any travel expenses in excess of mileage at the rate paid by
Maricopa County, not to exceed a one way trip of 150 miles, and (ii) all travel expenses,
including meals, shall be reimbursed pursuant to the travel policy of Maricopa County in
effect at the time of the hearing. The determination of prevailing and non-prevailing
parties, and the appropriate allocation of fees and costs, will be included in the award by
the single arbitrator or arbitration panel.
15.7.8 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures
to a party's attorneys or accountants, no party shall make any disclosure related to the
disputed matter or to the outcome of any proceeding except to the extent required by law,
or to seek interim equitable relief, or to enforce an agreement reached by the parties or an
Vulture Mountain Recreation Area (Amenities) 18
Serial # 190077-CI

award made hereunder. This provision does not affect the County's right to inform the
County Supervisors of the dispute.
15.7.9 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any
party can petition the Maricopa County Superior Court for interim equitable relief as may
become necessary to preserve the status quo and prevent immediate and irreparable harm
to a party or to the Project pending resolution of a dispute pursuant to ADR provided
herein. No court may order any permanent injunctive relief except as may be necessary
to enforce an order entered by the arbitration panel. The fees and costs incurred in
connection with any such equitable proceeding shall be determined and assessed in ADR.
15.7.10 Change Order. Any award in favor of the Contractor against the County or in favor of
the County against the Contractor shall be reduced to a Change Order and executed by
the parties in accordance with the award and the provisions of the Contract or a
settlement agreement as appropriate.
15.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or other
relief, including the extension of the Contract performance period which reasonably
should or could have been brought against any party that was or could have been brought
into this ADR process, with respect to the subject claim. The arbitration panel shall
apply legal principles commonly known as merger and bar to deny any claim or claims
against any party regarding which claim or claims recovery has been sought or should
have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error,
or omission.
15.8 Inclusion in Other Contracts. The Contractor shall cooperate with the County in efforts to include
this ADR provision in all other Project contracts.
Vulture Mountain Recreation Area (Amenities) 19
Serial # 190077-C1

Scope of Services Vulture
Mountain Rec Area Amenities
Final Design
Vulture Mountain Rec Area Amenities: Vulture
Mountain Park
Consultant: EPS Group
Project No: TT0491B
Contract No.: 2015-033
Maricopa County
Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
September 2018

Scope of Services
Vulture Mountain Rec Area Amenities
Table of Contents
SCOPE OF SERVICES — VULTURE MTN REC AREA ACCESS ROADS 3
Project Overview 3
Project Location 3
Project Background 3
Project Purpose 4
Length of Services 4
Scope of Services 4
100.3.3 Matrix of Responsibilities 9
100.3.4 Matrix of Deliverables 10
100.3.5 Communication Plan 11
400.1 Stakeholder Meetings 11
1200.1 Project Submittals 12
List of Tables
Table 1 —Matrix of Responsibilities 9
Table 2 —Matrix of Deliverables (MCDOT & Consultant) 10
Table 3 —Project Contact Table 11
Table 5 —Project Submittals Table 12
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Scope of Services
Vulture Mountain Rec Area Amenities
SCOPE OF SERVICES - VULTURE MTN REC AREA ACCESS ROADS
Project Overview
Project Location
Proposed improvements are within the Vulture Mountain Cooperative Recreation Area Master Plan
(RAMP) near Vulture Mine Road in portions of Sections 1 and 12 of Township 6 North/Range 6 West
and portions of sections 6, 7, and 31 of Township 6 North/Range 5 West.
Project Background
Maricopa County Parks and Recreation Department (MCPRD) is planning improvements to an existing
day use area, Off-Highway Vehicle (OHV) area, and future campground in the Vulture Mountain RAMP.
The RAMP is guided by the Vulture Mountain Master Plan and is the primary document for the design,
development, and operation of the Vulture Mountain RAMP. The plan was heavily vetted with the
community and approved by the Maricopa County Board of Supervisors in 2012. Improvements at the
site must be consistent with the master plan. These improvements are being considered in
conjunction with improvements to Vulture Mine Road that are currently under design by the Maricopa
County Department of Transportation (MCDOT).
