CONTRACT 2018-019 HDR CONSTRUCTION.PDF
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ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL)
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
HDR CONSTRUCTION CONTROL CORPORATION
CONTRACT NO. 2018-019
Agenda No. C-64-
ON-CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL)
CONTRACT NO. 2018-019
TABLE OF CONTENTS
SECTION 1 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 6
SECTION V ALTERATION IN SCOPE OF WORK 6
SECTION VI RECORDS 6
SECTION VII WORK ASSIGNMENT COMPLETION 7
SECTION VIII TERMINATION 7
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 14
SECTION XIX PERFORMANCE EVALUATIONS 14
SIGNATURE PAGE 15
ATTACHMENTS
Contract No. 2018-019 Page 2 of 15
EXHIBIT A SCOPE OF WORK
EXHIBIT B - CONSULTANT'S FEE SCHEDULE
Contract No. 2018-019 Page 3 of 15
CONTRACT NO. 2018-019
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 HDR CONSTRUCTION CONTROL CORPORATION, hereinafter called "CONSULTANT",
with its principal offices located at 3200 EAST CAMELBACK ROAD, SUITE 350, PHOENIX, ARIZONA
85018, Telephone Number: (602) 522-7700 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
Services 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 Services 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 Construction
Engineer 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. 2018-019 Page 4 of 15
additional three (3) one (1) year optional renewal 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. 2018-019 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.
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.
Contract No. 2018-019 Page 6 of 15
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, reports, 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
accordance with a court order or procedural rules and notice of such production is given to the
COUNTY immediately and prior to their production.
Contract No. 2018-019 Page 7 of 15
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 subconsultants 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;
(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 No. 2018-019 Page 8 of 15
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.
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
Contract No. 2018-019 Page 9 of 15
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 Transportation 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 (BMPs) 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 XI11—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;
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.
Contract No. 2018-019 Page 10 of 15
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.
CONSULTANT'S insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
Contract No. 2018-019 Page!! of 15
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:
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.
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
of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
Contract No. 2018-019 Page 12 of 15
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.
ixi 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 MCI-1202 of the Maricopa County Procurement Code, any effort to influence an employee
or agent to breach the Maricopa County Ethical Code of Conduct or any 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. 2018-019 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. 2018-019 Page 14 of 15
IN WITNESS WHEREOF, the parties herein have executed this contract,
HDR CONSTRUCTION CONTROL CORPORATION
By
Principal of the Firm
Printed Name
Title
Date
Tax Identification Number
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
RECOMMENDED BY
By
Jennifer Toth, P.E. 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. 2018-019 Page 15 of 15
CONTRACT NO. 2018-019
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 Sin firm.
SBE Firm Name SBE Firm Address 'ypc of Work Performed $ Pd to SLIE this App/bn,
El A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or subcontractor with respect to
this pay application/invoice.
Date:
Signature
Printed Name & Telephone Number
Contract No. 2018-019
CERTIFICATE OF PERFORMANCE
ON CALL CONTRACT 2018-019
The Maricopa County Department of Transportation accepts the completed work by HDR
CONSTRUCTION CONTROL CORPORATION or its subconsultants in connection with the scope of
work described in Contract No. 2018-019. 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. 2018-019
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 HDR CONSTRUCTION CONTROL CORPORATION for Contract
No. 2018-019 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 HDR
CONSTRUCTION CONTROL CORPORATION mutually acknowledge completion and termination of
Contract No. 2018-019.
