CONTRACT.PDF

CONSULTANT SERVICES CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
Consultant Engineering, Inc. (CEI)
FOR
Construction Administration Services
Riggs Road: Power Road to Hawes Road
WORK ORDER NO. TT0406
CONTRACT NO. 2017-023
C-64-

CONSULTANT SERVICES
CONTRACT NO. 2017-023
TABLE OF CONTENTS
SECTION | SERVICES OF CONSULTANT ..... construe isesisiacncn
SECTION Il PERIOD OF SERVICES wu. sescuscessscsscnsesseesnessessnsestesieeareeeerseeneaiees
SECTION II] PAYMENTS TO THE CONSULTANT .....:sscsssssssssssssstessssessssesssteeseeaseenaen
SECTION IV THE COUNTY’S RESPONSIBILITIES.........csussessesssscssssemssseere inane
SECTION V AMENDMENTS. ....ssssssesssssceseesssnscessanssessnseseressseraneessnsssnssearossarscareeratensenssas
SECTION VI RECORDS. ....cssssssssscseessssersnsensenersessaessaseseessuteessossversnsesneneseensssersanesnesnasss
SECTION Vil PROJECT COMPLETION....c.cssscsescscsseesssessneeotescesssessessarcensranteaneacessesen
SECTION VII TERMINATION .....cssscsssssssesseescursesessrencesieesseereesusssessnrsarseareseveesucenesversnses
SECTION IX OWNERSHIP OF DOCUMENTS ......csscssessecssesseesceseessrcaneecanteerescessens
SECTION X COMPLIANCE WITH LAWS .....ccsssscsscsscsessssersscerssrnsrseverneessareenenenearsons
SECTION XI GENERAL CONSIDERATIONS ......cssssscssscssesscecseseersecanrenseanseansearereeentes
SECTION Xl] SUCCESSORS AND ASSIGNG.....cccssssstesssessesssssneansessesresenceenrenvesnteerees
SECTION XII] NO KICK-BACK CERTIFICATION ......csssessessssesessnsansresenesrescs eens
SECTION XIV ANTI-DISCRIMINATION PROVISION. ....cssssesssssesersssssrssseesesestrenseneses
SECTION XV INDEMNIFICATION .......sccscscsessesseesseseesuesnsessnsenesereassansennsenssienesaretens
SECTION XVI INSURANCE REQUIREMENTS. ....scsssessssscesesseesnsaressieresenreseneanes
SECTION XVILINFLUENCE.....csssesssssssssesscssssersesresesssnnsssessutssssesssnsteanesaseenessnsrsnersneessenses
SECTION XVII TITLE VI ....tssesscssessssseecseesessuessnessnseencesceeneescessenrensaatencenscersveraneeaesansaasen
SIGNATURE PAGE...cessessesssscsssssoseerssneessrenssensessvessesvaceasteameesteseessunsuesasensatesaseuaseasearesentt
CONTRACT ATTACHMENTS
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - CONSULTANT’S FEE PROPOSAL

CONSULTANT SERVICES
CONTRACT NO, 2017-023
Pursuant to the provisions of the Arizona Revised Statutes § 11-201 the Maricopa County Board of
Supervisors has the authority to enter into contracts.
The Maricopa County Department of Transportation, hereinafter called the “COUNTY”, is desirous of
having certain professional services performed in connection with Contract No. 2017-023, Construction
Administration Services Riggs Road: Power Road to Hawes Road, hereinafter called the “Project”,
and as more fully described in Exhibit A, Scope of Work, and in accordance with Exhibit B, Fee Proposal,
attached: and Consultant Engineering, Inc., hereinafter called “CONSULTANT”, with its principal offices
located at 10625 N. 25th Ave., Ste. 200 , Phoenix, Arizona, 85029 , 602-866-5090 , subject to the
following terms and conditions:
THEREFORE, the parties hereto mutually agree as follows:
SECTION I—SERVICES OF THE CONSULTANT
The CONSULTANT, under the general supervision of the COUNTY, Permitting, Construction and
Inspections Division, Manager, shall prepare studies, reports, surveys, plans, drawings, Specifications, and
cost estimates as are necessary for the Project according to the directions and designated standards of the
COUNTY, and in accordance with Exhibit A, Scope of Work. It is understood and agreed that the COUNTY
authorized representative shall be the COUNTY Permitting, Construction and Inspections Division,
Manager or his duly authorized representative, hereinafter called the “Agent’. For purposes of this
contract, the Agent's duly authorized representative shall be the Project Manager and he/she shall be the
sole contact for administering this contract.
The CONSULTANT shall meet periodically with the Agent so as to keep the COUNTY informed of the
progress of the work in accordance with the schedule defined in Exhibit A, Scope of Work.
The CONSULTANT shall promptly advise the Agent of any factors which develop during the Project that
would likely result in construction or design costs in excess of budgetary constraints.
SECTION II—PERIOD OF SERVICE
The CONSULTANT shall complete all work in accordance with the time requirements provided in Exhibit A,
Scope of Work, within Two Hundred and Forty (240) CALENDAR DAYS after receipt of the Notice to
Proceed. Should extension of this contract period be necessary, and any such extension(s) continue the
date of contract performance for a time period of more than one (1) year from the original date of contract
expiration, adjustment(s) of the CONSULTANT’S fee(s) may, upon agreement by both the COUNTY and
the CONSULTANT, be made in accordance with the Consumer Price Index for Urban Consumers, Western
Division, published by the U.S. Department of Labor, Bureau of Labor Statistics, using the published edition
coinciding with the initial contract expiration date. Any such fee adjustment shall only apply to the extended
contract time period.
Contract No. 2017-023 Page 3 of 13