In 2013, MCDOT completed a draft roadway evaluation to identify alternative roadway alignments to
access amenities proposed by the Vulture Mountain RAMP. This evaluation did not however, make
recommendations on how the day use area, campground or OHV trailhead areas should be laid out to
best accommodate future park patrons.
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Scope of Services
Vulture Mountain Rec Area Amenities
EPS (Consultant) has been assigned a task to help prepare final improvement plans for a proposed
campground, OHV trailhead areas, and renovations to the existing day use area. This scope and fee
focuses on the park amenities and well design.
Project Purpose
Complete 95%, 100% and Sealed Plans Specifications and Estimate for the Vulture Mountain
Recreation Area (VMRA) amenities and utilities.
Length of Services
340 calendar days.
Scope of Services
Consultant will work cooperatively with County staff to design, review, and finalize sealed permit ready
construction documents for civil, site utilities, building, and architectural requirements consistent with
the VRMA Master Plan.
Consultant will design all facilities to meet Americans with Disabilities Act requirements.
Consultant will design all facilities with a western style theme, elevations, and public spaces to meet
master plan requirements and in compliance with the environmental analysis with the visual resource
analysis.
Task 1: Site Visits
This proposed scope of work includes up to 3 site visits to the VMRA in support of the final design
efforts of the park amenities and utilities. [Each of the site visits are assumed to include 4 hours of
travel and up to 3 hours on site.] The purposes for site visits may include, refinement of campground
layouts, well siting investigation, tent camping design concept refinement, and other site meetings at
the request of the MCPRD staff. An allowance will be provided for a project engineer to also be in
attendance for one the site visits.
Landscape architects will complete an initial site visit to obtain further site information to assist in the
design direction for the project, to inventory and document existing landscape elements and to better
understand where the park components are being proposed to assist in the shade and solar angle
study being completed in the next phase of work.
Task 2 Utility Design — Electric
Product: Electrical Improvement Plans for 95% and 100% Submittals.
EPS Group's subconsultant, Wright Engineering, shall prepare an electrical design for the VMRA in
accordance with the following scope assumptions:
1. Coordinate design with County, Power Company, civil engineer, and/or architect/landscape
architect as required.
2. Design the electrical power system to meet local codes and requirements.
3. Prepare 24" X 36" electrical construction drawings including an overall site plan showing all
new equipment to include the following:
a. Campground area:
i. Electrical Service Entrance Section (Will be dependent on power delivery
costs)
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Scope of Services
Vulture Mountain Rec Area Amenities
ii. Seven (7) prefab restroom buildings (power and lighting with solar/battery
power convertible to power company feed in the future)
iii. RV hookups at 80 camp sites. Host sites (5) will include a canopy lighting
iv. Well site power and communications systems
b. Day-use area:
i. Electrical Service Entrance Section (Will be dependent on power delivery
costs)
ii. Roadway entry kiosk lighting and power (solar if required)
iii. Power feed to Nature Center, giftshop, classrooms building
iv. Power feed to pre-fab maintenance building
v. Low level parking lighting
vi. Lighting for 2 ramadas (solar if required)
vii. 2 prefab restroom buildings power and lighting with solar/battery power
convertible to power company feed in the future
c. OHV Area:
i. Electrical Service Entrance Section (Will be dependent on power delivery
costs)
ii. Roadway entry kiosk lighting and power (solar if required)
iii. Power for 2 host camp sites. Host sites will include canopy lighting
iv. Two (2) prefab restroom buildings (power and lighting with solar/battery
power convertible to power company feed in the future)
v. Lighting for 2-4 pavilions (solar if required)
vi. Well site power and communications systems
4. Attend 1 kickoff meeting and up to 2 progress meetings. One additional meeting is included if
required.
5. Prepare photometric calculations showing all lighting averages, uniformities and any spill light
at adjacent property lines.
6. All lighting control will be designed per the client's requirements. All necessary equipment will
be shown on the plans.
7. Prepare necessary elevation view and installation details of the equipment listed above to help
determine layout and size.
