CONTRACT 2016-014 WITH PARSONS BRINCKERHOFF INC.PDF
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ON-CALL CONSTRUCTION ADMINISTRATION SERVICES
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
|
PARSONS BRINCKERHOFF, INC.
CONTRACT NO, 2016-014
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CONTRACT NO. 2016-014
ON CALL CONSTRUCTION ADMINISTRATION SERVICES
Pursuant to the provisions of the Arizona Revised Statutes § 11-201 the Board of Supervisors has the
authority to enter into contracts.
The Maricopa County Department of Transportation, hereinafter called the “COUNTY”, is desirous of
having ON CALL CONSTRUCTION ADMINISTRATION SERVICES performed when requested by the
Maricopa County Department of Transportation through a specific Work Assignment for those services
more fully described in Exhibit A, General Scope of Work, and Exhibit B, Fee Schedule, attached; and
PARSONS BRINCKERHOFF, INC., hereinafter called “CONSULTANT”, with its principal offices located
at 350 West Washington Street, Suite 300, Tempe, Arizona 85281, Telephone Number: (480) 966-
8295 is desirous of performing said services;
THEREFORE, the parties hereto mutually agree as follows:
SECTION I—SERVICES OF THE CONSULTANT
The CONSULTANT, under the general supervision of the COUNTY Permitting, Construction & Inspections
Division Manager, shall perform ON CALL CONSTRUCTION ADMINISTRATION SERVICES as are
necessary for the Work Assignment and according to the directions and designated standards of the
COUNTY, and in accordance with Exhibit A, General Scope of Work. It is understood and agreed that the
COUNTY’s authorized representative shall be the Permitting, Construction & Inspections Division Manager
or his/her duly authorized representative, hereinafter called the “Agent”. For purposes of this contract, the
Agent’s duly authorized representative shall be the Chief Construction Engineer and he/she shall be the
sole contact for administering this contract.
The CONSULTANT shall meet periodically with the Agent so as to keep the COUNTY informed of the
progress of the work in accordance with each work assignment.
SECTION II— WORK ASSIGNMENTS AND PERIOD OF SERVICE
Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work will be
developed for each Work Assignment and incorporated herein by reference. A not-to-exceed fee will be
negotiated for each Work Assignment consistent with Exhibit B, Fee Schedule.
The CONSULTANT shall complete all work in accordance with the provisions of Exhibit A, General Scope
of Work and the detailed Scope of Work as negotiated for each specific Work Assignment. Performance
for a Work Assignment shall commence only upon receipt of the Agent's written notice to proceed.
Any work specified in a Work Assignment under this Contract, which commenced prior to the expiration
date of this Contract, shall be satisfactorily completed within the performance period of the Contract. If an
extension of the Performance Period is granted as provided in Section VII, the performance period of the
Contract shall be automatically extended to allow for the satisfactory completion of such work.
Contract performance will be for a period of three hundred sixty-five (365) calendar days from the Board
award date and may be renewed, if mutually agreed to by both the CONSULTANT and the COUNTY, for
an additional four (4) one-year periods or the expenditure of $2,000,000.00, whichever occurs first.
Contract No. 2016-014 Page 3 of 13
SECTION HI-—-PAYMENTS TO THE CONSULTANT
The CONSULTANT shall be paid a fee not-to-exceed TWO MILLION DOLLARS AND NO CENTS
($2,000,000.00) for complete and satisfactory performance of work under this contract in accordance with
the General Scope of Work and the detailed Scope(s) of Work. Payments will be made for the actual hours
worked and/or other costs incurred or provided for in accordance with Exhibit B, Fee Schedule.
The COUNTY does not guarantee any minimum or maximum fee during the period of this contract, and
CONSULTANT, in accepting this contract, does not anticipate any minimum or maximum fee.
