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ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL) BETWEEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION AND WSP USA, INC. CONTRACT NO. 2018-018 Agenda No. C-64- ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL) CONTRACT NO. 2018-18 TABLE OF CONTENTS SECTION I SERVICES OF CONSULTANT 4 SECTION II WORK ASSIGNMENTS AND PERIOD OF SERVICE 4 SECTION III PAYMENTS TO THE CONSULTANT 5 SECTION IV THE COUNTY'S RESPONSIBILITIES 5 SECTION V ALTERATION IN SCOPE OF WORK 6 SECTION VI RECORDS 6 SECTION VII WORK ASSIGNMENT COMPLETION SECTION VIII TERMINATION SECTION IX OWNERSHIP OF DOCUMENTS 7 SECTION X COMPLIANCE WITH LAWS 8 SECTION XI GENERAL CONSIDERATIONS 9 SECTION XII SUCCESSORS AND ASSIGNS 10 SECTION XIII NO KICK-BACK CERTIFICATION 10 SECTION XIV ANTI-DISCRIMINATION PROVISIONS 11 SECTION XV INDEMNIFICATION 11 SECTION XVI INSURANCE REQUIREMENTS 11 SECTION XVII INFLUENCE 13 SECTION XVIII TITLE VI 13 SECTION XIX PERFORMANCE EVALUATIONS 14 SIGNATURE PAGE 15 ATTACHMENTS Contract No. 2018-018 Page 2 of 15 EXHIBIT A- SCOPE OF WORK EXHIBIT B - CONSULTANT'S FEE SCHEDULE Contract No. 201 8-0 18 Page 3 of 15 CONTRACT NO. 2018-018 ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL) Pursuant to the provisions of the Arizona Revised Statutes § 11-201 the Board of Supervisors has the authority to enter into contracts, The Maricopa County Department of Transportation, hereinafter called the "COUNTY", is desirous of having ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL) performed when requested by the Maricopa County Department of Transportation through a specific Work Assignment for those services more fully described in Exhibit A, General Scope of Work, and Exhibit B, Fee Schedule, attached; and WSP USA, INC. hereinafter called "CONSULTANT", with its principal offices located at 350 WEST WASHINGTON STREET, SUITE 300, TEMPE, ARIZONA, 85281 Telephone Number: (480) 966- 8295 is desirous of performing said services; THEREFORE, the parties hereto mutually agree as follows: SECTION I—SERVICES OF THE CONSULTANT The CONSULTANT, under the general supervision of the COUNTY Permitting, Construction & Inspection Division Manager, shall perform ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON- FEDERAL) as are necessary for the Work Assignment and according to the directions and designated standards of the COUNTY, and in accordance with Exhibit A, General Scope of Work. It is understood and agreed that the COUNTY's authorized representative shall be the Permitting, Construction & Inspection Division Manager or his/her duly authorized representative, hereinafter called the "Agent". For purposes of this contract, the Agent's duly authorized representative shall be the Permitting, Construction & Inspection Division Manager and he/she shall be the sole contact for administering this contract. The CONSULTANT shall meet periodically with the Agent so as to keep the COUNTY informed of the progress of the work in accordance with each work assignment. SECTION II— WORK ASSIGNMENTS AND PERIOD OF SERVICE Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work will be developed for each Work Assignment and incorporated herein by reference, A not-to-exceed fee will be negotiated for each Work Assignment consistent with Exhibit B, Fee Schedule, The CONSULTANT shall complete all work in accordance with the provisions of Exhibit A, General Scope of Work and the detailed Scope of Work as negotiated for each specific Work Assignment. Performance for a Work Assignment shall commence only upon receipt of the Agent's written notice to proceed. Any work specified in a Work Assignment under this Contract, which commenced prior to the expiration date of this Contract, shall be satisfactorily completed within the performance period of the Contract, If an extension of the Performance Period is granted as provided in Section VII, the performance period of the Contract shall be automatically extended to allow for the satisfactory completion of such work. Contract performance will be for a period of seven hundred thirty (730) calendar days from the Board award date and may be renewed, if mutually agreed to by both the CONSULTANT and the COUNTY, for an Contract No. 2018-018 Page 4 of 15 additional three (3) one-year optional renewal period or the expenditure of $2,000,000.00, whichever occurs first. SECTION III—PAYMENTS TO THE CONSULTANT The CONSULTANT shall be paid a fee not-to-exceed TWO MILLION DOLLARS AND NO CENTS ($2,000,000.00) for complete and satisfactory performance of work under this contract in accordance with the General Scope of Work and the detailed Scope(s) of Work. Payments will be made for the actual hours worked and/or other costs incurred or provided for in accordance with Exhibit B, Fee Schedule. The COUNTY does not guarantee any minimum or maximum fee during the period of this contract, and CONSULTANT, in accepting this contract, does not anticipate any minimum or maximum fee. The COUNTY shall pay the CONSULTANT in full for each Work Assignment upon satisfactory completion and acceptance by the COUNTY, provided the CONSULTANT returns the executed Certificate of Performance furnished by the Agent. Should an assignment require more than thirty (30) days to complete, the CONSULTANT may invoice progress payments based on COUNTY approved monthly progress reports and subject to the limitations set forth in the Scope of Work negotiated for each Work Assignment. No retention shall be withheld from the contract. The CONSULTANT shall provide back-up documentation with each invoice progress payment. The back- up documentation shall clearly indicate the hours worked, date, and employee's name, including sub- consultants. All backup documentation shall include copies of any sub-consultants or vendor invoices. The Small Business Enterprise Participation Form (Attachment 1) 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. The final invoice shall be paid to the CONSULTANT for each Work Assignment, as applicable, within forty- five (45) calendar days after: A. final completion of all work per Exhibit A, General Scope of Work and the detailed Scope of Work, B. acceptance of the work by the COUNTY, C. the COUNTY's receipt of the "Certificate of Performance" form furnished by the Agent, A Certificate of Performance will be provided with each Work Assignment. Upon Completion of the specific Work Assignment, the CONSULTANT will furnish to the COUNTY a completed Certificate of Performance – Work Assignment and Payment of all Claims. Upon completion of all Work Assignments under this contract, the CONSULTANT will furnish to the COUNTY an executed Certificate of Performance (Attachment 2). The Certificate of Performance must be notarized. Contract No. 2018-018 Page 5 of 15 SECTION IV—THE COUNTY'S RESPONSIBILITIES The COUNTY shall furnish the CONSULTANT, at no cost to the CONSULTANT, the following information or services for each Work Assignment: A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the Work Assignment. This does not, however, relieve the CONSULTANT of the responsibility of searching records for additional information, for requesting specific information, or for verification of that information provided. The COUNTY does not warrant the accuracy or comprehensiveness of any such information. B. All available information and data relative to policies, standards, criteria, and studies, etc. impacting the Work Assignment as identified by the CONSULTANT. C. Available staff for consultation with the CONSULTANT during the performance of the work in order to identify the problems, needs, and other functional aspects of the Work Assignment. D. Prompt examination of documents submitted by the CONSULTANT and rendering of decisions pertaining thereto in order to avoid unreasonable delay in the progress of the work by the CONSULTANT. The COUNTY will keep the CONSULTANT advised concerning the progress of the COUNTY's review of work. SECTION V—ALTERATION IN SCOPE OF WORK This contract may be amended by mutual agreement of the COUNTY and the CONSULTANT. Any alteration in the General Scope of Work and/or the detailed Scope(s) of Work that will result in a substantial change in the nature of the Work Assignment so as to materially increase or decrease the contract fee will require negotiation of an amendment to the contract to be executed by the COUNTY and the CONSULTANT. No work shall commence on the change until the contract amendment has been approved by the COUNTY and the CONSULTANT has been notified to proceed by the Agent. It is distinctly understood and agreed that no claim for extra work done or materials furnished by the CONSULTANT will be allowed by the COUNTY except as provided herein, nor shall the CONSULTANT do any work or furnish any materials not covered by this agreement unless such work is first authorized in writing by the COUNTY and in accordance with the Maricopa County Procurement Code. Any such work or materials furnished by the CONSULTANT without such written authorization first being given shall be at CONSULTANT'S own risk, cost, and expense, and CONSULTANT hereby agrees that without such written authorization to make no claim for compensation for such work or materials furnished. SECTION VI—RECORDS Records of the CONSULTANT'S expenses pertaining to this contract and records of accounts between the COUNTY and the CONSULTANT shall be kept on a generally recognized accounting basis and shall be available upon request to the COUNTY or its authorized representative for audit during normal business hours. Contract No. 2018-018 Page 6 of 15 The CONSULTANT shall maintain procurement records for a period of two (2) years after the