8. Prepare load calculations and single line diagram.
9. Prepare all solar and battery sizing for the items listed above if required.
10. Prepare panel schedule and other electrical installation details as required.
11. For each well site, prepare SCADA telemetry control and communications system for receiving
site equipment information, control of motor operation, and acknowledgement of alarm
conditions.
12. Prepare a conduit and wire table showing all power conduits and wire for equipment listed
above.
13. Prepare system fault current and voltage drop calculations as required.
14. Prepare an engineer's estimate of probable electrical construction costs upon request,
15. Perform in-house QAQC review and modifications.
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Scope of Services
Vulture Mountain Rec Area Amenities
16. Up to two base drawing changes or updates will be included in this engineering cost proposal
incorporating any additional base drawing changes that will incur additional cost at the rates
noted under additional services.
17. Review comments, whether internal or County, will be responded to and addressed.
Task 3 Water System Design
Product: Well site plans and preliminary design report, 95% and 100% improvement plans for
the water distribution system (added to the roadway sheets) well sites and tank and booster sites.
3-1 Site plan & Design Report —EPS shall prepare a Preliminary Design Report to address general tank
site layouts and general well site layouts for the campground area. The Site Plans will include fence
location, tank locations, well locations, and booster pump locations (if needed), but will not include
details. The Site Plans shall be a single sheet plan. The Preliminary Design Report will address water
storage requirements, booster pump capacity, well pumping capacity, and on-site piping. It is
assumed that a booster station will not be required for the campground tank provided that it may be
located —40ft uphill from the campground. Well and booster pump final design is included in a
separate scope of work.
3-2 Well Equipping Plans — EPS Group's Subconsultant Southwest Groundwater will prepare
preliminary technical specifications for the wells based upon their understanding of the local
hydrogeology and base well designs for registered wells in the region. The well drilling, installation,
development, and testing specifications prepared for this report may be provided to licensed well
drilling contractors to obtain formal bids in the future.
EPS shall produce two (2) well equipping plans, based on the hydrogeologic information provided by
Southwest Groundwater. The plans will include well location, site map, site grading, site drainage, and
well details. The well pumps will be sized according to desired well capacities and information
provided by MCPRD. The well equipping plan sets will include all onsite piping, chlorination system
layout, and appurtenances to connect to a proposed tank. Up 500 linear feet of pipe line will be
provided to connect to the proposed tanks. Additional lines that may be required shall be provided
under scope item 3-4. The Well Site Plans will be based on information gathered under this
Agreement, information provided by the Client, and ADEQ Bulletin 10. This Task includes two (2) well
sites. This task does not include the drilling of any wells.
Specifications for construction will be included as required. It is anticipated that MCPRD will provide
the contract documents as required for bidding. Improvements for the water storage tank will be
provided in a separate task.
This Task also includes up to two (2) review submittals to the Client and Arizona Department of
Environmental Quality (ADEQ) in the effort to obtain approvals. Any review submittals beyond three
(3) will be considered "Additional Services", and will be billed on an hourly basis per the current rate
schedule attached. An Approval to Construct Application will be completed and submitted with the
Plans to ADEQ.
Construction phase services, treatment, as-built survey and Approval of Construction are not included
in this Task. Well pump sizing will be based on an assumed water depth and may have to be modified
based upon future pilot well results. This task does not include any well drilling or hydrogeology work.
3-3 Tank and Booster Station Civil Plans — EPS shall complete engineering design and prepare
Improvement Plans for proposed above ground storage reservoirs to serve the project. MCPRD has
requested that both the campground and OHV tanks have a capacity of 100,000 gallons. The final
sizing will be determined as part of the "Prepare Tank Site Plan and Preliminary Tank Design Report",
Project No.: TT0491$ Contract No.: 2015-033
September 2018 Page 6 of 12

Scope of Services
Vulture Mountain Rec Area Amenities
and a pump station will be designed to serve the Project. Only the OHV Area tank will include the
Booster pump station. The Campground/Day Use Area will not include a pump station. Design of the
reservoirs and booster pump station shall include: onsite piping; pump selection and layout;
chlorination system layout; one (1) surge tank and associated piping; two (2) reservoirs; valves; site
grading; fence and gate; and onsite storm water retention. Plans shall be prepared in accordance with
the standards and requirements of ADEQ. The design will be prepared in accordance with an approved
design report. Any changes from the report will be considered additional work. This task does not
include treatment. If treatment is required it shall be considered "Additional Services".