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. 2018-019
Page 1 of 2
---- 1 6
DATE (MMIDD(YYTY)
ACC)RE) CERTIFICATE OF LIABILITY INSURANCE 06/15/2018
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 policy(ies) 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:
Willis of Minnesota, Inc. PHONE 1-877-945-7378 FAX (NC NO 1-888-467-2378
c/o 26 Century Blvd J.ALC..No.Ext): E-MAIL
P.O. Box 305191 ADDRESS: certif icates0will is . com
Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC t/
INSURER A : Liberty Mutual Fire Insurance Company 23035
INSURED INSURER D : Liberty Insurance Corporation 42404
NM Construction Control Corporation
8404 Indian Kills Drive. INSURER C :
Omaha, NE 68114 INSURER D :
INSURER E:
INSURER F:
VERAGES CERTIFICATE NUMBER: W6497331 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. NOTVVITHSTANDING 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 SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDNYYY) (MMIDD/YYTY)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED 1,000,000
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $
A X Contractual Liability MED EXP (Any one persen) 10,000
Y Y T52 - 641 -444950 -038 06/01/2018 06/01/2019 PERSONAL & ADV INJURY $ 2,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICY X 7 ei X LOC PRODUCTS - COMP/OP AGG $ 4,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000
rEa accident)
X ANY AUTO BODILY INJURY {Per person) $
A OWNED Mims ONLY SCHEDULED AUTOS Y Y AS2 - 641 - 444950 -048 06/01/2018 06/01/2019 BODILY INJURY(Paraccidenl} 4
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident)
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
Et
EXCESS LIAB CLAIMS-MADE Y Y T1E7-641-444950-06E1 06/01/2018 06/01/2019 AGGREGATE $ 5,000,000
DED RETENTION $ $
WORKERS COMPENSATION X MUTE 0TH- ER
AND EMPLOYERS' LIABILITY Y / N 1,000,000
B ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICERNEMBEREXCLUDED? No NIA Y RA7-64D-444950-018 06/01/2018 06/01/2019 1,000,000
(Mandatory in NH) F.L. DISEASE - FA EMPLOYEE $
If DESCRIPTION yes, describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess
Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on
General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written
contract. Umbrella/Excess policy is Follows Form over General Liability, Auto Liability and Employers Liability.
Re: Contract 2018-019 On-Call Construction Administration Services (Non Federal) .
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 Department of Transportation AUTHORIZED REPRESENTATIVE
Attn: Contracts Branch
2901 West Durango Street
Phoenix, AZ 85009-6357 / 7"-- 1 . ble-4/1--
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
SR ID 16316481 HATCH 751857
AGENCY CUSTOMER ID:
LOC #:
,----"1
As,cciRDP ADDITIONAL REMARKS SCHEDULE
....„___
AGENCY NAMED INSURED
HDR Construction Control Corporation
Willis of Minnesota , InC. 8404 Indian Hills Drive
POLICY NUMBER Omaha, NE 68114
See Page 1
CARRIER NAIC CODE
See Page 1 See Page 1 EFFECTIVE DATE: See Page 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Additional Insureds: Maricopa County Department of Transportation, Maricopa County, their agents, representatives,
officers, directors, officials, and employees.
ACORD 101 (2008101) 2008 ACIDRD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: 16316481 Imcs: 751857 CERT : w6497331
Policy Number: TB2-641-444950-038
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Location(s):
All locations owned by or rented to the Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally b. Claims made or "suits" brought; or
obligated to pay as damages caused by "occur- c. Persons or organizations making claims or
rences" under Section I — Coverage A, and for all bringing "suits".
medical expenses caused by accidents under
Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for
only to operations at a single designated "loca- damages or under Coverage C for medical
tion" shown in the Schedule above: expenses shall reduce the Designated Loca-
tion General Aggregate Limit for that desig-
1. A separate Designated Location General nated "location". Such payments shall not re-
Aggregate Limit applies to each designated duce the General Aggregate Limit shown in
"location", and that limit is equal to the the Declarations nor shall they reduce any
amount of the General Aggregate Limit other Designated Location General Aggre-
shown in the Declarations. gate Limit for any other designated "location"
2. The Designated Location General Aggregate shown in the Schedule above.
Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each
damages under Coverage A, except damag- Occurrence, Damage To Premises Rented To
es because of "bodily injury" or "property You and Medical Expense continue to apply.
damage" included in the "products-completed However, instead of being subject to the
operations hazard", and for medical expenses General Aggregate Limit shown in the Decla-
under Coverage C regardless of the number rations, such limits will be subject to the appli-
of: cable Designated Location General Aggre-
a. Insureds; gate Limit.
CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2
B. For all sums which the insured becomes legally C. When coverage for liability arising out of the
obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro-
rences" under Section] — Coverage A, and for all vided, any payments for damages because of
medical expenses caused by accidents under "bodily injury" or "property damage" included in
Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will
tributed only to operations at a single designated reduce the Products-completed Operations Ag-
"location" shown in the Schedule above: gregate Limit, and not reduce the General Ag-
1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen-
damages or under Coverage C for medical eral Aggregate Limit.
expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi-
under the General Aggregate Limit or the nitions Section is amended by the addition of
Products-completed Operations Aggregate the following definition:
Limit, whichever is applicable; and "Location" means premises involving the same or
2. Such payments .shall not reduce any Desig- connecting lots, or premises whose connection is
nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway
or right-of-way of a railroad.