SECTION III—PAYMENTS TO THE CONSULTANT
The total contract amount will not exceed Nine Hundred Forty Thousand, Two Hundred and eight
Dollars and Forty-One Cents ($940, 208.41) plus any adjustments that have been approved in writing in
accordance with the Maricopa County Procurement Code.
The COUNTY will pay the CONSULTANT upon completion of the work as accepted by the COUNTY,
except that progress payments may be made as billed by the CONSULTANT based on approved monthly
progress reports subject to the limitations set forth in Exhibit A, Scope of Work. No retention shall be
withheld from the contract
The CONSULTANT shall provide back-up documentation with each invoice progress payment. The back-
up documentation shall clearly indicate the classification, hours worked, date, and employee's name,
including sub-consultants. All backup documentation shall include copies of any sub-consultants or vendor
invoices.
With each request for payment, the CONSULTANT shall complete and provide the Maricopa County Small
Business Enterprise Program Participation Reporting Form (Attachment 1) which is included with this
contract document. Any pay application or invoice without this form attached is subject to rejection as not
being a completed pay application or invoice pursuant to the terms of the contract.
The final invoice shall be paid to the CONSULTANT, as applicable, within forty-five (45) calendar days
after:
A. final completion of all work per Exhibit A, Scope of Work,
B. acceptance of the work by the COUNTY,
C. the COUNTY’s receipt of the fully executed “Certificate of Performance" form (Attachment 2),
SECTION IV—THE COUNTY’S RESPONSIBILITIES
The COUNTY will furnish the CONSULTANT, at no cost to the CONSULTANT, the following information or
services for this Project:
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the Project.
This does not, however, relieve the CONSULTANT of the responsibility of searching records for
additional information, for requesting specific information, or for verification of that information provided.
The COUNTY does not warrant the accuracy or comprehensiveness of any such information.
B. All available information and data relative to policies, standards, criteria, and studies, etc. impacting the
Project as identified by the CONSULTANT.
C. Available staff for consultation with the CONSULTANT during the performance of studies and plan
development in order to identify the problems, needs, and other functional aspects of the Project.
Contract No. 2017-023 Page 4 of 13