completion of the contract unless applicable Federal regulations require a longer period of retention, SECTION VII—WORK ASSIGNMENT COMPLETION If, during the course of this Contract, situations beyond the control and not the result of delay attributable to CONSULTANT arise which prevent completion of a work assignment within the allotted time, the Agent may grant an extension of the Performance Period. SECTION VIII—TERMINATION The COUNTY may terminate this contract at any time upon reimbursement to the CONSULTANT of expenses that include reasonable charges for time and material for the percentage of work satisfactorily completed and turned over to the COUNTY. The COUNTY reserves the rights to postpone, terminate, or abandon this contract for the CONSULTANT'S failure to complete any Work Assignment on time, or failure to comply with the provisions of the contract. The COUNTY also reserves the right to terminate any or all parts of this contract for its own convenience as the COUNTY may determine at its sole discretion. The COUNTY hereby gives notice that pursuant to A,R.S. § 38-511 "A" this contract may be canceled without penalty or further obligation within three (3) years after execution if any person significantly involved in initiating, negotiating, securing, drafting, or creating a 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 consultant 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 Transportation Director is received by all of the parties of the contract. In addition, the COUNTY may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the COUNTY from any other party to the contract arising as a result of the contract. The CONSULTANT may terminate this contract in the event of nonpayment of fees as specified in SECTION III, PAYMENTS TO THE CONSULTANT. SECTION IX—OWNERSHIP OF DOCUMENTS A. All original documents including, but not limited to studies, report, tracings, drawings, physical and computer models, estimates, field notes, investigations, design analysis, calculations, computer software, and specifications, prepared in the performance of this contract are to be and remain the property of the COUNTY and are to be delivered to the Agent before final payment is made to the CONSULTANT. The COUNTY will not reuse, alter or modify these documents without noting such modifications, alterations, or intent of their reuse, and will hold the CONSULTANT harmless from any claims arising from such reuse, modifications, or alterations of the documents. The CONSULTANT may retain reproducible copies of all such documents delivered to the COUNTY. B. If the CONSULTANT retains reproducible copies of all such documents delivered to the COUNTY, the CONSULTANT may not use those documents in regard to current or future claims or litigation against the COUNTY brought by another party or parties unless the documents are independently produced in Contract No. 2018-018 Page 7 of 15 accordance with a court order or procedural rules and notice of such production is given to the COUNTY immediately and prior to their production. C. Copies retained by the CONSULTANT, sub-consultant(s), or any related entities are governed by Arizona Law regarding the use of public records and may not be used for commercial purpose without additional written permission from the COUNTY and the payment of all applicable fees, D. The COUNTY reserves the right to reuse the documents as it sees fit. SECTION X--COMPLIANCE WITH LAWS The CONSULTANT is required to comply with all Federal, State, and local laws, local ordinances and regulations. The CONSULTANT'S signature on this contract certifies compliance with the provisions of the 1-9 requirements of the immigration Reform and Control Act of 1986 for all personnel that the CONSULTANT and any subconsult ants employ to complete any Work Assignment. It is understood that the COUNTY shall conduct itself in accordance with the provisions of the Maricopa County Procurement Code, The CONSULTANT warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges: (1) That the CONSULTANT and its sub-consultants, 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 years, whichever is longer. (2) That a breach of a warranty under subsection 1 above, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contracts; (3) That the contracting government entity retains the legal right to inspect the papers of any CONSULTANT or sub-consultant employee who works on the contract to ensure that the CONSULTANT or sub-consultant 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 sub-consultant an agent or employee of the contracting government entity. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: (1) The undersigned (authorized official signing for the CONSULTANT) certifies to the best of his or her knowledge and belief, that the CONSULTANT, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; Contract No. 2018-018 Page 8 of 15 (b) have not within 3-year period preceding this 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; (c) 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 paragraph (2) of this certification; and (d) 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. (2) Should the CONSULTANT not be able to provide this certification, an explanation as to why should be attached to the Contact. (3) The CONSULTANT 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. SECTION XI—GENERAL CONSIDERATIONS A. The CONSULTANT shall furnish to the COUNTY for approval, the names of its key employees, and of its subconsultants and their key employees, to be used on the Work Assignment prior to beginning the work under this contract. Any subsequent changes are subject to the written approval of the COUNTY. B. The CONSULTANT shall perform, with its own firm, work amounting to fifty percent (50%) or more of the total amount of the contract value. Any deviation may be approved, in writing, at the discretion of the Agent. C. The failure of either party to enforce any of the provisions of this contract or to require performance of the other party of any of the provisions hereof shall not be construed to be a waiver of such provisions, nor shall it affect the validity of this contract or any part thereof, or the right of either party to thereafter enforce each and every provision. D. The CONSULTANT shall be responsible for the cost of any additional design, field layout, testing, construction and supervision necessary to correct those errors or omissions attributable to the CONSULTANT, and for any damage incurred by the COUNTY as a result of additional construction costs caused by such consultant errors or omissions. E. The fact that the COUNTY has accepted or approved the CONSULTANT'S work shall in no way relieve the CONSULTANT'S responsibility. F. It is mutually understood and agreed that this contract shall be governed by the laws of the State of Arizona, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this contract, or any provision thereof, shall be instituted only in the courts of the State of Arizona, Contract No. 2018-018 Page 9 of 15 G. When this contract requires the CONSULTANT to study specific geographic areas of Maricopa County, the CONSULTANT agrees during the term of this contract and any extensions thereof that CONSULTANT will not perform similar services for any clients other than the COUNTY within that specific geographic area without the written authorization and approval of the Transportation Director of the COUNTY, H. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and assigns, shall not accept employment as consultants, expert witnesses or otherwise in any pending or contemplated litigation against the COUNTY during the term of this contract and any extensions thereof without the written authorization and approval of the Transportafion Director of the COUNTY. I. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and assigns, shall not accept employment as consultants, expert witnesses or otherwise in any future litigation against the COUNTY in regard to the subject matter of this contract without the written authorization and approval of the Transportation Director of the COUNTY. J. It is understood that the COUNTY shall have the right to seek and obtain in any court of competent jurisdiction an injunction to restrain a violation or alleged violation by the CONSULTANT, its principals, employees, sub-consultants, agents or assigns, of the provisions of G., H., and I. of this section or of the provisions of B. of Section IX, and the right of action for full damages at law, in addition to any other remedies provided by this contract. In no case shall a waiver by the COUNTY of the right to seek relief under this provision constitute a waiver of any other or further violation, K. The Consultant shall incorporate stormwater quality best management practices (MVPs) in the design of the project and comply with the Maricopa County Stormwater Quality Management and Discharge Control Regulation, the Maricopa County Drainage Policies and Standards, and the Maricopa County Drainage Regulations, using guidance from the Maricopa County Drainage Design Manual, Vol. III, Erosion Control. L. Consultant hereby certifies that it is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Consultant may result in action by County up to and including termination of this Agreement. SECTION XII—SUCCESSORS AND ASSIGNS This contract shall not be assigned by either party without prior written approval of the other except that the CONSULTANT may use in the performance of this contract without prior approval of the COUNTY, personnel or services of its related entities and affiliated companies as if they were an integral part of the CONSULTANT; and it shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. SECTION XIII—NO KICK-BACK CERTIFICATION The CONSULTANT warrants that no person has been employed or retained to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee; Contract No. 2018-018 Page 10 of 15 and that no member of the Board of Supervisors or any employee of the COUNTY has any interest, financially or otherwise, in the CONSULTANT'S firm, For breach or violation of this warranty, the COUNTY shall have the right to annul this contract without liability or at its discretion to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. SECTION XIV—ANTI-DISCRIMINATION PROVISION The COUNTY will endeavor to ensure in every way possible that minority and women-owned business enterprises shall have every opportunity to participate in providing professional services, purchased goods, and contractual services to the COUNTY without being discriminated against on the grounds of race, religion, gender, age, disability, or national origin. The CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, gender, age, disability, or national origin, and further agrees not to engage in any unlawful employment practices. The CONSULTANT further agrees to insert the foregoing provisions in all subcontracts hereunder. SECTION XV—INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall defend, indemnify, and hold harmless COUNTY, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, reckless or intentional wrongful conduct of the consultant or others persons employed or used by the consultant in the performance of the contract or subcontract. "Other persons employed or used" means a subconsultant to a consultant or design professional in any tier, or any other person or entity who performs work or design professional services, or provides labor, services, materials or equipment in connection with the contract, The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of COUNTY. SECTION XVI - INSURANCE REQUIREMENTS CONSULTANT, at CONSULTANT'S own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of this Contract. Contract No. 2018-018 Page 11 of 15 CONSULTANT'S insurance shall be primary insurance as respects COUNTY, and any insurance or self- insurance maintained by COUNTY shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the COUNTY'S right to coverage afforded under the insurance policies. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to COUNTY under such policies. CONSULTANT shall be solely responsible for the deductible and/or self- insured retention and COUNTY, at its option, may require CONSULTANT to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. COUNTY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated, however, to review such policies and/or endorsements or to advise CONSULTANT of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONSULTANT from, or be deemed a waiver of COUNTY'S right to insist on strict fulfillment of CONSULTANT'S obligations under this Contract. The insurance policies required by this Contract, except Workers' Compensation, and Errors and Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and employees as Additional Insureds. The policies required hereunder, except Workers' Compensation, and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against COUNTY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONSULTANT'S work or service. CONSULTANT is required to procure and maintain the following coverages indicated by a checkmark; isi 1, Commercial General Liability. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, $4,000,000 General Aggregate Limit and $2,000,000 Personal and Advertising Injury. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. [xi 2. Automobile Liability. Commercial/Business Automobile Liability insurance and, if unnecessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the CONSULTANT'S owned, hired, and non-owned vehicles assigned to or used in performance of the CONSULTANT'S work or services under this Contract. 3. Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of CONSULTANT'S employees engaged in the performance of the work or services under this Contract; and Employer's Liability insurance Contract No. 2018-018 Page 12 of 15 of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit, CONSULTANT waives all rights against COUNTY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers' Compensation and Employer's Liability or commercial umbrella liability insurance obtained by CONSULTANT pursuant to this agreement. 4. Errors and Omissions Insurance, Errors and Omissions insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions of the CONSULTANT, with limits of no less than $2,000,000 for each claim. CERTIFICATES OF INSURANCE Prior to commencing work or services under this Contract, CONSULTANT shall furnish COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or formal endorsements as required by the Contract in the form provided by the COUNTY, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. In the event any insurance policy (ies) required by this contract is (are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of CONSULTANT'S work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to COUNTY fifteen (15) days prior to the expiration date. CANCELLATION AND EXPIRATION NOTICE Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to COUNTY. SECTION XVII — INFLUENCE As prescribed in MC1-1202 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 ethical 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 contract. Contract No. 2018-018 Page 13 of 15 SECTION XVIII — TITLE VI The Maricopa County Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. SECTION XIX - PERFORMANCE EVALUATIONS The CONSULTANT's performance shall be evaluated periodically in accordance with the schedule set forth in the Project Development Manual (PDM). Final Consultant evaluations for contracts executed after July 1, 2015, shall be considered in the future CONSULTANT selection process as outlined in the PDM. (END OF SECTION) Contract No. 2018-018 Page 14 of 15 IN WITNESS WHEREOF, the parties herein have executed this contract, WSP USA, INC, By Principal of the Firm Printed Name Title Date Tax Identification Number MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION RECOMMENDED BY By Jennifer Toth, RE. Date Transportation Director/County Engineer LEGAL REVIEW Approved as to form and within the powers and authority granted under the laws of the State of Arizona to the Maricopa County Department of Transportation. Deputy County Counsel Date ACCEPTED AND APPROVED By Chairman, Board of Supervisors Date ATTEST By Clerk of the Board Date Contract No. 2018-018 Page 15 of 15 CONTRACT NO. 2018-018 ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL) ATTACHMENTS 1. SBE Program Participation Reporting Form 2. Certificate of Performance 3. Certificate of Insurance 4. On Call Consultant Contract Payment Request Form 5. Title VI Assurances 6. Consultant Performance Evaluation Attachment Maricopa County Small Business Enterprise Program Participation Reporting 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. Name of Prime Consultant/Contractor Contract No. Contact Person Project No. Street Address Amount of this Pay Application/Invoice City, State ZIP Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay application/invoice. If work was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm. SBE Firm Name SBE Firm Address Type of Work Perfbrmed $ Pd to SBE this Appav 0 A mark in this box certifies that no SBE firms were utilized as the prime, subeonsultant or subcontractor with respect to this pay application/invoice. Date: Signature Printed Name & Telephone Number Contract No. 2018-018 CERTIFICATE OF PERFORMANCE ON CALL CONTRACT 2018-018 The Maricopa County Department of Transportation accepts the completed work by WSP USA, INC. or its subconsultants in connection with the scope of work described in Contract No. 2018-018. Whereas the completion date for this On Call Contract has passed, Maricopa County Department of Transportation will not authorize any new work assignments to this Contract. (Name of Firm Signer) hereby certifies to the Maricopa County Department of Transportation that all work covered in and required by Contract No. 2018-018 has been completed, payments requested and received, and that all claims of any nature or kind against Maricopa County Department of Transportation arising out of performance of the Contract are settled. The undersigned hereby certifies that no contractual disputes exist in regard to this Contract and that there is no knowledge of any pending or potential claims in regard to this Contract. This document hereby formally closes the contractual relationship between Maricopa County Department of Transportation and WSP USA, INC. for Contract No. 2018-018 for On-Call Construction Administration Services (Non-Federal). No further requests for payment will be entertained by Maricopa County Department of Transportation. By affixing signatures below, Maricopa County Department of Transportation and WSP USA, INC. mutually acknowledge completion and termination of Contract No. 2018-018. State of Arizona )§ County of Maricopa ) Signed this day of , 20 Signature Title Subscribed and Sworn to before me this day of , 20 Notary Public My Commission Expires: Contract No. 2018-018 - . DATE (MMEDD/YYYY) Ace()Rb CERTIFICATE OF LIABILITY INSURANCE kic........