E. The provisions of Section III — Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09
Policy Number: TI32-641-444950-038
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
All construction projects not located at premises owned, leased or rented by a Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for
obligated to pay as damages caused by "occur- damages or under Coverage C for medical
rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con-
medical expenses caused by accidents under struction Project General Aggregate Limit for
Section I — Coverage C, which can be attributed that designated construction project. Such
only to ongoing operations at a single designated payments shall not reduce the General Ag-
construction project shown in the Schedule gregate Limit shown in the Declarations nor
above: shall they reduce any other Designated Con-
1. A separate Designated Construction Project struction Project General Aggregate Limit for
General Aggregate Limit applies to each des- any other designated construction project
ignated construction project, and that limit is shown in the Schedule above.
equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each
Limit shown in the Declarations. Occurrence, Damage To Premises Rented To
2. The Designated Construction Project General You and Medical Expense continue to apply.
Aggregate Limit is the most we will pay for the However, instead of being subject to the
sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla-
cept damages because of "bodily injury" or rations, such limits will be subject to the appli-
"property damage" included in the "products- cable Designated Construction Project Gen-
completed operations hazard", and for medi- eral Aggregate Limit.
cal expenses under Coverage C regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 El
B. For all sums which the insured becomes legally C. When coverage for liability arising out of the
obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro-
rences" under Section I — Coverage A, and for all vided, any payments for damages because of
medical expenses caused by accidents under "bodily injury" or "property damage" included in
Section 1 — Coverage C. which cannot be at- the "products-completed operations hazard" will
tributed only to ongoing operations at a single reduce the Products-completed Operations Ag-
designated construction project shown in the gregate Limit, and not reduce the General Ag-
Schedule above: gregate Limit nor the Designated Construction
1. Any payments made under Coverage A for Project General Aggregate Limit.
damages or under Coverage C for medical D. If the applicable designated construction project
expenses shall reduce the amount available has been abandoned, delayed, or abandoned
under the General Aggregate Limit or the and then restarted, or if the authorized contract-
Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de-
Limit, whichever is applicable; and signs, specifications or timetables, the project will
2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro-
nated Construction Project General Aggre- ject.
gate Limit. E. The provisions of Section III — Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09
POLICY NUMBER: TB2-641-444950-038 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or
include as an additional insured the person(s) or equipment furnished in connection with such
organization(s) shown in the Schedule, but only work, on the project (other than service,
with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or
damage' or "personal and advertising injury" on behalf of the additional insured(s) at the
caused, in whole or in part, by: location of the covered operations has been
1. Your acts or omissions; or completed; or
2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the
behalf; injury or damage arises has been p ut to its
intended use by any person or organization
in the performance of your ongoing operations for other than another contractor or subcontractor
the additional insured(s) at the location(s) engaged in performing operations for a
designated above. principal as a part of the same project.
However: C. With respect to the insurance afforded to these
1. The insurance afforded to such additional additional insureds, the following is added to
insured only applies to the extent permitted by Section III — Limits Of Insurance:
law; and If coverage provided to the additional insured is
2. If coverage provided to the additional insured is required by a contract or agreement, the most we
required by a c ontract or agreement, the will pay on behalf of the additional insured is the
insurance afforded to such additional insured amount of insurance:
will not be broader than that which you are 1. Required by the contract or agreement; or
required by the contract or agreement to provide
for such additional insured. 2. Available under the applicable Limits of
Insurance shown in the Declarations;
B. With respect to the insurance afforded to these
additional insureds, the following additional whichever is less.
exclusions apply: This endorsement shall not increase the
This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the
"property damage" occurring after: Declarations.
CG 20 10 04 13 0 ISO Properties, Inc., 2012 Page 1 of 2 El
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization with whom you have
agreed, through written contract, agreement or
permit to provide additional insured coverage.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 2 of 2
POLICY NUMBER: TB2-641-444950-038 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
Any person or organization to whom or to which Any location where you have agreed, through
you are required to provide additional insured written, contract, agreement or permit, to provide
status in a written contract, agreement or permit additional insured coverage for completed
except where such contract or agreement is operations.
prohibited.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to Section
organization(s) shown in the Schedule, but only III— Limits Of Insurance:
with respect to liability for "bodily injury" or If coverage provided to the additional insured is
"property damage" caused, in whole or in part, by required by a contract or agreement, the most we
"your work" at the location designated and will pay on behalf of the additional insured is the
described in the Schedule of this endorsement amount of insurance:
performed for that additional insured and
included in the "products-completed operations 1. Required by the contract or agreement; or
hazard". 2. Available under the applicable Limits of
However: Insurance shown in the Declarations;
1. The insurance afforded to such additional whichever is less.
insured only applies to the extent permitted This endorsement shall not increase the applicable
by law; and Limits of Insurance shown in the Declarations.
