CONSULTANT ENGINEERING INC - CONTRACT 2017-044.PDF

Federal
CONSULTANT SERVICES CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
CONSULTANT ENGINEERING, INC,
FOR
NORTHERN PARKWAY: DYSART ROAD TO 1117! AVENUE, CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT NO. 2017-044
TRACS NO. $Z046 01C
FEDERAL AID NO. STP-MMA-0(239)F
C-64-

CONSULTANT SERVICES
CONTRACT NO. 2017-044
TABLE OF CONTENTS
SECTION | SERVICES OF CONSULTANT ......ccssscsscsntesssnesssssessnessanessaseessseessuneesssiessssecssensantessuseessessareeesunessseeese 5
SECTION IT PERIOD OF SERVICE... cssssesssesecssssecsncassanessasecsanessasessaseesuiasssuseeaseessseesueetsnseessuresssecensesssneessnnennes 5
SECTION II] PAYMENTS TO THE CONSULTANT .......cccssessssscsssscecsnsesseerssessatsensiessnssanensarevseneaneensnseaeeseesasseasess 6
SECTION IV PROMT PAY LEGISLATION ....cssscssseesstesseecssussisesssssecssesessseeneensenteoneeestssseeeesseseeraatenseesseeeasesaessates 6
SECTION V DISPUTE ESCALATION.......sssssssessssssssecosconsessssssecssransacessasesssvassaaseessiassameesaaeeaacassaatesuaneaneessaasesesecaes 7
SECTION VI ARBITRATION — wascsscsssecsesssssssesstessetesssessasscceessnseescenseeeneesseessaueraueessuesseceasassnessueceasessenasesssssansenens 8
SECTION VII COUNTY’S RESPONSIBILITIES....ccscstcssssstessssessscesessaseestessessserssessscessecesnseeseesssseniennanesnvesnensanes 8
SECTION Vill ALTERATION IN SCOPE OF WORK .u.....ccscssssscrsssessncessensssecsensessieeneseoneesscessasessensnessacesnstsssseeneny 8
SECTION IX RECORDS RETENTION, MAINTENANCE AND AUDIT ....ccsssescssssseseecsssesssessecsersrasessesseceseeaneesensas 9
SECTION X PROJECT COMPLETION. ..scsssssssssssssseesrssscesnsssnesnssensessessnsonssseceaneansesanensesaesseessaseassesnevesnarsustaseensess 9
SECTION XI SUSPENSION OF WORK,.......cccssessssesssssssseseesseseeesessncenseseesscascesscessueesaseaseeateeneeaeessenaneenrennrenenssetans 9
SECTION XIf TERMINATION... .ccscsssssssssssscsssessesessueesnseneueesecorsossossseneenesersonsssearsanenecaseaceassaceasansacsaesnesacsaes 10
SECTION XII] OWNERSHIP OF DATA.....sesssssssessseessesssessencsseeaseenseressaseasecantensenstesasescesseseaessaseerenseeseenenseanennense 10
SECTION XIV COMPLIANCE WITH LAWS .........ssssscccsscssssseersssssssecssessserssesensteasssneearessasstesnnsseeeacenneecenniesrenens 11
SECTION XV GENERAL CONSIDERATIONS ....ccsssesssessescestsssessseesessancessseescesseensseeeoresseenssecsenensaneannesaeessaseasss 12
SECTION XVI SUCCESSORS AND ASSIGNS .......scsssesscscsssesrcescesescaseeseeesseaseensteensesnssueeaersnseasenrescessanreateanenss 13
SECTION XVII NO KICK-BACK CERTIFICATION.....cscscscsstssseeseeseseuseeseeseseonseeteconssenssnrsennraneaneencenseesnessnesaneey 13
SECTION XVill ANTI-DISCRIMINATION PROVISION.....ccscssssssssesescssessseessstssessseessseancenseentencessmtenneeneennessenses 14
SECTION XIX INDEMNIFICATION ....cscsssssccsscessssessseesseessasesvassaeesseeeoressensessereneesarensssneaseessessuarsaseessessneceseersetsaats 14
SECTION XX ANTI-TRUST VIOLATIONS. ....ccsssccscsssecsseecsssessenesssrascestestasssesseesseeenrerereessontencensessnssesaneesneessesy 14
Contract No. 2017-044 Page 2

