180020-CONTRACT TERRACON.PDF

ENGINEERING SERVICES CONTRACT (TERM)
MARICOPA COUNTY, ARIZONA
Term Geotechnical Engineering Services
FOR PROFESSIONAL SERVICES
Office of Procurement Services
Serial # 180020-ROQ
Contract # 180020-ROQ
C- —
Project # 180020-ROQ
Facilities Management Department
MARICOPA COUNTY, ARIZONA
Three (3) YEAR TERM
ENGINEERING SERVICES CONTRACT
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Table of Contents
RECITALS 4
SECTION I - ENGINEER'S BASIC SERVICES 4
SECTION II- PERIOD OF SERVICE 5
SECTION III - REIMBURSABLE EXPENSES 6
SECTION IV - COUNTY RESPONSIBILITIES 7
SECTION V - COMPENSATION AND PAYMENTS 7
SECTION VI- PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES 8
SECTION VII- ENGINEER'S ACCOUNTING RECORDS 9
SECTION VIII- TERMINATION OF AGREEMENT 9
SECTION IX - OWNERSHIP OF DOCUMENTS 9
SECTION X - GENERAL CONSIDERATIONS 9
SECTION XI- INDEMNIFICATION AND INSURANCE 10
SECTION XII - SUCCESSORS AND ASSIGNS 12
SECTION XIII - NO KICK-BACK 13
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY 13
SECTION XV - INDEPENDENT CONTRACTOR 13
SECTION XVI - CONFLICTS 14
SECTION XVII - CONTINGENCY FEE 14
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH 14
SECTION XIX - COMPLIANCE WITH LAWS 14
SECTION XX - SEVERANCE 15
SECTION XXI - JOINT PREPARATION 15
SECTION XXII - PRIORITY OF PROVISIONS 15
SECTION XXIII - APPLICABLE LAW AND VENUE 15
SECTION XXIV - AMENDMENTS 15
SECTION XXV - PRIOR AGREEMENTS 15
SECITON XXVI - DRUG-FREE WORKPLACE 16
SECTION XXVII - INCORPORATION BY REFERENCE 16
SECTION XXVIII - LEGAL WORKER REQUIREMENTS 16
SECTION XXIX - ATTACHMENTS 16
SECTION XXX - NOTICES 16
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION 17
SECTION XXXII - CONTRACT EXECUTION 18
SECTION XXXII' - ISRAEL BOYCOTT: 18
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SECTION XXXIV - UNIFORM ADMINISTRATIVE REQUIREMENTS: 18
EXHIBIT A - PROJECT SERVICES 20
I - GENERAL 20
II- PRE-DESIGN SERVICES PHASE 20
III - SCHEMATIC DESIGN PHASE 20
IV - DESIGN DEVELOPMENT PHASE 21
V - CONSTRUCTION DOCUMENTS PHASE 21
VI- QUALITY ASSURANCE/QUALITY CONTROL 22
VII- BIDDING PHASE 23
VIII- CONSTRUCTION PHASE 23
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES 25
X - OPERATION AND MAINTENANCE MANUAL(s) 26
EXHIBIT B — HOURLY RATES 28
EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM
PARTICIPATION REPORTING FORM 29
EXHIBIT D - LEGAL WORKER CERTIFICATION 30
EXHIBIT E 31
ALTERNATIVE DISPUTE RESOLUTION 31
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA, AND Terracon Consultants, Inc.
FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA
hereinafter called the "COUNTY" or "OWNER" and Terracon Consultants, Inc.; hereinafter called the
"ENGINEER."
RECITALS
A. Pursuant to Arizona Revised Statutes § 11-251(8) and § 34-102, the Board of Supervisors has the authority
to enter into contracts for the construction of such buildings and structures are necessary, and for
alterations thereto, and for the employment of ENGINEERS as warranted by the type of construction.
B. The COUNTY proposes to engage the service of an engineering film to perform certain engineering and
engineering services for the COUNTY on an "on-call" or "as needed" basis. This Agreement is intended
to cover performance by the ENGINEER under individual Task Orders. The terms of this Agreement and
a Task Order govern the ENGINEER's work unless the ENGINEER and the COUNTY agree otherwise n
writing.
C. The COUNTY may require drawings, plans, specifications, cost estimates, construction administration,
and other engineering services, and the ENGINEER is willing to prepare such drawings, plans,
specifications, cost estimates, provide construction administration, and perform other engineering services
under this Agreement as may be required by the COUNTY.
D. The COUNTY desires to contract with the ENGINEER for the preparation of such drawings, plans,
specifications, cost estimates, construction administration, and other engineering services on such terms
and conditions as hereinafter follows:
E. NOW THEREFORE, on consideration of the premises and the mutual promises herein contained, the
COUNTY and the ENGINEER agree as follows:
SECTION I - ENGINEER'S BASIC SERVICES
A. GENERAL
1. The ENGINEER shall prepare drawings, plans, and specifications and cost estimates according to the
direction and designated standards of the COUNTY. Also, in consideration of the fee hereinafter
stated, the ENGINEER agrees to perform contract administration, inspection services and other
engineering services on the PROJECT as described in this Section. It is understood and agreed that
the County's authorized Administration for the PROJECT shall be the Director of Facilities
Management Department, or designee.
2. The ENGINEER shall review the requirements of the PROJECT as outlined by the COUNTY. Prior
to performance of any services under this Agreement, the ENGINEER and his consultants shall meet
with the authorized COUNTY personnel to review the scope and nature of the work to be performed.
3. The ENGINEER shall be responsible for providing written minutes of all PROJECT meetings that
occur during the course of this work under this Agreement, which are attended by the ENGINEER or
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his representative and by the representatives of the COUNTY. A copy of these minutes shall be sent
to, and received by, the COUNTY no later than three (3) working days after the meeting date. The
ENGINEER will be responsible for final publishing and distributing of meeting minutes as directed by
the COUNTY.
4. The ENGINEER will meet with the COUNTY and representatives of appropriate jurisdictional
agencies to review the requirements of the project and the solutions proposed by the ENGINEER at
times appropriate to the PROJECT. At no time shall the ENGINEER meet with jurisdictional agencies
without prior consent or attendance of COUNTY representatives.
5. The ENGINEER may be required to coordinate with the COUNTY and its designated workstation
supplier for the design and provisions for installation of open office workstations. This work may
include but is not limited to: layout of workstations per COUNTY standards, providing backgrounds
on AutoCAD to the supplier for shop drawing purposes, coordination with the electrical systems of the
building, and provision in the specifications for installation of COUNTY supplied workstations by the
Contractor.
6. As a part of basic services, the ENGINEER will produce record drawings from the marked-up plans
prepared by the Contractor. Record drawings shall be submitted on CD discs as required by the
COUNTY containing the complete drawings in a pdf electronic format that is 100% compatible with
AutoCAD, references bound.
7. Typical project services are listed in attached Exhibit A. The compensation method shall be
determined on a project by project basis, utilizing Exhibit B ("Hourly Rates") for reference only.
SECTION II- PERIOD OF SERVICE
A. The initial contract shall be in effect for no longer than Three (3) calendar years from the date of approval
by the Maricopa County Board of Supervisors. If work is underway under the terms of this contract at the
time of the expiration date, the contract expiration date shall be extended to the date for completion of
services underway. Furthermore, by mutual written agreement between the County and ENGINEER, this
contract may be extended for a period of Two (2), One (1) year period(s). The total teina of this contract,
including all extension periods, shall not exceed five (5) years.
B. Based upon the mutually agreed scope of work for a project, the ENGINEER shall submit to the COUNTY
an anticipated schedule for completion of each phase of the project. The ENGINEER will be required to
complete total design phase basic and additional services as required within the total allotment of time.
C. The time required by the COUNTY, or its designee or regulatory agencies, for reviews or approvals shall
be included in the allotted calendar days for Design phase and shall be considered to be included in each
project schedule. ENGINEER revisions, additions and corrections required by the COUNTY through its
review of each phase's first document submittal, shall be required as part of the work of each subsequent
phase if applicable. A time extension will not be granted during such phase for these document
modifications. Construction document revisions as required by regulatory agencies and the COUNTY
shall be accomplished by the ENGINEER within the stated period for that phase.
D. The ENGINEER shall provide construction administration services from the date of construction contract
award through the PROJECT construction period and fmal written acceptance of the PROJECT by the
COUNTY regardless of the project delivery method selected. For purposes of this contract, the PROJECT
shall be completed when the building(s) and related warranty work is accepted in writing by the
COUNTY.
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E. The ENGINEER may be required to provide reviews and reports during the one-year post construction
warranty period. The one-year period shall be in addition to the total design and construction periods of
service.
SECTION III - REIMBURSABLE EXPENSES
A. Reimbursable expenses are additional compensation for Basic and Additional Services that include actual
expenditures made by the ENGINEER, his employees, or his professional consultants in the interest of the
Project and have the specific prior written approval of the COUNTY. The ENGINEER hereby agrees that
no reimbursable expense shall be incurred, nor requested for payment, without the ENGINEER having
obtained prior written approval of the COUNTY. The COUNTY is under no obligation to pay the
ENGINEER for such expenses without evidence of the COUNTY'S written consent prior to the
ENGINEER incurring such expenses. Reimbursable expenses may be approved for:
1. Printing costs by a non-COUNTY contracted printing service vendor according to Subsection C
below, if requested by the COUNTY for additional plan review sets or for bidding purposes.
2. Permit fees if levied by an authorized regulatory agency and paid directly by the ENGINEER with the
COUNTY'S permission.
3. Approved travel expenses where travel is required as part of the project scope shall be billed by
ENGINEER only for those travel expenses that are in compliance with the Federal Travel Regulation,
CFR Chapter 300-304, as applicable. All out of state travel expenses must be pre-approved by the
County in writing.
B. Costs associated with normal office supplies and equipment expenses shall not be considered as Additional
Reimbursable Expenses paid by the COUNTY as these costs shall be considered as normal overhead and
operating costs which are factored into the ENGINEER's fee. Normal overhead and operating costs shall
include but are not limited to:
1. Paper, pens, pencils, copier supplies, and computer media.
2. Drafting supplies tools & equipment.
3. Telephone and facsimile equipment, rental & toll charges.
4. Office rental, utility, and other overhead expenses.
5. Plan and specification reproduction costs for CONSULTING review purposes.
6. Postage and delivery costs.
7. Use or rental of computer equipment or related supplies.
8. Overtime work necessary to meet deadlines stipulated within the COUNTY's Notice to Proceed.
C. Unless specifically authorized in writing in advance as part of the approve scope of work, the COUNTY
will not pay for any of the following expenses of the ENGINEER:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the ENGINEER or its sub-consultants to attend project related meetings located
within the State of Arizona.
3. Meal costs for employees of ENGINEER or its sub-consultants whether or not employees of the
COUNTY are in attendance for meetings or other gatherings related to project work for the COUNTY,
except where authorized in writing in advance for out-of-state consultants/sub-consultants traveling to
Arizona or out of state travel related to the assignment.
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D. Unless specifically authorized in writing, the ENGINEER shall use the COUNTY contracted printing
vendor for all reproduction work if copies are required by the COUNTY in addition to the review
document sets required elsewhere in this Agreement.
E. The ENGINEER shall accompany each payment request for Reimbursable Expenses with a copy of the
original vendor invoice for any and all Reimbursable Expense costs. The COUNTY reserves the right to
reject any and all requests for payment of Reimbursable Expenses costs where no invoice or receipt is
attached.
F. The ENGINEER shall only be paid the actual amount charged to the ENGINEER by the original vendor
for Reimbursable Expenses.
G. Refer to Exhibit "B" for hourly billing rates for ENGINEER staff and sub-consultants.
SECTION IV - COUNTY RESPONSIBILITIES
A. The COUNTY shall provide the following:
1. Review of documents submitted by the ENGINEER.
2. Sufficient copies, electronic access or electronic files of all COUNTY forms required to be completed
by the ENGINEER as described in this Agreement.
3. Response to the ENGINEER's written request for decisions within a reasonable amount of time, such
time being appropriate to the request.
4. The necessary staff for consultation with the ENGINEER during program review, schematic, design
development and construction document phases in order to identify problems, needs and other
functional aspects of the PROJECT.
5. Staff for consultation with the ENGINEER and Contractor during the course of construction.
6. Periodic updates on the progress of reviews and requests for information, progress of submittals and
deliveries of equipment and furniture to be supplied by the COUNTY.
7. All required fees for securing approvals from governmental and other agencies having lawful
jurisdiction over the design of the PROJECT. The COUNTY will pay such fees directly to said
jurisdictional authorities.
B. THE CONSTRUCTION BUDGET. The COUNTY shall monitor both ENGINEER and Contractor
performance during the period of performance of the ENGINEER' s services under this Agreement. The
COUNTY's monitoring of the ENGINEER'S and Contractor's performance shall be solely for the
information of the COUNTY and shall not be construed to abridge, limit, supplement, or modify the
ENGINEER'S duties and responsibilities to provide the usual and customary basic engineering services,
including, but not limited to, the services and duties specifically described in this Agreement.
SECTION V - COMPENSATION AND PAYMENTS
A. The ENGINEER shall be compensated for contracted services that have been authorized in writing by the
COUNTY. The ENGINEER shall be compensated on an hourly fees basis in accordance with those items
listed in Exhibit B — Hourly Rates.
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B. All engineering service requests for payment shall be submitted to the COUNTY for review in electronic
format and approval and must be accompanied by a detailed invoice as required by the COUNTY. A
detailed invoice shall include copies of all related invoices and substantiating receipts; a completed SBE
reporting form; and/or other documentation for any charges incurred. Where pre-authorization is required
by the County, a copy of the written pre-authorization of the County will be included with the invoice
where those charges are submitted.
1. Invoices shall be submitted to: FMD-AccountsPayable@mail.maricopa.gov with all required
supporting documentation. Invoices should not be hand-delivered, mailed or otherwise transmitted.
C. The ENGINEER's fee for contract administration services shall be due and payable monthly during the
progress of the construction work, and shall be contingent upon receipt of ENGINEER's field reports.
D. The ENGINEER shall be limited to a maximum total fee of One Million, Five Hundred Thousand Dollars,
and No Cents ($1,500,000.00) for all work on all projects assigned under this Agreement during the term
of this contract. This shall include fees for both basic, additional services, and reimbursable expenses for
all projects assigned to the ENGINEER during the term of the contract.
E. Payment for additional services as authorized by the COUNTY shall be made upon completion of the
additional services and upon receipt of a detailed invoice and request for payment.
F. If the PROJECT is abandoned or suspended in whole or in part, for a period of more than 180 days
through no fault of the ENGINEER, the ENGINEER is to be paid for the services actually performed in
accordance with ARS Section 34-104.F, but not for any services not actually performed.
G. No deductions shall be made from the ENGINEER's compensation on account of retainage withheld from
payments to Contractors.
SECTION VI- PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
A. Until such time as construction bids have been received for the PROJECT, the ENGINEER shall treat the
PROJECT Construction Budget and all estimates of construction cost as confidential information. Under
no circumstances shall the ENGINEER cause the publication of the PROJECT Construction Budget or
construction cost estimates or reveal same to anyone other than authorized COUNTY personnel.
B. To help ensure that the PROJECT is under budget, the ENGINEER shall include, as part of the bid
package, additive alternates which represent up to 10 percent of the PROJECT construction budget and do
not materially affect the basic function, operation, or design intent of the facility. The ENGINEER will
identify and make recommendations on the various alternates, but acceptance of any or all of the alternates
will be the sole responsibility of the COUNTY.
C. The successful construction bid as herein referenced, means the bid amount submitted by the Contractor
actually awarded the PROJECT by the Board of Supervisors and shall include the cost for all work
designed or specified by the ENGINEER.
D. Over-Budget Bids. In the event a PROJECT is bid and the lowest responsible bid is higher than the
COUNTY construction budget amount for the specific project, the COUNTY may reject all bids or
appropriate such additional moneys as are necessary to award the bid. In the event the COUNTY elects to
reject all bids, the COUNTY may direct the ENGINEER to revise the drawings, plans, and specifications
at no additional expense to the COUNTY in order to obtain a bid for construction not exceeding the
construction budget amount.
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SECTION VII - ENGINEER'S ACCOUNTING RECORDS
A. Records of the ENGINEER's direct personnel payroll, and reimbursable expense pertaining to the
PROJECT and accounts between the COUNTY and ENGINEER shall be kept on a generally recognized
accounting basis for a period of no less than nine years after final completion of the PROJECT and shall be
available to the COUNTY (on reasonable notice) for examination during normal business hours.
SECTION VIII- TERMINATION OF AGREEMENT
A. The COUNTY and the ENGINEER hereby agree to the full performance of the covenants herein, except
that the COUNTY reserves the right, at its discretion, to terminate or abandon the service provided for in
this Agreement, or abandon any portion of the ENGINEER's services or portion of the PROJECT for
which services have been performed by the ENGINEER.
B. In the event the COUNTY shall abandon the services, or any part of the services, as herein provided, the
COUNTY shall notify the ENGINEER in writing, and immediately after receiving such notice, the
ENGINEER shall discontinue advancing the work under this Agreement. Notification shall be made in
writing to the ENGINEER's principal place of business.
C. Upon such termination or abandonment, the ENGINEER shall appraise the work completed and submit his
appraisal to the COUNTY for evaluation. The COUNTY shall have the right to inspect the ENGINEER's
work to appraise the work completed.
D. Except when terminated for delinquency, insolvency, or non-compliance with the terms of this Agreement,
the ENGINEER shall receive as compensation for services performed to the date of such termination, a fee
for the percentage of the ENGINEER's services as provided in this Agreement under Section V, and that
fee shall be in the amount to be agreed mutually by the ENGINEER and the COUNTY. If there is no
mutual agreement, the COUNTY will use the same method used for "Additional Services" as a guide in
the fmal determination. In no event, however, shall the fee exceed that set forth in Section VI of this
document. The ENGINEER will not be paid for any services not actually performed.
SECTION IX - OWNERSHIP OF DOCUMENTS
A. The ENGINEER may retain ownership of original drawings, plans, specifications, and related documents;
however, the COUNTY shall have ownership of the reproducible, specifications and other contract
documents as referred to in Section I, paragraph 3, and Section I, paragraph 6, which are to be delivered to
the COUNTY before the final payment is made to the ENGINEER. The COUNTY will not reuse, alter or
modify these reproducibles for other construction projects without first soliciting consultation from the
ENGINEER. In the event such documents are used without further consultation from the ENGINEER, the
COUNTY agrees to hold the ENGINEER harmless from any claim arising from the reuse of these
documents for subsequent construction work.
SECTION X - GENERAL CONSIDERATIONS
A. The use of words "he," "himself," "his," or other terms of masculine gender are intended to apply to both
genders, whether male or female.
B. All services provided by the ENGINEER under this Agreement shall be performed by employees, agents
or Consultants of the ENGINEER who are experienced and skilled in their profession and shall be
performed in accordance with the standards of care and workmanship in their profession. The
ENGINEER's findings, recommendations and professional advice shall be based on practices and
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procedures customarily applied in his profession. The ENGINEER shall be solely responsible for the
completeness and accuracy of his drawings, plans, specifications, supporting data and documents prepared
or complied by either his staff or his Consultants in fulfillment of this Agreement.
C. The ENGINEER shall make no agreements with his Consultants which abridge, modify or conflict with
the requirements of this Agreement.
D. The ENGINEER shall require each Consultant, by an appropriate written agreement, of the extent of the
services to be performed by the Consultant on the PROJECT, to be bound to the ENGINEER by the terms
of this Agreement, and to assume toward the ENGINEER all the obligations and responsibilities which the
ENGINEER, by this Agreement, assumes with the COUNTY. Said agreement shall preserve and protect
the rights of the COUNTY under this Agreement with respect to the services to be perfornied by the
Consultant so that the Consulting Services thereof will not prejudice such rights and shall allow to the
Consultant, unless specifically proved otherwise in the ENGINEER-CONSULTANT agreement, the
benefits of all rights, remedies and redress against the ENGINEER, that this ENGINEER, by this
Agreement, has against the COUNTY. Where appropriate, the ENGINEER shall require each Consultant
to enter into similar agreements with his sub-consultants. The ENGINEER shall make available to each
proposed Consultant prior to the execution of the ENGINEER-CONSULTANT written agreements, copies
of this Agreement to which the Consultant will be bound by this paragraph, and identify to the Consultant
any terms and conditions of the proposed ENGINEER-CONSULTANT written agreement which may be
at variance with this Agreement. Each Consultant shall similarly make copies of this Agreement available
to his sub-consultants.
E. During the course of PROJECT construction, should any defects be revealed which would adversely affect
the appearance or function of the PROJECT and which are the result of errors, omissions, or
inconsistencies in the drawings and specifications prepared by the ENGINEER, the ENGINEER shall, at
his expense, modify these drawings and specifications to resolve the defective conditions to the
satisfaction of the COUNTY without additional compensation.
SECTION XI — INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION - To the fullest extent permitted by law, ENGINEER 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, but not limited to, attorney fees, court costs,
expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have
resulted from the negligent, reckless, or intentionally wrongful acts, errors, omissions or mistakes of the
ENGINEER, his agents, representatives, employees, or consultants related to the performance of the
Contract. ENGINEER's duty to defend, indemnify and hold harmless COUNTY, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting therefrom, caused by the referenced
acts, errors, omissions or mistakes in the performance of this Contract including those made by any person
for whose acts, errors, omissions or mistakes ENGINEER may be legally liable.
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.
B. INSURANCE REQUIREMENTS - ENGINEER, at ENGINEER'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 foiin of any insurance policies and forms must be acceptable to COUNTY.
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1. 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.
2. ENGINEER's insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
3. 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.
4. 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. ENGINEER shall be solely responsible for the deductible and/or
self-insured retention and COUNTY, at its option, may require ENGINEER to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of
credit.
5. 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 ENGINEER of any deficiencies in
such policies and endorsements, and such receipt shall not relieve ENGINEER from, or be deemed a
waiver of COUNTY'S right to insist on strict fulfillment of ENGINEER's obligations under this
Contract.
6. 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.
7. 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 ENGINEER'S
work or service.
C. ENGINEER is required to procure and maintain the following coverages:
1. Commercial General Liability. Commercial General Liability insurance and, when necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence,
$2,000,000 Personal/Advertising Injury, $4,000,000 Products/Completed Operations Aggregate, and
$4,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form
property damage, and blanket contractual coverage, and shall not contain any provision that 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 necessary,
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 ENGINEER' s owned, hired,
and non-owned vehicles assigned to or used in performance of the ENGINEER'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 the ENGINEER's employees engaged in the performance of
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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.