The COUNTY shall pay the CONSULTANT in full for each Work Assignment upon satisfactory completion
and acceptance by the COUNTY, provided the CONSULTANT retums the executed Certificate of
Performance furnished by the Agent. Should an assignment require more than thirty (30) days to complete,
the CONSULTANT may invoice progress payments based on COUNTY approved monthly progress
reports and subject to the limitations set forth in the Scope of Work negotiated for each Work Assignment.
No retention shall be withheld from the contract.
The CONSULTANT shall provide back-up documentation with each invoice progress payment. The back-
up documentation shall clearly indicate the hours worked, date, and employee's name, including sub-
consultants. All backup documentation shall include copies of any sub-consultants or vendor invoices.
The Small Business Enterprise Participation Form (Attachment 1) is to be submitted with each pay
application or invoice. Any pay application or invoice without this form attached is subject to rejection as
not being a completed pay application or invoice pursuant to the terms of the contract.
The final invoice shall be paid to the CONSULTANT for each Work Assignment, as applicable, within forty-
five (45) calendar days after:
A. final completion of all work per Exhibit A, General Scope of Work and the detailed Scope of
Work,
B. acceptance of the work by the COUNTY,
C. the COUNTY’s receipt of the “Certificate of Performance” form furnished by the Agent,
A Certificate of Performance will be provided with each Work Assignment. Upon Completion of the specific
Work Assignment, the CONSULTANT will furnish to the COUNTY a completed Certificate of Performance
— Work Assignment and Payment of all Claims.
Upon completion of all Work Assignments under this contract, the CONSULTANT will furnish to the
COUNTY an executed Certificate of Performance (Attachment 2). The Certificate of Performance must be
notarized.
SECTION IV—THE COUNTY’S RESPONSIBILITIES
The COUNTY shall furnish the CONSULTANT, at no cost to the CONSULTANT, the following information
or services for each Work Assignment:
Contract No. 2016-014 Page 4 of 13
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the Work
Assignment. This does not, however, relieve the CONSULTANT of the responsibility of searching
records for additional information, for requesting specific information, or for verification of that
information provided. The COUNTY does not warrant the accuracy or comprehensiveness of any such
information.
B. All available information and data relative to policies, standards, criteria, and studies, etc. impacting the
Work Assignment as identified by the CONSULTANT.
C. Available staff for consultation with the CONSULTANT during the performance of the work in order to
identify the problems, needs, and other functional aspects of the Work Assignment.
D. Prompt examination of documents submitted by the CONSULTANT and rendering of decisions
pertaining thereto in order to avoid unreasonable delay in the progress of the work by the
CONSULTANT. The COUNTY will keep the CONSULTANT advised concerning the progress of the
COUNTY’s review of work.
SECTION V—ALTERATION IN SCOPE OF WORK
This contract may be amended by mutual agreement of the COUNTY and the CONSULTANT.
Any alteration in the General Scope of Work and/or the detailed Scope(s) of Work that will result in a
substantial change in the nature of the Work Assignment so as to materially increase or decrease the
contract fee will require negotiation of an amendment to the contract to be executed by the COUNTY and
the CONSULTANT. No work shall commence on the change until the contract amendment has been
approved by the COUNTY and the CONSULTANT has been notified to proceed by the Agent. It is
distinctly understood and agreed that no claim for extra work done or materials furnished by the
CONSULTANT will be allowed by the COUNTY except as provided herein, nor shall the CONSULTANT do
any work or furnish any materials not covered by this agreement unless such work is first authorized in
writing by the COUNTY and in accordance with the Maricopa County Procurement Code. Any such work
or materials furnished by the CONSULTANT without such written authorization first being given shall be at
CONSULTANT’S own tisk, cost, and expense, and CONSULTANT hereby agrees that without such written
authorization to make no claim for compensation for such work or materials furnished.
SECTION VI—RECORDS
Records of the CONSULTANT’S expenses pertaining to this contract and records of accounts between the
COUNTY and the CONSULTANT shall be kept on a generally recognized accounting basis and shall be
available upon request fo the COUNTY or its authorized representative for audit during normal business
hours.