D. Prompt examination of documents submitted by the CONSULTANT and rendering of decisions
pertaining thereto in order to avoid unreasonable delay in the progress of the work by the
CONSULTANT. The COUNTY will keep the CONSULTANT advised concerning the progress of the
COUNTY’s review of work.
SECTION V—AMENDMENTS
This contract may be amended by mutual agreement of the COUNTY and the CONSULTANT.
Any alteration in the Scope of Work that will result in a substantial change in the nature of the Project so as
to materially increase or decrease the contract fee will require negotiation of an amendment to the contract
to be executed by the COUNTY and the CONSULTANT. No work shall commence on the change until the
contract amendment has been approved by the COUNTY and the Agent has notified the CONSULTANT to
proceed. It is distinctly understood and agreed that no claim for extra work performed or materials
furnished by the CONSULTANT will be allowed by the COUNTY except as provided herein, nor shall the
CONSULTANT do any work or furnish any materials not covered by this agreement unless such work is
first authorized in writing by the COUNTY in accordance with the Maricopa County Procurement Code.
Any such work or materials furnished by the CONSULTANT without such written authorization first being
given shall be at CONSULTANT’s own risk, cost, and expense. The CONSULTANT hereby agrees fo
make no claim for such work or materials furnished without such written authorization.
SECTION VI~RECORDS
Records of the CONSULTANT’S expenses pertaining to this contract and records of accounts between the
COUNTY and the CONSULTANT shall be kept on a generally recognized accounting basis and shall be
available upon request to the COUNTY or its authorized representative for audit during normal business
hours.
All CONSULTANT and COUNTY procurement records shall be retained for a period of one (1) year and
disposed of in accordance with the records retention guidelines and schedules approved by the State of
Arizona Department of Library, Archives, and Public Records unless applicable Federal regulations require
a longer period of retention.
SECTION VII—PROJECT COMPLETION
lf, during the course of this contract, situations arise which prevent completion within the allotted time, the
Agent may grant an extension.
SECTION VIII—TERMINATION
The COUNTY may terminate this contract at any time upon reimbursement to the CONSULTANT of
expenses that include reasonable charges for time and material for the percentage of work satisfactorily
completed and provided to the COUNTY.
The COUNTY reserves the rights to postpone, terminate, or abandon this contract for the CONSULTANT’S
failure to complete the Project on time or failure to comply with the provisions of the contract. The
COUNTY also reserves the right to terminate any or all parts of this contract for its own convenience as the
COUNTY may determine at its sole discretion.
Contract No. 2017-023 Page 5 of 13

The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511 “A” this contract may be canceled
without penalty or further obligation within three (3) years after execution if any person significantly involved
in initiating, negotiating, securing, drafting, or creating a contract on behalf of the COUNTY is, at any time
while the contract or any extension of the contract is in effect, an employee or agent of any other party to
the contract in any capacity or a CONSULTANT to any other party of the contract with respect to the
subject matter of the contract. Cancellation under this section shall be effective when written notice from
the Transportation Director is received by all of the parties to the contract. In addition, the COUNTY may
recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the COUNTY from any other party to the contract
arising as a result of the contract.
The CONSULTANT may terminate this contract in the event of nonpayment of fees as specified in
SECTION Ill, PAYMENTS TO THE CONSULTANT.
SECTION IX—OWNERSHIP OF DOCUMENTS
A. All original documents including, but not limited to studies, reports, tracings, drawings, physical and
computer models, estimates, field notes, investigations, design analysis, calculations, computer
software, and specifications, prepared in the performance of this contract are to be and remain the
property of the COUNTY and are to be delivered to the Agent before final payment is made to the
CONSULTANT. The COUNTY will not reuse, alter or modify these documents without noting such
modifications, alterations, or intent of their reuse, and will hold the CONSULTANT harmless from any
claims arising from such reuse, modifications, or alterations of the documents. The CONSULTANT
may retain reproducible copies of all such documents delivered to the COUNTY.
B. If the CONSULTANT retains reproducible copies of all such documents delivered to the COUNTY, the
CONSULTANT may not use those documents in regard to current or future claims or litigation against
the COUNTY brought by another party or parties unless the documents are independently produced in
accordance with a court order or procedural rules and notice of such production is given to the
COUNTY immediately and prior to their production.
C. Copies retained by the CONSULTANT, sub-consultant(s), or any related entities are governed by
Arizona Law regarding the use of public records and may not be used for commercial purpose without
additional written permission from the COUNTY and the payment of all applicable fees.
D. The COUNTY reserves the right to reuse the documents as it sees fit.
SECTION X—COMPLIANCE WITH LAWS
The CONSULTANT is required to comply with all Federal, State, and local laws, local ordinances and
regulations. The CONSULTANT’S signature on this contract certifies compliance with the provisions of the
9 requirements of the Immigration Reform and Control Act of 1986 for all personnel that the
CONSULTANT and any subconsultants employ to complete any Project. It is understood that the
COUNTY shall conduct itself in accordance with the provisions of the Maricopa County Procurement Code.
Contract No. 2017-023 Page 6 of 13