ENGINEER 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 ENGINEER pursuant to
this Agreement.
4. Errors and Omissions (Professional Liability) Insurance. Errors and Omissions (Professional
Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide
coverage for errors or omissions or professional liability of the ENGINEER, with limits of no less than
$2,000,000 for each claim.
D. COVERAGES
Commercial General Liability $2,000,000 Each Occurrence
$2,000,000 Personal & Advertising Injury
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
Automotive Liability $2,000,000 Each Occurrence
Workers' Compensation $1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
Errors and Omissions $2,000,000 Each Claim
E. CERTIFICATES OF INSURANCE - Prior to commencing work or services under this Contract,
ENGINEER shall furnish COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or
formal endorsements as required by the Contract in the folm provided by the County, issued by
ENGINEER'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.
1. 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 ENGINEER'S work or
services and as evidenced by annual Certificates of Insurance.
2. 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.
F. 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 XII - SUCCESSORS AND ASSIGNS
A. The COUNTY and the ENGINEER each binds himself, his partners, successors, assigns, and legal
representatives to the other party to this Agreement and to the partners, successors, assigns, and covenants
of this Agreement. Neither the COUNTY nor the ENGINEER shall assign, sublet, or transfer his interest
in this Agreement without the written consent of the other. In no event shall any contractual relation be
created by this Agreement between any third party and the COUNTY. In the event ENGINEER changes
the name of the firm to which this contract has been awarded, it is incumbent upon ENGINEER to request
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COUNTY through the Procurement Officer to prepare the appropriate agreement to reflect the
ENGINEER's name change. In the event ENGINEER chooses not to change its name for work
accomplished through this awarded contract, ENGINEER will issue all payments on the letterhead of the
firm contracted with the COUNTY under this contract. Failure to comply may result in the invoices of
ENGINEER being refused, which will result in a delay of payment to ENGINEER at no additional cost to
COUNTY.
SECTION XIII - NO KICK-BACK
A. The ENGINEER warrants that no person has been employed or retained to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that
no member of the Board of Supervisors, or any employee of Maricopa County has any interest, financial or
otherwise with the ENGINEER and his firm.
B. For breach or violation of this warrant, Maricopa County shall have the right to annul this Agreement
without liability, or at its discretion to deduct from the Agreement prior to consideration, the full amount
of such commission, percentage, brokerage, and contingent fee.
1. This Agreement and its Notice to Proceed and any addendums thereto shall be subject to ARS Section
38-511.
SECTION XFV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
A. This Contract is made in accordance with and subject to the provision of all applicable laws, statutes,
ordinances, rules, regulations, executive orders and codes. To the extent required by applicable law, each
party hereto shall comply and require its Subcontractors and suppliers to comply with all then applicable
federal, state of Arizona and local nondiscrimination laws, rules, regulations, ordinances and executive
orders, including, without limitation, the Civil Rights Act of 1964, the Age Discrimination in Employment
Act and the Americans with Disabilities Act, as they may be amended, modified, codified, supplemented
or repealed from time to time.
B. It is Maricopa County's policy to provide Small Business Enterprises (SBE) with the opportunity to
participate in the County's solicitation process and to be considered to fulfill the requirements for various
commodities and services. This contract has no requirement for utilization of SBEs, however it does
require that utilization of SBE firms by ENGINEER be reported for tracking by the County. A full
description of the County's SBE program and the contractual requirements are attached hereto and
incorporated herein by reference in Exhibit C.
C. CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-
09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded
at the Governor of the State of Arizona's website
http://www.azgovernor.govidms/upload/E0 2009 09.pdf which is hereby incorporated into this contract
as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not
discriminate against any employee, client or any or any other individual in any way because of that
person's age, race, creed, color, religion, sex, disability or national origin.
SECTION XV - INDEPENDENT CONTRACTOR
A. ENGINEER is an independent ENGINEER under this Agreement. Services provided by ENGINEER
pursuant to this Agreement shall be subject to the supervision of ENGINEER. In providing such services,
neither ENGINEER nor its agents shall act as officers, employees, or agents of the COUNTY. This
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Agreement shall not constitute or make the parties a partnership or joint venture. The COUNTY is not
responsible for any debt, default, act or omission of the ENGINEER.
SECTION XVI - CONFLICTS
A. Neither ENGINEER nor its employees shall have or hold any continuing or frequently recurring
employment or contractual relationship that is substantially antagonistic or incompatible with
ENGINEER's loyal and conscientious exercise of judgment related to its performance under this
Agreement.
B. ENGINEER agrees that none of its officers or employees shall, during the term of this Agreement, serve as
an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a
party, unless compelled by court process. Further, ENGINEER agrees that such persons shall not give
sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse
or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude ENGINEER or any other
persons from representing themselves in any action or in any administrative or legal proceeding.
C. In the event ENGINEER is permitted to utilize sub-consultants to perfotin any services required by this
Agreement, ENGINEER agrees to prohibit such sub-consultants, by written contract, from having any
conflicts within the meaning of this section.
SECTION XVII - CONTINGENCY FEE
A. ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ENGINEER, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for ENGINEER, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For a breach or violation of this
provision, COUNTY shall have the right to teiminate this Agreement without liability at its discretion, or
to deduct from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
A. COUNTY and ENGINEER agree that each requirement, duty, and obligation set forth herein is substantial
and important to the formation of this Agreement and, therefore, is a material term hereof.
B. COUNTY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement
shall not be deem a waiver of any subsequent breach and shall not be construed to be a modification of the
terms of this Agreement.
SECTION XIX - COMPLIANCE WITH LAWS
A. ENGINEER shall comply with all federal state, and local laws, codes, ordinances, rules, and regulations in
performing its duties, responsibilities, and obligations pursuant to this Agreement.
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SECTION XX - SEVERANCE
A. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the
remaining provisions shall continue to be effective unless COUNTY or ENGINEER elects to terminate
this Agreement. An election to teinfinate this Agreement based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
SECTION XXI - JOINT PREPARATION
A. The parties acknowledge that they have sought and received whatever competent advice and counsel as
was necessary for them to form a full and complete understanding of all rights and obligations herein and
that the preparation of this Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed
more severely against one of the parties than the other.
SECTION XXII - PRIORITY OF PROVISIONS
A. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
SECTION XXIII - APPLICABLE LAW AND VENUE
A. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the
State of Arizona. Venue for litigation or any proceedings concerning this Agreement shall be in Maricopa
County, Arizona.
SECTION XXIV - AMENDMENTS
A. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and ENGINEER.
B. All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County
Office of Procurement Services shall be responsible for approving all amendments for Maricopa County
SECTION XXV - PRIOR AGREEMENTS
A. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless set forth in writing in accordance with Section XXIV above.
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SECITON XXVI - DRUG-FREE WORKPLACE
A. It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of
a drug free work place. Execution of this Agreement by ENGINEER shall serve, as ENGINEER's
required certification that it either has or that it will establish a drug free work place.
SECTION XXVII - INCORPORATION BY REFERENCE
A. The truth and accuracy of each "Whereas" clause set forth herein is acknowledged by the parties. The
attached Exhibits are incorporated into and made a part of this Agreement.
SECTION XXVIII - LEGAL WORKER REQUIREMENTS
A. As required by Arizona Revised Statutes §41-4401, the COUNTY is prohibited after September 30, 2008
from awarding a contract to any service or construction ENGINEER who fails, or whose sub-contractors
fail, to comply with Arizona Revised Statutes § 23-214-A. The ENGINEER warrants that it complies fully
with all federal immigration laws and regulations that relate to its employees, that it shall verify, through
the employment verification pilot program as jointly administered by the U.S. Department of Homeland
Security and the Social Security Administration or any of its successor programs, the employment
eligibility of each employee hired after December 31, 2007, and that it shall require its sub-contractors and
sub-sub-contractors to provide the same warranties to the ENGINEER. The ENGINEER acknowledges
that a breach of this warranty by ENGINEER or by any sub-contractor or sub-sub-contractor under this
Contract shall be deemed a material breach of this Contract, and is grounds for penalties, including
termination of this Contract, by Maricopa County. Maricopa County retains the right to inspect the records
of any ENGINEER, sub-contractor and sub-sub-contractor employee who performs work under this
Contract, and to conduct random verification of the employment records of the ENGINEER and any sub-
contractor and sub-sub-contractor who works on this Contract, to ensure that the ENGINEER and each
sub-contractor and sub-sub-contractor is complying with the warranties set forth above. ENGINEER shall
be responsible for all costs associated with compliance with this requirement.
SECTION XXIX — ATTACHMENTS
Exhibit A — Project Services
Exhibit B — Hourly Rates
Exhibit C — SBE Reporting Fox in
Exhibit D — Legal Worker Statement (from Statement of Qualifications)
Exhibit E — Alternative Dispute Resolution
SECTION )0(X - NOTICES
Notices: All notice to be given hereunder shall be in writing, and may be given by depositing the same
in the United States mail addressed to the party to be notified, postpaid, return receipt requested or by
delivering the same n person to such party with written receipt of acknowledgement of delivery by a
person at the address(s) set forth below. All notices to be given to the parties hereto shall be sent to or
made to the addresses shown below. The place for giving notice shall remain the same as set forth
herein unless changed in the manner provided in this Section.
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States mail, postage prepaid, return receipt requested, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
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intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this Section. For the present, the parties
designate the following:
Rich Wegele, Director
Facilities Management Department
Maricopa County
401 West Jefferson Street
Phoenix, Arizona 85003
AND
Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
AND TO DESIGN PROFESSIONAL:
Ramon Padilla, PE
Terracon Consultants, Inc.
4685 South Ash Avenue, Suite H-4
Tempe, Arizona 85282
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
A. Notice Prior to Execution of Work. If the ENGINEER wishes to make Claim for any increase in the
Project Cost, written notice must be given before proceeding to execute the Work. Prior notice is not
required for Claims relating to an emergency endangered life or property. If the ENGINEER believes
additional cost is involved for reasons including but not limited to (1) a written interpretation from the
design, an order by the OWNER to stop the Work where the ENGINEER was not at fault, (2) other
reasonable grounds, a Claim shall be filed in accordance with this Section.
B. Fourteen Days After Occurrence. If the ENGINEER wishes to make a Claim for an increase in the
Project Cost, the ENGINEER shall give the OWNER written notice thereof within fourteen (14) days
after the occurrence of the event giving rise to such Claim or within fourteen (14) days after the
ENGINEER should have recognized, in the exercise of due diligence, the condition giving rise to such
Claim. The ENGINEER shall provide such notice before proceeding to perform the Work. Any
Claim with respect to an emergency shall be made not later than five (5) days after occurrence of the
emergency as to which the Work was performed.
C. Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an increase Project Cost in
strict compliance with the requirements of this Section shall constitute a waiver of such Claim.
D. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative dispute
resolution ("ADR") process provided for in as Exhibit E (attached hereto and incorporated herein by
this reference) shall be the exclusive means for resolution of claims or disputes arising under this
Contract.
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SECTION XXXII - CONTRACT EXECUTION
This Agreement shall be in full force and effect only when the Board of Supervisors of Maricopa County,
Arizona has approved it, and when executed by the Chairman of the Board of Supervisors.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above
written, in counterparts, each of which shall without proof or accounting for the other counterparts, be deemed
an original Contract.
SECTION XXXIII - ISRAEL BOYCOTT:
By submitting this proposal the Contractor certifies that they are in compliance with Article 9, Arizona
Revised Statutes Section 35-393 et. seq..
SECTION XXXIV - UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
contained in Title 2 C.F.R. § 200 et seq.
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Term Geotechnical Engineering Services
180020-ROQ
11/812017
Principal (Signature) Date
TERRACON CONSULTANTS, INC. 42-1249917
Firm Name Federal Tax Identification Number
DONALD R. CLARK 925-46-00
Printed Name NIGP Commodity Code (Advantage)
NET 30
Vendor Payment Terms
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chairman, Board of Supervisors Date
ATTEST:
Clerk of the Board Date
LEGAL REVIEW:
Approved as to form and within the powers
and authority granted under the laws of the
State of Arizona to Maricopa County.
By:
Deputy County Attorney
Date:
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EXHIBIT A - PROJECT SERVICES
Facilities Management Department
MARICOPA COUNTY, ARIZONA
Three (3) Year TERM
ENGINEERING SERVICES CONTRACT
SERIAL # 180020-ROQ
CONTRACT NO.: 180020-ROQ
I - GENERAL
A. This exhibit lists the range of requirements, which may become part of any PROJECT for which the
ENGINEER provides professional services. The actual service requirements will vary with each
PROJECT. The ENGINEER and COUNTY will meet and review the scope of work for each PROJECT
completed under terms of this contract and the COUNTY will identify which services it requires of the
ENGINEER. Based upon the scope of work and the required services the ENGINEER shall prepare his
proposal, which shall include a design phase schedule. That schedule shall include: design by phases;
owner and stakeholder responses thereto (included in the times set); and permitting. The schedule will
then be updated and delivered electronically every two (2) weeks.
B. All services listed herein may not be required for a project completed by the ENGINEER. The COUNTY
reserves the right to request additional services not listed here from the ENGINEER if required to
complete the work, and to direct that any listed services not be performed.
C. ENGINEER shall send documents that are to be delivered to the COUNTY to the COUNTY's contract
vendor for printing, unless otherwise approved in writing by the COUNTY. The COUNTY will be billed
directly for these printing costs.
II - PRE-DESIGN SERVICES PHASE
A. The ENGINEER shall work with the Owner to develop a scope of work, phases, schedule and budget for a
specific project. These services shall include programming, space schematics and flow diagrams, survey
of existing facilities, marketing studies, economic feasibility studies, project financing studies, etc. The
ENGINEER shall incorporate COUNTY space and graphic standards, and shall develop a program for a
specific project.
B. After completion of the pre-design services, the ENGINEER shall present these documents to the
COUNTY for review, comments, and approval. The COUNTY shall have the right to make changes on
review at no cost to the COUNTY as long as the original PROJECT scope is not materially affected
C. The ENGINEER shall present, at the request of the COUNTY, the pre-design documents to the Maricopa
County Facilities Management Department Review Committee and/or County Board of Supervisors.
III - SCHEMATIC DESIGN PHASE
A. The ENGINEER shall provide a preliminary evaluation of the program requirements and the PROJECT
budget constraints, each in terms of the other, then review with the COUNTY any inconsistencies evident
between these program requirements and the budgetary limitations.
B. Based upon the mutually agreed PROJECT program and budget requirements, the ENGINEER shall
prepare schematic design studies leading to the recommended design concept together with a general
description of the PROJECT in teints of its scale and interrelationship of parts. The ENGINEER shall
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submit four (4) sets of prints and an electronic copy of these documents to the COUNTY with a written
construction cost estimate based upon a current area, volume, or other unit cost criterion. Upon request the
ENGINEER shall provide the COUNTY, one (1) set of schematic design documents as revised by the
ENGINEER to incorporate COUNTY requested changes at the end of each respective design phase. The
schematic design documents will be in a pdf format acceptable to the COUNTY.
C. After completion of the schematic design studies and construction cost estimates, the ENGINEER shall
present these studies and estimates to the COUNTY for review, comment, and approval. The COUNTY
shall have the right to make changes on review at no cost to the COUNTY as long as the original
PROJECT scope is not materially affected.
D. The ENGINEER shall present, at the request of the COUNTY, the schematic design and construction cost
estimates to the Maricopa County Facilities Management Department Review Committee and/or County
Board of Supervisors.
IV - DESIGN DEVELOPMENT PHASE
A. After the schematic design studies and construction cost estimates are approved by the COUNTY and the
ENGINEER is so advised in writing by the COUNTY, the ENGINEER shall prepare from the approved
schematic design studies the design development documents and other criteria as may be appropriate.
B. The ENGINEER shall design the PROJECT so that the construction will conform to the requirements of
Title 34, Arizona Revised Statutes (ARS) regulating Public Buildings and Improvements as well as other
applicable laws, codes, and regulations.
C. The ENGINEER shall submit to the COUNTY a second construction cost estimate of the PROJECT and
of its major components based on the design development drawings and plans.
D. After completion of the design development phase and construction cost estimates, the ENGINEER shall
deliver four (4) sets of Design Development documents and outline specifications to the COUNTY for
review, comment, and approval. The Design Development Documents will be in a pdf fonnat acceptable
to the COUNTY. The COUNTY shall have the right to make changes on review at no additional cost
provided that the previously approved design development phase concept is not materially affected by
these changes. Upon request, the ENGINEER shall provide the COUNTY, one (1) set of design
development documents as revised by the ENGINEER to incorporate COUNTY requested changes at the
end of each respective design phase.
V - CONSTRUCTION DOCUMENTS PHASE
A. After the design development documents and construction cost estimates have been approved by the
COUNTY and the ENGINEER has been so advised in writing by the COUNTY, the ENGINEER shall
prepare, from the approved design development documents, construction drawings, plans, and
specifications setting forth in detail the work required, and shall assist in the drafting of the Form of
Proposal for the construction contract.
B. The ENGINEER and his consultants shall prepare all drawings for the PROJECT utilizing AutoCAD.
The drawings shall conform to the "CAD Layer Guidelines" established by the COUNTY. Project
Manuals shall be prepared utilizing Microsoft Word. When requested by the COUNTY, the ENGINEER
shall deliver four (4) sets of 50% complete Construction Documents and project manuals for review and
comment by the COUNTY. The Construction Documents shall be in a pdf format acceptable to the
COUNTY.
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C. The ENGINEER shall prepare his drawings according to generally accepted practices and, COUNTY
standards. The ENGINEER shall include the General Conditions as provided by the COUNTY within the
Technical Specifications provided for the specific project. The ENGINEER shall also complete and
include the General Requirements as provided by the COUNTY within the Technical Specifications
provided for the specific project, making all revisions necessary to meet the specific requirements for each
project.
D. The ENGINEER shall inform the COUNTY in writing of any adjustments to previous construction cost
estimates as indicated by changes in scope, requirements, or market conditions during the course of the
PROJECT.
E. The ENGINEER shall file the required Construction documents to secure approval of all governmental
authorities having jurisdiction over the design of the PROJECT. All filing and plans approval fees shall be
paid directly by the COUNTY. The ENGINEER shall comply with all applicable federal, state, and local
laws, codes, and regulations in effect at the time the construction contract documents (plans and
specifications) are submitted for regulatory approval. The ENGINEER shall be responsible for corrections
as required to comply with applicable laws, codes, and regulations at no additional cost to the COUNTY.
F. The ENGINEER shall submit two (2) sets of final design calculations, including structural, mechanical,
electrical, and plumbing, and four (4) sets of "Construction Documents" including Project Manuals for
review and approval to the COUNTY. The time required by the ENGINEER to make corrections to the
plans requested by the COUNTY or required by regulatory agencies is considered part of his total contract
time.
G. No later than 14 calendar days following submittal of "Construction Documents" to the COUNTY, the
ENGINEER shall submit a final construction cost estimate to the COUNTY, itemized by major categories
of work broken down according to the Construction Specification Institution's sixteen division standard.
H. After completion of the "Construction Documents" and after review by the COUNTY, the ENGINEER
shall, if requested by the COUNTY, present all documents to the Maricopa County Facilities Management
Department Review Committee and/or County Board of Supervisors.
VI - QUALITY ASSURANCE/QUALITY CONTROL
A. The COUNTY shall review ENGINEER'S preparation of plans and specifications at the conclusion of
each of the design phases. The ENGINEER shall provide such information as the COUNTY may require
regarding the ENGINEER's design and selection of materials and equipment. ENGINEER shall provide, at
the COUNTY'S request, such data and information as COUNTY may require regarding ENGINEER'S
estimate of probable construction cost for the PROJECT.
B. The COUNTY will review a Constructability and Value Engineering report prepared by the ENGINEER at
the completion of Schematic Design, Design Development and 50% of Construction Documents phases.
C. The ENGINEER shall verify they have a Quality Assurance/Quality Control Plan in place to be executed
through all phases of PROJECT work. The ENGINEER shall be solely responsible for carrying out the
Quality Assurance/Quality Control Plan for the PROJECT, the objective of which shall be to prevent
errors and omissions in the plans and specifications and other documents prepared by the ENGINEER. The
COUNTY will monitor the ENGINEER's implementation of the Quality Assurance/Quality Control Plan,
but the COUNTY will not be responsible for the ENGINEER's failure to carry out the Quality
Assurance/Quality Control Plan nor for the accuracy and quality of the ENGINEER's services. The
ENGINEER shall maintain all quality control records for a minimum of five (5) years following the date
of substantial completion of the PROJECT. The COUNTY's rights to examine such records shall not be
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construed to confer upon COUNTY a duty to check or examine such records, as the Quality
Assurance/Quality Control Plan and its documentation is the sole responsibility of the ENGINEER.
D. Failure by the ENGINEER or his consultants to incorporate COUNTY or regulatory agency comments
into his plans shall constitute an error or omission on the part of the ENGINEER and the cost of any
necessary corrective action is to be borne by ENGINEER.
VII - BIDDING PHASE
A. Upon approval of the final "Construction Documents", including drawings, specifications, and other
contract documents, and upon issuance of a call for construction bids, the ENGINEER shall send
documents to COUNTY's contract vendor. The COUNTY's contract vendor shall be responsible for
printing and distribution of bid sets to contractors and bidding services. At the option of the COUNTY,