This Task also includes up to three (3) review submittals to the reviewing agency in the effort to obtain
approvals. Any review submittals beyond three (3) will be considered "Additional Services", and will be
billed on an hourly basis per the current rate schedule attached.
Construction management services, as-built survey and Approval of Construction are not included in
this Task, but can be provided as "Additional Services". The Consultant shall provide specifications for
bidding of the improvements to be constructed within the Tank Site Project, Neither off-site drainage
nor site access is included as a part of this Task.
3-4 Water Distribution System —EPS will design a water distribution system for approximately 20,000 LF
of park roadways. The distribution system will include services to 82 RV campsites, 11 restrooms, 2
dump stations, 2 entry kiosks, the nature center and maintenance yard. It is anticipated that most of
the water distribution system will use 8" diameter pipes or smaller and will therefore not require
profiles on 40-scale plan sheets. The water distribution plans will be submitted to ADEQ for review.
The well design report prepared with Task 3-1 will be used in support of this submittal. An Approval to
Construct Application will be completed and submitted with the Plans to ADEQ.
Task 4 Wastewater System Design
Product: Sewer Design Report, 95% and 100% improvement plans for gravity sewer system
between restrooms and septic tanks/disposal beds.
4 -1 Gravity Sewer System — EPS will prepare a sewer design report for the gravity sewer system
internal to the park. 40-scale plan and profile sheets and detail sheets will be prepared for
approximately 9,000 LF of sanitary sewer.
4-2 Onsite Septic Tanks and Disposal Beds — EPS shall produce septic system plans, based on
percolation tests performed by EPS Group's subconsultant, Ninyo and Moore. The plans will include
septic tank sizing and location per ADEQ requirements. Disposal trench and sizing will also be included
per ADEQ requirements. A replacement area will also be identified per ADEQ requirements. It is
anticipated that separate septic systems will be designed for the Campground Area, Day Use Area, and
the OHV Trailhead area. This fee assumes seven (7) wastewater disposal systems will be included.
Septic system permitting through ADEQ will also be conducted as part of this design.
This Task also includes up to three (3) submittals to the County in the effort to obtain approvals from
the County. Any review submittals beyond three (3) will be considered "Additional Services", and will
be billed on an hourly basis per the current rate schedule attached.
Construction phasing services and Approval of Construction are not included in this Task, but can be
provided as "Additional Services".
The scope and fee are based on the assumption that soils are conducive to operation of septic
systems. If this assumption is inaccurate and the systems are not able to be completed as described,
"Additional Services" will be incurred.
Project No.: Tro491B Contract No,: 2015-033
September 2018 Page 7 of 12

Scope of Services
Vulture Mountain Rec Area Amenities
Task 5 Landscaping improvements
Products: Shade and solar angle study, comprehensive sign package, 95%, 100% final sealed
landscape improvement plans.
Preparation of structural calculations and drawings (Construction Documents) for the following items:
Concrete footings for Entry Monument Sign; Concrete footings for Perimeter Fencing will be prepared
by EPS subconsultant PH Structural.
Preparation of landscape construction documents and supplemental information and studies will
include the following:
5-1 Shade and Solar Angle Study — Prepare a shade and solar angle study and site all facilities for
maximum benefit. This shade and solar angle study will be used to site elements to minimize the
summer sun, while maximizing the winter sun exposure.
5-2 Comprehensive Signage Package — Prepare an overall Comprehensive Signage Package for the
park. The following will be accomplished: Entry Sign Package, including monument signage and entry
station signage; Wayfinding and directional signage. Provide design for park directional signs for park
amenities including day use, campground, OHV areas, Trailheads (Mountain Bike, Hiker, and
Equestrian); and Interpretive signage. Provide design for educational signs and project significance.