SECTION XXI PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION.....csssscsscsssscseestesses 14
SECTION XXII IMPROPER EXERCISE OF AUTHORITY.......ssssccsscsstesssscsssssssssssseescessesssssersaessesaneessensecensareess 15
SECTION XXII] CONFLICTS OF INTEREST .....ssssescssssssescssresssncessensssressueecsssessaceesatersncassamecencessanessnaeeenisassncesy 15
SECTION XXIV ORGANIZATION EMPLOYMENT DISCLAIMER. ...ssssssssssssssssssesssesssnsesseeesssseesseersseerssseessees 15
SECTION XXV FEDERAL DEBARMENT AND SUSPENSION .......csssscesssesssscesssessesrsnsersessssersaseesessasesaneenversss 15
SECTION XXVI SUBCONTRACTS.....csscscsessssssesssnececenensenscaseesaeeessessaatessseessnsecasenseenssseesseenessessaessoeeesnnessae 16
SECTION XXVII CONTINUING OBLIGATION......ccsscssssscerssssessncessessssessssseessscessaeessaseesseessusceensessesessaneessseessneess 16
SECTION XXVIil NAME CHANGE, MERGER, ACQUISITION, CONSOLIDATION AND/OR TRANSFER OF
OWNERSHIP ..,sesseesseessesecetsssessasseessasssssenssscessecessnensanenes seseyensueraeencevensaseenstassssasestesnesseseuteanseateeneecessenanessneenss 16
SECTION XXIX ANTI-LOBBYING......csssscsssssssssccsssecsssuscssessennserenressensanessaneeesneeeesseensensanseesaeersaneessasesuenssanieenceeess 18
SECTION XXX FINALINCURRED COST AUDIT ......csscesssssesssscessescantessessessieessseesesecsneessersteneensusesssnessanessaen 18
SECTION XXXI REVIEW AND INSPECTIONS..........cccsscsssesssecsssessnrescensnessneessntesessaceescessaseesseesseesusteneesuuecssrees 19
SECTION XXXII PROPERTY OR EQUIPMENT ....cccsscscsseerssseseesessesentsasceasesssecencecessssssecsnrenreeacencessersasesantennensny 19
SECTION XXXII NONDISCRIMINATION .....csscsscsassssescesseeecesseessesseereneeescesssiesaseesenssnersseesaesseesatessetsasencaneans 19
SECTION XXXIV AFFIRMATIVE ACTION (FOR FEDERAL-AID CONTRACTS)....c.-csssecccteseereneeseenseeessasens 21
SECTION XXXV PROFESSIONAL SERVICES DBE PROVISIONS......ccsssssssseessstsssseestssasesnerssrecsssenenses 21
SECTION XXXVI ENVIRONMENTAL PROTECTION ..cssesessssscsscescencessessssssessscessseerseavecsnessesseeraneaneesensienearesaney 42
SECTION XXXVI] ENERGY CONSERVATION .......ccsssscssscccceesssessnseersesesseesseessasssassateaeestasccessesseeraneaneesveenneeneny 42
SECTION XXXVIII PATENTS AND COPYRIGHTS. ....c.scssssssecsssccsseestesssessserssnesentenceessessasersacessersnsensieessteenetey 42
SECTION XXXIX FRAUD AND FALSE STATEMENTS. ..scsssscsssesssesessecesnecsrecotersssosssseeneeanesscencessansaseanessaneass 42
SECTION XL FEDERAL IMMIGRATION AND NATIONALITY ACT 42
.......:ssssssssssssresssssssncestesssesssseesnensunstsnseesens
SECTION XL] PANDEMIC CONTRACTUAL PERFORMANCE ..........sccsssssssersssensssssecssescisstsinasestscsseneecenes 44
Contract No. 2017-044 Page 3

SECTION XLII PERFORMANCE EVALUATIONS. ....ccccsssssncenscsescerseaveseensersacseeisarneniscseriereneseees 45
SECTION XLII] CONTRACT COMPLETION.......csscscsssesussscscscescssnesmnerscrcsenaneanereesesnessscessecseateseerseey 45
SECTION XLIV INFLUENCE.....csscsssscsssssrsensesesseessersessesseceeeeeseesersuesssacsasssaeeneeneesenseeneenessesneaseneeaeeanneasecnanens 45
SECTION XLV INSURANCE REQUIREMENTS. .......cssssccssscssssecesscseresssecerserseceessetestesernesseresrastersteceents 46
SECTION XLVI TITLE VI .escscssscssessessssessanessenvensscenesescessareansescesssessaveesserssassanasvanessaseanseavessaseeneesessateesiasseneoaeens 48
SIGNATURE PAGE ..scccssssssscscessssssanessssessnsensanssesssucaraseenensvaneancesscavsseearsessunesauseacenceseustencarsnneanseeaeassateansesenasentess 49
ATTACHMENT 1 - CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS PROMPT
PAY AND PAYMENT REPORTING PROVISIONS
ATTACHMENT 2 - APPENDIX C - PART 26 PARTICIPATION BY DBE IN DEPARTMENT OF
TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS (WITH PART 26 APPENDIX A - GUIDANCE
CONCERNING GOOD FAITH EFFORTS)
ATTACHMENT 3 - APPENDIX D — CONSULTANT EVALUATION PROGRAM GUIDELINES
ATTACHMENT 4 - TITLE VI ASSURANCES
ATTACHMENT 5 - DBE CONSULTANT INTENDED PARTICIPATION AFFIDAVIT
ATTACHMENT 6 - DBE SUBCONSULTANT INTENDED PARTICIPATION AFFIDAVIT
ATTACHMENT 7 - CONSULTANT CERTIFICATION OF GOOD FAITH EFFORTS
ATTACHMENT 8 — CERTIFICATE OF PAYMENTS TO DBE FIRMS
ATTACHMENT 9 ~ CERTIFICATE OF PERFORMANCE
ATTACHMENT 10 - CERTIFICATE OF INSURANCE
ATTACHMENT 11 - SBE PROGRAM PARTICIPATION REPORTING FORM
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - CONSULTANT’S FEE SCHEDULE
Contract No. 2017-044 Page 4