the ENGINEER may be responsible for the distribution of sets of bidding documents and shall collect a
deposit prior to release of any set, conditional upon the return of the bidding documents in reusable
condition.
B. The ENGINEER shall review all submittals from contractors or suppliers for requested substitutions. The
ENGINEER shall review all drawings, samples and various other submittals to determine compliance with
the PROJECT plans and specifications. If the ENGINEER determines that a substitution meets the
specifications, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall then publish in an addendum, a listing all prior approval substitutions approved by both
the ENGINEER and COUNTY not less than seven (7) days prior to the opening of bids. Failure by the
ENGINEER or his consultants to incorporate COUNTY comments, adequately evaluate substitutions and
issue the addenda according to statutory requirements shall constitute an error or omission on the part of
the ENGINEER and the cost of any necessary corrective action is to be borne by ENGINEER.
C. The ENGINEER shall prepare and distribute addenda as required.
D. The ENGINEER shall prepare the agenda and conduct a PROJECT pre-bid meeting for potential bidders
to encourage competent, competitive bids and to clarify any contractor questions about the PROJECT. At
this meeting the ENGINEER shall discuss the PROJECT scope of work, the contract documents, including
any addenda. The ENGINEER shall record minutes of the pre-bid meeting and forward a record of the
meeting to the COUNTY within three (3) working days after the pre-bid meeting.
E. BID OPENING - The ENGINEER shall attend the bid opening(s) for the PROJECT and upon receipt of
all bids, (if requested by the COUNTY) shall review and analyze same for the purpose of advising the
COUNTY as to the validity and completeness of bids, the resolution of any problems or inquiries
associated with the bidding process and the ENGINEER's recommendations as to which Contractors are
eligible and qualified to perform the work. The ENGINEER (if requested by the COUNTY) shall also
advise the COUNTY which if any, of the low bid Contractors should or should not be awarded contracts to
perfoim the work and shall appropriately justify this advice.
F. OVERBUDGET BIDS - In the event a PROJECT is bid and the lowest responsible bid is more than 10%
over the ENGINEER's estimate, the COUNTY may reject all bids or appropriate such additional moneys
as are necessary to award the bid. In the event the COUNTY elects to reject all bids, the COUNTY shall
direct the ENGINEER to redesign the PROJECT and re-bid the project, without additional fee.
VIII - CONSTRUCTION PHASE
A. The ENGINEER shall prepare the agenda, attend and assist the COUNTY in conducting the
pre-construction conference with the successful bidder. The ENGINEER shall record the pre-construction
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meeting and forward a written record of the meeting minutes to the COUNTY within three (3) working
days.
B. At the pre-construction conference the ENGINEER shall deliver to the COUNTY three (3) sets of posted
plans and specifications for the project. Two (2) sets shall be for other COUNTY use and one (1) set shall
remain in the construction office for use by the COUNTY and ENGINEER during the course of
construction.
C. The ENGINEER shall have access to the work on the PROJECT in normal business hours after proper
notice to the Contractor whenever the work is in preparation or progress. At all times, proper safety
precautions shall be taken by the ENGINEER.
D. The ENGINEER shall review and make recommendations to the COUNTY on all claims made by the
Contractor and on all other matters relating to the execution and progress of the work and regarding the
interpretation of the construction contract documents.
E. The ENGINEER shall timely review all shop drawings, samples and various other submittals to determine
compliance with the PROJECT plans and specifications. If the ENGINEER determines that a substitution
is required, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall advise the COUNTY upon the rejection of any submittal item and provide to the
COUNTY an analysis that reflects the effect of such rejection upon the projects critical path and project
execution. As to submittals, ENGINEER will review submittals for items specifically mentions in the
Specifications. Responses shall be made within not less than fourteen (14) days after submittals are
received.
F. The ENGINEER shall prepare Proposal Requests and shall forward the proposal, together with the reason
and justification for the change, the evaluation of options to the proposed change, his recommendations
and evaluation of associated costs and effects upon the construction schedule to the COUNTY.
G. The ENGINEER shall review Change Order requests (if requested by the Owner) and shall forward the
proposed Change Order, together with his final recommendations to the COUNTY.
H. The ENGINEER shall respond to requests for information and shall issue such ENGINEER's
Supplemental Instructions, AIA Document G710, as are required for the clarification of the construction
contract documents and to expedite construction of the PROJECT. ALL SUPPLEMENTAL
INSTRUCTIONS AND FIELD ORDERS MUST HAVE THE APPROVAL OF THE COUNTY. RFI's
shall be submitted in numerical order, with no breaks in consecutive numbering. Each page of any
attachments to an RFI shall bear the RFI number. All RFI's should be submitted by e-mail. RFI's
requesting information already in the Contract Documents may be returned as frivolous. RFI' s shall not be
utilized to approve submittals or substitutions nor to request Task Order Modifications or Change Orders,
RFI' s shall be responded to within seven (7) days of being received, referencing the RFI number.
I. The ENGINEER of record and the Consultants of record and their designated representatives shall make
periodic site visits for the purpose of determining general compliance with the approved PROJECT plans
and specifications.
1. The frequency of these periodic visits shall be determined by the particular work being performed and
their relationship to critical events including but not limited to: major system start-up's, and items of
noimal building inspection procedures, particularly work that will be covered or concealed. Additional
attention shall be given and reported on construction items concealed later as PROJECT work
progresses.
2. All site visits shall be conducted by the appropriate professional discipline for the work in progress.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
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3. All visits shall be documented by dated reports on the ENGINEER's Field Report, AIA Document
G711. Problems requiring action by the ENGINEER or his consultants shall also be recorded, dated,
and appended to the Field Report. Copies shall be forwarded to the COUNTY weekly.
4. It is considered important that the quality of work to be later concealed be observed and documented
on a regular basis. Any deviations from the approved PROJECT plans and specifications shall be
brought to the attention of the Contractor and the COUNTY.
5. The ENGINEER shall review the plans maintained at the site by the Contractor for notion of "as-built"
construction and report to the COUNTY on the progress of the Contractor's change notation work
monthly with each request for payment.
6. The ENGINEER shall review the contractors shop drawing log, the progress of submittals and the
completeness and accuracy of his as-built noted plans.
J. The ENGINEER shall review all Contractor payment requests and receipts for stored materials and certify
that to the best of his knowledge, information, and belief, based on what his observations have revealed,
the quality and quantity of the work is in accordance with the Contract Documents. As part of each
payment application review the ENGINEER shall review the as-built drawings to confirm they are current
and notify the Owner of their status.
K. The ENGINEER and OWNER shall review materials testing reports required by the construction
documents prior to filing. The ENGINEER shall review with the COUNTY and direct corrective work in
all instances where these reports indicate materials failure to meet specifications.
L. The ENGINEER shall prepare Certificates of Substantial Completion and Final Completion when
appropriate. The ENGINEER shall conduct inspections and, subject to the COUNTY approval, determine
the Date of Substantial Completion and Final Completion and enter such date on the Certificate.
M. The ENGINEER will create the punch list upon Substantial Completion and review the performances of
the items to assure their having been completed.
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES
A. The following items represent additional services of the ENGINEER that may be required on a PROJECT.
Upon the request by the COUNTY, the ENGINEER shall submit costs for requested additional services.
The ENGINEER is not to proceed with any additional services without written approval from the
COUNTY.
B. Upon request of the COUNTY, the ENGINEER shall maintain a competent full-time person at the Project
Site to monitor job progress and for conformance of materials and construction with the Contract
Documents for this new facility. The ENGINEER's full-time representative shall be an experienced
Arizona Registered ENGINEER suitable to the COUNTY who shall be present at the Project Site a
minimum of forty (40) hours per week and when any work by the contractor or his subcontractors is being
performed except for Arizona State authorized holiday periods. The ENGINEER' s office staff as required
shall support this resident observer.
1. A resume of this full-time representative shall be furnished to the COUNTY for review and approval.
This observer shall attend all progress meetings at which the COUNTY, ENGINEER, General
Contractor, and Subcontractors can discuss jointly job procedures, progress, problems, and scheduling.
2. The observer shall maintain at the Project Site, on a current basis, contract records, supplemental
instructions, records of all necessary contract, approved drawings and specifications, samples,
materials maintenance and operating manuals and instructions, and other construction related
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
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documents, including all revisions thereto. He shall obtain from the Contractor a current set of record
drawings, specifications and operating manuals at the completion of the PROJECT. The ENGINEER
shall see that all record items are delivered to the COUNTY.
3. The observer will issue weekly field reports, electronically submitted to the COUNTY.
4. The period of service for the observer shall be based on an established construction period of time.
Should it appear that construction work would carry beyond the contracted period of service, an
additional service must be authorized by the COUNTY in writing to extend observer's services.
X - OPERATION AND MAINTENANCE MANUAL(s)
A. Upon request of the COUNTY, as a condition for Substantial Completion, the ENGINEER shall review
comprehensive Operation and Maintenance Manual for the PROJECT and warranties.
B. The ENGINEER shall be responsible for the timely completion of these items so as not to delay his work
under this Agreement.
C. The Contractor coordinate and conduct all required, training sessions as required by the COUNTY to fully
explain and understand the safe operation and maintenance of the system. The ENGINEER shall ensure
the proper inclusion and coordination by the Contractor of all required factory training aids and sessions,
written guarantees, bonds, warranties, parts lists, spare parts, extra materials, replacement materials,
operating manuals, and maintenance manuals, and all operating and maintenance audio and visual
instructional and training materials shall be delivered to the COUNTY. All training sessions shall be
recorded by the ENGINEER on a media approved by the COUNTY.
D. POST-CONSTRUCTION WARRANTY - Upon request of the COUNTY, the ENGINEER shall assist
the COUNTY in conducting a post-construction inspection at least sixty (60) days prior to the expiration of
the two-year post-construction warranty period as required in the ENGINEER prepared Contract
Documents, making diligent efforts to identify all deficiencies and warranty-related problems and provide
a report on all faults noted and discovered during the inspection to the COUNTY and Contractor at least
forty-five (45) days prior to the expiration of the two-year warranty period. The ENGINEER shall provide
monthly updates of this report, and such reports shall be continued on a monthly basis past the expiration
of the two-year warranty period until the Contractor has corrected all items noted on the post anniversary
inspection report.
E. RECORD DRAWINGS — Upon request of the COUNTY, the ENGINEER shall prepare record drawings
separately for the PROJECT, except that buried underground utilities must be shown as "As-Built" and
certified as such with the signature of the Contractor's Superintendent. The ENGINEER's Construction
Documents shall include this certification requirement. The record drawings shall be in CAD and pdf
formats.
F. If requested by the COUNTY, the ENGINEER shall retain the services of an Arizona registered
professional engineer to prepare the necessary plans and specifications for a fire sprinkler system for the
PROJECT. The design shall include pipe types and sizes, valve types and sizes and all notations necessary
to construct a complete system. The plans will be prepared for the purposes of competitive bidding.
G. When the following services cause the ENGINEER extra expense and when authorized in writing prior to
performance of such work, these services will be paid for as an "Additional Service."
1. Revising previously approved drawings or specifications to accomplish changes requested by the
COUNTY.
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2. Preparing documents for supplemental construction work initiated after commencement of the
construction phase not caused by the errors or omissions of the ENGINEER.
3. Consultation concerning replacement of any work damaged by fire, flood and other natural causes
during construction and furnishing professional services as may be required in connection with the
replacement of such work.
4. Arranging for the work to proceed should the Contractor default due to delinquency or insolvency
H. The ENGINEER shall be compensated for additional services, when authorized in writing prior to
performance of such services. Hourly fee compensation shall be in accordance with Exhibit B— Hourly
Rate.
I. It is distinctly understood and agreed that no claims for additional compensation will be allowed by the
COUNTY except as provided herein, nor shall the ENGINEER perfoim any work or furnish any materials
not covered by this Agreement. Such work or materials furnished by the ENGINEER without the written
authorization from the Director, Facilities Management Department, or his designee, shall be at his own
risk, cost and expense. The ENGINEER hereby agrees that without such prior written authorization, he
will make no claim for compensation for such work or materials furnished.
J. Failure to perform any part of the additional services identified within this section shall constitute a
violation of this contract. In the event of such failure, the COUNTY reserves the right to contract with
others to have these services completed and the full amount for such a contract as well as such reasonable
costs incurred by the COUNTY to obtain that contract shall be borne by the ENGINEER. This cost shall
be deducted from fees due the ENGINEER.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
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EXHIBIT B — HOURLY RAILS
Facilities Management Department
MARICOPA COUNTY, ARIZONA
180020-ROQ Term Geotechnical Engineering Services
ENGINEERING SERVICES CONTRACT
SERIAL # 180020-ROQ
CONTRACT NO. 180020-R0Q
COMPANY NAME: Terracon Consultants, Inc.
(The following is the format for the fees schedule. Please add/delete applicable job classifications as may be
applicable to on-call/as required project work assignments).
DIRECT LABOR BILLING
STAFF CLASSIFICATION HOURLY RATE HOURLY RATE
Principal 67.97 214.63
Senior Project Manager 52.72 166.48
lanager 38.70
Geotechnical/Project Engineer 32.22 101.72
Staff Enainee 28.85 91.10
Inspect° 23.80 75.15
Field Technician 20.05 63.31
Laboratory Technician 19.75 62.35
CAD Drafter 24.60 77.68
Clerical 22.41 70.75
187.06 % Overhead
10 % Profit
[(Direct Labor Hourly Rate x 0/11 Rate) ± Direct Labor Hourly Rate] x Profit
% = Billing Hourly Rate
For example on a $71.94 direct labor hourly rate with an 0/H percentage of 138.64% and a 10% profit.
($71.94*1.3864)=99.74
$71.94 + 99.744171.68
$171.68*1.10% (Profit)=$188.85 (Billing Hourly Rate)
TERM ENGINEERING SERVICES' CONTRACT SERIAL NO. 180020-ROO
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EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE
PROGRAM PARTICIPATION REPORTING FORM
This form is to be submitted with each pay application or invoice. Any pay application or invoice without this form attached is subject
to rejection as not being a completed pay application or invoice pursuant to the terms of the contract.
Name of Prime Consultant/Contractor Contract No.
Contact Person Project No.
Street Address Amount of this Pay Application/Invoice
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay application/invoice. If work
was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the
SBE firm.
SBE Firm Name SBE Firm Address Type of Work Performed $ Pd to SBE this App/Inv
$
$
$
$
$
$
$
$
$
$
111 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:
Phone No.:
Printed Name
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
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EXHIBIT D - LEGAL WORKER CERTIFICATION
(NOTE: Please complete this form again if requested by the contracting officer)
11/8/2017
(Date)
Marieopa County
Office of Procurement Services — Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the "County") is prohibited, after
September 30, 2008 from awarding a contract to any contractor who fails, or whose subcontractors fail, to
comply with Arizona Revised Statutes § 23-214-A. The undersigned entity warrants that it complies fully with
all federal immigration laws and regulations that relate to its employees, that it shall verify, through the
employment verification pilot program as jointly administered by the U.S. Department of Homeland Security
and the Social Security Administration or any of its successor programs, the employment eligibility of each
employee hired after December 31, 2007, and that it shall require its subcontractors and sub-subcontractors to
provide the same warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or
sub-subcontractor under any Contract resulting from this solicitation shall be deemed a material breach of the
Contract, and is grounds for penalties, including termination of the Contract, by the County. The County
retains the right to inspect the records of the below entity, subcontractor and sub-subcontractor employee who
performs work under the Contract, and to conduct random verification of the employment records of the below
entity and any subcontractor and sub-subcontractor who works on the Contract, to ensure that the below entity
and each subcontractor and sub-subcontractor is complying with the warranties set forth above.
TERRACON CONSULTANTS, INC. 4685 SOUTH ASH AVENUE, SUITE H-4
(Firm) (Address Line 1)
DONALD R. CLARK TEMPE, ARIZONA 85282
(Print Name) (Address Line 2)
StC1d1OR PRIPAL NCI 480-897-8200
(Pri (Phone)
480-897-1133
(Signature Required) (Fax)
don.clark@terracon,com 42-1249917
(Email Address) (Federal Taxpayer ID Number)
TERM ENGINEERING SERVICES CONTRACT SERIAL NO, 180020-ROQ
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EXHIBIT E
ALTERNATIVE DISPUTE RESOLUTION
1.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative
dispute resolution ("ADR") process provided herein shall be the exclusive means for resolution of
claims or disputes arising under or related to the Contract, the interpretation thereof or the performance
or breach by any party thereto, including but not limited to original claims or disputes asserted as cross
claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or
ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts
containing this ADR provision. No changes can be made to this process without the mutual assent of
the County and the claimant. The parties have structured this procedure with the goal of providing for
the prompt, efficient and final resolution of all disputes falling within the purview of this ADR
process.
1.2 Meeting of Principals. When a claim is made or a dispute (hereafter "dispute") as described in
Paragraph 1.1 arises, senior representatives of the County and the claimant will meet personally within
ten (10) business days to discuss the dispute and attempt to resolve it. If, after good faith efforts,
resolution is not achieved, the dispute will proceed to mediation.
1.3 Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as
single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar of
Arizona and have experience in construction law.
1.4 Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the
parties may enter into mediation. The parties shall jointly select a mediator. The parties may mutually
agree to waive mediation and proceed directly to arbitration. If the mediation process is requested by
either party, the mediation period shall be informal and shall not exceed sixty (60) calendar days from
the selection of the mediator. During the mediation process either party may terminate mediation on
written notice to the other party and the mediator.
1.5 Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if mediation is unsuccessful, if mediation has been waived by
the parties, or if a party requests arbitration during the mediation process. Except as provided in
Section 1.7.5 and 1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on the
parties and not subject to further judicial review.
1.5.1 A party requesting binding arbitration shall notify the other party of their demand for
arbitration in writing within seven (7) calendar days of (1) the failure of mediation; (2) waiver
of mediation; or (3) of the party's demand to terminate mediation.
1.5.2 If the Engineer requests arbitration it shall post a cash bond with the arbitrator in an amount
agreed upon by the parties or, in the event of no agreement, the arbitrator shall establish the
amount of the cash bond to defray the cost of the arbitration and the proceeds from the bond
shall be allocated in accordance with paragraph 1.7.7. The bond must be in the full amount
agreed upon or as established by the Arbitrator to pay the potential cost of the full arbitration
proceeding. The bond must be posted with and received by the arbitrator within five (5)
calendar days after the demand for arbitration.
1.5.3 Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the parties
shall each submit two names to a Judge designated by Maricopa County who shall select the
single arbitrator.
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1.5.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the
County's appointed arbitrator, the Engineer appointed arbitrator and a third arbitrator who
shall be selected by the parties' arbitrators and serve as the Chair of the arbitration panel.
1.5.5 The arbitration is to be convened and administered under the Revised Uniform Arbitration Act
("RUAA") (A.R.S. § 12-3001 et seq.) and the American Arbitration Association Construction
Rules shall serve as a guideline for proceedings, thus as a supplement to the RUAA.
1.6 Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel to
set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines that the
circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange for
scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not
expedited will commence as soon as practical but in no event later than thirty (30) calendar days after
notification of request for arbitration having been received. This deadline can be extended only with
the consent of all the parties to the dispute, or by decision of the single arbitrator or the Chair of the
arbitration panel upon a showing of good cause.
1.7 Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner that
will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each
party shall supply to the single arbitrator or arbitration panel a written pre-hearing statement which
shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a
brief description of the subject matter of the testimony of each witness who will be called to testify,
and an estimate as to the length of time that will be required for the arbitration hearing. The single
arbitrator or the Chair of the arbitration panel shall determine the nature and scope of discovery, if any,
and the manner of presentation of relevant evidence consistent with deadlines provided herein, and the
parties' objective that disputes be resolved in a prompt and efficient manner. No discovery may be
had of any materials or infoimation for which a privilege is recognized by Arizona law. The single
arbitrator or the Chair upon proper application shall issue such orders as may be necessary and
permissible under law to protect confidential, proprietary or sensitive materials or information from
public disclosure or other misuse. Any party may make application to the Maricopa County Superior
Court to have a protective order entered as may be appropriate to confirm or enforce such orders of the
Chair.
1.7.1 Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed
from working day to working day until concluded, absent a showing of good cause.
1.7.2 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a hearing
issue an award. The arbitration panel shall, within ten (10) calendar days from the conclusion
of any hearing, by majority vote, issue its award. The award shall include an allocation of fees
and costs pursuant to 1.7.7 herein. The award is to be in accordance with the Contract and the
law of the State of Arizona.
1.7.3 Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall be
void. If an award is made against any party in excess of one hundred thousand dollars
($100,000), exclusive of interest, arbitration fees, costs and attorneys' fees, it shall be
supported by written findings of fact, conclusions of law and a statement as to how damages
were calculated.
1.7.4 Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the
amount asserted in any party's claim, but shall conduct a preliminary hearing into the question
of jurisdiction over the claim as regards its amount upon application of any party at the earliest
convenient time, but not later than the commencement of the arbitration hearing. If the dispute
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
Term Geotechnical Engineering Services Page 32

