CONTRACT 2016-011 WITH TRISTAR ENGINEERING.PDF

CONSULTANT SERVICES CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
TRISTAR ENGINEERING & MANAGEMENT, INC.
FOR
EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE CONSTRUCTION ADMINISTRATION SERVICES
WORK ORDER NO. T1367
CONTRACT NO. 2016-011
C-64-

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CONSULTANT SERVICES
CONTRACT NO. 2016-011
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. 2016-011, El Mirage Road
- Northern Avenue to Peoria Avenue Construction Administration, 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 Tristar Engineering and Management, Inc., hereinafter called “CONSULTANT”, with its
principal offices located at 10625 North 25th Avenue, Suite 103, Phoenix, Arizona 85029, Telephone
No. (602) 288-5594, 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 & 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 & 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 SEVEN HUNDRED SIXTY ONE (761) 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. 2016-011 Page 3 of 14

SECTION III—PAYMENTS TO THE CONSULTANT
The CONSULTANT shall be paid for work under this contract a not-to-exceed amount of $1,514,676.64
plus a fee not-to-exceed $53,566.58 for allowances as identified below and in accordance with the Scope
of Work. The County will compensate CONSULTANT for unscheduled overtime work, which has been pre-
approved in writing by the COUNTY, at the actual rates specified in Table D, Overtime Rate Designation.
ALLOWANCE TOTAL
Overtime - Tristar $43,566.58
Overtime — Parsons Brinckerhoff $10,000.00
The CONSULTANT shall be paid for work under this contract in accordance with the Scope of Work a not-
to-exceed amount of ONE MILLION FIVE HUNDRED SIXTY EIGHT THOUSAND TWO HUNDRED
FORTY THREE DOLLARS AND TWENTY-TWO CENTS ($1,568,243.22), plus any adjustments that have
been approved in writing in accordance with the Maricopa County Procurement Code. However, the
COUNTY does not guarantee either a minimum or maximum fee under this Contract, and CONSULTANT,
in accepting this Contract, does not expect the payment of either a minimum or maximum fee. For not-to-
exceed contract payments will be made for the actual hours worked and actual expenses incurred as
provided in Exhibit B, Consultant's Fee Schedule.
The 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:
Contract No. 2016-011 Page 4 of 14

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.
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 to
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.
Contract No. 2016-011 Page 5 of 14

SECTION VII-PROJECT COMPLETION
If, 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.
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 Il], PAYMENTS TO THE CONSULTANT.
SECTION IX—OWNERSHIP OF DOCUMENTS
A. All original documents including, but not limited to studies, reports, tracings, drawings, physical and
computer models, estimates, field notes, investigations, design analysis, calculations, computer
software, and specifications, prepared in the performance of this contract are to be and remain the
property of the COUNTY and are to be delivered to the Agent before final payment is made to the
CONSULTANT. The COUNTY will not reuse, alter or modify these documents without noting such
modifications, alterations, or intent of their reuse, and will hold the CONSULTANT harmless from any
claims arising from such reuse, modifications, or alterations of the documents. The CONSULTANT
may retain reproducible copies of all such documents delivered to the COUNTY.
B. If the CONSULTANT retains reproducible copies of all such documents delivered to the COUNTY, the
CONSULTANT may not use those documents in regard to current or future claims or litigation against
the COUNTY brought by another party or parties unless the documents are independently produced in
accordance with a court order or procedural rules and notice of such production is given to the
COUNTY immediately and prior to their production.
Contract No. 2016-011 Page 6 of 14

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.
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 shail 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 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
Contract No, 2016-011 Page 7 of 14

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of
this certification; and
(d) have not within a 3-year period preceding this Contract had one or more public transaction
(Federal, State or local) terminated for cause of default.
(2) Should the CONSULTANT not be able to provide this certification, an explanation as to why should
be attached to the Contact.
(3) The CONSULTANT agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this Contract.
SECTION XI—GENERAL CONSIDERATIONS
. 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
Contract No. 2016-011 Page 8 of 14

specific geographic area without the written authorization and approval of the Transportation Director of
the COUNTY.
H. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and assigns,
shall not accept employment as CONSULTANTS, expert witnesses or otherwise in any pending or
contemplated litigation against the COUNTY during the term of this contract and any extensions thereof
without the written authorization and approval of the Transportation Director of the COUNTY.
|. 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 |. 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 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.
Contract No. 2016-011 Page 9 of 14