The CONSULTANT shall maintain procurement records for a period of two (2} years after the completion of
the contract unless applicable Federal regulations require a longer period of retention.
SECTION VII—WORK ASSIGNMENT COMPLETION
if, during the course of this Contract, situations beyond the control and not the result of delay attributable to
CONSULTANT arise which prevent completion of a work assignment within the allotted time, the Agent
may grant an extension of the Performance Period.
Contract No. 2016-014 Page 5 of 13
SECTION VIH—TERMINATION
The COUNTY may terminate this contract at any time upon reimbursement to the CONSULTANT of
expenses that include reasonable charges for time and material for the percentage of work satisfactorily
completed and turned over to the COUNTY.
The COUNTY reserves the rights to postpone, terminate, or abandon this contract for the CONSULTANT’S
failure to complete any Work Assignment on time, or failure to comply with the provisions of the contract.
The COUNTY also reserves the right to terminate any or all parts of this contract for its own convenience
as the COUNTY may determine at its sole discretion.
The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511 “A” this contract may be canceled
without penalty or further obligation within three (3) years after execution if any person significantly involved
in initiating, negotiating, securing, drafting, or creating a contract on behalf of the COUNTY is, at any time
while the contract or any extension of the contract is in effect, an employee or agent of any other party to
the contract in any capacity or a consultant to any other party of the contract with respect to the subject
matter of the contract. Cancellation under this section shall be effective when written notice from the
COUNTY Transportation Director is received by all of the parties of the contract. In addition, the COUNTY
may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the COUNTY from any other party to the contract
arising as a result of the contract.
The CONSULTANT may terminate this contract in the event of nonpayment of fees as specified in
SECTION IH, 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.
Contract No. 2016-014 Page 6 of 13
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 Work Assignment. It is understood that
the COUNTY shall conduct itself in accordance with the provisions of the Maricopa County Procurement
Code.
The CONSULTANT warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges:
(1) That the CONSULTANT and its sub-consultants, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S.
§23-214, subsection A; After December 31, 2007, every employer, after hiring an employee, shall
verify the employment eligibility of the employee through the e-verify program and shall keep a
record of the verification for the duration of the employee’s employment or at least three years,
whichever is longer.
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;
That the contracting government entity retains the legal right to inspect the papers of any
CONSULTANT or sub-consultant employee who works on the contract to ensure that the
CONSULTANT or sub-consultant is complying with the warranty provided under subsection 1
above and that the CONSULTANT agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an inspection.
(4) That nothing herein shall make any CONSULTANT or sub-consultant an agent or employee of
the contracting government entity.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION.
(1) The undersigned (authorized official signing for the CONSULTANT) certifies to the best of his or
her knowledge and belief, that the CONSULTANT, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agency;
(b) have not within 3-year period preceding this Contract been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract 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
Contract No. 2016-014 Page 7 of 13
(d) have not within a 3-year period preceding this Contract had one or more public transaction
(Federal, State or local) terminated for cause of default.
(2) Should the CONSULTANT not be able to provide this certification, an explanation as to why should
be attached to the Contact.
(3) The CONSULTANT agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this Contract.
SECTION XI—GENERAL CONSIDERATIONS
The CONSULTANT shall furnish to the COUNTY for approval, the names of its key employees, and of
.
its subconsultants and their key employees, to be used on the Work Assignment prior to beginning the
work under this contract. Any subsequent changes are subject to the written approval of the COUNTY.
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.
Contract No. 2016-014 Page 8 of 13
|. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and assigns,
shall not accept employment as consultants, expert witnesses or otherwise in any future litigation
against the COUNTY in regard to the subject matter of this contract without the written authorization
and approval of the Transportation Director of the COUNTY.
J. It is understood that the COUNTY shall have the right to seek and obtain in any court of competent
jurisdiction an injunction to restrain a violation or alleged violation by the CONSULTANT, its principals,
employees, sub-consultants, agents or assigns, of the provisions of G., H., and I. of this section or of
the provisions of B. of Section IX, and the right of action for full damages at law, in addition to any other
remedies provided by this contract. In no case shall a waiver by the COUNTY of the right to seek relief
under this provision constitute a waiver of any other or further violation.