is determined to involve less than $200,000, the arbitration shall continue before the Neutral
Arbitrator as a single arbitrator, with the party appointed arbitrators being excused.
1.7.5 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment on
it.
1.7.6 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Mediator
or the single arbitrator or arbitration panel, may: (i) at the request of any party, join and/or
sever parties, and/or claims arising under other contracts containing this ADR provision, and
(ii) the Mediator, on his own authority, or the single arbitrator or arbitration panel may, on its
own authority, join or sever parties and/or claims subject to this ADR process as deemed
necessary for a just resolution of the dispute, consistent with the parties' goal of the prompt
and efficient resolution of disputes, provided; however, that the ALE, OWNER and Project
Professionals shall not be joined as a party to any claim made by a Engineer. Nothing herein
shall create the right by any party to assert claims against another party not arising under or
related to the Contract or not recognized under the substantive law as applicable to the dispute.
Neither the Mediator nor the single arbitrator or arbitration panel is authorized to join to the
proceeding parties not in privity with the County. The Engineer cannot be joined to any
pending arbitration proceeding, without Engineer express written consent and unless Engineer
is given the opportunity to participate in the selection of the single arbitrator or non-County
appointed arbitrator.
1.7.7 Fees and Costs. Each party shall bear its own fees and costs in connection with any informal
hearing before the mediation. All fees and costs associated with any arbitration before the
single panel or arbitration panel, including without limitation the arbitrator fees, and the
prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the
non-prevailing party, except as provided for herein. In the event that Engineer is the non-
prevailing party, all fees and costs as noted above shall first be paid out of the bond posted
with the arbitrator. In no event shall the Engineer obligation to pay fees and costs be limited
to the amount of the bond posted herein. In no event shall any arbitrator's hourly fees be
awarded in an amount in excess of $250 per hour and (i) costs shall not include any travel
expenses in excess of mileage at the rate paid by Maricopa County, not to exceed a one way
trip of 150 miles, and (ii) all travel expenses, including meals, shall be reimbursed pursuant to
the travel policy of Maricopa County in effect at the time of the hearing. The determination of
prevailing and non-prevailing parties, and the appropriate allocation of fees and costs, will be
included in the award by the single arbitrator or arbitration panel.
1.7.8 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to a
party's attorneys or accountants, no party shall make any disclosure related to the disputed
matter or to the outcome of any proceeding except to the extent required by law, or to seek
interim equitable relief, or to enforce an agreement reached by the parties or an award made
hereunder. This provision does not affect the County's right to infoim the County Supervisors
of the dispute.
1.7.9 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party
can petition the Maricopa County Superior Court for interim equitable relief as may become
necessary to preserve the status quo and prevent immediate and irreparable harm to a party or
to the Project pending resolution of a dispute pursuant to ADR provided herein. No court may
order any permanent injunctive relief except as may be necessary to enforce an order entered
by the arbitration panel. The fees and costs incurred in connection with any such equitable
proceeding shall be determined and assessed in ADR.
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1.7.10 Change Order. Any award in favor of the Engineer against the County or in favor of the
County against the Engineer shall be reduced to a Change Order and executed by the parties in
accordance with the award and the provisions of the Contract or a settlement agreement as
appropriate.
1.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include
all claims, demands, and requests for compensation for costs and losses or other relief,
including the extension of the Contract performance period which reasonably should or could
have been brought against any party that was or could have been brought into this ADR
process, with respect to the subject claim. The arbitration panel shall apply legal principles
commonly known as merger and bar to deny any claim or claims against any party regarding
which claim or claims recovery has been sought or should have been sought in a previously
adjudicated claim for an alleged cost, loss, breach, error, or omission.
1.8 Inclusion in Other Contracts. The Engineer shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
END OF EXHIBIT
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
Term Geotechnical Engineering Services Page 34