CONSULTANT SERVICES
CONTRACT NO. 2017-044
Pursuant to the provisions of the Arizona Revised Statutes § 11-201 the Maricopa County Board of
Supervisors has the authority to enter into contracts.
The Maricopa County Department of Transportation, hereinafter called the “COUNTY”, is desirous of
having certain professional services performed in connection with Contract No. 2017-044, Northern
Parkway: Dysart Road to 111" Avenue Construction Administration Services, hereinafter called the
“Project”, and as more fully described in Exhibit A, Scope of Work, and in accordance with Exhibit B, Fee
Proposal, attached; and CONSULTANT ENGINEERING, INC., hereinafter called “CONSULTANT”, with
its principal offices located at 10625 North 25% Avenue, Suite 200, Phoenix, Arizona 85029, (602) 866-
5090, subject to the following terms and conditions:
THEREFORE, the parties hereto mutually agree as follows:
SECTION I—SERVICES OF THE CONSULTANT
The CONSULTANT, under the general supervision of the COUNTY, Permitting, Construction & Inspection
Division, Manager, shall prepare studies, reports, surveys, plans, drawings, specifications, and cost
estimates as are necessary for the Project according to the directions and designated standards of the
COUNTY, and in accordance with Exhibit A, Scope of Work. It is understood and agreed that the COUNTY
authorized representative shall be the COUNTY Permitting, Construction & Inspection Division, Manager or
his duly authorized representative, hereinafter called the “Agent”. For purposes of this contract, the Agent's
duly authorized representative shall be the Senior 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 the schedule defined in Exhibit A, Scope of Work.
The CONSULTANT shall promptly advise the Agent of any factors which develop during the Project that
would likely result in construction or design costs in excess of budgetary constraints.
SECTION II-PERIOD OF SERVICE
The CONSULTANT shall complete all work for Northern Parkway: Dysart Road to 111% Avenue
Construction Administration Services in accordance with the time requirements provided in Exhibit A,
Section A, Scope of Work, within One Thousand One Hundred Twenty Five (1125) Calendar Days after
receipt of the Notice to Proceed. Should extension of this contract period be necessary, and any such
extension(s) continue the date of contract performance for a time period of more than one (1) year from the
original date of contract expiration, adjustment(s) of the CONSULTANT’s fee(s) may, upon agreement by
both the COUNTY and the CONSULTANT, be made in accordance with the Consumer Price Index for
Urban Consumers, Western Division, published by the U.S. Department of Labor, Bureau of Labor
Statistics, using the published edition coinciding with the initial contract expiration date. Any such fee
adjustment shall only apply to the extended contract time period.
Contract No. 2017-044 Page 5

SECTION III—PAYMENTS TO THE CONSULTANT
The CONSULTANT shall be paid for work under this contract a Cost Plus Fixed Fee Not to Exceed (CPFF-
NTE) amount of $4,702,518.03 plus a fee not-to-exceed $447,700.00 for allowances as identified below
and in accordance with the Scope of Work. The COUNTY will compensate CONSULTANT for
unscheduled overtime work, which has been pre-approved in writing by the COUNTY, at the actual rates
specified in Exhibit B, Consultant's Cost Proposal Summary
ALLOWANCE TOTAL
Overtime Allowance — CEI $187,100.00
Overtime Allowance — Tristar $19,500.00
Overtime Allowance — QT ; $45,300.00
Office Cost Allowance $195,800.00
The CONSULTANT shall be paid for work under this contract in accordance with the Scope of Work a Cost
Plus Fixed Fee Not to Exceed (CPFF-NTE) amount of FIVE MILLION ONE HUNDRED FIFTY THOUSAND
TWO HUNDRED EIGHTEEN DOLLARS AND THREE CENTS ($5,150,218.03), plus any adjustments that
have been approved in writing in accordance with the Maricopa County Procurement Code, However, the
COUNTY does not guarantee either a minimum or maximum fee under this contract, and CONSULTANT,
in accepting this contract, does not expect the payment of either a minimum or maximum fee. For not-to-
exceed contract payments will be made for the actual hours worked and actual expenses incurred as
provided in Exhibit B, Consultant's Fee Schedule.
The final invoice shall be paid to the CONSULTANT, as applicable, within forty-five (45) calendar days
after:
A. final completion of all work per Exhibit A, Scope of Work,
B. acceptance of the work by the COUNTY,
C. final completion of all work per Exhibit A, Scope of Work,
D. acceptance of the work by the COUNTY,
E. the COUNTY’s receipt of the fully executed “Certificate of Performance” form.
SECTION IV - PROMPT PAY LEGISLATION {A.R.S. §34-221)
If satisfactory progress is being made, the contractor will receive a payment based on the amount of work
completed. Progress payments may be made by the LPA/ Subrecipient Procurement Office to the
contractor on the basis of an approved estimate of the work performed during a preceding period of time.
The progress payments shall be paid on or before 14 days after the estimate of the work is approved. The
estimate of the work shail be deemed received by the LPA/Subrecipient Procurement Office on submission
to the person designated by the LPA/Subrecipient Procurement Office for the submission, review or
approval of the estimate of the work. The LPA/Subrecipient Procurement Office by mutual agreement may
make progress payments on contracts of less than 90 days and shall make monthly progress payments on
all other contracts. Payment to the contractor on the basis of a duly certified and approved estimate of the
Contract No. 2017-044 Page 6