The CONSULTANT warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges:
(1) That the CONSULTANT and its sub-consultants, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S.
§23-214, subsection A; after December 31, 2007, every employer, after hiring an employee, shall
verify the employment eligibility of the employee through the e-verify program and shall keep a
record of the verification for the duration of the employee’s employment or at least three years,
whichever is longer.
(2) That a breach of a warranty under subsection 1 above, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contracts;
(3) That the contracting government entity retains the legal right to inspect the papers of any
CONSULTANT or sub-consultant employee who works on the contract to ensure that the
CONSULTANT or sub-consultant is complying with the warranty provided under subsection 1
above and that the CONSULTANT agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an inspection.
(4) That nothing herein shall make any CONSULTANT or sub-consultant an agent or employee of
the contracting government entity.
Certification Regarding Debarment and Suspension:
(1) The undersigned (authorized official signing for the CONSULTANT) certifies to the best of his or
her knowledge and belief, that the CONSULTANT, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agency;
(b) have not within a 3-year period preceding this Contract been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of
this certification; and
(d) have not within a 3-year period preceding this Contract had one or more public transaction
(Federal, State or local) terminated for cause of default.
(2) Should the CONSULTANT not be able to provide this certification, an explanation as to why should
be attached to the Contact.
Contract No. 2017-023 Page 7 of 13

(3) The CONSULTANT agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this Contract.
SECTION XI—GENERAL CONSIDERATIONS
The CONSULTANT shall furnish to the COUNTY for approval, the names of its key employees, and of
.
its subconsultants and their key employees, to be used on this Project prior to beginning the work
under this contract. Any subsequent changes are subject to the written approval of the COUNTY.
. The CONSULTANT shall perform, with its own firm, work amounting to fifty percent (50%) or more of
the total amount of the contract value. Any deviation may be approved, in writing, at the discretion of
the Agent.
. The failure of either party to enforce any of the provisions of this contract or to require performance of
the other party of any of the provisions hereof shall not be construed to be a waiver of such provisions,
nor shall it affect the validity of this contract or any part thereof, or the right of either party to thereafter
enforce each and every provision.
. The CONSULTANT shall be responsible for the cost of any additional design, field layout, testing,
construction and supervision necessary to correct those errors or omissions attributable to the
CONSULTANT, and for any damage incurred by the COUNTY as a result of additional construction
costs caused by such CONSULTANT errors or omissions.
The fact that the COUNTY has accepted or approved the CONSULTANT’S work shall in no way
.
relieve the CONSULTANT’S responsibility.
It is mutually understood and agreed that this contract shall be governed by the laws of the State of
_
Arizona, both as to interpretation and performance. Any action at law, suit in equity, or judicial
proceeding for the enforcement of this contract, or any provision thereof, shall be instituted only in the
courts of the State of Arizona.
. When this contract requires the CONSULTANT to study specific geographic areas of Maricopa County
the CONSULTANT agrees during the term of this contract and any extensions thereof that
CONSULTANT will not perform similar services for any clients other than the COUNTY within that
specific geographic area without the written authorization and approval of the Transportation Director of
the COUNTY.
. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and assigns,
shall not accept employment as CONSULTANTS, expert witnesses or otherwise in any pending or
contemplated litigation against the COUNTY during the term of this contract and any extensions thereof
without the written authorization and approval of the Transportation Director of the COUNTY.
The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and assigns,
shall not accept employment as CONSULTANTS, expert witnesses or otherwise in any future litigation
against the COUNTY in regard to the subject matter of this contract without the written authorization
and approval of the Transportation Director of the COUNTY.
Contract No. 2017-023 Page 8 of 13