,---- 7 6
AC'CPRE, DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
‘Pawo 1/1/2018 11/7/2017
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 Lockton Companies CONTACT NAME:
444W. 47th Street, Suite 900 PHONE FAX
Ext): (A/C, No):
Kansas City MO 64112-1906 E-MAIL
(816) 960-9000 ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Lexington Insurance Company 19437
INSURED TERR_ACON CONSULTANTS, INC. INSURER B : Travelers Property Casualty Co of America 25674
1312890
4685 SOUTH ASH AVENUE INSURER C : The Travelers Indemnity Company 25658
TEMPE AZ 85282 INSURER D:
INSURER E:
INSURER F:
COVERAGES TERC001 CERTIFICATE NUMBER: 15052541 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIVYYY) (MM/DD/YYYY) LIMITS
B x COMMERCIAL GENERAL LIABILITY Y Y TC2J-GLSA-)118L293 1/1/2017 1/1/2018 EACH OCCURRENCE ,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000
X CONTRACTUAL LIAB MED EXP (Any one person) $ 25,000
PERSONAL & ADV INJURY $ 1,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY .A. N., JECT PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
B AUTOMOBILE LIABILITY y TC2J-CAP-131J3858 1/1/2017 1/1/2018 C(E0aMaILINidEASINGLE LIMIT $ 2,000,000
x ANY AUTO BODILY INJURY (Per person) $ XXXXXXX
AUTOS OWNED ONLY AUTOS SCHEDULED BODILY INJURY (Per accident) $ XXXXXXX
HIRED NON-OWNED PROPERTY DAMAGE $ )00(XXXX
AUTOS ONLY AUTOS ONLY (Per accident)
$ XXXXXXX
B x UMBRELLA LIAB X OCCUR Y Y ZUP-91M46583 1/1/2017 1/1/2018 EACH OCCURRENCE $ 5,000,000
B EXCESS LIAB CLAIMS-MADE (EXCLUDES PROF. LIAB.) AGGREGATE $ 5,000,000
DED RETENTION $ $ XXXXXXX
WORKERS COMPENSATION -,,, PER OTH-
C AND EMPLOYERS LIABILITY TC2KUB1317374217 (AOS) 1/1/2017 1/1/2018 -,N. STATUTE ER
C _ ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N TRKUB131J384617 (AZ 1/1/2017 1/1/2018 E.L. EACH ACCIDENT $ 1,000,000
na OFFICER/MEMBER EXCLUDED? N N/A TC2KUB131J374217 (CA) 1/1/2017 1/1/2018
(Mandatory in NH) EL. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ 1 000,000
A PROFESSIONAL N N 26030216 /1/2017 1/1/2018 $2,000,000 EACH CLAIM &
LIABILITY $2,000,000 IN THE ANNUAL
AGGREGATE.
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: PROJECT NUMBER: , PROJECT NAME: SERIAL 180020-R0Q, TERM GEOTECHNICAL ENGINEERING SERVICES CONTRACT. MARICOPA COUNTY, ITS AGENTS,
REPRESENTATIVES, OFFICERS, DIRECTORS, OFFICIALS AND EMPLOYEES ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY, AUTO
LIABILITY AND UMBRELLA/EXCESS LIABILITY, THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. WAIVER
OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY, EXCESS/UMBRELLA LIABILITY, AND WORKERS COMPENSATION/EMPLOYER'S
LIABILITY, WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION See Attachments
15052541
MARICOPA COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
OFFICE OF PROCUREMENT SERVICES THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
320 W. LINCOLN STREET
PHOENIX, AZ 85003
AUTHORIZED REPRESENTATIV i
-4,-d
/ / .-, Ai
1988C2015 -ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: TC2J-GLSA-1118L293 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS
IF REQUIRED BY WRITTEN CONTRACT
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1 The following is added to SECTION II - WHO IS AN INSURED:
Any person or organization that:
a. You agree in a "written contract requiring insurance" to include as an additional insured
on this Coverage Part; and
b. Has not been added as an additional insured for the same project by attachment of an
endorsement under this Coverage Part which includes such person or organization in
the endorsement's schedule;
is an insured, but:
a. Only with respect to liability for "bodily injury", "property damage" or "personal injury";
and
b. Only as described in Paragraph (1), (2) or (3) below, whichever applies:
(1) If the "Written contract requiring insurance" specifically requires you to provide
additional insured coverage to that person or organization by the use of:
(a) The Additional Insured - Owners, Lessees or Contractors - (Form B) endorsement
CG 20 10 11 85; or
(b) Either or both of the following: the Additional Insured - Owners, Lessees or
Contractors - Scheduled Person Or Organization endorsement CG 20 10 10 01, or
the Additional Insured - Owners, Lessees or Contractors - Completed Operations
endorsement CG 20 37 1001;
the person or organization is an additional insured only if the injury or damage arises out
of "your work" to which the "written contract requiring insurance" applies;
(2) If the "written contract requiring insurance" specifically requires you to provide additional
insured coverage to that person or organization by the use of:
(a) The Additional Insured - Owners, Lessees or Contractors - Scheduled Person or
Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional
Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG
20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those
edition dates; or
(b) Either or both of the following: the Additional Insured - Owners, Lessees or
Contractors - Scheduled Person Or Organization endorsement CG 20 10, or the
Additional Insured Owners, Lessees or Contractors - Completed Operations
endorsement CG 20 37, without an edition date of such endorsement specified;
the person or organization is an additional insured only if the injury or damage is caused,
in whole or in part, by acts or omissions of you or your subcontractor in the performance
Miscellaneous Attachment: M482524
Certificate ID: 15052541