work performed during the preceding calendar month under the contract may include payment for material
and equipment.
An estimate of the work submitted shall be deemed approved and certified for payment after seven days
from the date of submission unless before that time the LPA/Subrecipient Procurement Office or Designee
prepares and issues a specific written finding setting forth those items in detail in the estimate of the work
that are not approved for payment under the contract. The contractor shall work with the LPA/Subrecipient
or the LPA/Subrecipient Designee to finalize monthly estimate. The progress payments shall be paid on or
before 14 days after the estimate of the work is certified and approved in accordance with Arizona Revised
Statutes Section 34-221,
The contractor shall pay to the contractor's subcontractors or material suppliers and each subcontractor
shall pay to the subcontractor's subcontractor or material supplier, within seven days of receipt of each
progress payment the respective amounts allowed the contractor or subcontractor on account of the work
performed by the subcontractors, to the extent of each subcontractor's interest, except that no contract for
construction services may materially alter the rights of any contractor, subcontractor or material supplier to
receive prompt and timely payment.
A subcontractor may notify the LPA/Subrecipient Procurement Office in writing requesting that the
subcontractor be notified by the Subrecipient Procurement Office in writing within five days from payment of
each progress payment made to the contractor. If unsatisfactory progress has not been made on the
project, MCDOT may, at its sole option, refuse to make progress payment(s) of such sums, which MCDOT
considers necessary. This provision shall not limit MCDOT’s rights to terminate the Contract for default.
The CONSULTANT shall not withhold the Subconsultant’s payment if MCDOT has paid the full value of
services rendered. Failure by the CONSULTANT to invoice MCDOT in accordance with the terms of this
Contract and/or pay its Subconsultants in accordance with the Arizona Prompt Pay Law is a material
breach of this Contract. MCDOT reserves the right to request that Consultant provides proof of payment to
its Subconsultants.
The CONSULTANT shall be found to be in breach of this Contract if it executes subcontract
agreements with Subconsultants, DBE and non-DBE, which materially change the Prompt Pay
requirement. This action may result in termination of the Contract, or any other such remedy as
deemed appropriate by MCDOT.
SECTION V - DISPUTE ESCALATION
The following dispute escalation levels shall be utilized to resolve disputes during the course of this Contract.
The following dispute escalation levels shall be utilized in the event the MCDOT PM, CONSULTANT PM or
Contracts Specialist are unable fo agree on the scope, level of effort, cost or any other issues related to this
Contract. It is the intent of the COUNTY to resolve disputes at the lowest level possible. If agreement
cannot be reached at that level, then the matter is escalated to the next higher level of management. Failure
to agree at any level constitutes escalation to the next level.
Failure by the CONSULTANT to utilize the escalation process shall constitute a waiver of any claims for
additional compensation or any other relief.
Contract No. 2017-044 Page 7

The following table depicts the dispute resolution escalation levels for Contract issues:
Level MCDOT CONSULTANT PROCUREMENT
1 Project Manager Project Manager Contract Services
Division Manager Project Principal Finance Services
2 : Division Manager
Proj roject Manager Project Manager
Contract Services
County Engineer
3 Division Manager Project Principal Chief Procurement Officer
Project Manager
The decision of the Chief Procurement Officer is final.
SECTION VI - ARBITRATION
The parties agree to use arbitration, after exhausting applicable administrative reviews, fo resolve disputes
arising out of this agreement where the sole relief sought is monetary damages of $500,000 or less,
exclusive of interest and costs.
The arbitration shall be submitted under the relevant rules of the American Arbitration Association (AAA) in
effect as of the date of the demand for arbitration. The matter disputed shall be submitted to an arbitrator
mutually selected by MCDOT and the CONSULTANT.
SECTION VII—THE COUNTY’s RESPONSIBILITIES
The COUNTY will furnish the CONSULTANT, at no cost to the CONSULTANT, the following information or
services for this Project:
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the Project.
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
Project as identified by the CONSULTANT.
C. Available staff for consultation with the CONSULTANT during the performance of studies and plan
development in order to identify the problems, needs, and other functional aspects of the Project.
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 VIII—ALTERATION IN SCOPE OF WORK
This contract may be amended by mutual agreement of the COUNTY and the CONSULTANT.
Contract No. 2017-044 Page 8

Any alteration in the Scope of Work that will result in a substantial change in the nature of the Project 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 Agent has notified the CONSULTANT to
proceed. It is distinctly understood and agreed that no claim for extra work performed 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 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. The CONSULTANT hereby agrees to
make no claim for such work or materials furnished without such written authorization.
SECTION IX—RECORDS, RETENTION, MAINTNANCE AND AUDIT
A. Pursuant to A.R.S. §35-214, the CONSULTANT and its Subconsultant(s) shall keep and maintain
all books, papers, records, accounting records, files, accounts, expenditure records, reports, cost
proposals with backup data and all other such materials related to the Contract and other related
project(s). The CONSULTANT shall make all such materials related to the project(s) available at
any reasonable time and place during the term of the Contract and for five (5) years from the date
the Initial Closeout Letter is sent to the CONSULTANT after MCDOT indicates that work on the
Contract has been completed to the satisfaction of MCDOT (Contract Status Form). All
Documents shall be retained for auditing, inspection and copying upon the COUNTY’s or at
FHWA’s request, or any other authorized representative of the Federal Government.
B. Pursuant to A.R.S. §35-215, the CONSULTANT and its Subconsultant(s) with intent to defraud,
deceive, improperly influence, obstruct or impair an audit being conducted or about to be conducted
in relation to any Contract or subcontract with the COUNTY is guilty of a Class 5 Felony.
C. In case of an audit and the CONSULTANT has failed to retain records in accordance with the
applicable Contract provision, it shall be presumed that the documents would not have supported
the CONSULTANT’s position. Therefore, failure to retain such records shall result in the
CONSULTANT being required to reimburse MCDOT for unsupported costs. The CONSULTANT
may also be disqualified from submitting future SOQ proposals.
D, Upon completion and final closeout of the Contract, physical/paper or electronic Contract files
and any supporting materials shall be maintained in accordance with MCDOT and State Record
Retention Center Records Retention/Destruction Policy and Schedules.
SECTION X—PROJECT COMPLETION
lf, during the course of this contract, situations beyond the control and not the result of delay attributable to
CONSULTANT arise which prevent completion within the allotted time, the Agent may grant an extension.
SECTION XI - SUSPENSION OF WORK
Work on this Contract may be suspended by written order at MCDOT’s sole discretion. The
CONSULTANT is not entitled fo any compensation when work is suspended.
Contract No. 2017-044 Page 9