J. It is understood that the COUNTY shall have the right to seek and obtain in any court of competent
jurisdiction an injunction to restrain a violation or alleged violation by the CONSULTANT, its principals,
employees, sub-consultants, agents or assigns, of the provisions of G., H., and |. of this section or of
the provisions of B. of Section |X, and the right of action for full damages at law, in addition to any other
remedies provided by this contract. In no case shall a waiver by the COUNTY of the right to seek relief
under this provision constitute a waiver of any other or further violation.
K. The CONSULTANT shall incorporate stormwater quality best management practices (BMPs) in the
design of the project and comply with the Maricopa County Stormwater Quality Management and
Discharge Control Regulation, the Maricopa County Drainage Policies and Standards, and the
Maricopa County Drainage Regulations, using guidance from the Maricopa County Drainage Design
Manual, Vol. ll, Erosion Control.
L. Consultant hereby certifies that it is not currently engaged in, and will not for the duration of this
Agreement engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification
by Consultant may result in action by County up fo and including termination of this Agreement.
SECTION XII—SUCCESSORS AND ASSIGNS
This contract shall not be assigned by either party without prior written approval of the other except that the
CONSULTANT may use in the performance of this contract without prior approval of the COUNTY,
personnel or services of its related entities and affiliated companies as if they were an integral part of the
CONSULTANT; and it shall extend to and be binding upon the heirs, executors, administrators, successors
and assigns of the parties hereto.
SECTION XIII—NO KICK-BACK CERTIFICATION
The CONSULTANT warrants that no person has been employed or retained to solicit or secure this
contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee;
and that no member of the Board of Supervisors or any employee of the COUNTY has any interest,
financially or otherwise, in the CONSULTANT’S firm.
For breach or violation of this warranty, the COUNTY shall have the right to annul this contract without
liability, or at its discretion, to deduct from the contract price or consideration, the full amount of such
commission, percentage, brokerage, or contingent fee.
SECTION XIV—ANTI-DISCRIMINATION PROVISION
The COUNTY will endeavor fo ensure in every way possible that small business enterprises shall have
every opportunity to participate in providing professional services, purchased goods, and contractual
services to the COUNTY without being discriminated against on the grounds of race, religion, gender, age,
disability, or national origin.
The CONSULTANT agrees not to discriminate against any employee or applicant for employment because
of race, religion, gender, age, disability, or national origin, and further agrees not to engage in any unlawful
Contract No. 2017-023 Page 9 of 13

employment practices. The CONSULTANT further agrees to insert the foregoing provisions in all
subcontracts hereunder.
SECTION XV—INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall defend, indemnify, and hold harmless
COUNTY, its agents, representatives, officers, directors, officials, and employees from and against all
claims, damages, losses and expenses, including reasonable attorney fees and court costs, but only to the
extent caused by the negligence, reckless or intentional wrongful conduct of the consultant or others
persons employed or used by the consultant in the performance of the contract or subcontract. “Other
persons employed or used” means a subconsultant to a consultant or design professional in any tier, or any
other person or entity who performs work or design professional services, or provides labor, services,
materials or equipment in connection with the contract.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as
limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to
the sole negligence of COUNTY.
SECTION XVI - INSURANCE REQUIREMENTS
CONSULTANT, at CONSULTANT'S own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a
current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of COUNTY. The form of any insurance policies
and forms must be acceptable to COUNTY.
All insurance required herein shall be maintained in full force and effect until all work or service required to
be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to
do so may, at the sole discretion of COUNTY, constitute a material breach of this Contract.
CONSULTANT’S insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an
insurance policy warranty shall not affect the COUNTY’S right to coverage afforded under the insurance
policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such
deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to
COUNTY under such policies. CONSULTANT shall be solely responsible for the deductible and/or self-
insured retention and COUNTY, at its option, may require CONSULTANT to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
COUNTY reserves the right to request and to receive, within 10 working days, certified copies of any or all
of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated, however,
to review such policies and/or endorsements or to advise CONSULTANT of any deficiencies in such
Contract No. 2017-023 Page 10 of 13

policies and endorsements, and such receipt shall not relieve CONSULTANT from, or be deemed a waiver
of COUNTY'S right to insist on strict fulfillment of CONSULTANT’S obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and employees as
Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and Omissions, shall contain
a waiver of transfer of rights of recovery (subrogation) against COUNTY, its agents, representatives,
officers, directors, officials and employees for any claims arising out of CONSULTANT’S work or service.
CONSULTANT is required to procure and maintain the following coverages indicated by a checkmark:
a 1. Commercial General Liability. Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000
General Aggregate Limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provision which would serve to limit third
party action over claims. There shall be no endorsement or modification of the CGL limiting
the scope of coverage for liability arising from explosion, collapse, or underground property
damage.
wy 2. Automobile Liability. Commercial/Business Automobile Liability insurance and, if
unnecessary, Commercial Umbrella insurance with a combined single limit for bodily injury
and property damage of not less than $2,000,000 each occurrence with respect to any of
the CONSULTANT’S owned, hired, and non-owned vehicles assigned to or used in
performance of the CONSULTANT’S work or services under this Contract.
es 3. Workers’ Compensation. Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of CONSULTANT’S employees
engaged in the performance of the work or services under this Contract; and Employer's
Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for
each employee, and $1,000,000 disease policy limit.
CONSULTANT waives all rights against COUNTY and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers’ Compensation and Employer's Liability or commercial umbrella liability insurance
obtained by CONSULTANT pursuant to this agreement.
fe} 4. Errors and Omissions Insurance. Errors and Omissions insurance and, if
necessary, Commercial Umbrella insurance, which will insure and provide coverage for
errors or omissions of the CONSULTANT, with limits of no less than $2,000,000 for each
claim.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this Contract, CONSULTANT shall furnish COUNTY with
Certificates of Insurance in a form acceptable to COUNTY, or formal endorsements as required by the
Contract No. 2017-023 Page 11 of 13