5-3 Park and Building Security/Perimeter Fencing — Prepare specific design, plans and details for park
perimeter pipe rail fencing, exhibit fencing, security fencing for all park perimeter and park elements
and amenities including Nature Center and exhibits, trailheads, parking areas, maintenance yard, and
campgrounds, including horizontal layout, vertical elevations, materials, colors, finishes and grade
relationships. The design solutions will be coordinated with a structural engineer for final approval and
consent into the overall landscape construction documents/site improvement plans.
5-4 Playground / Play Equipment — Design and Preparation of plans and material details for an
approximately 10,000 sf nature themed playground with engineered shade sails, including
composition, final layout, selection of specific play equipment, fall surfacing materials, surrounding
hardscape elements, pattern, materials, colors, finishes and grade relationships.
5-5 Site Furnishings — Finalize selection of any site furnishings including exterior benches, trash
receptacles, picnic tables, pre-fabricated ramada structures, hitching posts and bicycle racks. In
addition, availability, sources, and procurement procedures will be confirmed and details will be
provided as necessary.
5-6 Revegetation and Landscaping — Preparation of specific revegetation plans and details for the
revegetation of trees, shrubs, groundcovers, and specific hydro-seeding including the final planting
composition, plant species, locations, sizes, quantities and spacing. Revegetation and Landscaping
Plans will be generated to revegetate existing and construction disturbances. This fee assumes that
native desert plants will be used and that no permanent irrigation design will be required.
5-7 Landscape Construction Specifications — Prepare a final set of construction specifications for
sections associated with the overall scope of work using CSI Specifications Guidelines (Master Format
2004 Edition Numbers and Titles).
5-8 — Construction Magnitude of Probable Costs — Using the Landscape Construction Documents
generated above, EPS Group, Inc. will create a landscape construction cost estimate of raw probable
costs for associated landscape work.
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Scope of Services
Vulture Mountain Rec Area Amenities
Task 6 Architectural Design
EPS Group's subconsultant, MRT, shall provide architectural design for two (2) contact stations (±150
SF), a Nature Center and Amphitheater (±4,200 SF), Maintenance Facility (±7k SF) ten (10) new
restrooms (±1,000 SF) and one restroom upgrade. MCPRD has requested modular/prefabricated
restroom design concepts.
MRT will prepare Schematic documents and 3D renderings, present/review with MCPRD; prepare
Construction Documents for the Nature Center, the Maintenance yard structures (3 buildings), the
restroom structures, and the contact stations; and review the design with the MCPRD at 95% and
100% design submittal phases.
Task 7 Cost Estimates
EPS shall prepare a cost estimates for their proposed improvements within the project area. Using the
spreadsheet format and unit costs supplied by MCDOT, EPS shall enter the major quantities
anticipated for the classifications. EPS shall show all appropriate costs. Special item costs not
contained in the generic spreadsheet shall be added as necessary. Unit prices may be adjusted from
the MCDOT generic unit price when appropriate (i.e., small quantities, remote locations, etc.) The
report shall specify when unit costs have been adjusted after consultation with the designated MCDOT
staff representative.
Task 8 Bid Assistance
EPS will answer technical questions that may arise during the bidding period. EPS will help prepare the
bid documents for this project. This fee proposal does not include post design/construction phase or
construction administration services.
Task 9 Post Design Serves
EPS will provide responses to requests for information during construction, and review shop drawings.
This fee proposal does not include construction administration services.
100.3.3 Matrix of Responsibilities
A Matrix of responsibilities was developed based upon MCDOT's Work Breakdown Structure per the
Project Development Manual and the proposed scope of services for this project.
Other items MCDOT will provide to the Consultant:
• Topographic mapping of project area including Digital Terrain Models (DTMs) of existing
terrain and proposed roadway surfaces.
• Aerial mapping of the project area.
• The extents of known mining claims.
• The Drainage Report in support of design is the responsibility of MCDOT.
• Environmental Documentation/Clearance will be the responsibility of MCPRD and MCDOT.