SECTION XII—TERMINATION
The COUNTY may terminate this contract at any time upon reimbursement fo the CONSULTANT of
expenses that include reasonable charges for time and material for the percentage of work satisfactorily
completed and provided to the COUNTY.
The COUNTY reserves the rights to postpone, terminate, or abandon this contract for the CONSULTANT's
failure to complete the Project on time or failure fo 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
Transportation Director is received by all of the parties to the contract. In addition, the COUNTY may
recoup any fee or commission paid or due to any person significantly involved in 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 II], PAYMENTS TO THE CONSULTANT,
SECTION XIII—OWNERSHIP OF DATA
A. The CONSULTANT agrees to maintain (in sufficient detail as shall properly reflect all work
done and results achieved in the performance of this Contract) tracings, plans, specifications and
maps, basic survey notes and sketches, books, records, reports, research notes, charts, graphs,
comments, computations, analyses, recordings, photographs, computer programs and
documentation thereof, and other graphic or written data generated in connection with the work
required in the Contract; all such information and documentation to be termed Data under this
Contract.
B. All Data procured hereunder for the work funded by MCDOT shall become the property of MCDOT
and delivered to MCDOT upon request, and shall not be used or released by the CONSULTANT or
any other person except with the prior written approval by the COUNTY; provided that the
CONSULTANT shall not be required to retain any Data not requested by MCDOT within five (5)
years from the date of final payment to the Consultant hereunder; and provided further that until
such delivery to MCDOT, the CONSULTANT agrees to permit MCDOT and FHWA representatives
fo examine and review at reasonable times all Data still in the possession of the CONSULTANT.
C. All services, information, computer program elements, reports and other deliverables which may be
patented or copyrighted and created under this Contract are the property of the COUNTY and shall
not be used or released by the CONSULTANT or any other person except with the prior written
approval by the COUNTY.
Contract No. 2017-044 Page 10

SECTION XIV—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
|-9 requirements of the Immigration Reform and Control Act of 1986 for all personnel that the
CONSULTANT and any sub-consultants employ to complete any Project. 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.
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-consuitant 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 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;
Contract No. 2017-044 Page 11

(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 XV—GENERAL CONSIDERATIONS
. The CONSULTANT shall furnish to the COUNTY for approval, the names of its key employees, and of
its sub-consultants and their key employees, to be used on this Project prior to beginning the work
under this contract. Any subsequent changes are subject to the written approval of the COUNTY.
. 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.
. The failure of either party to enforce any of the provisions of this contract or fo 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.
. 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.
. The fact that the COUNTY has accepted or approved the CONSULTANT’s work shall in no way relieve
the CONSULTANT’s responsibility.
lt 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.
. When this contract requires the CONSULTANT to study specific geographic areas of Maricopa County
the CONSULTANT agrees during the term of this contract and any extensions thereof that
CONSULTANT will not perform similar services for any clients other than the COUNTY within that
specific geographic area without the written authorization and approval of the Transportation Director of
the COUNTY.
Contract No. 2017-044 Page 12

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.
|. 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. lt 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 |. 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. Ill, 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 XVI—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 XVII-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.
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.
Contract No. 2017-044 Page 13

SECTION XVIII—ANTI-DISCRIMINATION PROVISION
The COUNTY will endeavor to ensure in every way possible that small 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.
A DBE Goal of 5.05% has been established for this contract. Prime consultants are encouraged to obtain
DBE participation above and beyond the goal on this contract. DBE goal attainment will be monitored to
help ensure that overall DBE goal is met on the contract. DBE availability is based on the Arizona UCP
directory, which can be searched by specialty and/or NAICS code at http://www.azdbe.org
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 XIX—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 XX - ANTI-TRUST VIOLATIONS
The CONSULTANT and the COUNTY recognize that in actual economic practice, overcharges resulting
from anti-trust violations are in fact borne by Purchaser or ultimate user which in this case, the COUNTY.
Therefore, the CONSULTANT, acting as a vendor, hereby assigns to the COUNTY any and all claims for
such overcharges.
SECTION XXI - PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION
The CONSULTANT shall comply with the “Rules of Professional Conduct” provision pursuant to A.A.C.
R4-30-301, which is incorporated herein by reference and hereby made a part of this Contract.
The CONSULTANT shall comply with the “Registration as an Architect, Assayer, Engineer, Geologist,
Landscape Architect, or Land Surveyor’ provision pursuant to A.A.C. R4-30-201, which is
incorporated herein by reference and hereby made a part of this Contract.
Contract No. 2017-044 Page 14