Contract in the form provided by the COUNTY, issued by CONSULTANT’S insurer(s), as evidence that
policies providing the required coverages, conditions and limits required by this Contract are in full force
and effect. Such certificates shall identify this contract number and title.
in the event any insurance policy(ies) required by this contract is (are) written on a “claims made” basis,
coverage shall extend for two years past completion and acceptance of CONSULTANT’S work or services
and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to COUNTY fifteen
(15) days prior to the expiration date.
CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior
written notice to COUNTY.
SECTION XVII - INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an employee
or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds
for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
1. A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or
educational passes or tickets, or any type valuable contribution or subsidy, ;
2. That is offered or given with the intent to influence a decision, obtain a contract, garner favorable
treatment, or gain favorable consideration of any kind.
lf a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement
Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County
Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
SECTION XVill - TITLE VI
The Maricopa County Department of Transportation, in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
(END OF SECTION)
Contract No. 2017-023 Page 12 of 13

In WITNESS WHEREOF, the parties herein have executed this Contract.
Consultant Engineering, Inc.
\
By
Principal bfthe Firm
MAvEw Osman
Printed Name
SENtOR Vice Poesid EV)
Title
q |» | 201)
‘Date
86 ~ 0821774
Tax Identification Number
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY
By
Jennifer Toth, P.E.
Transportation Director/County Engineer
Date
LEGAL REVIEW ACCEPTED AND APPROVED
Approved as to form and within the
Powers and authority granted under the By
Laws of the State of Arizona to Chairman, Board of Supervisors
Maricopa County.
ATTEST
Deputy County Counsel Clerk of the Board
Date Date
Contract No. 2017-023 Page 13 of 13

CONSULTANT SERVICES
ATTACHMENTS
1. Maricopa County Small Business Participation Reporting Form
2. Certificate of Performance
3. Certificate of Insurance
4, Title VI Assurances
Contract No. 2017-023

Attachment 1
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 FirmName | SBE Firm Addr _Typeot Work | 5
ee Performed
Bigclalcslselslselelejoofo
{"] A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or
subcontractor with respect to this pay application/invoice.
Date:
Signature
Printed Name & Telephone Number
Contract No. 2017-023

Attachment 2
PERFORMANCE AND PAYMENT OF ALL CLAIMS
ENGINEERING CONTRACTS
hereby certifies to the Maricopa County Department of Transportation
(Name of Signer)
(MCDOT) that all lawful claims for labor, rental of equipment, material used, and any other claims by Consultant
Engineering, Inc., or its subconsultants in connection with the project described in MCDOT Contract No. 2017-023,
have been paid.
Consultant Engineering, Inc., understands that with receipt of payment for any previously invoiced amounts, plus any
retained monies, that this is a settlement of all claims of every nature and kind against MCDOT arising out of the
performance of MCDOT’s Contract No. 2017-023 relating to the material, equipment and work covered in and required
by the contract.
The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in regard to this contract and that
he/she has no knowledge of any pending or potential claims in regard to this contract.
Upon submission of this document and a separate invoice for any retained funds to MCDOT, invoice processing will be
completed within sixty (60) calendar days.
State of Arizona )
)§
County of Maricopa +)
Signed this day of , 20
Signature
Title
Subscribed and Sworn to before me this day of » 20
Notary Public
My Commission Expires:
Contract No. 2017-023