2. If coverage provided to the additional insured
is required by a c ontract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number TB2-641-444950-038
Issued by
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
Schedule
Person or Organization: Where required by written contract.
If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or
any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an
additional insured on this policy, this policy will apply solely on the basis required by such written agreement and
Paragraph 4. Other Insurance of Section IV - Conditions will not apply. If the applicable written agreement does
not specify on w hat basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of
Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the
additional insured for which it is also covered as an additional insured by attachment of an endorsement to another
policy providing coverage for the same "occurrence", claim or "suit".
LC 24 20 02 13 © 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY NUMBER: AS2-641-444950-048 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR COVERED
AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
As required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section Ii —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1
A52-641-444950-048
Poky NIrrnher
Issued by: Liberty Mutual Eire insurance Co.
11-IIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED • NONCONTRIBUTING
This endersemeni modifies Insuranee provided under the tellev.4ng:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIERS COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this undorsorrent, the provisions of the Coverage Form apply onles
modified lay thle. endorsement
This endorsement identifies pen() or organization(s) who ore Insureds^ under the Who Is An Insured
Provision of the CoVerage Form. This endorsement does not alter coverage provided in the Coverage form.
Schedule
Name of Person(e) or Organizations(6):
Any person or organizatiOn where the 14;rnod insured has agreed by writ=r.en
contract to include euch per-non or organization
Regarding Designated Contract or Project
Any
Each person or organization shown in the Schedule of this endorsement is an 'insured" for Liability Coverage, but
only to the extant that person or organization qualifies as an "Insured" under trio Who is An Insured Provision
contained in Section II of the Coverage Form.
The following is added to the Other Insurance Condition:
If you have agrced in a written agreement that this policy will ho primary one without right of contribution
from any insurance iri force for an Additional Insured for liability arising out of your operations, and the
agreement was executed prier to the 'bodily Injury" or "property damage", then this insurance will be
primary and We Will MA greek Cflebli belie') from such Insurance.
AC 84 23 08 11 0 2010, Uhorty Mutual Group of Companies. All rights reserved Page 1 oi I
Include:1 copyrighted material of Insolence Services Office, Inc.,
WM its permission.
POLICY NUMBER: TB2-641-444950-038
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization: As required by written contract or agreement
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done un der a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1
POLICY NUMBER: AS2-641-444950-048 COMMERCIAL AUTO
CA 1:14 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any person or organization for whom you perform work under a written contract of the contract requires you to
obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others
To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the
extent that subrogation is waived prior to the
"accident" or the "loss" under a c ontract with that
person or organization.
CA 04 44 '10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Where required by contract or written agreement prior to loss.
Issued by:
For attachment to Policy No WA7-64D-444950-018 Effective Date 610112018 Premium
Issued to:
WC 00 03 13 0 1983 National Council on Compensation Insurance, Inc. Page 1 of 1
Ed. 4/1/1984
Policy Number TB2-641-444950-038
Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) / Email Address or mailing address: Number Days Notice:
Organization(s):
Per Schedule on File 30
A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in
coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the
email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the
cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first
named insured.
B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy
only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate
cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 04 03 14 © 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Policy Number AS2-641-444950-048
Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) / Email Address or mailing address: Number Days Notice:
Organization(s):
Per Schedule on File 30
A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in
coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the
email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the
cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first
named insured.
B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy
only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate
cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 04 03 14 @ 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF MATERIAL CHANGE
We will not make changes that reduce the insurance afforded by this policy until written notice of such
reduction has been delivered to those scheduled below at least 30 days before the effective date of the
material change to the insurance afforded by this policy.
Our failure to provide notice under this endorsement will not affect the validity of the changes except as it
relates to the person or organization listed below.
NAME ADDRESS
Per Schedule on file.
In no event will the notification be less than the minimum days required for notification by state statute.
Notification will be provided to all parties in a manner as required by state statute, if any.