SECTION XXII - IMPROPER EXERCISE OF AUTHORITY
It is further understood and agreed that the CONSULTANT shall not, in any way, exercise any portion
of the authority or powers of the COUNTY, and shall not make a contract or commitment, or in any way
represent itself as an agent of the COUNTY beyond the scope of this Contract uniess expressly
authorized, in writing, by the COUNTY.
SECTION XxXiIli - CONFLICT OF INTEREST
The CONSULTANT shall not engage the services on this contract of any present or former COUNTY
employee who was involved as a decision maker in the selection or approval processes or who negotiated
and/or approved billings or contract modifications for this contract.
The CONSULTANT agrees that no public or private interest exists and none shall be acquired directly or
indirectly which would conflict in any manner with the performance of this contract.
SECTION XXIV - ORGANIZATION EMPLOYMENT DISCLAIMER
A. This Contract is not intended to constitute, create, give to, or otherwise recognize a joint venture
agreement or relationship, partnership, or formal business organization of any kind, and the
rights and obligations of the parties shall be only those expressly set forth in this Contract.
B. The parties agree that no persons supplied by the CONSULTANT in the performance of
CONSULTANT obligations under the Contract are considered fo be COUNTY employees. The
Consultant shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workmen's compensation, occupational disease compensation, unemployment
compensation, other employee benefits and all taxes and premiums appurtenant thereto
concerning such persons, and shall save and hold the COUNTY harmless with respect thereto.
SECTION XXV - FEDERAL DEBARMENT AND SUSPENSION
A. By signature on this Contract, the CONSULTANT certifies its compliance, and the compliance of
its Subconsultants or subcontractors, present or future, by stating that any person associated
therewith in the capacity of owner, partner, director, officer, principal investor, project director,
manager, auditor, or any position of authority involving federal funds:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any Federal Agency;
2. Does not have a proposed debarment pending;
3. Has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal Agency within the past three (3) years; and
4. Has not been indicted, convicted, or had a civil judgment rendered against the firm by
a court of competent jurisdiction in any matter involving fraud or official misconduct within
the past three (3) years as specified by Code of Federal Regulations 49 CFR paragraph
29.305(a).
Contract No. 2017-044 Page 15

B. Where the CONSULTANT or its Subconsultant is unable to certify to the statement in Section
a.1. above, the CONSULTANT or its Subconsultant shall be declared ineligible to enter into Contract
or participate in the project.
C. Where the CONSULTANT or Subconsultant is unable to certify to any of the statements as
listed in Sections a.2., a.3., or a.4., above, the CONSULTANT or its Subconsultant shall submit
a written explanation to the COUNTY. The certification or explanation shall be considered in
connection with theCOUNTY’s determination whether to enter into Contract.
A. The CONSULTANT shall provide immediate written notice to the COUNTY if, at any time, the
CONSULTANT or its Subconsultant, learn that its Debarment and Suspension certification has
become erroneous by reason of changed circumstances.
SECTION XXVI - SUBCONTRACTS
The CONSULTANT agrees to execute a written contract with all Sub-consultants for work to be completed
under this contract. The executed contract shall include Sub-Consultant’s Scope of Work and all the
Uniform Terms and Conditions set forth in this contract.
The CONSULTANT shall provide electronic copies of signed subcontract agreements with all Sub-
consultants to ADOT Business Engagement and Compliance Officer (BECO)) by uploading them to the
BECO online DBE Contract & Labor Compliance Management System (https://adot.dbesystem.com).
Subcontract agreements must include all required assurances and required clauses as outlined in this
contract. Each agreement and required attachment must be dated and signed by the Sub-consultant in
order for the subcontract to be considered valid.
The CONSULTANT shall be in breach of this contract if the CONSULTANT materially modifies the federal
regulations and State statutes in its subcontract agreements terms and conditions with its Subconsultants.
Deviations from the terms of this contract may result in termination of the contract, or any other such
remedy as deemed appropriate by the COUNTY.
SECTION XXVII - CONTINUING OBLIGATION
The CONSULTANT agrees that if due to death or any other occurrence it becomes impossible for any
principal or employee of the CONSULTANT to render the services required under this Contract, neither
the CONSULTANT nor the surviving principals shall be relieved of any obligation to render complete
performance. However, in such event, the COUNTY may terminate this Contract if it considers the
death or incapacity of such principal or employee to be a loss of such magnitude as to (1) affect the
CONSULTANT’s ability to satisfactorily complete the performance of this Contract, or (2) materially
affect the evaluation of the CONSULTANT’s qualifications.
SECTION XXVIII - NAME CHANGE, MERGER, ACQUISITION, CONSOLIDATION AND/OR TRANSFER
OF OWNERSHIP
A. In cases where a firm changes its name, acquires, or merges with another company, the firm
under Contract with MCDOT shall notify MCDOT of name or ownership changes within 10
business days from the date when the name or ownership change is legally signed/approved
before the new CONSULTANT begins any work on acquired firm’s contract(s). The
CONSULTANT changing its name due to merger, acquisition, consolidation and/or transfer of
ownership shall be responsible for fulfilling all obligations, liabilities, and contract
Contract No. 2017-044 Page 16