K. The Consultant shall incorporate stormwater quality best management practices (BMPs) in the design
of the project and comply with the Maricopa County Stormwater Quality Management and Discharge
Control Regulation, the Maricopa County Drainage Policies and Standards, and the Maricopa County
Drainage Regulations, using guidance from the Maricopa County Drainage Design Manual, Vol. Ill,
Erosion Control.
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 XIlII-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 to ensure in every way possible that minority and women-owned business
enterprises shall have every opportunity to participate in providing professional services, purchased goods,
and contractual services to the COUNTY without being discriminated against on the grounds of race,
religion, gender, age, disability, or national origin.
The CONSULTANT agrees not to discriminate against any employee or applicant for employment because
of race, religion, gender, age, disability, or national origin, and further agrees not to engage in any unlawful
Contract No. 2016-014 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, shail 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 fo receive, within 10 working days, certified copies of any or all
of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated, however,
to review such policies and/or endorsements or to advise CONSULTANT of any deficiencies in such
policies and endorsements, and such receipt shall not relieve CONSULTANT from, or be deemed a waiver
of COUNTY'S right to insist on strict fulfillment of CONSULTANT’S obligations under this Contract.
Contract No. 2016-014 Page 10 of 13
The insurance policies required by this Contract, except Workers’ Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and employees as
Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and Omissions, shall contain
a waiver of transfer of rights of recovery (subrogation) against COUNTY, its agents, representatives,
officers, directors, officials and employees for any claims arising out of CONSULTANT’S work or service.
CONSULTANT is required to procure and maintain the following coverages indicated by a checkmark:
= 1. Commercial General Liability. Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence,
$4,000,000 Products/Completed Operations Aggregate, $4,000,000 General Aggregate Limit and
$9 000,000 Personal and Advertising Injury. The policy shall include coverage for bodily injury,
broad form property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provision which would serve to limit third party
action over claims. There shall be no endorsement or modification of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property damage.
ra 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 fo 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.
re) A. Errors and Omissions Insurance. Errors and Omissions insurance and, if
necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or
omissions of the CONSULTANT, with limits of no less than $2,000,000 for each claim.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this Contract, CONSULTANT shall furnish COUNTY with
Certificates of Insurance in a form acceptable to COUNTY, or formal endorsements as required by the
Contract in the form provided by the COUNTY, issued by CONSULTANT’S insurer(s), as evidence that
policies providing the required coverages, conditions and limits required by this Contract are in full force
and effect. Such certificates shall identify this contract number and title.
Contract No. 2016-014 Page 11 of 13
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. APerson 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 XVIII - TITLE VI
The Maricopa County Department of Transportation, in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all
advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids
in response to this invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
(END OF SECTION)
Contract No. 2016-014 Page 12 of 13
IN WITNESS WHEREOF, the parties herein have executed this contract.
PARSONS BRINCKERHOFF, INC.
dug Case
wy
! Principat of the Firm
Jay Guertin
Printed Name
Construction Services Area Manager
Title
August 3, 2016
Date
111531569
Tax Identification Number
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
RECOMMENDED BY CERTIFICATE OF INSURANCE APPROVED
By
Jennifer Joth, P-E: Risk Manager Date
Trapspp ation Director/County Engineer
LEGAL REVIEW
Approved as to form and within the powers and
authority granted under the laws of the State of
Arizona to the Maricopa County Department of
Transportation.
Deputy County Counsel Date ACCEPTED AND APPROVED
By
Chairman, Board of Supervisors Date
ATTEST
By
Clerk of the Board Date
Contract No. 2016-014 Page 13 of 13
CONTRACT NO. 2016-014
ON CALL CONSTRUCTION ADMINISTRATION SERVICES
ATTACHMENTS
SBE Program Participation Reporting Form
Certificate of Performance
Certificate of Insurance
On Call Consultant Contract Payment Request Form
Title VI Assurances
Attachment 1
Maricopa County Small Business Enterprise Program
Participation Reporting Form
This for is to be submitted with aach pay application or inveice. diy pay application or invoice without
this form attached is subject to rejection a: not heing a completed pay agplication or invoice pursuant to
te terms of the conact.