----- 715/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER AJG Service Team Arthur J. Gallagher Risk Management Services, Inc. PHONE (A/c. No. Extl; 212-994-7100 FAX os.ic, Not: 212-994-7047 250 Park Avenue, 5th Floor E-MAIL GGB.wsplis.CERTREQUESTSO,AJG.COM New York NY 10177 ADDRESS: INSURER COVERAGE NAIC It INSURER A: Zurich American Insurance Company 16535 ENSURED VV5PGLOB-01 INSURER B : Liberty Insurance Corporation 42404 IMP USA Inc. INSURER C : One Penn Plaza New York, NY 10119 INSURER D 1 INSURER B: INSURER F: COVERAGES CERTIFICATE NUMBER: 1590462942 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR YnE, POLICY NUMBER (MMETID/YYYY) POLICY EFF (MM/DDITYYY) POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILELY Y GL0983581905 4/112018 411/2010 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE 1 X OCCUR PREMISES DAMAGE TO (Ea RENTED occurrence) $ 300,000 Contractual lien MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ z000pao GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY JECT PRO- LOC PRODUCTS - COMP/OP AGO $ 2,000,000 $ B AUTOMOBILE OTHER: LIABILITY Y AS7621094050038 41112018 4/1/2019 COMBINED (Ea acciden t) SINGLE LIMIT ..__ X ANY AUTO BODILY INJURY (Per person) $ — OINNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS HIRED ONLY I AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- $ B WORKERS COMPENSATION WA7620094080010(AOS) 411/2018 41112019 X 1 ER AND EMPLOYERS' LIABILITY YI N EL. EACH ACCIDENT $ 2,000,000 ANYPROPRIETORWARTNEPJEXECUTIVE OFFICERIMEMBER EXCLUDED? . N I A (Mandatory In NH) E.1- DISEASE - EA EMPLOYEE $ 2,000,000 DESCRIPTION If yes, describe under OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 2A00,505 DESCRIPTION OF OPERATIONS) LOCATIONS! VEHICLES (ACORD 101, Addillonel Remarks Schedule, may be attached If more space In required) THIRTY (30) DAYS NOTICE OF CANCELLATION. Project Number: 11620 I Project Description: MCDOT On-Call Construction Administration (Non-Federal) I Client Project Number: 2018-018 Maricopa County Department of Transportation, Maricopa County, their agents, representatives, officers. Directors, Officials, and employees are included as Additional Insured with respect to General Liability and Auto Liability. Any insurance available to the named insured shall be primary of other sources that may be available. It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage available to the County without thirty (30) days written notice to the County. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Maricopa c aunty Department of Transportation 2901 West Durango Street AUTHORIZED REPRESENTATIVE Phoenix AZ 85009-6357 0 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD --- ---9 ,,,,, DATE (MliliDD/YYYY) ACCW?,129— CERTIFICATE OF LIABILITY INSURANCE 7/512018 taa.----- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AdG Service Team Arthur J. Gallagher Risk Management Services, Inc. PHONE 212-981-2486 FAX (Arc, No): 212-994-7074 250 Park Avenue, 5th Floor E-MAIL New York NY 10177 ADDRESS; GGB.WSPUS.CertRequests©ajg,com INSURER(SI AFFORDING COVERAGE RAID!! INSURER A : OBE Specialty Insurance Company 11615 INSURED WSPGLOB-01 INSURER B' WSP USA Inc. INSURER C : One Penn Plaza New York, NY 10119 INSURER D : INSURER C: INSURER F: - - — - - — - E NUMBER: 493535471 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD MD POLICY NUIABER (MMIDD/YYYY) IMM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ _ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JEOT PRO- LOC PRODUCTS - COMP/OP AGG $ — $ OTHER: COMBINED SINGLE LIMIT $ _ AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY (Per person) $ — OWNED SCHEDULED BODILY INJURY (Per accident) $ — AUTOS ONLY AUTOS NON-OWNED PROPERTY DAMAGE AUTOS HIRED ONLY AUTOS ONLY _Per accfdent) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE — EXCESS LIAR CLAIMS-MAOE AGGREGATE $ DED RETENT ON $ WORKERS COMPENSATION STATUTE PER 0TH- ER AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N IA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If DESCRIPTION yes, describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability OPL0022630 11/1/2017 10/21/2018 Per Claim/Aggregate $2,000,000 CLAIMS-MADE DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more specs is required) Prdect Number: 116201 Project Description: MCDOT On-Call Construction Administration (Non-Federal) l Client Project Number: 2018-018 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Maricopa County Department of Transportation 2901 West Durango Stree Phoenix AZ 85009-6357 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD An interactive On-Call Consultant Payment Request Form is available on the Maricopa County Department of Transportation website: http://www.mcdot.maricopa.qov/procurement/forms.aspx Contract No. 2018-018 Maricopa County Department of Transportation Title Vi Assurances The Maricopa County Department of Transportation (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Federal Highway Administration and Arizona Department of TransportatiOn, is subject to and will comply with the following: Statutory/Regulatory Authorities o Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs of the DepartMent of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 C.F.R. Settion 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); o 23 C.F.R. Part 200 Subchapter C—Civil Rights (Title VI program implementation and related statues) The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and 'Regulations," respectively, General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda and/or guidance, the Recipient hereby gives assurances that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity," for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration, The Civil Rights_Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1978), by restoring the broad, institutional-wide scope and coverage Of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the prograrn IS Federally assisted, Specific AssUrancet More Specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federal Aid Highway Program. 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. 5 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal Aid Highway Program and, in adapted form, In all proposals for negotiated agreements regardless of funding source: "The Marlow County Department of Transportation, in accordance with the provisions of Title VI Of the Civil Rights Act of 1964 (78 Stat -. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. The Recipient will in5ert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. S. That where the Recipient receives Federal financial assistance to construct a facility or part of a facility, the Assurance will extend to the entire facility end facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such prOperty. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the sUbsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to,. space on, over, or under real property acquired oriniproved under the applicable activity, praject or program. B. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assiStance is to provide, o r is in the form of, personal property, Or real property, Or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transference for the longer of the fallowing periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply With all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, Maricopa County Department Of Transportation also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to cornply) with all applicable provisions governing Federal Highway Administration or Arizona Department of Transportation access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the Federal Highway AdminiStratiOn or Arizona Department of Transportation. You must keep records, reports, and submit the material for review upon request to Federal Highway Administration, Arizona Department of Transportation, or its designee in timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 1Vlaricopa County Department of Transportation gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Administration and Arizona Department of Transportation. This ASSURANCE is binding on Arizona, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors, transferees, successors in interest, and any other participants in the Federal Aid Highway Program the person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. Maricopa County Department of Transportation (Name of Recipient) DATED 6-111 6 ZO Le) by ,.i.gr)ture of Authorized Official) Attachments Appendices A, B, C, D, E APPENDIX A Miring the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration or the Arizona Department of Transportation, as they may be amended frorn time to time, which are herein incorporated by reference and Made a part Of this contract. 