of "your work" to which the "written contract requiring insurance" applies; or
(3) If neither Paragraph (1) nor (2) above applies:
(a) The person or organization is an additional insured only if, and to the extent that, the
injury or damage is caused by acts or omissions of you or your subcontractor in the
performance of "your work" to which the "written contract requiring insurance" applies;
and
(b) The person or organization does not qualify as an additional insured with respect to
the independent acts or omissions of such person or organization.
2. The insurance provided to the additional insured by this endorsement is limited as follows:
a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the
minimum limits of liability required by the "written contract requiring insurance", the
insurance provided to the additional insured will be limited to such minimum required
limits of liability. For the purposes of determining whether this limitation applies, the
minimum limits of liability required by the "written contract requiring insurance" will be
considered to include the minimum limits of liability of any Umbrella or Excess liability
coverage required for the additional insured by that "written contract requiring insurance".
This endorsement will not increase the limits of insurance described in Section III - Limits
Of Insurance.
b. The insurance provided to the additional insured does not apply to "bodily injury",
"property damage" or "personal injury" arising out of the rendering of, or failure to render,
any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders or change orders, or the preparing, approving,
or failing to prepare or approve, drawings and specifications; and
(2) Supervisory, inspection, architectural or engineering activities.
c. The insurance provided to the additional insured does not apply to "bodily injury" or
"property damage" caused by "your work" and included in the "products-completed
operations hazard" unless the "written contract requiring insurance" specifically requires
you to provide such coverage for that additional insured during the policy period.
3. The insurance provided to the additional insured by this endorsement is excess over any valid
and collectible other insurance, whether primary, excess, contingent or on any other basis,
that is available to the additional insured. However, if the "written contract requiring
insurance" specifically requires that this insurance apply on a primary basis or a primary and
non-contributory basis, this insurance is primary to other insurance available to the additional
insured under which that person or organization qualifies as a named insured, and we will not
share with that other insurance. But the insurance provided to the additional insured by this
endorsement still is excess over any valid and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is available to the additional insured when that
person or organization is an additional insured, or is any other insured that does not qualify
as a named insured, under such other insurance.
4. As a condition of coverage provided to the additional insured by this endorsement:
a. The additional insured must give us written notice as soon as practicable of an
"occurrence" or an offense which may result in a claim. To the extent possible, such notice
should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or
Miscellaneous Attachment: M482524
Certificate ID: 15052541

offense.
b. If a claim is made or "suit" is brought against the additional insured, the additional insured
must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
The additional insured must see to it that we receive written notice of the claim or "suit" as
soon as practicable.
c. The additional insured must immediately send us copies of all legal papers received in
connection with the claim or "suit", cooperate with us in the investigation or settlement of
the claim or defense against the "suit", and otherwise comply with all policy conditions.
d. The additional insured must tender the defense and indemnity of any claim or "suit" to any
provider of other insurance which would cover the additional insured for a loss we cover
under this endorsement. However, this condition does not affect whether the insurance
provided to the additional insured by this endorsement is primary to other insurance
available to the additional insured which covers that person or organization as a named
insured as described in Paragraph 3. above.
5. The following is added to the DEFINITIONS Section:
"Written contract requiring insurance" means that part of any written contract or agreement
under which you are required to include a person or organization as an additional insured on
this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the
"personal in-jury" is caused by an offense committed, during the policy period and:
a. After the signing and execution of the contract or agreement by you; and
b. While that part of the contract or agreement is in effect.
CG D6 04 08 13
Miscellaneous Attachment: M482524
Certificate ID: 15052541

POLICY NUMBER: TC2J-CAP-131J3858 COMMERCIAL AUTO
ISSUE DATE: 01/01/2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR COVERED AUTOS LIABILITY
COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH
OTHER INSURANCE - CONTRACTORS
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS
WHERE REQUIRED BY WRITTEN CONTRACT.
PROVISIONS
1. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II- COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization designated in the Schedule Of Additional Insured Persons Or
Organizations who you are required under a written contract or agreement, that is signed by you before
the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an
additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance
applies and only to the extent of that designated person's or organization's liability for the conduct of
another "insured".
2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION
IV - BUSINESS AUTO CONDITIONS:
Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with applicable other insurance under which the person or
organization designated in the Schedule of Additional Insured Persons Or Organizations is a named
insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or
"property damage" occurs and that is in effect during the policy period, requires this insurance to be
primary and non-contributory.
CA T6 00 02 16
Miscellaneous Attachment: M467648
Certificate ID: 15052541

September 25, 2017
Maricopa County
Office of Procurement Services
320 West Lincoln Street, 2nd Floor
Phoenix, Arizona 85003
Re: Statement of Qualifications for Contract 180020-ROQ
Maricopa County Term Geotechnical Engineering Services
Terracon Reference No. P63175239
The following Statement of Qualification (SOO) showcases the Terracon team's qualifications and unique
proprietary software to provide professional geotechnical engineering services as an extension of Maricopa
County. Having supported other Maricopa County Departments for most of the last 20 years, Terracon has a
sincere interest in supporting Maricopa County Facilities Management on this contract. Terracon, one of the
largest and most established regional and national geosciences consulting firms, offers Maricopa County a
focused team of engineers that have the skills, experience, and local resources to partner with Maricopa County
on their projects. The Terracon team was specifically structured to deliver the most related experience for the
best value. In doing so, we are confident that we are the team best suited to:
Deliver Maricopa County projects on schedule Deliver diverse project expertise
Provide the most experience for the best value Foster increased collaboration between
project stakeholders
The Terracon key personnel proposed for this contract commit to meet and exceed Maricopa County's
expectations for this work. Our ultimate goal is to assure your quality and schedule expectations when
undertaking assignments under this contract. To that end, Terracon has assigned Ramon Padilla, P.E. of
Terracon's Phoenix office as Senior Project Manager for this contract. We remain available to discuss the
details of our qualifications with you. Please call should further consultation be required.
Sincerely,
Terracon Consultants, Inc.
Ramon Padilla, P.E. Donald R. Clark, P.E.
Geotechnical Department Manager/ Sr. Consultant/Project Principal
Senior Project Manager
Terracon Consultants, Inc. 4685 S. Ash Avenue, Ste. H-4 Tempe, Arizona 85282
P [480] 897 8200 F [480] 897 1133 www.terracon.com

PRIOR EXPERIENCE - The following projects demonstrate Terracon's project and technical
capabilities. References are listed here in Attachment 1.
Maricopa City Hall Complex & Police Station, NEC of Bowlin Road and White & Parker Road, AZ
Terracon completed the geotechnical engineering
exploration for Phase I of the Maricopa City Complex which
included the City Hall building, a Police Station, and related
on-site improvements on approximately 10 acres of land.
The City Hall building is a two-story structure with a
footprint of 45,000 square feet and the Police Station is a
single-story structure with a footprint of 11,000 square feet.
The site required approximately 3 to 5 feet of fill to raise the
entire site up to their design grades from a drainage and
flood protection standpoint.
Due to the relatively poor subsurface conditions, the grading requirements, and the structural loads for
the City Hall building, controlling settlement to tolerable limits was a concern during design. Terracon
collaborated with the City to develop site—specific and economical grading and foundation solutions for
the building. The geotechnical engineering design phase of the project took approximately 4 weeks and
the work was completed on-time and on-budget. Terracon's project fee from project start to end
remained the same at $8k. Terracon also provided the materials testing and observation services of the
off-site improvements on the project.
U.S. Federal Courthouse, 98 West 1st Street, Yuma, AZ
Terracon provided geotechnical engineering services for
this LEED Gold certified Courthouse. This project also
included the construction of Central Plant Building. The
Courthouse is a two-story structure totaling 60,000 gross
square feet which includes two courtrooms, judges'
chambers, jury rooms, U.S. Marshall facilities, detention
cells, and other court-related offices. The geotechnical fee
was approximately $15k, and the project excluded
variances to our fee and schedule.
148-Acre Vekol Regional Park with Multi-Generational Facility, SEC of SR347 and Bowlin Road,
Maricopa, AZ - Terracon completed the geotechnical engineering exploration for the project and
included geotechnical recommendations for the proposed facility building structures, improvements
to adjacent municipal roads, interior roads/drives and parking pavement areas, and storm-water
retention basins. The geotechnical fee was approximately $13k, and the project excluded variances
to our fee and schedule.
Copper Sky Police Substation, SEC of Greythorn Drive and Bowlin Road, Maricopa, AZ
Terracon completed the geotechnical engineering exploration services for an 8,100 square foot police
substation housing their 911 call center, Property Evidence Unit, a Community Room/Regional
Training Center and Emergency Operations Center. The geotechnical fee was approximately $3k,
and the project excluded variances to our fee and schedule.
MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 1

Pima County On-Call for Geotechnical & Construction Materials Testing
Terracon has successfully completed more than 90 geotechnical engineering and/or materials
testing projects during the years 2005-Present under this contract. Some of the projects have
included the following:
Murphy Wilmot Library Addition and Remodel
Kino Sports Complex MO Sports Complex
Pima County Adult Detention Center
Pima Animal Control Facility
• World View
Pantano River Park
n Pima County Sheriff Training Facility
• Adaptive Reuse of Ajo Train Depot
SE Regional Park & Recreation Shooting Range
n Pima County Emergency Communications and
Operations Center (PECOC)
Terracon's fees during the last five years for our Pima County contract are more than $288,500.
The majority of the projects we complete for the County are done on schedule and within budget.
The few projects that have had increased fees often result from design changes or requests for
additional services.
KEY TEAM MEMBERS
Maricopa County needs a consultant who has skilled professionals experienced in providing
geotechnical services on detention, judicial and general government facilities projects throughout
Arizona.
Terracon's employee owners selected for this project have extensive experience providing these
services on these types of facilities and many others. Our staff has a proven track record in excellent
execution of the fundamentals of the requested work scope items, but can also provide the County
with more advanced procedures and consulting services as needed.
Terracon has an Arizona staff of nearly 70 engineers, technicians, inspectors, scientists and
administrative staff. Brief biographic sketches are presented below, and one page resumes are
presented in Appendix A of this proposal.
RAMON PADILLA, P.E., Geotechnical Department Manager
Senior Project Manager/Contract Manager
Mr. Padilla is the Geotechnical Department Manager and a Senior Project Manager in Terracon's
Tempe office. He will actively serve as a Senior Project Manager and contract manager for this
contract. He will be responsible for ensuring that adequate personnel and other resources are made
available for this contract. He will also be responsible for all contractual matters and for the quality
and timeliness of all projects and services provided by Terracon under this contract. He has over
16 years of experience on a wide range of projects. Mr. Padilla has planned, conducted, and
completed geotechnical investigations and studies for municipal, county and state projects,
(transportation) bridge and roadway related structures, federal/military facilities, renewable energy
(solar) structures, forensic evaluations, embankments, slopes, infrastructure, and commercial and
residential developments. Mr. Padilla has a M.S. in Geotechnical Engineering from Arizona State
MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 2

University and a B.S. in Civil Engineering from the University of Guadalajara. He is a Professional
Engineer in Arizona (43838) and Nevada.
Mr. Padilla currently assists MCDOT through the Terracon MCDOT On-Call Contract. Mr. Padilla
has also managed numerous task order assignments on other on-call contracts. Throughout his
career, Mr. Padilla has been continuously committed to providing the required time and effort that
result in successfully delivering appropriate design recommendations.
DONALD R. CLARK, P.E., Senior Principal
Project Principal
Mr. Clark is a Senior Consultant and Senior Principal in the Tempe office. He has been with
Terracon for 25 years. Based in Arizona, Mr. Clark is recognized as one of Terracon's premier
geotechnical engineers providing engineering consultation for numerous Terracon projects across
the country. He will be responsible for providing project management and review on projects issued
under this contract. He has a M.S. and B.S. in Civil Engineering from the University of Colorado.
He is a Professional Engineering in Arizona (12546) and 14 other states. With 45 years of
geotechnical experience, Mr. Clark has been involved with numerous on-call contracts throughout
Arizona. His project experience includes geotechnical assessments for buildings, roads, streets,
highways, bridges, railroads, pipelines, retention ponds, and retaining (MSE) walls Mr. Clark brings
a wealth of direct related experience to Maricopa County for geotechnical engineering services and
task orders that will be issued under this contract.
JOE PHILLIPS, P.E. — Principal/Senior Regional Materials Engineer
Mr. Phillips will provide engineering review of technical documents, as needed and dependent on
the project details. Mr. Phillips has over 30 years of technical and management experience in the
engineering industry and construction materials. Mr. Phillips is the former pavement design
engineer for the Maricopa County Department of Transporttion. He understands how to look at a
project from the perspective of the owner, and has extensive experience evaluating parking lots
and other pavements and materials issues on projects throughout the Arizona.He has a B.S. in Civil
Engineering from the University of New Mexico and a M.S. in Civil Engineering from Arizona State
University. He is a registered Professional Engineer in Arizona (24425).
SCOTT D. NEELY, P.E., Principal Engineer
Senior Project Manager
Mr. Neely is a Senior Project Engineer in the Tempe office and Principal of the firm. He will serve
as a Senior Project Manager and provide technical review for projects issued under this contract.
With 32 years of experience Mr. Neely is well acquainted with local personnel and procedures. Mr.
Neely managed or was involved with a wide variety of projects that have included deep foundations,
load tests, rock slope design and pavement design. Mr. Neely has a M.S. in Geotechnical
Engineering from Arizona State University and a B.S. in Geological Engineering from the University
of Nevada at Reno. He is a Professional Engineer in Arizona (25003), a registered Geotechnical
Engineer in California (GE 3055), and one other state.
JESSE R. HUSTON, P.E., Senior Project Manager
Mr. Huston is a Senior Project Manager in Terracon's Tempe office with over 15 years of
geotechnical engineering experience on project types including transportation, public works,
energy, and commercial. Most recently, Mr. Huston was promoted to the role of Materials
z n MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-R0Q 3

Department Manager though he continues to provide project management for geotechnical
projects. Mr. Huston will serve as a senior engineer when Terracon is required to undertake multiple
task orders under this contract, and will assist the project manager in the execution of field
exploration and engineering services for specific task orders.
Organizational Chart
Ramon Padilla, RE.
Contract ManagF:r
Geotechnical Dept Manager
Joe Phillips, P.E. Don Clark, P.E.
Principal/Senior Regional Project Principal/
Materials Engineer Technical Reviewer
Scott Neely, P.E.
Senior ProjiaiJ
Manager
Jesse Huston, P.E.
Senior Project Manager
ARIZONA BUSINESS LICENSE AND CAPABILITIES OF ARIZONA OFFICE
For a half century, Terracon has thrived as a 100 percent employee-owned consulting engineering
firm, providing quality services to clients across a broad range of industries. From our roots in
geotechnical engineering, the company has evolved into a successful multi-discipline firm
specializing in Environmental, Facilities, Geotechnical, and Materials engineering and consulting
services. The firm currently employs more nearly 4,000
professionals nationwide in more than 140 offices providing
services in all 50 states.
Terracon's growth and prosperity is generated by dedicated
employee-owners who are responsive to clients, provide quality
services, and view the marketplace as a source of opportunities
for us to continually differentiate ourselves with a distinct value
proposition. Responsive, Resourceful, and Reliable. These
words are the essence of what we want clients to experience
when working with us as employee-owners.
!ferractL MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 4