This endorsement is executed by the Liberty Insurance Corporation
Premium:
Effective Dale: 6/1/2018 Expiration Date: 611/2019
For attachment to Policy No: WA7-64D-444950-018
Countersigned by
End. Serial No.
WC 99 20 15
Page 1 of 1
Ed. 09101/2010
Copyright 2010 Liberty Mutual Group of Companies. All Rights Reserved
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 99 20 74
(Ed. 12-16)
NOTICE OF CANCELLATION TO THIRD
PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will
notify the persons or organizations shown in the Schedule below by email as soon as
practical after notifying the first Named Insured.
B. This advance email notification of a pending cancellation of coverage is intended
as a courtesy only.
Our failure to provide such advance notification will not extend the policy
cancellation date nor negate cancellation of the policy.
SCHEDULE
Name of Other Person(s) / Organization(s):
Per Schedule on file with Company 30 Days
All other terms and conditions of this policy remain unchanged.
Issued by
For attachment to Policy No. WA7-64D-444950-018 Effective Date 6/01/2018 Premium $
Issued to
An interactive On-Call Consultant Payment Request Form is available on
the Maricopa County Department of Transportation website:
http://wvvw.mcdot.rnaricopa.qov/procurement/forrns.aspx
Contract No. 2018-019
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
• 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. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964);
• 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 1973), 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 program is Federally assisted.
Specific Assurances
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. § 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 Maricopa County Department of Transportation, in accordance with the provisions of
Title VI of the Civil Rights Act of 1964 (78 Mat, 252.42 U.S.C. §§ 2000d-4) and the Regulations,
hereby notifies oil 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 insert 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.
5. 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 and 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 ID 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
or improved under the applicable activity, project or program.
8. 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, or 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 following
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 comply)
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.
Maricopa 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)
by DATED
igndture of Authorized Official)
Attachments
Appendices A, B, C, D, E
APPENDIX A
During 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 from 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 origin 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 competitive 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 directives 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 fails 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 provisions 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 payments 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 all 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 unto 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 Maricopa 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 he otherwise subjected to discrimination with regard to any
facility located wholly or in part on, over, or under such lands hereby conveyed [.] [and)* (2) that the Maricopa
County Department of Transportation will use the lands and interests in lands 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 instr uctio n}.*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to make clear the purpose 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, 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. 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, etc.) 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 breach 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 purpose of Title VI.
APPENDIX D: CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY
ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be 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 on 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, licensee,
lessee, permittee 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-discrimination 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.*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to make clear the purpose of Title VI.
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-Discrimination Authorities:
• 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): 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
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C, § 794 et seq.), as 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 seq.), (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 race, creed, color, national origin, or sex);
• 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 II 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;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, 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. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1687 et seq).
EXHIBIT A
SCOPE OF WORK
CONTRACT NO. 2018-019
ON-CALL CONSTRUCTION ADMII\ IS TRATIOI\
(\ ON-FEDERAL)
EXHIBIT A
CONSULTANT'S SCOPE OF WORK
ON-CALL CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT NO. 2018-018, 2018-019, 2018-020, 2018-021, 2018-022 and 2018-023
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
Firms, 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.
CONSTRUCTION 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, constinctability 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 Maricopa 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 Checklist 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 project 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.
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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
submitted 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 required 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.
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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 instructions, 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 Perform all inspection and field documentation to adequately record the quality
of the work as it is being constructed by the contractor.
3.2.2 Perform 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
project 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 project 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.
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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
• Certified as an Engineer-in-Training by the State of Arizona with one
year of applicable experience, acceptable to the COUNTY
• 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
WET 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).
• 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 Perform 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.