2, Nondiscrimination: The contractor, with regard to the work performance by it during the contract, will not discriminate on the grounds of race, color, or national origiri in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontractors, including Procurements Of Materials and Equipment : In all solicitations,, either by corepetitiVe bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of Materials ; or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and RegulatiOns relative to Non-discrimination on the grounds Of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directive issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities aS may be determined by the Recipient, the Federal Highway Administration or Arizona Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fah or refuses to furnish the information, the contractor will so certify to the Recipient, the Federal Highway Administration, or Arizona Department of Transportation, as appropriate, and Will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: in the event of a contractor's noncompliance with the Non- discrimination previsiOriS of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration or Arizona Department of Transportation, May determine to be appropriate, including; bUt not limited to: a. withholding payMent§to the Contractor Under the Contract until the contractor complies; and/or b. cancelling, terminating, Or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions Of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. the contractor will take action with request to any subcontract or procurement as the Recipient, the Federal Highway Administration, or Arizona Department Of Transportation May direct as a means of enforcing such provisions including sanctions for noncoMpliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, the contractor may request the Recipient to .enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. APPENDIX B: CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, Or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4. NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that Maricopa County Department of Transportation will accept title to the lands and maintain the project Constructed thereon in accordance with Title 23, United States Code the Regulations for the Administration of Federal Aid for Highways, and the policies and procedures prescribed by the Arizona Department of Transportation, Federal Highway Administration and the U.S. Department of Transportation in accordance and in Compliance with ail requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252;42 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey LIMO the Maricopa County Department of Transportation all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Maricopa County Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which Will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the prOvisiOn of similar services or benefits and will be binding On the Maricopa CoUnty Department of Transportation, its successors and assigns. The Maticopa County Department of Transportation, in consideration of the conveyance of said lands and interests In lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no perSon will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise Subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [.] [andr (2) that the Maricopa County Department of Transportation will use the lands and interests in laridS and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non discrimination in Federally-assisted programs of the U.S. Department of TranSportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended, [and (3) that in the event of breach Of any of the above-mentioned non-discrimination conditions, the Department will have -a right to enter or re- enter Said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to•this instruction].* *Reverter clause and related language to he used only when it is determined that such a clause is necessary in order to make clq:Or the ptirpbse Of Title VI. APPENDIX C: CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar Instruments entered into by the Maricopa County Department of Transportation pursuant to the provisions of Assurance 7(a); A. The (grantee, lessee, perrnittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors In interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running wi_th the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc ) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, ett.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) Such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise Subjected to discriMinatiOn in the use of said facilities, B. With respect to licenses, leases, permits, etc, in the event of breath of any of the above Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With resPect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and beCome the absolute property of the Maricopa County Department of Transportation and its assigns*. *Reverter clause and related language to be used only when it is determined that suCh a clause is necessary tO make clear the puirpoe of Title Vl, APPENDIX D: CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will he included in deeds, licenses, permits, or Similar instruments/agreements entered into by MaricoPa County Department of Transportation pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person oh the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licentee, lessee, perrnittee etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter or re-enter and repossess said land and the facilities thereon, and hold the same as if Said (license, permit, etc., as appropriate) had never been Made Or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrinnination covenants, Maricopa County Department of Transportation will there upon revert to and vest in and become the absolute property of Maricopa County Department of Transportation and its assigns.* l'Reiierter clause and related language to he used only when it/s determined that such d clOuSe is necessary in order to make clear the purpose, of Title VL APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to! Pertinent Non-Discrirnination AuthOrities: • Title VI of the Civil RightsAct of 1964 (42 U.S.C. § 2000d et seq., 78 tat, 252), (prohibits discrimination on the baSis of race, color, national origin): and 49 CFR Part 21. The Uniform Relocation AssiStance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S,C. § 324 et seq.), (prohibits discrimination On the basis of ex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et.seq.), a amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et 5eq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on rate, creed, color, national origin, or sex); O The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the Scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 Of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles It and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability In the operation of public entities', public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 0 The Federal Aviation Administration's Non-discrimination statute (49 U . 5.C, § 47123) (prohibits discrimination on the basis of race, color, national origin, and SO; Executive Order 12898, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse hymen health or environmental effects on minority and low-income populations; Executive pi-dor 1310, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reaSonable StepS to ensure that LEP persons have meaningful access to your programs (70 Fed keg. at 74087 to 74100); • Title IX of the EclUcatian ArnendmentS of 1972, as amended, Which prohibits yoU from discriminating hecase of sex in education programs or activities (20 U.S.C. 1687 et seq). EXHIBIT A SCOPE OF WORK CONTRACT NO. 2018-018 ON-CALL CONSTRUCTION ADMINISTRATION (NON-FEDERAL) EXHIBIT A CONSULTANT'S SCOPE OF WORK ON-CALL CONSTRUCTION ADMINISTRATION SERVICES CONTRACT NO. 2018-018, 1. DEFINITIONS COUNTY Maricopa Department of Transportation (MCDOT) PROJECT MONITOR The official MCDOT representative who will be available throughout all phases of the construction project(s) and who shall provide guidance to the consultant during the administration of the construction contract. CONSULTANT Employee(s) of the Prime firm, or Sub-Consultant Finns, contracted with MCDOT to represent MCDOT and administer the construction contract in accordance with this Scope of Work; Project Plans and Specifications; MCDOT, MAG and other applicable standard details and specifications; the MCDOT Manual for Construction Management; and MCDOT policies and procedures. CONS I RUCTION The performance of contract management, ADMINISTRATION construction inspection, materials testing, construction staking, office procedures, safety monitoring, partnering, documenting the work and all other duties required to successfully manage the projects under this contract. Enforcement of the MCDOT Title VI program, and all of the requirements of the construction contract. 2. GENERAL 2.1. CONSULTANT shall provide complete construction administration services to the Maricopa County Department of Transportation, hereinafter referred to as the COUNTY, and to serve as an extension of the COUNTY staff. The following outline is not intended as a complete task listing, but as a general outline of the level of service required. 2.2. Assign as Resident Engineer, a Professional Engineer licensed in Arizona in Civil Engineering, or an approved related field. 2.3. Assign staffing to support the Resident Engineer's efforts. Required staffing may vary with each work assignment, and should include personnel for Inspection, Field Office 1 of 10 Manager, Traffic Control expertise, constructability review, Materials Sampling and Testing, Survey, and construction staking. 2.4. Assist and represent the COUNTY during project audits when applicable. The assigned RE, or other assigned staff, shall make him/herself available and be able to produce the necessary documents that are requested for these audits 2.5. Consult with COUNTY to determine the general nature, scope and extent of the construction administration services required of the WORK and identify the need for, and availability of project data or services. 2.6. At the request and approval of the COUNTY, the CONSULTANT shall provide an on-site (or in close proximity of the project) field office of sufficient size to accommodate key project staff so they may efficiently conduct daily project business. The office shall include all necessary office furniture, supplies, utilities, and communications for the life of the construction project or until COUNTY notifies the CONSULTANT otherwise. After written notice to proceed, CONSULTANT shall: 2.7. Arrange for access and secure any permits required to enter upon public and private property, as required, for CONSULTANT to perform services required for the WORK. 2.8. Maintain a project staff for the full duration of the contract, who is knowledgeable in all areas of work covered within this Scope of Work and the project's contract documents. Employees of the CONSULTANT or any SUB-CONSULTANTS who do not perform their work in a safe and knowledgeable manner, or who are intemperate or disorderly, shall be removed immediately from the project at the written request of the COUNTY. 