Name of Prime Consultant'Contractor Contract No.
Contact Persan Praject No.
=
Street Address Amount of this Pay Application Invoice
City, State ZIP
Complete below with infonmation an the SBE firms utilized 25 subconsmirants'sutcontractors for this pay
applicatiominveice. If work was self perfonmed and your finn, as the prime, is an SRE firm pursuant to
ARS. § 41-1001, at seq., then you may list your firm as the SBE ira
5
SBE Firm Name SBE Firm Address ee Tao
3
$
3
$
§
5
3
3
$
$
(J A mark in this box certifies that 20 SBE firms sere utilized as the prime, subconsnltant or
subcontractor with respect to this pay application Invoice.
Date:
Signature
Hrinted Name & Telephone Number
Contract No. 2016-014
CERTIFICATE OF PERFORMANCE
ON CALL CONTRACT 2016-014
The Maricopa County Department of Transportation accepts the completed work by Parsons
Brinckerhoff, Inc., or its subconsultants in connection with the scope of work described in Contract
No. 2016-014. Whereas the completion date for this On Call Contract has passed, Maricopa County
Department of Transportation will not authorize any new work assignments to this Contract.
(Name of Firm Signer) hereby certifies to the Maricopa
County Department of Transportation that all work covered in and required by Contract No. 2016-014
has been completed, payments requested and received, and that all claims of any nature or kind
against Maricopa County Department of Transportation arising out of performance of the Contract are
settled. The undersigned hereby certifies that no contractual disputes exist in regard to this Contract
and that there is no knowledge of any pending or potential claims in regard to this Contract.
This document hereby formally closes the contractual relationship between Maricopa County
Department of Transportation and Parsons Brinckerhoff, Inc., for Contract No. 2016-014 for On-Call
Construction Administration Services. No further requests for payment will be entertained by
Maricopa County Department of Transportation.
By affixing signatures below, Maricopa County Department of Transportation and Parsons
Brinckerhoff, Inc., mutually acknowledge completion and termination of Contract No. 2016-014.
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. 2016-014
Attachment 3
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF INSURANCE
CONTRACT NO. 2016-014 PROJECT TITLE: On-Call Construction Administration Services
NAME AND ADDRESS OF INSURANCE AGENCY: *COMPANIES AFFORDING COVERAGES:
Company | A
Letter
Company | g
Letter
Company | ¢
Letter
NAME AND ADDRESS OF INSURED: Company | p
Letter
Company | p
Letter
Company | F
Letter
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this time.
*CO, EFFECTIVE EXPIRATIO
LTR. TYPE OF INSURANCE POLICY DATE N DATE LIMITS
NUMBER (MMUDDIYY) | (MM/DD/YY)
GENERAL LIABILITY:
GENERAL AGGREGATE $4,000,000
COMMERCIAL GENERAL LIABILITY
QO: Claims Made C1: Occur PRODUCTS/COMPLETED $4,000,000
OPERATIONS AGGREGATE
Bd: PREMISES OPERATIONS
il: BLANKET CONTRACTURAL BACH OCCURRENCE $2,000,000 )
EJ: BROAD FORM PROPERTY
DAMAGE
EJ: PERSONAL INJURY
fl: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
(Zi: XCU Hazards
Dd: INDEPENDENT CONTRACTORS
AUTOMOBILE LIABILITY:
Combined Single Limit $2,000,000
Ix]; ANY AUTO
[4]: ALL OWNED AND NON-OWNED Bodily Injury $2,000,000
AUTOS Property Damage $2,000,000
, Per person/Per accident $2,000,000
Cl: EXCESS LIABILITY Each occurrence $
Aggregate $
O: Umbrella Form
(1: Other than Umbrelia Form
STATUTORY LIMITS AND
Ed: WORKERS’ COMPENSATION
rena $1,000,000
AND EMPLOYERS? LIABILITY
{$1,000,000
DISEASE: EACH EMPLOYEE
$1,000,000
DISEASE: POLICY LIMIT
—l: PROFESSIONAL Each Claim $2,000.000
LIABILITY/Errors & Omissions Ageregate $2,000,000
Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County Department
Ed): ; OTHER: of Transportation, and Maricopa County, their agents, representatives, officers, Directors, Officials, and
employees are named as Additional Insured’s,
for Workers Compensation and Professional Liability/Errors and Omissions, Maricopa County Department of Transportation, Maricopa County, their
Except
officers, Directors, Officials, and employees are included as Additional Insured, Any insurance available to the named insured shail be
agents, representatives,
of other sources that be available. It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage available
primary may
fo the County without thirty (30) days written notice to the County. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY.