Table 1 —Matrix of Responsibilities
Scope Item Consultant MCDOT Other
Section (Identify)
100.1 Project Work Plan X
100.2 Kick-Off Meeting X
100.6 Project Progress Meetings X X
100.10 Project Administration X X
Project No.: 170491B Contract No.: 2015-033
September 2018 Page 9 of 12

Scope of Services
Vulture Mountain Rec Area Amenities
200.3 Identify Additional Information Needs X
200.4 Site Visit and Project Research X
Topographic Survey with Control and Alignment X
300 1. .
Determination
300.3 Supplemental Field Survey X
400.1 Stakeholder Meetings X X
400.4 Public Involvement X
400.5 Intergovernmental Agreements (IGA) X
500.3 Utility Coordination X
Technical Memo (Drainage, Geotech, Environmental, X
800 . 1
Traffic)
900.9 Specifications (Wells, tanks, buildings, landscape) X
900.10 Estimates ((Wells, tanks, buildings, landscape) X
1000.5 Right-of-Way Strip Maps X
1000.6 Right-of-Way Estimate X
1000.7 Right-of-Way Title Reports X
1000.8 Legal Descriptions X
1000.9 Right-of-Way Plans X
1000.1.0 Appraisals X
1200.5 PS&E Submittal (Wells, tanks, buildings, landscape) X
1400.2 Requests for Information (RFIs) X X
100.3.4 Matrix of Deliverables
The following Matrix of Deliverables was presented in the Project Work Plan prepared by MCDOT
Table 2 —Matrix of Deliverables (MCDOT & Consultant)
Final Design Phase
Item Deliverable Final
95% 100%
Sealed%
Survey Design Data M M M
Design Plans Plans M & C M & C M & C
Face Sheet Plans M M M
General Notes Plans M M M
Summary of Estimated Quantities Plans M & C M & C M & C
Park Facilities & Campsites Plans C C C
Cost Estimate Document M & C M & C M & C
Specifications Document M & C M & C M & C
Utility Clearance Memo Clearance M M M
Right-of-way Clearance Memo Clearance M M M
Environmental Documentation ED MCPRD MCPRD MCPRD
Environmental Clearance Memo Clearance M M M
Project No.: TT0491B Contract No.: 2015-033
September 2018 Page 10 of 12

Scope of Services
Vulture Mountain Rec Area Amenities
Drainage Report Update/Amendment TM M M M
Structures Request Update/Amendment TM M M M
Geotechnical & Pavement Design TM M M M
Update/Amendment
Right-of-way Report Update/Amendment TM M M M
Utilities Report Update/Amendment TM M & C M & C M & C
M = MCDOT C = Consultant
100.3.5 Communication Plan
Table 3 —Project Contact Table
Name Role Agency Phone Mailing Address Email Address
Number
KennethVondersch
Ken Project 928.501.9 41835 N Castle Hot Springs Rd er@rnail.maricopa.
Vonderscher Manager MCPRD 2033 Morristown, AZ 85342-9887 goy>
Brandon Lead 623-547- 2045 S. Vineyard Ste 101 Brandon.Squire@e
Squire Designer EPS 4661 Mesa, AZ, 85210 psgroupinc.com
itt Consultant 480-503- 2045 S. Vineyard Ste 101 Matt.Truitt@epsgr
Matt Tru Manager EPS 2250 Mesa, AZ, 85210 oupinc.corn
400.1 Stakeholder Meetings
The following assumptions were made when developing a meetings fee proposal.
• Six (6) Progress Meetings with MCDOT and MCPRD Staff
• 60%, 95% and 100% Plan submittal comment resolution meetings
The meetings shall be held in MCDOT's office, located at 2901 W Durango Street Phoenix, AZ 85009. It
is assumed that meetings will last approximately 2 hours. EPS will have at least 1 person in attendance
at each meeting. EPS may remotely participate in conference calls.