2.9. The CONSULTANT or SUB-CONSULTANTS providing services under this contract cannot have the same parent company or any corporate association with the contractor(s) performing work for these projects. 3. SPECIFIC WORK REQUIREMENTS 3.1 MANAGEMENT SERVICES 3.1.1 The CONSULTANT, as the primary contract administrator, shall have the initial responsibility for communicating or relaying information and/or requests to the contractor. Problems or questions concerning the project or the contractor shall be addressed to, and by, the CONSULTANT. The CONSULTANT will be expected to be actively engaged with the project and respond to project issues in an expeditious manner to meet time constraints of the project. 3.1.2 The CONSULTANT shall provide project field inspection staff with vehicular transportation, cellular telephone, and any other required devices to successfully determine the quality of workmanship of the contractor. Field testing equipment for soils and/or concrete as may be required for work under 2 of 10 Section 3.2. All project staff is required to have computer access for effective and comprehensive documentation, reporting, analysis and communication. 3.1.3 Prepare, issue and maintain a list of key personnel assigned to the project including contractor, consultant, and any other sub-consultant personnel by listing telephone numbers, e-mail addresses, affiliation and responsibility. 3.1.4 The CONSULTANT shall have a thorough working knowledge and prior experience with Partnering as it relates to the construction of public projects. The CONSULTANT and the staff shall maintain a professional working relationship with the contractor throughout the length of each construction project work assignment. 3.1.5 When requested, make arrangements for and conduct an Initial Partnering Workshop for the project. At this Workshop, the Resident Engineer shall facilitate the meeting to address the overall scope and intent of the project; discuss the principles of Partnering; review or establish issue resolution procedures and the COUNTY's escalation matrix; identify issues of concern from Stakeholders; and develop action plans to address each issue. The CONSULTANT shall be solely responsible for notifying the Stakeholders of this meeting. 3.1.6 Make arrangements for and conduct the pre-construction conference for the project. The pre-construction conference may be combined with the initial Partnering Workshop. The general conference outline is shown in the MCDOT Manual for Construction Management, but shall be tailored to address the specific needs and requirements of the Project. The conference shall be held in one of the conference rooms at Marieopa County Department of Transportation, located at 2901 West Durango in Phoenix, Arizona. The CONSULTANT shall be solely responsible for notifying the Stakeholders of this and all subsequent project meetings. Alternative arrangements may be considered for an off-site location if combined with the initial Partnering Workshop. 3.1.7 Prepare a schedule of shop drawings and material submittals to be expected from the Contractor that is consistent with the project schedule. 3.1.8 Review and approve shop drawings and material submittals. Forward as necessary to other appropriate agency and/or MCDOT Division if their review is desired or specified. Such submittals shall be stamped either "Approved," "Not Approved." or "Approved as Noted", as appropriate. 3.1.9 Prepare a Material Sample Checldist with assistance of MCDOT Material Testing Section outlining the required tests, the frequency of testing and sampling requirements for materials anticipated for use on the proj ect in accordance with the MCDOT Sampling & Testing Guide — non-Federal and/or MCDOT' s Construction Management Manual Appendix "A". The sampling frequency for Correlation/Verification testing will generally occur at the approximate rate of one per five acceptance tests. 3 of 10 3.1.10 Prepare a Materials Certification Log that lists manufacturer's Certificates of Compliance and Certificates of Analysis that will be required during construction. The manufacturer's certifications shall be reviewed to assure that all materials and manufactured items incorporated into the project conform to the plans and specifications. The certifications shall include as a minimum the information listed in the format of Appendix "A", page 21 of MCDOT's Construction Management Manual. 3.1.11 The CONSULTANT shall submit written narrative progress reports to the PROJECT MONITOR on a weekly and monthly basis. The weekly reports shall be delivered by 9:00 A.M. Monday morning following the week covered in the report, and they shall contain considerable detail about activities on the project. A detail of the CONSULTANT's anticipated type and number of project personnel to adequately cover the work for the up-coming week shall also be included. Project staffing shall be consistent with the negotiated staffing plan for the work assignment. 3.1.12 Monthly reports shall be delivered by the fifth (5) of each month, and shall consist of a brief recap of the project progress for the previous month including comments on schedule and progress, deficiencies, and any problems, which may result in claims or additional expense to the COUNTY. When seventy percent (70%) of the contract time has been used for the project, the CONSULTANT shall advise the PROJECT MONITOR if the project can be completed within the original time frame. If the CONSULTANT cannot, a detailed analysis outlining the time needed to complete the project must be subinitted along with a request for an extension of time to the PROJECT MONITOR. This analysis and request must be completed and received by the PROJECT MONITOR prior to eighty percent (80%) of the work assignment time being used. 3.1.13 Each of the project staff performing inspection or assigned responsibility for any project operation is reqnired to maintain a diary of detailed information concerning the contractor's operations for the specific phase of work they are assigned to. These diaries shall be completed for every day that project staff is actively participating in the contract in accordance with the MCDOT Manual for Construction Management, and shall be kept on file in the project field office, and shall be made available to the COUNTY upon request. 3.1.14 Conduct weekly meetings with Contractor's supervisory personnel, and other key stakeholders, to provide close coordination and Contractor's understanding of each aspect of the work. One meeting per month shall include a discussion of the status of the project's partnering relationship and review the partnering evaluation results. Prepare minutes each weekly meeting and transmit to all concerned parties and Stakeholders. The COUNTY shall approve meeting location and schedule. 3.1.15 Determine quantity of work in-place, obtain Contractor's concurrence, and prepare monthly progress payment report(s) utilizing MCDOT's standard format, and submit to the COUNTY within 5 days after the 20 th of each month. 4 of 10 All signatures shall be in blue ink. The CONSULTANT shall maintain separate and distinct records, files, all inspection diaries, log books, survey staking records, material tests results and required documentation that justify all payments for quantity of work 3.1.16 Maintain a subcontractor list and a copy of subcontracts. Verify that prime contractor is maintaining a minimum of 50% self-performance. 3.1.17 Analyze problems, which may arise as the result of any changes, actual field conditions, or any other issues that may require a change order to supplement or alter the original contract documents. Make appropriate analysis of alternative actions and submit recommended solutions, cost analysis, supporting documents and calculations in writing to the COUNTY for review and approval. If a change order is required, make recommendations for, and process change orders for submittal to the COUNTY for final approval. The COUNTY shall be consulted regarding the format of the Change Order. Four (4) original change orders shall be submitted, (five (5) for change orders requiring Board approval) on County forms. All signatures shall be in blue ink. 3.1.18 Arrange and conduct a final inspection when work is substantially complete. Prepare a deficiency list and re-inspect items that required repair, replacement or needed additional attention. 3.1.19 Make final determination of all contract quantities. Prepare and submit final payment request together with final quantity analysis, change orders, and all necessary certificates of performance documents on COUNTY approved forms. 