SAFETY
Terracon's top commitment in providing services to our valued clients is in protecting the safety of
our workforce. We know this serves the interests of all involved including clients who share in a
strong desire to have incident and injury free projects.
Safety is one of Terracon's core values as evidenced by our
commitment to an "Injury and Incident Free (IIF)" culture.
Successful execution and delivery includes the need to work I/
safely and keep our employees and the public safe every day. Inc iden nd Injury-Free'
is about care and concern for peopte. It is our personal
and organizational commitment at all levels of the company to everyone going home safe to their
family every day. Working safely is an inseparable part of working correctly, just as much as other
operational priorities, in particular quality, budget and schedule. IIF is our commitment to our
people, who we value for who they are and what they do. Incidents, injuries and accidents are not
viewed as problems to make go away, but as opportunities to strengthen IIF. IIF is about developing
a mindset intolerant of any incidents or injuries no matter how minor or infrequent.
ARIZONA LICENSES AND LOCATIONS
Terracon possess all applicable license, certificates and
permits required by all governmental authorities and is ARIZONA TERRACON RESOURCES
authorized to conduct business in the State of Arizona and >>10 Registered Professional Engineers
the County of Maricopa. Terracon is also registered with »2 Registered Geologists
the Arizona State Board of Technician Registration to »4 Engineers in Training
practice civil engineering, our registration no. is 10818-2. »70+ total AZ staff, 55+ in Phoenix
»14, Environmental, IH & Safety Professionals
Terracon has 55+ technical and support staff members in »15 Field & Laboratory Technicians
»1 Certified Industrial Hygienist
the Phoenix (Tempe) office ready to deliver quality and » AHERA-certified 9 asbestos personnel
responsive services. All work will be performed by »Over 1,000 projects a year
Terracon employees and not through subcontractors.
Terracon has 20 technical and support staff in our Tucson office to lend support should the need
arise for additional personnel on tasks assigned under this contract.
ON-CALL CONTRACTS
Terracon's Arizona offices have 20 current on-call contracts with public agencies and utility entities,
providing environmental, materials testing, and geotechnical engineering services. Many of our
contracts, including the City of Phoenix, Arizona Department of Transportation and Maricopa
Community College District, span over 20 years. Our local staff of engineers and professionals is
well versed in the local and federal codes and regulations, as well as those of the state of Arizona,
and understand the needs and processes of an on-call contract that may have multiple funding
sources. We are well established and looking to expand our relationship with Maricopa County. The
follow are a list of current on-call contracts held by Terracon:
lierracon MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 5

Materials
On-Call Contract Environmental Geotechnical Testing
City of Yuma
City of Phoenix 1
ADOT Environmental Services On-call (Procurement) 1
Statewide Asbestos and Lead Paint On-calls
Mancopa County Department of Transportation
Maricopa County
Maricopa County Community College District
Salt River Pima Maricopa Indian Community I 1 1
Salt River Project I 1 j 1
Tucson Electric Power 1 1
Arizona Public Service I 1 1
University of Arizona
Arizona State University
City of Tempe 1
City of Tucson
Tucson Unified School District
Pima Community College / I
Town of Marana 1 1
Yavapai County 1
Maricopa County needs a firm that will provide the selected services by skilled engineers in a timely
way, under an effective professional organization with management systems that are tailored to this
type of work. Terracon's approach to our projects and our entire organizational structure are
centered on these basic concepts. On the following pages we are excited to share some of our
proprietary software and methodology that are helping our clients save money, foster more
collaboration between the stakeholders and deliver geotechnical data faster and provide reports in
an interactive platform.
Report of Expected Geotechnical Conditions
Terracon has developed processes for compiling, managing, and using GIS methods to analyze
and present the following data:
▪ Publicly available information related to: • Geotechnical engineering reports
• Soil survey • Soil borings and CPT soundings
Surface geology • In-situ and laboratory test results
Glacial geology ▪ Geophysical surveys
Bedrock topography • Groundwater information
Hydrography/floodplains • Load test results
▪ Topography
▪ Corrosivity
Wetlands
• Landslides
• Surface and underground mines
▪ Karst features and regions
• Terracon information related to:
MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 6

Resources are then reviewed by local Graphical presentation of the data
geotechnical practitioners to develop an collected
REGC. The REGC may contain the Recommend exploration program
following: Conceptual foundation design
Description of the planned construction parameters
• A clear and vivid explanation of the Confidence assessment of expected
preliminary nature of the expected conditions
geotechnical conditions All of the above delivered in an
• Description of the means used to collect, interactive cloud-based environment
assimilate, and manage the data
▪ A listing of the public and private
information sources used in the
evaluation
Reiative Confidence 503', En ;r:IFY., General
Confidence
PUBLIC DATA
LOCAL GEO
EXPERIENCE
LOCAL EXPL DATA
1 !CONFIDENCE OVERALL RANK Mo erate
TYPICAL SITE CHARACTERIZATION TOOL
Project alignment with mapped geological features.
,A Field beratery Characterize
Consult:in Exploration Testing Report
Another proprietary software that Terracon is using to change the way geotechnical reports are
produced is introduced below.
GeoReport replaces the old-fashioned paper-based, static,
bound report that has been used for over a century. This new
web-based approach facilitates real-time collaboration and
encourages innovation.
GeoReport brings information and opinions to the design team,
owner, and all stakeholders as they are occurring. All parties can join in the communication.
Decision-making occurs collaboratively and is faster, more informed, and more efficient.
Challenges and unexpected conditions will always exist on construction sites, and often relate to
geotechnical conditions.
MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 7

Therefore, it is essential that you work with a geotechnical
engineer to find effective solutions. The geotechnical engineer Value Geotechnical Engineering
should be engaged in a project's preliminary planning, Increase Collaboration
development, final design, and construction stages. We can work Streamline Schedule
together to minimize issues and achieve a much more desirable Save Construction Costs
end result during construction by collaboratively addressing
geotechnical conditions during the project design.
The key to success is collaboration. GeoReport uses a dedicated collaboration portal to facilitate
communication around the facts of the geotechnical investigation and bring all stakeholders into a
documented conversation online.
Our GeoRe port system provides:
• A collaboration portal for you and the entire design team to understand project options and to
agree on an approach for design and construction
• A listing of your project team members - the individuals who will make your project successful
• Our schedule for completion of the various tasks associated with your project Our geotechnical
information is delivered in three stages, with opportunities for collaboration at each stage Project
Planning: Project information and planned approach delivered immediately after the proposal is
accepted
• Site Characterization: The results of our field exploration and laboratory testing along with
interpretation of subsurface conditions in the form of a geotechnical model for the site
• Geotechnical Engineering: Geotechnical recommendations prepared specifically based upon
collaboration with the project team
GeoReport offers:
• Seamless delivery of data, opinions, and designs
▪ True, documented collaboration
- Fierce commitment to schedule
Terracon uses our Client Development Website to deliver GeoReport to all stakeholders. This
allows a seamless transition into our construction materials engineering/testing services, as this
data is also rendered via the same portal.
rerracar t MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 8

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MARICOPA COUNTY TERM GEOTECHNICAL ENGINEERING SERVICES
CONTRACT NO. 180020-ROQ 9

Environmental fa Facilities ES Geotechnical a Materials
RAMON PADILLA, P.E.
GEOTECHNICAL SERVICES MANAGER
PROFESSIONAL EXPERIENCE
Mr. Padilla is the Geotechnical Department Manager in Terracon's Tempe,
Arizona office. Mr. Padilla has over 16 years of professional experience on
a wide variety of projects, mainly in Arizona. Mr. Padilla has planned,
conducted, and completed geotechnical investigations and studies for
numerous projects, including county, municipal, and state projects,
(transportation) bridge and roadway related structures, federal/military
facilities, renewable energy (solar) structures, forensic evaluations,
embankments, slopes, infrastructure, and commercial and residential
developments. Mr. Padilla's experience on geotechnical projects include
project planning, proposal preparation, preparing field and laboratory testing
programs, performing engineering evaluations and analyses, developing Education
engineering recommendations including shallow and deep foundations, MSE, Geotechnical, Arizona State
preparing technical reports, and providing consultation to clients during the University, 2000
different phases of project development. Mr. Padilla is also experienced in BSCE, University of Guadalajara,
the engineering observation & materials testing during construction of Mexico, 1998
projects. Registrations
Professional (Civil) Engineer:
PROJECT EXPERIENCE AZ No. 43838; NV No. 20866
Affiliations
MC-85 from Liberty School Road to Cotton Lane (TT0548, 2016/2017) ASCE, APWA, & ACEC
- Geotechnical Project Manager responsible for the (geotechnical) design Work History
services for the project. Terracon Consultants, Inc.,
Senior Project Manager,
1/2016-Present
Three-Story Storage Facility, Beardsley Road and the SR101L, Kleinfelder, Inc.
Peoria, Arizona — (2016): Geotechnical Project Manager responsible for Senior Project Manager,
directing the field exploration and laboratory testing programs. The project 11/2009 — 12/2015
included building structures and on-site pavements. Geotechnical and Enviromental
Consultants, Inc. (GEC)
*City of Tempe Sewer Line Replacement along Maple-Ash Staff Engineer — Project Manager
4/2002 — 11/2009
Neighborhood Streets, Tempe, Arizona — (2013): Geotechnical Project Geotechnical Consulting and
Manager responsible for directing the field exploration and laboratory testing Testing Systems (GCTS)
programs. The project included performing 8 exploratory borings along Project Engineer — Production Mngr.
multiple roadways; performing geotechnical laboratory testing; engineering 1/1 999 — 4/2002
analyses; and the preparation of the geotechnical report for use in the Centro de Calculo y Assesoria,
design and construction of the proposed sewer lines. CCA, GDL, Mexico
Structural Engineering Trainee
1995 — 1/1999
*Maricopa County Department of Transportation (MCDOT) On-Call Additional Training
Geotechnical and Material Testing Services Contract, Maricopa ACEC LEAP, 2008
County, Arizona (2010 — Date) - Since 2006, Mr. Padilla has PSMJ PM Bootcamp, 2012
continuously assisted MCDOT with various on-call task orders. While
working for a different employer, Mr. Padilla managed the MCDOT * Work performed prior to joining
Terracon.
Geotechnical On-Call Contract for 3 consecutive terms from 2011 to 2015.
Mr. Padilla currently continues to assist MCDOT through the Terracon
MCDOT Geotechnical On-Call Contract. A list of selected task orders is included below.
a Two Miles on MC-85, Cotton Ln/Estrella Parkway a Riggs Rd New Bridge at Sonoqui Wash
a Elliot Rd & Sossaman Rd Intersection Improvements a El Mirage Rd & Box Culvert Bridge
a Tiger Wash Bridge a Williams Drive Roadway Improvements
a 99th Ave & Union Hills Rd Intersection Improvements a MC-85 (Buckeye Rd) Roadway Improvements
a Yuma Rd & Jackrabbit Trail Intersection Improvements a Carefree Area Low-Volume Roadways
a Palo Verde Road Bridge at RID Canal

Environmental a Facilities a Geotechnical e Materials
DONALD R. CLARK, P.E.
SENIOR PRINCIPAL! SENIOR CONSULTANT
PROFESSIONAL EXPERIENCE
Mr. Clark is a Senior Principal and Senior Consultant in Terracon's
Phoenix office and has over 43 years of technical and administrative
experience in the engineering industry. He established Terracon's Denver
and Phoenix offices, and is responsible for directing projects in
geotechnical and construction materials engineering.
Mr. Clark's experience includes providing geotechnical engineering
services on a variety of projects located throughout the western United
States, including including geotechnical assessments for buildings, roads, Education
streets, highways, bridges, railroads, pipelines, retention ponds, and Master of Science, Civil-
retaining (MSE) walls. Mr. Clark has provided numerous designs for Geotechnical Engineering,
mechanically stabilized earth retaining walls, slopes and soil nail walls. His University of Colorado, 1979
professional experience includes geotechnical evaluations of soil Bachelor of Science, Civil
Engineering, University of Colorado,
conditions for infrastructure improvements, commercial and industrial 1972
foundation and pavement construction, power generation and distribution Management Certificate Program,
facilities, pavements and earthen dams. University of Colorado, 1980
Registrations
Professional Engineer: Arizona, No.
PROJECT EXPERIENCE 12546, Colorado, No. 14395;
Idaho, No. 4155; Kansas, No. 8750;
Maricopa County Pretrial Detention Center, Phoenix, Arizona Montana, No. 5154E; Nebraska, No.
Provided geotechnical engineering services to develop design and 4813; Nevada, No. 00580; New
Mexico, No. 6466; North Dakota,
construction considerations for the foundations to support this high rise No. 2247; Oregon, No. 64386;
building (12 stories) in downtown Phoenix, Arizona. The project included South Dakota, No. 3466; Texas
field exploration of difficult drilling conditions. Foundations evaluated for 116776; Utah, No. 801588882202;
the geotechnical engineering recommendations included piles, drilled Washington, No. 2385 No. 36836; Wyoming,
shafts and mat foundations.
Affiliations
American Society of Civil Engineers
United States (DeConcini) Federal Court House Building, Assoc. of Soil & Foundation
Tucson, Arizona Engineers
Served as principal during the geotehcial engineering services for this Arizona Consulting Engineers
project. The building consists of a eight story above grade structure and Association
two levels of underground basement below the structure. Provided Deep Foundations Institute
geotechnical engineering services as part of the evaluation for the University of Colorado Directors
foundation support of the building. The getotechnical engineering Club
analsyes included evaluation of both drilled shaft and mat foundation Chi Epsilon Honorary Fraternity
systems. Tau Beta Pi Honorary Fraternity
Work History
Maricopa City Hall Complex, Maricopa, AZ Terracon Consultants, Inc.,
Served as the project principal engineer for the geotechnical engineering Principal/Sr. Office/Regional Consultant, Manager/VP/Sr. 1994-
services for the new city hall complex inlcluding two buildings and Present
associated site infratructure. Developed design level geotechnical Empire Laboratories, Inc., Principal,
engineering recommnnetations for two alternate foundation systems 1992-1994
including spread footing and drilled shafts. Also provided geotechnical Western Technologies, Inc., Director
engineering recommendations for site infrastructure including pavements, of Geotechnical Engineering
drainage facilities and box culvert construction. Services, 1990-1992
Fox Consultants of Colorado, inc.,
Bioscience Research Laboratories, University of Arizona, Vice President and Principal
Engineer, 1985-1989
Tucson, AZ Fox Consultants of Colorado, Inc.,
Project Principal for geotechnical engineering services for a new research Vice President and Principal
facility that will pioneering interdisciplinary research in many health Geotechnical Engineer, 1980-1985
science disciplines. Fox Consultants of Colorado, Inc.,
Division Manager and Project
Engineer, 1972-1980
lierrac n