CONSU-1 OP ID: SA
i |
DATE (MM/DDIYYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE
07/26/2017
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 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).
Sally Perkins
SRODUCER . antes
3850 E Camelback Re, Bulle $25 PHONE 602-264-5533 [FAX no). 602-279-9336
9,
6 EMAIL .,. sally.perkins@stuckeyinsurance.com
Mary Lodwick
INSURER(S} AFFORDING COVERAGE NAIC #
insurER A; Phoenix Insurance Company 25623
INSURED Consultant Engineering, Inc. INSURER B: Travelers Indemnity Company 25658
Phoenie, AZ 26069-7167 insurer c: Twin City Fire Ins Co 29459
insurer D: Berkley Insurance Company 32603
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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 AFFOROED 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.
hase <ueR
Nae TYPE OF INSURANCE [NSD WD. POLICY NUMBER MADDY) MIMIDDIYYYY) LIMITS
A | X | COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
| crams-mane [X } occur X | X (6800020511314 07/01/2017 | 07/01/2018 | DAMAGE TORENTED a | s 1,000,000
| X | Contractual Liab MEO EXP (Any one person) _| $ 5,000
PERSONAL & ADV INJURY | $ 1,000,000
|)
| GEN'L AGGREGATE APPLIES PER: GENERAL AGGREGATE $ 2,000,000
LIMIT
POLICY [X| TRS. 58 [| Loc PRODUCTS - COMP/OP AGG | $ 2,000,000
3
OTHER:
| LIABILITY feoaccdent MT [8
AUTOMOBILE
BODILY INJURY (Per person) | $
ANY AUTO
MTOS SeegUTeD BODILY INJURY (Per accident} $
| NON-OWNED PROPERTY DAMAGE
3
HIRED AUTOS AUTOS {Par accident)
$
|X | UMBRELLALIAB | X | occur EACH OCCURRENCE $ 5,060,000
B EXCESS LIAB CLAIMS-MADE CUP6671Y593 07/01/2017 | 07/01/2018 | accrecaTE $ 5,000,600)
veo | X | RETENTIONS 10000 $
WORKERS COMPENSATION X | PER |_| OTH
stArure Ek
AND EMPLOYERS’ LIABILITY YIN
C_|ANY PROPRIETOR/PARTNERIEXECUTIVE X |UB004J474426 07/01/2017 | 07/01/2018 | EL. EACH ACCIDENT $ 1,006,000
OFFICER/MEMBER EXCLUDED? NTA
(Mandatory In NH) E.L. DISEASE - FA EMPLOYEE} $ 1,000,000
If yes, describe undes 1,000,000)
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $
D |Professional Liab AAEC9017189-00 07/01/2017 | 07/01/2018 |Per Claim 2,000,000
Aggregate 2,000,000)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedut may be attached if more space is requtred)}
Professional Liability ~ Claims Made - Retro Date 11-04-91
Re: Contract 2017-023 Project TT0406-Riggs Rd: Power Road to Hawes Road
Construction Admin Services. CEI#778.01. Maricopa County Department
of Transportation is named as additional insured as respects to general
liability on a primary and non-contributory basis. (CGD3810907) .
CERTIFICATE HOLDER CANCELLATION
MARIC10
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Maricopa County Department of ACCORDANCE WITH THE POLICY PROVISIONS.
Transportation
Cindy Slaughter
AUTHORIZED REPRESENTATIVE
2901 West Durango Street
Phoenix, AZ 85009 Meany Prductcke
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD

MARIC10 CONSU-1 PAGE 2
. HOLDER CODE
NOTEPAD: iNsURED's NAMe Consultant Engineering, Inc. OP ID: SA Date 07/26/2017
Waiver of subrogation ap) plies to Department
Me5OgeNB)
of Transportation as indicated (WC99030
Valuable Papers $100,000.