Project No.: 1T0491B Contract No.: 2015-033
September 2018 Page 11 of 12

Scope of Services
Vulture Mountain Rec Area Amenities
1200.1 Project Submittals
Table 5 —Project Submittals Table
Legend: ) Copies
H# - Number of Hard Copies Requested
E - Indicates Electronic Submittal is Requested ri rscher resentative rd
ka Manager) Ha
Ha nde of
Frank Vo Rep ber
Project
Ken CPRD Num
( l
M
Submittal Document ( Tota
95% PS&E
Plans E E
Specifications E E
Estimate E E
100% PS&E
Plans F E
Specifications F E
Estimate E F
Final Sealed PS&E
Plans E, H1 e 1
Specifications E, H1 L 1
Estimate E, H1 E 1
MicroStation and In Roads CADD files E, H1 E 1
Project No.: TT0491B Contract No.: 2015-033
September 2018 Page 12 of 12

Vulture Mtn Rec Area (Amenities) EPS Group
PROJECT NO. TT491B Contract No. 2015-33
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Project Principal 90.14
Project Manager 553 66.53 36,791
Project Engineer 273 46.34 12,651
Design Engineer 1,000 38.83 38,830
CAD/GIS Technician 1,306 34.82 45,475
Sr Landscape Arch 118 43.92 5,183
Landscape Designer 432 23.75 10,260
Administrative 26.67
3,682 Hours
Estimated Labor Cost 149,190
Overhead 162% 241,897
Subtotal 391,087
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
Plotting 390.00
Facilities Room Rental/ Meeting Supplies
Total Estimated Expenses 390
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Wright Engineering (On-site Electrical) 54,300
1k/thy° & Moore (Percolation Tests) 15500
Environmental Graphics (Landscape) 5,000
PH Structural (Landscape) 2,400
Soutwest Groundwater 4,500
mrt design Ilc (Architectural Design) 153,800
Total Estimated Outside Services $ 235,500
PROFIT (Direct Labor +Overhead) 10% 39,108.67
TOTAL ESTIMATED FEE $ 666,085
CONTRACT TIME Calendar Days
Consultant Firm Signature Date
3/26/2013 Page 1 01

. 28.0 17.0 52.0 40.0 293.0 114.0 72.0 45.0 11,0 3260 155,0 72.0 62.0 11,6 330,0 50.0 208.0 102.0 44.0 184.0 94.0 68.0 1240 62.5 22.0 11,5 590 106.51 530 80.0 28.0 88.0 25.0 25.0 7,0 50 44-0 15.0 57.0 11.0 84.0 57.0 44.0 , 45.0 23.0 13.0 40.0 50.0 25.0
Group 2015-33 Total
EPS No.
Administra ties
Contract
Landscape Designer 2 28 56 za 47 14 47 5 5 28 9 28 9 56 37 25
I I.
Sr • Landscape S 7 18 9 9 4 9 9 9 4 2 9 4 4 4
CAD/G1S Technician 7 24 125 42 17 125 83 25 160 100 40 100 59 40 50 25 10 24 32 18 24 8 32 16 16 2 12 4 20 2 24 16 12 20 10 5
Design Engineer 18 20 118 39 39 16 8 118 59 39 24 8 120 80 40 60 30 20 47 24 10 8 20 10 5 20
Project Engineer 7 40 40 24 20 40 20 10 4 4 2 2 20
Project Manager 21 10 20 50 33 33 13 3 83 33 33 13 3 10 10 4 2 4 4 4 4 27 13 2 1 1 1 40 10 25
Project Principal
Hours/ Shiest
PHASE
No Silts
-
Scale
HOURS
STAFF
ESTIMATED
sheets pump sheets sheets
plan Sheets sheets pumps plan sheets system sheets plan sheets sheets bed Details
sheets equipping plan pump booster plan plan system Sheets bed bed disposal system . Fencing Details
TASK sheets sheets plan p_plan booster and distribution system disposal Legends Plans Landscape
(Amenities) Engineering) Report plan site well pan pump and booster tank system dislribution Plans Sheets Sewer disposal and septic Material Plan Submittal
Design plan wet equipping for booster tank and for water report Sewer and and tanks for Package Security/Perimeter and and Enlargement and Submittal Submittal Set /mit