3.1.20 Prepare record drawings by updating original full-sized COUNTY drawings and submit to the COUNTY. All information concerning changes, additions or deletions to the original design shall be made in red India ink with any deleted item(s) crossed or lined out, but not erased. The CONSULTANT Resident Engineer shall provide a sealed and signed record drawing certification statement on the cover sheet. The Resident Engineer's Registered Professional Civil Engineer seal shall be affixed to the cover sheet with, as a minimum, a certification statement similar to the following: RECORD DRAWING CERTIFICATION To the best of my knowledge and belief the project was constructed as shown here-on 3.1.21 Establish and maintain a project file, submit completed file to the COUNTY and include all shop drawings, daily inspection diaries, maintenance manuals, manufacturer's instnictions, parts lists, or other pertinent data applicable to the project. File shall also contain copies of all correspondence, inspection logs, reports, test results, photographs, documentation for cause of delays, payment requests, change orders, field orders and sketches, survey notes, quantity 5 of 10 estimates and such other applicable documents necessary to provide a complete and accurate job record from beginning to end. 3.1.22 Submit a final report stating that the project has been completed in substantial compliance with the contract requirements with the recommendation that the project be accepted and fmal payment made to Contractor. Closeout documents and examples are provided in the MCDOT Manual for Construction Management, and shall be submitted no later than 60 calendar days following final acceptance of the project. 3.1.23 Provide post-construction analysis of the project addressing areas of successful prosecution, and specific types of problems encountered, along with recommendations for prevention of similar problems on future projects. Participate in post-construction "Lessons Learned" Workshop. 3.2 INSPECTION AND MATERIALS TESTING SERVICES: CONSULTANT shall provide the following Inspection and Materials Testing Services: 3.2.1 Pertain' all inspection and field documentation to adequately record the quality of the work as it is being constructed by the contractor. 3.2.2 Perfolm all quality assurance and acceptance testing for the project if MCDOT is not providing this service on any given work assignment. 3.2.3 Provide at least one qualified inspector on the site as required, when significant work is being performed by Contractor. Provide additional project staff as necessary to match the production of the contractor, which shall remain consistent with the negotiated staffing plan for the contract. Projects may require specialty inspection experience of; electrical components, signal equipment and/or fiber optic installation equipment, landscaping, or structural. The CONSULTANT shall provide an inspector with project specific experience of no less than five prior projects of the same components. The CONSULTANT shall submit the proposed inspectors resume and specialty proj ect experience information for review and consideration. 3.2.4 Inspect work in progress, finished work, and keep Contractor informed of acceptability status of the work. If CONSULTANT'S proj ect personnel observe or are aware of unsafe practices or site safety conditions which are patently unacceptable and jeopardize the life and health of employees on the site, or the public, and endanger property adjacent to the work site, CONSULTANT shall immediately notify Contractor and the COUNTY of such unsafe conditions. Nothing herein is intended to relieve Contractor of his contractual responsibility for safety on the project, or to make CONSULTANT responsible for Contractor safety procedures. 6 of 10 3.2.5 Inspect material stored on-site to verify it is stored properly to prevent damage to the material, and the contractor has adequate security measures in place to prevent theft or vandalism. 3.2.6 Complete photographic coverage of the project during construction is not required; however, complete photographic coverage of the site prior to construction and after completion of construction is mandatory. Critical developments or conditions during construction shall be photographed and included in the inspection record, which shall include but not be limited to, flood damage, accidents, substandard work, structural failure, or any other instance that is deemed pertinent by the Inspector. 3.2.7 Thorough inspections shall be made prior to terminal operations, such as backfilling, concrete pours, pipeline tests, and inspections. All correction orders to contractor shall be made in written form with a copy attached to the inspection record. 3.2.8 Laboratory, field tests, and reports shall be reviewed and signed by a Professional Engineer registered in the State of Arizona. 3.2.9 CONSULTANT shall maintain close contact with Contractor and keep continuously aware of the current schedule. CONSULTANT shall keep Contractor aware of the inspection and testing requirements and the effect these have on work scheduling, in order to avoid delays and misunderstandings. 3.2.10 Materials testing services, field and laboratory, shall be provided by an organization which is certified through the AASHTO Accreditation Program in the requisite procedures. 3.2.11 In support of the Materials Sampling and Testing Plan as prepared by the COUNTY, the CONSULTANT shall coordinate Acceptance sampling and field or laboratory testing. The CONSULTANT shall coordinate with the MCDOT Lab personnel and give sufficient advanced notice (24 hours minimum) utilizing the MCDOT Materials Laboratory Work Request Form that sampling and testing of project material(s) is required. The CONSULTANT may be requested to collect materials samples as deemed necessary or in accordance with the Material Testing Plan and deliver to the MCDOT laboratory for testing. All samples obtained shall be obtained in accordance with the MCDOT materials procedures or applicable ASTM or AASHTO sampling methods. Ensure Certificate of Compliance and Certificate of Analysis of material is provided and in compliance with requirements. 3.2.12 Each supervising materials technician shall be certified by the National Institute for Certification in Engineering Technologies (NICET) at Level III or above in the applicable field(s) and/or meet the following requirements: • Registered as a Professional Engineer in the State of Arizona with one year of applicable experience, acceptable to the COUNTY 7 of 10 • Certified as an Engineer-in-Training by the State of Arizona with one year of applicable experience, acceptable to the COUNTY o Hold a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology, or Construction, with three years of applicable experience, acceptable to the COUNTY. 3.2.13 Technicians shall meet one of the following requirements: • Construction Materials Technician certified at Level II or higher by NICET in appropriate subfield • Construction Materials Technician trainee under direct observation of a Level II or Level III technician certified in appropriate subfield 3.2.14 At least eighty percent (80%) of CONSULTANT'S inspection team shall meet the following requirements: • Engineer-in-Training certified by the State of Arizona with two years of highway construction experience, acceptable to the COUNTY. • An individual with three years of highway experience, acceptable to the COUNTY and a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction Management. • "Field" certification by the American Concrete Institute (ACI) and the Arizona Technical Testing Institute (ATTI). o Highway Construction Technician certified by NICET. • A NICET certified Engineering Technician in Civil Engineering Technology with five years of highway experience, acceptable to the COUNTY 3.3 CONSTRUCTION STAKING AND SURVEYING: 3.3.1 Perfoini all base surveys and cross section of existing conditions that may be required as a basis for quantity determination, and/or establishment of construction lines and grades. 3.3.2 Provide construction staking necessary for Contractor's performance of the work. o Perform surveys and measurements during the course of the work, as may be required, in order to determine the quantity of work in place. • Perform final surveys and measurements for final quantity determination and as required for the preparation of record drawings. • Assign overall responsibility for survey work to a Registered Land Surveyor, licensed in Arizona. 8 of 10 • Prior to commencement of the construction work, CONSULTANT shall stake limits of right-of-way, temporary and permanent easements. ▪ When MCDOT Survey staff will perform the staking and survey work, CONSULTANT shall coordinate these services with a minimum of two working day survey request notifications. As a minimum, Survey will: • Stake limits of right-of-way, temporary and permanent easements prior to start of work • Staking for various elements of work • As-Built information both at grade and underground 4. PROJECT MONITOR COUNTY will assign a staff member to serve as contact person to CONSULTANT. The COUNTY representative will periodically visit the site to keep informed of the job conditions and progress and may from time to time, issue instructions or make suggestions to facilitate the work. The COUNTY representative will not assume the duties or responsibilities of CONSULTANT under this Contract. The COUNTY representative will not perform any of the inspection prior to final inspection and will not solve routine problems for CONSULTANT. Problems of an unusual nature shall be referred to the COUNTY representative together with CONSULTANT'S recommendation for solving the problem. The assigned representative will be CONSULTANT'S primary contact. All transactions with the COUNTY under this Contract shall be conducted through and all correspondence shall be directed to the assigned representative. 5. CORRESPONDENCE AND REPORTS In addition to project file requirements, CONSULTANT shall submit copies of all correspondence with Contractor to the COUNTY as soon as possible. Meeting minutes shall be transmitted to the COUNTY weeldy. Reporting as delineated in Section 3.1. 