terms/conditions for all MCDOT Contracts of the acquired firm. The new/acquiring firm shall
provide MCDOT with the required information to approve the name change, including but not
limited to the following:
1. A letter, on company letterhead, indicating the new name and reason for the change. The
letter shall also include:
i. Effective date of the change.
ii. List of active and pending closeout MCDOT Contracts affected by the change with
contract description. Indicate which contract(s) the firm served as a CONSULTANT or
Subconsultant.
ii. A statement certifying that the new/acquiring CONSULTANT shall assume all
obligations and liabilities set forth in the respective contracts for all listed contracts between
the new/acquiring CONSULTANT and MCDOT.
iv. A statement certifying that no changes have been made in the Key Personnel responsible
for the affected contracts. If a Key Personnel change occurs resulting from the merger,
acquisition, consolidation and/or transfers of ownership, the CONSULTANT shall submit
a separate request to obtain MCDOT’s approval for the Key Personnel change.
2. A copy of Arizona Corporation Commission (ACC) or home-state equivalent Corporation
Commission approval documentation of the new/acquiring CONSULTANT
3, Updated professional license(s) of the new/acquiring CONSULTANT
4. Updated W-9 Form of the new/acquiring CONSULTANT
B. If the acquiring firm is approved by MCDOT to take over the merged or acquired Contracts, the
Contracts shall be modified to include the acquiring firm's name by a Contract Modification. The
CONSULTANT shall also re- prequalify with ECS under the new entity/firm name.
C. If a Subconsultant listed in the Contract changes its name due to merger, acquisition,
consolidation and/or transfer of ownership, the Subconsultant shail notify the Consultant of the
name or ownership changes within 10 business days when the name or ownership change is
legally signed/approved before the new/acquiring Subconsultant begins any work on the
acquired Subconsultant contract(s). The CONSULTANT shall request MCDOT’s written
approval within 10 calendar days from the Subconsultant notification. The name-change request
shail include, at a minimum, the following:
1. A letter, on company letterhead, indicating the new Subconsultant(s) name and reason for the
change. The letter shall also include:
i. Effective date of the change
ii. List of active and pending closeout MCDOT Contracts affected by the change with
contract description. Indicate which contract(s) the firm served as a CONSULTANT or
Subconsultant.
ii, A statement certifying that the new/acquiring Subconsultant shall continue to provide
quality work under the Contract
iv. A statement certifying that no changes have been made in the Key Personnel responsible
for the affected contracts. If a Key Personnel change occurs resulting from the merger,
Contract No. 2017-044 Page 17

acquisition, consolidation and/or transfers of ownership, the Subconsultant shall submit a
separate request through the CONSULTANT, to obtain COUNTY’s approval for the Key
Personnel change.
2. A copy of the new/acquiring Subconsultant’s ACC or home-state equivalent Corporation
Commission approval documentation related to the change.
SECTION XXIX—ANTI-LOBBYING
CONSULTANT agrees to comply with the provisions of Section 1352 of Title 31, U.S. Code (Public Law
101.121) as codified in Title 48, Federal Acquisition Regulations Subpart 3.8 and Subpart 52.203-11. The
legislation prohibits federal funds from being expended by a recipient or any lower tier subrecipients of a
Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to
influence a Federal agency or Congress in connection with the award of any Federal contract, the making of
any Federal grant or loan, or entering into any cooperative agreement, including the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. Disclosure
statements shall be provided to the COUNTY.
CONSULTANT agrees to require all lower tier sub-consultants who have agreements exceeding $100,000 to
complete the Certification of Federal Contracts (ECS Form 90-1) and, when appropriate, the Disclosure of
Lobbying Activities (ECS Form 90-3) prior to execution of the Prime Consultants Agreement with the COUNTY.
Lower tier certifications are to be maintained by CONSULTANT and shall be retained by CONSULTANT for a
period of three (3) years following the completion and acceptance of the project.
SECTION XXX - FINAL/INCURRED COST AUDIT
a. _ Final/Incurred Cost Audit (ICA) of the CONSULTANT’s costs may be performed by
MCDOT to determine the Contract costs’ allowability, allocability, and reasonableness
in accordance with the terms of this Contract.
b. A CPA-prepared overhead schedule or a Cognizant Audit Report that meets
ADOT/AASHTO/FHWA guidelines is acceptable for establishing a given year's
overhead rate with the concurrence of Maricopa County Department of Transportation
(MCDOT).
c. Upon receipt of an ICA draft report, the CONSULTANT has 14 calendar days to
respond to the Incurred Cost Auditor with any disagreements, questions, or request
for additional supporting documentation. A time extension may be allowed, if
requested in writing within the 14-day timeframe, by the appropriate parties.
Disagreements related to the results of the ICA draft report shall be addressed or
resolved with the Incurred Cost Auditor on or before the date of the formal Exit
Conference with the Incurred Cost Auditor and the CONSULTANT. Non-response to
the draft audit report after the 14-day timeframe and after the Exit Conference will be
deemed by MCDOT as the CONSULTANT’s acceptance of the findings in the draft
report.
d. The appeal process for all Audit issues shall remain with MCDOT. The following table
depicts the escalation levels for Audit issues:
Contract No. 2017-044 Page 18