visits) (Wright equipping equippirtg for Package booster for tank Package distribution for distrIbulion water Sanitary tanks tanks septic Package Study Equipment Landscaping Specifications Notes Map Plan Landscape Plan Plans Estimale Budget
Area 3 System well and and design SanitarySewer Sanitary Angle Signage Estimate Key Revegetalion CD CD
TT491B (assume visit Design well wet specifications sealed tank tank specifications sealed water specifications water sealed Sealed septic septic sealed Submittal Starling Play and Cost General Sheet Material Materiat and 95% 100% Sealed Improvement Estimates Cost Meetings
Rec site System plans Water 95% 100% final Submittal 95% 100% final Submittal 95% 100% final Design sewer 95% 11:0313 Final 95% 100% final Services Solar / Furnishings Construction Estimates Engineer's
NO. Visits Electrical Site and ESD Sewer a and Comprehenstve and Playground Revegetation Landscape Landscape Larhdscape Landscape Landscape Revegetalion Landscape Landscape Landsca Landscape Cost Cost assistance Design
Mtn On-site Landscape Water Well Well Prepare Prepare Develop Prepare MC Prepare Prepare Develop Prepare MCESD Prepare Develop Prepare Prepare Prepare Prepare Prepare Prepare Prepare Prepare Prepare MCESD Shade Park Site Site ArcheteCUIral Estimate 100% Final Design
Visits Site 1-1 1-2 Utilities Utiliiies 3-1.1 3-1.2 3-2.1 3-2.2 3-2.3 3-24 3-2.5 3-3.1 3-3,2 3-3.3 3a4 3-3.5 3-4.1 3-4.2 3-4.3 3-4,4 Sanitary 4-1.1 41.2 4-1,3 4-1.4 4-2.1 4-2,2 4-23 4-2.4 Landscape 5-1.1 5-1.2 5-1.3 5-1,4 54.5 5-1.6 5-t7 5-1,8 5-1.9 5-1.10 5-1.11 5-1,12 5-1.13 5-1.14 5-1.15 5-1.16 5-1.17 Cost 95% 7-1 7-2 7-3 Bidding Post Meelings Well 9-1
Vulture PROJECT 1 Task Task 2 3 Task Task Task Task Task Task Task Task Task Teak Task Task Task Task Task Task 4 Task Task Task Task Task Task Task Task 5 Task Task Task Task Task Task Task Task Task Task Task Task Task Task Task Task Teak 6 7 Task Task Task Task Task 8 It Task 9 Task Task 3/074,13
Task Task Task Task Task Task

Group 2015-33 Total 262.0C 3682,0 2 26f
pope
EPS No.
Adrrifrdstra tive
Contract
Landscape Designer 4-32
Sr LandscaPe Arch 9 118
CAD/GIS Technician 8 1306
Design Engineer 1000
1
Project Engineer 40 273
Project tanager ao
Project Principal
Nottas/ Sheet
PHASE
No Silts
-
Scale
HOURS ,
STAFF
ESTIMATED
TASK
(Amenities)
Coordination
Area TT491I3 and
Rec Meetinip
NO. Management
Mtn Landscape
Profect
Vulture PROJECT 9-2 10 3,267013
That Task 8

Vulture Mtn Rec Area (Amenities) EPS Group
PROJECT NO. TT491B Contract No. 2015-33
ESTIMATE OF DIRECT EXPENSES
Travel
A. Local Mileage at
0.56 lmies
Subtotal Travel
Plotting
B. Exhibits at $ 0.25 _ lexhIbits
C. Plots at 1.50 i.iJc- JPlots
D. Plan Submittals
Half Size Bond Copies at $ 0.10 : — 400 1Copies
Full Size Bond Copies at $ 1.00 ' • • ' •200 -1 ;Copies
Subtotal Plotting i. 240,00i
Facilities Room Rental/ Meeting Supplies
C. Other
Subtotal Miscellaneous Expenses
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
Wright Engineering (On-site Electrical)
Ninyo & Moore (Percolation Tests) 15 500 I
Environmental Graphics (Landscape) is -6,Oilo !
PH Structural (Landscape) $ 2,400 i
Soutwest Groundwater $ 4,500
mil design 110 (Architectural Design) $ 153,800
TOTAL ESTIMATED OUTSIDE SERVICES 235,500
TOTAL ESTIMATED EXPENSES $ 235,890
526/200 Pagel of 'I