• 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. Al! 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 weekly. 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 final 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, MAG and MCDOT Supplements. A more detailed Scope
of Work and specific documents will be provided at the time 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
CO SULTAN T'S FEE PROPOSAL
CONTRACT NO. 2018-019
ON-CALL CONSTRUCTION ADMINISTRATION
(NON-FEDERAL)
FEE SCHEDULE
CONTRACT NO, 2018-019
ON CALL CONSTRUCTION ADMINISTRATION SERVICES (NON-FEDERAL)
COMPANY NAME: H DR CONSTRUCTION CONTROL CORPORATION DATE: 6/25/18
PROFESSIONAL DIRECT LABOR HOURLY RATE
Principal $95.75
Project Manager $95.75
Senior Resident Engineer $86.41
Resident Engineer $56.58
Chief Inspector (Inspector V) $48.32
Inspector IV $39.59
Inspector III $32.30
Inspector II $26.90
Materials Coordinator $33.81
Office Manager $37.86
Plan Reviewer $87.66
Project Schedule Reviewer $67.79
Construction Cost Estimator $69.12
Independent Construction Expert $89.57
Registered Landscape Architect $52.24
Registered Land Surveyor $60.66
Accountant $43.98
Office Administration $27.00
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 At cost
Equipment At cost
Laptop Computers $0.00 (in overhead)
Cell Phone $0.00 (in overhead)
Mileage $0.545/mile (or current GSA
rate allowed)
Field Office (if requested) At cost
SUBCONSULTANT Subconsultants must also submit a Fee Schedule.
List Firm Names of all Subconsultants here.
AECOM
Corral Design Group, Inc.
EPS Group, Inc.
Ninyo & Moore
Stormwater Plans, LLC
Contract No. 2018-019
OVERHEAD 113.2414%
PROFIT 10%
• Overhead and profit can only be paid on the straight time, not the overtime
• Overtime premium is included in the overhead pool as part of general indirect labor.
• COLA to be negotiated on annual basis.
HDR Construction Control Corporation
Firm
Nahepdath
maker salah (Jun 26, 2012)
Signature
Associate Vice President
Title
Jun 26, 2018
Date
Contract No. 2018-019
Exhibit B — Fee Schedule
On Call Construction Administration Services (Non Federal)
FEE SCHEDULE
CONTRACT NO. 2018-023
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: AECOM TECHNICAL SERVICES, INC. DATE: 6/19/2018
PROFESSIONAL DIRECT LABOR HOURLY RATE
CM Resident Engineer $57.35
Sr. Inspector $37.65
Inspector $31.99
Traffic Control Inspector $35.99
Landscape Architect $47.72
Sr. Office Manager $38.07
Office Manager $36.72
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 $.54 / mile
SUBCONSULTANT — Subconstdtants must also submit a Fee Schedule.
List Finn Names of all Subconsultants here.
N/A
OVERHEAD 136.85%
PROFIT 10%
• Overhead and profit can only be paid on the straight time, not the overtime
/9000/1/2 C SfEiel// CkS
Firm
Signature
14jco 1"/C/E
Title
Date
Contract No. 2018-019
Exhibit B — Fee Schedule
On Call Construction Administration Services (Non Federal)
FEE SCHEDULE
CONTRACT NO. 2018-019
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: CORRAL DESIGN GROUP, INC. DATE: 6/20/18
PROFESSIONAL DIRECT LABOR HOURLY RATE
Project Manager
Project Engineer
Registered Landscape Architect $42.06
Technician
Secretary/Clerical
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
SUBCONSULTANT Subconsultants must also submit a Fee Schedule.
List Firm Names of all Subconsultants here.
OVERHEAD 128.48 %
PROFIT 10%
• Overhead and profit can only be paid on the straight time, not the overtime
Corral Design Group
Firm
Signature
President
Title
6/22/18
Date
Contract No. 2018-019
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.
COIVEPANY NAME: EPS GROUP DATE: 6/15/18
PROFESSIONAL DIRECT LABOR HOURLY RATE
Principal $60
Project Manager $38.50
Crew Chief $31.25
Crew Member $19
CADD 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. 2018-019
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: NINYO & 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 Subconsultants 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
Signature
Principal/Business Development Manager
Title /
tel zvtle,
Date
Contract No. 2018-019
FEE SCHEDULE
CONTRACT NO, 2018-019
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: STORMWATER FLANS, LLC DATE: 06/20/2018
PROFESSIONAL PROPOSED HOURLY RATES
Sr. Resident Engineer $200.34
Inspector III $81.98
Inspector II $72.70
Office Manager $80.88
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
Mileage $0.535/Mile
SUBCONSULTANT — Subconsultants must also submit a Fee Schedule.
List Finn Names of all Subconsultants here.
OVERHEAD Negotiated Rates
PROFIT Negotiated Rates
• Overhead and profit can only be paid on the straight time, not the overtime
Stormwater Plans, LLC
Firm Ima.tdbAltr,,,,,sarnm,r.15 en-Atetky snv. eu,
Pm MI..
Signature
General Manager
Title
06/26/2018
Date
Contract No. 2018-019