6. DURATION OF CONTRACT AND PAYMENT FOR SERVICES 6.1 The performance period of each work assignment shall extend from the date of the Notice to Proceed to CONSULTANT, to Ninety (90) calendar days after fmal construction project acceptance. The term of each work assignment will be extended by change order to correspond to any extensions to the construction contract. Additional time may be granted for assistance to COUNTY in addressing Contractor claims or for audits. 6.2 Whenever Contractor is prevented from working due to causes beyond its control, CONSULTANT'S presence at the job site may not be required with the same frequency and/or duration as during construction activity. 9 of 10 7. ADDITIONAL SERVICES 7.1 Following express written authorization by the COUNTY, CONSULTANT shall provide jobsite construction administration services on an overtime basis, in accordance with Exhibit B, Consultant's Fee Schedule. 7.2 At the COUNTY'S request, the CONSULTANT shall provide a constructability review of contract documents. Items to include, but not be limited to; plan review, verification of plan call outs and quantity, review for missing bid items, quantity verification, unidentified conflicts on plans, conflicting information with plans, special provisions, MAO and MCDOT Supplements. A more detailed Scope of Work and specific documents will be provided at the thne of request for fee proposal. Constructability reviews at any given design submittal phase do not ensure CONSULTANT will receive the broader scope Construction Management work assignment. 7.3 Provide other additional services as may be required, upon written authorization by the COUNTY. (END OF SCOPE OF WORK) 10 of 10 EXHIBIT B CONSULTANT'S FEE PROPOSAL CONTRACT NO. 2018-018 ON-CALL CON STRUCTION ADMINISTRATION (NON-FEDERAL) FEE SCHEDULE CONTRACT NO. 2018-018 ON CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-Federal) The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: WSP USA INC. DATE: 6/27/18 PROFESSIONAL DIRECT LABOR HOURLY RATE Sr. Resident Engineer $76.93 Resident Engineer $65.79 Project Supervisor $43.51 Lead Inspector H $40.39 Lead Inspector I $34.43 Inspector II $32.49 Inspector I $29.34 Project Administration $34.19 DIRECT AND OUTSIDE EXPENSES • With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST Photo Copies Mileage $.545/mile SUB CONSULTANT — Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. ACS Services LLC Transcore Structural Grace, Inc EPS Group Inc. Premier Engineering J2 Engineering EPS Group Inc. OVERHEAD 129.7 % PROFIT 10 % • Overhead and profit can only be paid on the straight time, not the overtime WSP USA Inc. Bifi C41. Signature — ,AVP. Construction Services Manager Title June 27; 2018 Date Contract No. 2018-018 SUB CONSULTANT FEE SCHEDULE CONTRACT NO. 2018-018 ON CALL CONSTRUCTION ADMINISTRATION SERVICES (Non-Federal) The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a Fee Schedule. COMPANY NAME: Structural Grace Inc. DATE: June 21, 2018 PROFESSIONAL DIRECT LABOR HOURLY RATE Senior Engineer $59.56 Resident Engineer $43.27 Supervising Inspector $37.25 Senior Inspector-IV $33.00 Inspector-Ill $29.44 Inspector-II $26.78 Inspector-I $20.00 Registered Land Surveyor $44.00 Survey Crew Chief $37.50 Survey Technician $28.30 DIRECT AND OUTSIDE EXPENSES With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. Expense Description -Unit Cost Mileage Current GSA rates - $0.545-Mile SUB CONSULTANT Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD: 121.00% Field; 167.84% Office PROFIT: 10% o Overhead and profit will only be applied to the straight time, not the overtime premium Structural Grace, Inc. Signature Principal/Controller Title June 21, 2018 Date Contract No. 2018-018; MCDOT-On-Call Construction Administration (Non-Federal) FEE SCHEDULE CONTRACT NO. 2018-018 ON CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-Federal) The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: ACS SERVICES LLC DATE: 6/25/2018 PROFESSIONAL DIRECT LABOR HOURLY RATE OVERTIME Principal N/A N/A Project Manager $146.92 N/A Project Engineer $123.73 N/A Supervising Technician $79.20 $91.51 Technician $64.34 $74.34 Secretaty/Clerical $56.30 $65.05 DIRECT AND OUTSIDE EXPENSES • With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST Photo Copies $0.00 Mileage $0.54/mile SURCONSTJLTANT — Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. None OVERHEAD 192.46% PROFIT 10.00% • Overhead and profit can only be paid on the straight time, not the overtime ACS Services LLC Firm / Signature Principal Title 6/25/2018 Date Contract No. 2018-018 FEE SCHEDULE CONTRACT NO. 2018-023 ON CALL CONSTRUCTION ADMINSTRATION SERVICES (Non federal) The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: EPS GROUP INC. DATE: 6/15/18 PROFESSIONAL DIRECT LABOR HOURLY RATE Principal $60 Project Manager $38.50 Crew Chief $31.25 Crew Member $19 GADD Technician $30.50 Secretary/Clerical $20.70 DIRECT AND OUTSIDE EXPENSES • With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST Photo Copies $.15/copy Mileage $.545/mile SUBCONSULTANT — Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD 145.66 % PROFIT 10% • Overhead and profit can only be paid on the straight time, not the overtime Survey Manager Title 6/15/18 Date Contract No. 2018-023 FEE SCHEDULE CONTRACT NO, 2018-018 ON CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-Federal) The following is a farina/ for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: TRANSCORE ITS LLC DATE: 6/2512018 PROFESSIONAL DIRECT LABOR HOURLY RATE Project Manager $63.56 Project Engineer $33.13 Technician $35.10 Secretary/Clerical $21.46 DIRECT AND OUTSIDE EXPENSES With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST Photo Copies $0.10 Mileage $0.545 SUBCONSULTANT —Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here, NA OVERHEAD 148.018% PROFIT 10% • Overhead and profit can only be paid on the straight time, not the overtime Signature Senior Vice President Title 6/25/2018 Date Contract No. 2018-018 FEE SCHEDULE CONTRACT NO. 2018-018 ON CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-Federal) The following is a format fir the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: NENY0 & MOORE DATE: 6/20/2018 PROFESSIONAL DIRECT LABOR HOURLY RATE Principal Engineer 60.10 Project Engineer 46.44 Project Manager 44.23 Staff Engineer 29.35 Inspector 26.25 Senior Field/Lab Technician 21,75 Field/Lab Technician 19.75 Secretary/Clerical 21.50 DIRECT AND OUTSIDE EXPENSES • With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST B&W Photo Copies (8 1/2 x 11) $0.10 / page B&W Photo Copies (11 x 17) $0,30 / page Color Copies (8 1/2 x 11) $.75 / page Color Copies (11 x 17) $1.50 / page Mileage $0.54 / mile SUBCONSULTANT —Subcoizsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD 156.8 % PROFIT 10% Overhead and profit can only be paid on the straight time, not the overtime Ninyo & Moore Firm Signature Principal/Business Develop ' .../ et , Title , (4 4 7-1.1 IS Contract No. 2018-018 SUB CONSULTANT FEE SCHEDULE CONTRACT NO. 2018-018 ON CALL CONSTRUCTION ADMINISTRATION SERVICES (Non-Federal) The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a Fee Schedule. COMPANY NAME: Structural Grace, Inc. DATE: June 21, 2018 PROFESSIONAL DIRECT LABOR HOURLY RATE Senior Engineer $59.56 Resident Engineer $43.27 Supervising Inspector $37.25 Senior Inspector-IV $33.00 Inspector-Ill $29.44 Inspector-II $26.78 Inspector-I $20.00 Registered Land Surveyor $44.00 Survey Crew Chief $37.50 Survey Technician $28.30 DIRECT AND OUTSIDE EXPENSES • With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. Expense Description Unit Cost Mileage Current GSA rates - $0.545-Mile SUBCONSULTANT — Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD: 121.00% Field; 167.84% Office PROFIT: 10% • Overhead and profit will only be applied to the straight time, not the overtime premium Structural Grace, Inc. Ma$< - Signature Principal/Controller Title June 21, 2018 Date Contract No. 2018-018; MCDOT-On-Call Construction Administration (Non-Federal) FEE SCHEDULE CONTRACT NO. 2018-023 ON CALL CONSTRUCTION AD1VIINSTRATION SERVICES (Non federal) The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: PREMIER ENGINEERING CORPORATION DATE: JUNE 27, 2018 PROFESSIONAL DIRECT LABOR HOURLY RATE Principal $79.57 Survey Project Manager $47.38 Survey Crew Chief $32.17 Survey Crew Technician $24.79 Survey CADD Technician $28.70 Secretary/Clerical $27.85 DIRECT AND OUTSIDE EXPENSES • With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost, UNIT COST Printing/Reproduction At cost Mileage $0.51 per mile SUBCONSULTANT —Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here - NONE OVERHEAD 176.37% PROFIT 10% • Overhead and profit can only be paid on the straight time, not the overtime Premier Engineering Corporation Firm Signature President Title June 27, 2018 Date Contract No. 2018-023 FEE SCHEDULE CONTRACT NO. 2018-018 ON CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-Federal) The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: 32 ENGINEERING & ENVIRONMENTAL DESIGN LLC DATE: 6/26/2018 PROFESSIONAL DIRECT LABOR HOURLY RATE Design Manager $70.05 Project Engineer - Sr $59.16 Project Engineer $45.13 Engineer $40.00 Senior Project Landscape Architect $59,20 Project Landscape Architect $39.55 Designer Sr $39.53 Designer $27.65 Clerical $25.50 DIRECT AND OUTSIDE EXPENSES With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST Photo Copies * n/a * included in our overhead Mileage SUBCONSULTANT Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD 137.08% PROFIT 10% Overhead and profit can only be paid on the straight time, not the overtime J2 Engineering & Environmental Design, LLC Firm Sign President Title 6/26/2018 Date Contract No. 2018-018