Level MCDOT CONSULTANT PROCUREMENT
1 Project Manager Project Manager Contract Services
Services
Division Manager Project Principal ‘oe
9 Wision
Project Manager Project Manager Manager
Contract Services
County Engineer
3 Division Manager Project Principal Chief Procurement Officer
Project Manager
The decision of the Chief Procurement Officer is final.
e. MCDOT or the CONSULTANT shall reimburse either party in accordance with the
ICA results. Failure of the CONSULTANT to reimburse MCDOT for over-billed
charges based on the results of the Pre-award Reviews or ICAs shall result in
disqualification of the CONSULTANT.
SECTION XXXI - REVIEWS AND INSPECTIONS
Representatives from the COUNTY and FHWA are authorized to review and inspect the Contract
activities and facilities during the CONSULTANT’s and its Subconsultants normal business hours.
SECTION XXXil - PROPERTY OR EQUIPMENT
Except as otherwise provided in this Contract, computer or other special equipment needed to fulfill this
Contract, shall be purchased through the MCDOT Procurement Group and considered as MCDOT
property. The control, utilization and disposition of property or equipment acquired using Federal/State
funds shall be determined in accordance with the property management standards set forth in 49 CFR Part
18.
SECTION XXxXIll - NONDISCRIMINATION
1. During the performance of this Contract, the CONSULTANT, for itself, its Subconsultants,
assignees and successors shall:
a. Not discriminate on the basis of race, color, national origin, or sex and shall
carry out applicable requirements of 49 CFR Part 26 in the performance of this
Contract. Failure by the CONSULTANT to carry out these requirements is a material
breach of this Contract, which may result in the termination of this Contract,
disqualification from proposing on other Contracts or other remedy as the State deems
appropriate.
Comply with Executive Order 2009-09, Prohibition
5	1	24	1	1	7	1567	2631	35	38	96.884224	of
5	1	24	1	1	8	1626	2633	252	37	96.544441	Discrimination
5	1	24	1	1	9	1903	2633	26	37	96.291656	in
5	1	24	1	1	10	1957	2633	226	48	96.291656	Employment
4	1	24	1	2	0	579	2688	1604	50	-1	
5	1	24	1	2	1	579	2688	41	48	96.980843	by
5	1	24	1	2	2	639	2688	225	38	96.209496	Government
5	1	24	1	2	3	876	2690	201	36	96.686043	contractors
5	1	24	1	2	4	1092	2690	65	36	96.825302	and
5	1	24	1	2	5	1174	2690	298	43	76.388329	Subcontractors,”
5	1	24	1	2	6	1486	2690	101	36	96.870102	which
5	1	24	1	2	7	1605	2690	24	37	96.958694	is
5	1	24	1	2	8	1648	2690	122	48	96.862640	hereby
5	1	24	1	2	9	1784	2690	148	37	96.847145	included
5	1	24	1	2	10	1951	2690	26	37	95.289925	in
5	1	24	1	2	11	1997	2691	37	36	96.447716	its
5	1	24	1	2	12	2049	2691	134	47	95.081970	entirety
4	1	24	1	3	0	579	2745	930	48	-1	
5	1	24	1	3	1	579	2745	41	48	96.945412	by
5	1	24	1	3	2	636	2745	170	38	96.568871	reference
5	1	24	1	3	3	820	2745	64	38	95.966988	and
5	1	24	1	3	4	900	2745	197	38	95.966988	considered
5	1	24	1	3	5	1107	2741	15	57	96.610085	a
5	1	24	1	3	6	1149	2748	66	45	96.610085	part
5	1	24	1	3	7	1228	2747	35	36	96.944221	of
5	1	24	1	3	8	1273	2747	61	36	96.937447	this
5	1	24	1	3	9	1348	2747	161	37	96.646904	Contract.
2	1	25	0	0	0	579	2855	1605	105	-1	
3	1	25	1	0	0	579	2855	1605	105	-1	
4	1	25	1	1	0	579	2855	1605	49	-1	
5	1	25	1	1	1	579	2855	135	46	96.789436	Comply
5	1	25	1	1	2	739	2855	70	36	96.789436	with
5	1	25	1	1	3	836	2855	54	36	96.647575	the
5	1	25	1	1	4	916	2855	182	46	96.621391	provisions
5	1	25	1	1	5	1125	2855	33	37	96.666946	of
5	1	25	1	1	6	1183	2855	173	37	96.253426	Executive
5	1	25	1	1	7	1383	2855	104	37	96.024063	Order
5	1	25	1	1	8	1513	2855	118	43	96.024063	11246,
5	1	25	1	1	9	1659	2856	128	38	96.320763	entitled
5	1	25	1	1	10	1813	2856	118	47	91.009613	“Equal
5	1	25	1	1	11	1959	2856	225	48	96.735184	Employment
4	1	25	1	2	0	579	2912	1602	48	-1	
5	1	25	1	2	1	579	2912	234	46	49.696709	Opportunity,
as amended by Executive Order 11375, and as supplemented in
Contract No. 2017-044 Page 19

e
Department of Labor Regulations (41 CFR Part 60). Said provisions are made
applicable by reference and are hereinafter considered a part of this Contract.
d. Postin conspicuous places available to employees and applicants for employment, the
following notice:
“It is the policy of this company not to discriminate against any employee, or
applicant for employment, because of race, color, religion, creed, national origin,
sex, age, handicapped, or disabled veterans and Vietnam era veterans. Such
actions shall include, but are not limited to: employment, upgrading, demotion,
transfer, recruitment, or recruitment advertising; laying-off or termination;
rates of pay or other compensation; and selection for training, and on-the-job
training. Also, it is the policy to insure and maintain a working environment free
of harassment, intimidation and coercion.”
e. Comply with the Regulations relative to nondiscrimination in Federally-assisted programs
of the U.S, Department of Transportation (hereinafter DOT), 49 CFR Part 21, as they may
be amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Contract.
f, Comply with Appendix A and E of the Maricopa County Department of Transportation ‘Title
Vi/Non-Discrimination Assurances” as found in Attachment 4 of this Contract.
g. Not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of Subconsultants, including procurement of materials and leases of
equipment. The CONSULTANT shail not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices.
h. In all solicitations either by competitive bidding or negotiations made by the
CONSULTANT for work to be performed under a subcontract, including procurement of
materials or leases of equipment, notify each potential Subconsultant or supplier of the
CONSULTANT’s obligations under this Contract and the Regulations relative to
nondiscrimination on the ground of race, color, or national origin.
i. Provide all information and reports required by the Regulations or directives issued
pursuant thereto, and shall permit access to its books, records, accounts, other sources
of information and its facilities as may be determined by the State to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any
information required of a CONSULTANT is in the exclusive possession of another
who fails or refuses to furnish this information, the CONSULTANT shall so certify to
the State as appropriate, and shall set forth what efforts it has made to obtain the
information.
2. In the event of the CONSULTANT’s noncompliance with the NONDISCRIMINATION provision
(Section XXxXIIl} of this Contract, the State shall impose such Contract sanctions as the State or
FHWA may determine to be appropriate, including but not limited to:
Contract No. 2017-044 Page 20