Environmental a Facilities a Geotechnical a Materials
JOSEPH A. PHILLIPS, P.E.
PRINCIPAL / SENIOR REGIONAL MATERIALS ENGINEER
PROFESSIONAL EXPERIENCE
Mr. Phillips is a Principal and Senior Regional Materials Engineer in
Terracon's Phoenix office and has over 32 years of technical and
management experience in the construction materials and engineering
industry. He is a senior regional materials engineer for Terracon
operations throughout the Western United states, and manages the
materials engineering and testing department in the Phoenix office,
Mr. Phillips' experience includes significant project work in pavement
design, materials engineering, quality assurance and quality control,
materials testing, drilled shaft integrity testing and advanced pavement
analysis and consulting. He has been extensively involved in providing
standard and mechanistic pavement engineering and construction
materials testing to a variety of projects throughout the United States.
Education
* Work performed prior to joining Terracon. Master of Science, Civil
Engineering, Arizona State
PROJECT EXPERIENCE University, 2002
Transportation/Pavement Design Bachelor of Science, Civil
Engineering, University of New
Pavement Management/Construction Management - Maricopa Mexico, 1985
County Community College District- Maricopa County
Currently servicing as the Senior Reviewer for Terracon's on-going Registrations
pavement management and engineering services for 27 facilities and over Professional Engineer: Arizona, No.
15M square feet of pavement on all campuses. Annual services include: 24425
overseeing the network and project level inspection of pavements Certifications
throughout the district which includes managing project personnel, NRMCA Concrete Plant Inspector
reviewing construction observation and testing reports, preparing
construction plans and specifications for bidding, preparing an annual 5- Affiliations
year management plan for use in planning and budgeting by facilities Association of Asphalt Paving
personnel and providing the engineering design, contract documents and Technologists
construction administration services for the annual maintenance and
rehabilitation program throughout the district. American Concrete Institute —
Trainer and Examiner
*Asphalt Pavement Forensic Analysis — Intersection of Main ATTI Board of Directors
Street & Gilbert Road, Mesa, Arizona
Chi Epsilon, Civil Engineering
Mr. Phillips served as the lead Engineer to investigate severe flushing that Honor Society
developed in the first year of service on this asphalt concrete overlay
project in a heavy traffic intersection. The investigation involved Work History
significant laboratory testing including Dynamic Modulus (E*), Hamburg Terracon Consultants, Inc.,
Loaded Wheel Device, a full series of PG binder testing as well as Principal / Senior Materials
traditional Tensile Strength Ratio and voids analysis. Recommendations Engineer, 2014-Present
were established to mitigate the estimated distress based on Mechanistic AMEC Environment &
Empirical analyses. Recommendations for improved specifications for Infrastructure, Office Manager/
heavily loaded pavements were also established for future use by the City. Associate Materials Engineer,
Professional Services Completed: 2012 2002-2014; Department Manager/
Construction Completed: 2011 Materials Engineer, 1994-1998
Construction Cost: NA Maricopa County DOT, Pavement
Design Engineer/Laboratory
Pavement Preservation and Rehabilitation Design - Arizona Manager, 1998-2002
DOT, 1-40 MP 353.84 to MP 359.63 near Lupton, Arizona
lrerraca_ _

Environmental a Facilities a Geotechnical a Materials
SCOTT D. NEELY, P.E.
PRINCIPAL / SR. PROJECT MANAGER
PROFESSIONAL EXPERIENCE
Mr. Neely is a senior project manager in Terracon's Tempe, AZ office. With
over 30 years of technical and administrative experience in the engineering
industry, Mr. Neely is responsible for the management of geotechnical
projects in Arizona and review/consultation with other Terracon offices in
the western United States.
Mr. Neely has directly managed projects and staff in the practice areas of
highway transportation including pavement, bridges and slope stability,
pipelines, transmission lines, conventional power plants, thermal solar
power plants, photovoltaic solar fields, municipal and county roadways, high
rise buildings, airports, industrial sites, commercial, retail, and
telecommunication towers. In addition, Mr. Neely has design experience in
the areas of micropile foundations for transmission line towers, slope
stabilization drawings using micropiles, rock bolts, soil nails and
mechanically stabilized earth walls and design of rockfall netting.
The following is a represesntative list of projects Mr. Neely has served as Education
project manager overseeing field exploration, laboratory testing, Master Science. Geotechnical
engineering analyses and report generation. Engineering,
Arizona State University, 1989
PROJECT EXPERIENCE
Bachelor of Science, Geological
Tempe Police Substation: East of the SEC McClintock Drive and Engineering,
Apache Blvd, Tempe, Arizona University of Nevada at Reno, 1984
The project included a police substation building constructed of concrete tilt Registrations
panels and masonry; a property evidence storage building; a large vehicle Professional Engineer- Civil
storage building; an enclosed concrete pad for the central plant (enclosed Arizona, No. 25003
by masonry walls); canopy covered parking areas for police vehicles; a California, No. 49473
canopy covered area for exterior evidence storage; on-site access Colorado, No. 29385
driveways and open parking areas; and, three on-site retention areas for
storm water retention and disposal. Work History
Terracon Consultants, Inc.,
Imperial National Wildlife Refuge Visitor's Center, Yuma, Arizona Principal, 2005- Present,
Senior Project Manager for geotechnical engineering exploration for the Sr. Geotechnical Project Manager, Department 2012 Manager, —Present
installation of helical piers for foundation repairs to the Visitor's Center. 1999 - 2012;
Geotechnical Engineer, 1993-1999
Fire Station No. 56: NEC Canotia Place and North Black Canyon
Parkway, Phoenix, Arizona Western Technologies, lnc.Project
Engineer, 1989-1993; Field
The fire station encloses approximately 13,500 square feet. It included four Engineer, 1985-1989
apparatus bays, a 1,000 square foot community room, and a district workout
facility. This site required recommendations to account for 1 to 5 feet of
engineered fill beneath the building to raise site grades.
Tempe Crane Facility, Tempe, Arizona
Project Principal for geotechnical engineering services for an office building that will be two-stories in height and
have plan dimensions of 24 feet by 60 feet, a maintenance shed and a concrete apron will be constructed along
the northern side of the building as a staging and work area.
lierrac-

Environmental a Facilities a Geotechnical a Materials
JESSE R. HUSTON, P.E.
SENIOR PROJECT MANAGER
PROFESSIONAL EXPERIENCE
Mr. Huston is the Materials Department Manager and a Senior
Geotechnical Project Manager in Terracon's Phoenix office and has over
13 years of experience in the geotechnical and construction materials
testing fields.
Mr. Huston's professional experience to date includes geotechnical
engineering, construction materials testing and special structural
inspections. His career started as a lab technician at a geotechnical
laboratory during undergraduate studies, and has progressed steadily to
include field engineering, project engineering and project management in
both geotechnical and material testing/special inspection fields. Mr.
Huston enjoys working as a geotechnical engineer on challenging projects Education
and working within multi-discipline engineering teams. Master of St.,i):;e, Geotechnical
Engineering, Arizona State
PROJECT EXPERIENCE University, 2010
Public Works + Fire Maintenance Facility, Maricopa, AZ Bachelor of Science, Civil
Served as the project manager for the geotechnical engineering services Engineering, University, 2001 Northern Arizona
for this planned 15,000 square foot maintentance facility. The faciltiy
serves as a service location for the City of Maricopa public works and fire Registrations
truck fleets. To meet budetary constraints, the project included the design Professional Engineer:
of aggregate surfaced pavement areas capable of supporting heavy fire Arizona - No. 47791
truck traffic. Nevada - No. 18114
Affiliations
Weaver Mountain Fire Station, Wicken burg, AZ American Society of Civil Engineers
Served as the project manager for the geotechnical engineering services Geo-Institute
for this fire station project. The construction included a two-story building American Public Works Association
with two engine bays. Design components included masonry bearing Work History
walls, steel framing and roof system, and concete slab on grade floor. Terracon Consultants, Inc.,
The near surface soils at the site were unsuitable for support of the Materials Department Manager,
planned building, and geotechnical engineering recommendations 2017-Present, Senior Project
included earthwork requirements to support the building on shallow spread Manager, 2012-Present
footings. Fugro Consultants, Inc., Project
Manager, 2007-2012
Sun City Fire Station 104, Sun City, AZ GeoTek, Inc., Project Manager,
Served as geotechnical engineer for this project which included a 2003-2007
two-story engine building and two-story administration building. The Terracon Consultants, Inc.,
project included determination of infiltration rates for storm water retention Field/Staff Engineer, 2002-2003
basins, and completing a Uniform Site Investigation Report per Arizona Arizona Testing Labs, Field/Lab
Department of Environmental Quality requirements for the planned on-site Technician, 2000-2001
septic system.
Vekol Park, Maricopa, AZ
Served as project manager for the geotechnical engineering services for the park project which included onsite
pavement design, design of an offsite turn lane from SR347, box culvert crossings, and shallow foundation
design for onsite structures.
St. Johns Unit CO2 Processing Facility, Apache County, AZ
Served as senior project manager for the geotechnical engineering services for this industrial processing
facility and associated trunkline collection system. The project included mat foundations for processing
equipment, drilled shaft foundations for pipe rack support, shallow spread footings for control house and
associated equipment buildings, and design recommendations for aggregate surfaced roadways. Additional
services included providing a shear wave velocity study for seismic site classification, a ground penetrating
radar survey along approximately 20 miles of planned collection pipeline routes to assess the depth to
bedrock, and seismic refraction surveys at isolated locations to determine excavation characteristics of shallow
bedrock.
.ac

P.E. Principal! Reviewer
Clark,
Don Project Technical
P.E. rylnager P.E. Project P.E. Manager
Padilla, Manager Dept. Neely, - Serno Mar-Japer Huston, Project
Ramon Contract Gentechnical Scott / Principal Jesse Senior
P.E. Regional Engineer
Phillips,
Principal/Senior Materials
Joe

PART II: ATTACHMENTS
Attachment 1- REFERENCE FORMAT
Maricopa County requires a minimum of four (4) references and or a maximum of seven (7) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
1. Company Name: City of Maricopa
Address: 45145 West Madison Avenue, Maricopa, AZ
Phone Number: (602) 506-8600
Facsimile Number: (602) 506-4750
Person to Contact: Chris Salas
(Email Address): chris.salas@maricopa-az.com
Owner's Bid # or Project #: 12-102011
Date of Completion: 12/8/2011
Brief Project Description (Including Partnering Team and Owner's project name): Maricopa County City Hall and Police
Substation. City Hall Building, two-story, 45,000 S.F & Police Station, single-story with 11,000 S.F. footprint.
2. Company Name: Sundt Construction Company
Address: 2620 South 55th Street, Tempe, AZ 85282
Phone Number: (480) 293-3000
Facsimile Number: (480) 293-3079
Person to Contact: Erica S. Stanley
(Email Address): Esstanley@sundt.com
Owner's Bid # or Project #: GS-09P-10-KTC-0045
Date of Completion: 3/9/2011
Brief Project Description (Including Partnering Team and Owner's project name): U.S. Federal Courthouse -
Two-story Courthouse structure totaling 56,800 S.F. and a single-story Central Plant with an 8,000 S.F. footprint.
3. Company Name: Architekton
Address: 464 South Farmer Avenue, Suite 101, Tempe, AZ 85281
Phone Number: (480) 894-4637
Facsimile Number:
Person to Contact: Joseph Salvatore, AIA, LEED AP
(Email Address): joesalvatore@architekton.com
Owner's Bid # or Project #:
Date of Completion: 9/5/2014
Brief Project Description (Including Partnering Team and Owner's project name): Copper Sky Police Substation, 8,100 S.F.
Police Substation.
4. Company Name: City of Maricopa
Address: 45145W. Madison, Maricopa, AZ 85139
Phone Number: (520) 568-9098
Facsimile Number:
Person to Contact: Patricia Lacombe
(Email Address): patricia.laconnbe@maricopa-az.gov
Owner's Bid # or Project #:
Date of Completion: 6/1/2012
Brief Project Description (Including Partnering Team and Owner's project name): Vekol Regional Park
Geotechnical evaluation of 148-acre park complex with building structures, roadways and basins.
5. Company Name: Pima County Facilities Management
Address: 150 West Congress Street, 5th Floor, Tucson, AZ 85701
Phone Number: (520) 724-3303
Facsimile Number: (520) 724-3900
Person to Contact: Carter Volle
(Email Address): cartervolle@pima.gov
Owner's Bid # or Project #: DO 16'27747
Date of Completion: On-Going
Brief Project Description (Including Partnering Team and Owner's project name): On-Call Geotechnical and
Materials Testing Services
Request For Qualifications for Engineering Services Page 17
Term Geotechnical Engineering Services Serial# 180020-ROQ

Attachment 2- LEGAL WORKER CERTIFICATION
9/22/2017
(Date)
Maricopa County
Office of Procurement Services
320 W. Lincoln St. (2nd Floor)
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the "County") is prohibited, after September
30. 2008 from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with Arizona
Revised Statutes § 23-214-A. The undersigned entity warrants that it complies fully with all federal immigration
laws and regulations that relate to its employees, that it shall verify, through the employment verification pilot
program as jointly administered by the U.S. Department of Homeland Security and the Social Security
Administration or any of its successor programs, the employment eligibility of each employee hired after December
31, 2007, and that it shall require its subcontractors and sub-subcontractors to provide the same warranties to the
below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or sub-
subcontractor under any Contract resulting from this solicitation shall be deemed a material breach of the Contract,
and is grounds for penalties, including termination of the Contract, by the County. The County retains the right to
inspect the records of the below entity, subcontractor and sub-subcontractor employee who performs work under the
Contract, and to conduct random verification of the employment records of the below entity and any subcontractor
and sub-subcontractor who works on the Contract, to ensure that the below entity and each subcontractor and sub-
subcontractor is complying with the warranties set forth above.
Terracon Consultants, Inc. 4685 S. Ash Avenue, Suite H-4
(Firm) (Address Line 1)
Brent M. Borchers Tempe, AZ 85282
(Print Name) (Address Line 2)
Principal/Office Manager (480) 897-8200
Print Title) (Phone)
(480) 897-1133
'gnature Required) (Fax)
brent.borchers@terracon.com 42-1249917
(Email Address) (Federal Taxpayer ID Number)
Request For Qualifications for Engineering Services Page 18
Term Geotechnical Engineering Services Serial# 180020-ROQ

Attachment 3- SELECTED SERVICES CERTIFICATION
SELECTED SERVICES CERTIFICATION
On behalf of Terracon Consultants, Inc. (firm name), I submit that the named firm is applying for the
marked engineering fields listed below. 1 further certify that those fields of engineering are provided by the named
firm in-house and are not supplied by the use of outside sub-consultants. I further submit and certify that my firm
has the appropriate licenses and registrations as required under Arizona Statute.
P itOVI D r. D PRO\
DO.)
GEOTECHNICAL ENGINEERING X
Brent M. Borchers
Printed
Principal/Office Manager
Title
9/22/2017
Date
Request For Qualifications for Engineering Services Page 19
Term Geotechnical Engineering Services Scrial# 180020-ROQ

Attachment 4- NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
COUNTY OF MARICOPA
Brent M Borchers being first duly sworn, deposes and says:
That he is Principal/Office Manager of Terracon Consultants, Inc.
(Title) (Name of Business)
bidding on 180020-ROQ for the construction of Term Geotechnical Engineering Services in the County of
Maricopa, State of Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated with the aforesaid business,
has, directly or indirectly, participated in any collusion, entered into any contract, combination, conspiracy or other
act in restraint of trade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
Subscribed and sworn to before me this
CORRINE A PINKS
Notary Public Arizona
lvlaricopa County
4 My Comm. Expires Jun 25, Mt
Armarmi
(Notary Public)
(Please ensure seal is visible)
Request For Oualilications for Engineering Services Page 20
Term Geotechnical Engineering Services Serial# 180020-ROQ