Maricopa County Department of Transportation DATE ISSUED:
Contracts Branch
2901 West Durango Street AUTHORIZED REPRESENTATIVE
Phoenix, AZ 85009-6357
ATTACHMENT 4
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
ON CALL CONSULTANT PAYMENT REQUEST
Submit to: Maricopa County Department of Transportation
Financial Services Branch
2901 West Durango Street
Phoenix, Arizona 85009-6357
CONSULTANT’S NAME: DATE:
CONSULTANT’S ADDRESS:
PROJECT NAME: PAYMENT REQUEST NO.:
CONTRACT No.: WORK ASSIGNMENT NO.:
TIME PERIOD TO MCDOT Project Manager:
A. CONSULTANT’S CONTRACT DATA
1. Maximum Contract Amount
2. Prior Contract Work Assignments
3. Total Remaining Contract Amount
(A.1 minus A.2 minus B.1) $
B. CONSULTANT’S NTE FEE, THIS CONTRACT ASSIGNMENT
1. NTE Fee, this Contract Work Assignment $
2. Requested Payment: (Attach Backup Documentation)
1, 3. 5.
2. 4, 6.
3. Total Fee Earned To Date, This Contract Work Assignment $
C. PAYMENT REQUEST DATA
1. Less Prior Payments, This Contract Work Assignment $
2. Less Prior Retainage $
3. Total Payment Request (B.3 minus C.1) $
4. Less Retainage this Payment Request $
5. Net Payment Request $
(C 3 minus C4)
Submitted by: Date:
Consultant
Payment Request Verification: Date:
MCDOT Project Engineer
Reviewed by: Date:
MCDOT Branch Manager
Approval to Pay: Date:
MCDOT Division Head
Contract No. 2016-014
K. Title VI Assurances
Maricopa County Department of Transportation
Title VI Assurances
of Transportation The Civil Rights Restoration Act of 1987 clarified the
The Maricopa County Department
(herein referred to as the “Recipient’), HEREBY original intent of Congress, with respect to Title VI
AGREES THAT, as a condition to receiving and other Non-discrimination requirements (The Age
Federal financial assistance from the U.S. Discrimination Act of 1975, and Section 504 of the
any
of Transportation (DOT), through Federal Rehabilitation Act of 1973), by restoring the broad,
Department
Administration and Arizona Department of institutional-wide scope and coverage of these non-
Highway
Transportation, is subject to and will comply with discrimination statutes and requirements to include all
programs and activities of the Recipient, so long as
the following:
any portion of the program is Federally assisted.
Statutory/Regulatory Authorities
¢ Title VI of the Civil Rights Act of 1964 Specific Assurances
(42 U.S.C. § 2000d et seq., 78 stat. 252), More specifically, and without limiting the above
(prohibits discrimination on the basis of race, general Assurance, the Recipient agrees with and
national gives the following Assurances with respect to its
color, origin);
Non-discrimination In Federal Aid Highway Program.