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION Il = WHOIS h. This insurance does not apply to bodily
4	1	21	1	2	0	1470	924	810	39	-1	
5	1	21	1	2	1	1470	926	104	37	96.593323	injury
or property
5	1	21	1	2	4	1814	924	157	38	96.454437	damage caused by your
4	1	21	1	3	0	1467	970	809	37	-1	
5	1	21	1	3	1	1467	972	96	31	75.503021	work
and included in the products-
4	1	21	1	4	0	1469	1014	808	40	-1	
5	1	21	1	4	1	1469	1016	179	38	95.802017	completed
5	1	21	1	4	2	1685	1016	181	38	96.646973	operations
5	1	21	1	4	3	1905	1015	133	31	83.739723	hazard
unless the
written
5	1	21	1	5	2	1664	1063	140	30	86.630577	contract
5	1	21	1	5	3	1870	1062	153	38	79.393845	requiring
5	1	21	1	5	4	2091	1061	184	31	75.932487	insurance
specifically requires you to provide such
a. Only with respect to liability for bodily
5	1	9	1	1	9	1108	1143	115	38	96.385788	injury, coverage for that additional insured, and then
“property damage" or personal
5	1	9	1	2	5	983	1189	115	38	96.102135	injury; and the insurance provided to the additional
b. If, and only to the extent that, the injury or insured applies only to such bodily
5	1	21	1	9	7	2118	1245	107	38	96.377136	injury or
damage is caused by acts or omissions of “property damage" that occurs before the end
or of the period of time for which the written
4	1	21	1	12	0	1467	1383	809	39	-1	
5	1	21	1	12	1	1467	1385	140	30	96.860336	contract
5	1	21	1	12	2	1626	1384	150	38	96.362045	requiring
5	1	21	1	12	3	1798	1383	184	31	95.342667	insurance
you your subcontractor Gi aaa
t requires you to
appliés, or in connection provide such coverage or the end of the
with premises owned by or rented to you. policy period, whichever is earlier.
The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of
additional insured: SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
c. With respect to the independent acts or
omissions of such person or organization; or
d. For bodily
5	1	15	1	1	4	657	1762	116	38	95.811455	injury, property
5	1	15	1	1	6	999	1761	156	38	94.371368	damage or
personal
5	1	15	1	2	2	606	1810	106	38	96.020027	injury for which such person or
organization has assumed liability in a
contract or agreement.
The insurance provided to such additional insured
is limited as follows:
e. This insurance does not apply on any basis to
any person or organization for which
coverage as an additional insured specifically
is added by another endorsement to this
I s 6SS, and we will not
Coverage Part.
share with the other insurance, provided that:
f. This insurance does not apply to the
(1) The bodily
5	1	25	1	3	4	1689	2347	106	38	95.560577	injury or property
5	1	25	1	3	7	2050	2346	156	37	95.638634	damage for
rendering of or failure to render any
which coverage is sought occurs; and
“professional services".
(2) The personal
5	1	26	1	1	4	1741	2455	105	38	95.204971	injury for which coverage is
g. Inthe event that the Limits of Insurance of the
sought arises out of an offense committed;
Coverage Part shown in the Declarations
exceed the limits of liability required by the after you have signed that written
5	1	27	1	1	7	2131	2561	140	30	94.915764	contract
4	1	27	1	2	0	1393	2605	875	41	-1	
5	1	27	1	2	1	1393	2608	149	38	96.683662	requiring
5	1	27	1	2	2	1563	2607	192	31	89.517418	insurance.
written
5	1	19	1	4	2	578	2616	140	30	95.603455	contract
5	1	19	1	4	3	751	2614	151	38	96.242096	requiring
5	1	19	1	4	4	939	2613	193	36	90.610306	insurance, the But this insurance provided
insurance provided to the additional insured to the additional insured still is excess over valid
shall be limited to the limits of liability required and collectible other insurance, whether primary,
by that written
5	1	19	1	7	4	699	2753	140	30	96.600685	contract
5	1	19	1	7	5	856	2751	151	39	96.682068	requiring
5	1	19	1	7	6	1027	2751	191	31	84.196289	insurance. excess, contingent or on any other basis, that is
This endorsement does not increase the available to the additional insured when that
limits of insurance described in Section Ill — person or organization is an additional insured
Limits Of Insurance. under any other insurance.
CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission

COMMERCIAL GENERAL LIABILITY
3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the
Of Rights Of Recovery Against Others To Us, DEFINITIONS Section:
of SECTION IV — COMMERCIAL GENERAL
Written
5	1	10	1	1	2	1551	492	140	30	96.494232	contract
5	1	10	1	1	3	1708	490	149	38	96.484093	requiring
5	1	10	1	1	4	1876	490	184	31	95.516945	insurance means that
LIABILITY CONDITIONS:
part of any written contract under which you are
required to include a person or organization as an
additional insured on this Coverage Part,
provided that the bodily
5	1	10	1	5	5	1891	682	106	38	92.325867	injury and property
4	1	10	1	6	0	1395	729	881	39	-1	
5	1	10	1	6	1	1395	731	155	37	94.271683	damage
occurs and the personal
5	1	10	1	6	6	2110	729	106	38	92.866646	injury is
caused by an offense committed:
a. After you have signed that written contract;
b. While that part of the written contract is in
effect; and
c. Before the end of the policy period.
Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15
Includes the copyrighted material of Insurance Services Office, Inc., with its permission