¢ 49C.ER. Part 21 (entitled
Federally-Assisted Programs of the Department
1. The Recipient agrees that each “activity,”
of Transportation—Effectuation of Title VI of the
“facility.” or “program,” as defined in §§ 21.23 (b)
Civil Rights Act of 1964);
and 21.23 (e) of 49 C.FR. § 21 will be
* 28C.ER. section 50.3 (U.S. Department of (with regard to an “activity”) facilitated, or will
Justice Guidelines for Enforcement of Title VI will
be (with regard to a “facility”) operated, or
of the Civil Rights Act of 1964); be (with regard to a “program’”) conducted in
* 23C.FR. Part 200 Subchapter C—Civil Rights compliance with all requirements imposed by,
(Title VI program implementation and or pursuant to the Acts and the Regulations.
related statues) 2. The Recipient will insert the following
The preceding statutory and regulatory cites notification in all solicitations for bids, Requests
hereinafter are referred to as the ‘Acts” and For Proposals for work, or material subject
“Regulations,” respectively. to the Acts and the Regulations made in
connection with all Federal Aid Highway
General Assurances Program and, in adapted form, in all proposals
In accordance with the Acts, the Regulations, for negotiated agreements regardless of
and other pertinent directives, circulars, policy, funding source:
memoranda and/or guidance, the Recipient hereby
gives assurances that it will promptly take any “The Maricopa County Department of
measures necessary to ensure that: Transportation, in accordance with the
provisions of Title V1 of the Civil Rights Act
“No person in the United States shall, on the
of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-
grounds of race, color, or national origin, be
4) and the Regulations, hereby notifies all
excluded from participation in, be denied
advertisement, disadvantaged business
the benefits of, or be otherwise subjected to
enterprises will be afforded full and fair
discrimination under any program or activity,” for
opportunity to submit bids in response to
which the Recipient receives Federal financial
this invitation and will not be discriminated
assistance from DOT, including the Federal
against on the grounds of race, color, or
Highway Administration.
national origin in consideration for an award.’
The Recipient will insert the clauses of b. the period during which the Recipient retains
Appendix A and E of this Assurance in every ownership or possession of the property.
contract or agreement subject to the Acts and The Recipient will provide for such methods
the Regulations. of administration for the program as are
The Recipient will insert the clauses of found by the Secretary of Transportation or
Appendix B of this Assurance, as a covenant the official whom he/she delegates specific
running with the land, in any deed from the authority to give reasonable guarantee that it,
United States effecting or recording a transfer of other recipients, sub-recipients, sub-grantees,
real property, structures, use, or improvements contractors, subcontractors, consultants,
thereon or interest therein to a Recipient. transferees, successors in interest, and other
participants of Federal financial assistance
That where the Recipient receives Federal
under such program will comply with all
financial assistance to construct a facility or
the Assurance will extend requirements imposed or pursuant to the Acts,
part of a facility,
in the Regulations, and this Assurance.
to the entire facility and facilities operated
connection therewith. 10. The Recipient agrees that the United States
Federal has a right to seek judicial enforcement with
That where the Recipient receives
regard to any matter arising under the Acts, the
financial assistance in the form, or for the
acquisition of real property or an interest in real Regulations, and this Assurance.
property, the Assurance will extend to rights to
space on, over, or under such property.
That the Recipient will include the clauses set
forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land,
in any future deeds, leases, licenses, permits,
or similar instruments entered into by the
Recipient with other parties:
a. for the subsequent transfer of real property
acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access
to, space on, over, or under real property
acquired or improved under the applicable
activity, project or program.
That this Assurance obligates the Recipient
for the period during which Federal financial
assistance is extended to the program, except
where the Federal financial assistance is to
provide, or is in the form of, personal property,
or real property, or interest therein, or structures
or improvements thereon, in which case the
Assurance obligates the Recipient, or any
transference for the longer of the following
periods:
a. the period during which the property is used
for a purpose for which the Federal financial
assistance is extended, or for another
purpose involving the provision of similar
services or benefits; or