SECTION XIV—ANTI-DISCRIMINATION PROVISION
The COUNTY will endeavor to ensure in every way possible that small business enterprises shall have
every opportunity to participate in providing professional services, purchased goods, and contractual
services fo the COUNTY without being discriminated against on the grounds of race, religion, gender, age,
disability, or national origin.
The CONSULTANT agrees not to discriminate against any employee or applicant for employment because
of race, religion, gender, age, disability, or national origin, and further agrees not to engage in any unlawful
employment practices. The CONSULTANT further agrees to insert the foregoing provisions in all
subcontracts hereunder.
SECTION XV—INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall defend, indemnify, and hold harmless
COUNTY, its agents, representatives, officers, directors, officials, and employees from and against all
claims, damages, losses and expenses, including reasonable attorney fees and court costs, but only to the
extent caused by the negligence, reckless or intentional wrongful conduct of the consultant or others
persons employed or used by the consultant in the performance of the contract or subcontract. “Other
persons employed or used” means a subconsultant to a consultant or design professional in any tier, or any
other person or entity who performs work or design professional services, or provides labor, services,
materials or equipment in connection with the contract.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as
limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to
the sole negligence of COUNTY.
SECTION XVI - INSURANCE REQUIREMENTS
CONSULTANT, at CONSULTANT'S own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a
current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of COUNTY. The form of any insurance policies
and forms must be acceptable to COUNTY.
All insurance required herein shall be maintained in full force and effect until all work or service required to
be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to
do so may, af 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.
Contract No. 2016-011 Page 10 of 14

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.
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, 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.
2. Automobile Liability. Commercial/Business Automobile Liability insurance and, if
unnecessary, Commercial Umbrella insurance with a combined single limit for bodily injury
and property damage of not less than $2,000,000 each occurrence with respect to any of
the CONSULTANT’S owned, hired, and non-owned vehicles assigned to or used in
performance of the CONSULTANT’S work or services under this Contract.
& 3. Workers’ Compensation. Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of CONSULTANT’S employees
engaged in the performance of the work or services under this Contract; and Employer's
Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for
each employee, and $1,000,000 disease policy limit.
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.
Contract No. 2016-011 Page 11 of 14

ra} 4, Errors and Omissions Insurance. Errors and Omissions insurance and, if
necessary, Commercial Umbrella insurance, which will insure and provide coverage for
errors or omissions of the CONSULTANT, with limits of no less than $2,000,000 for each
claim.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this Contract, CONSULTANT shall furnish COUNTY with
Certificates of Insurance in a form acceptable to COUNTY, or formal endorsements as required by the
Contract in the form provided by the COUNTY, issued by CONSULTANT’S insurer(s), as evidence that
policies providing the required coverages, conditions and limits required by this Contract are in full force
and effect. Such certificates shall identify this contract number and title.
In the event any insurance policy(ies) required by this contract is (are) written on a “claims made” basis,
coverage shall extend for two years past completion and acceptance of CONSULTANT’S work or services
and as evidenced by annual Certificates of Insurance.
lf 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.
Contract No. 2016-011 Page 12 of 14

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
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. 2016-011 Page 13 of 14

In WITNESS WHEREOF, the parties herein have executed this Contract.
TRISTAR ENGINEERING & MANAGEMENT, INC.
By
Principal of the Firm
Printed Name
Title
Date
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. 2016-011 Page 14 of 14

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, 2016-011

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 Firm Name | SBE Firm y
Addre:
DS
SI
SH
HI
FIFI
FAL
L] 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. 2016-011

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 TRISTAR
ENGINEERING & MANAGEMENT, INC. or its subconsultants in connection with the project described in MCDOT
Contract No. 2016-011, have been paid.
TRISTAR ENGINEERING AND MANAGEMENT, 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. 2016-011 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. 2016-011

TRIST-1 OP ID: TA
CERTIFICATE OF LIABILITY INSURANCE 06/08/2016.
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).
esoo FONIACT Teresa Alvarado
GRODUCER
a Agencl
5343 N. 16th Street, Suite 110 USNS xy, 602-264-5533 [EAS no; 602-279-9336
et cee EMAL... teresa.alvarado@stuckeyinsurance.com
INSURER(S) AFFORDING COVERAGE NAIC #
iNsuRER A: Travelers Prop Cas of America 25674
INSURED Tristar Engineering & insurer B: Travelers Indemnity Company 25658
Management tc isurer c: Hartford Ins Co of the Midwest 37478
Phoenix, AZ 85069-5278 INSURER D: ACE American Ins Co 22667
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 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.
[INS TYPE OF INSURANCE esr MD. POLICY NUMBER (AMIODIYYYY) |(tMMDDIVYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE 5 2,000,000
=
A | X | COMMERCIAL GENERAL LIABILITY X | X |6809143L051 03/01/2016 | 03/01/2017 | OAT OREN erence) | $ 300,000)
| CLAIMS. MADE occur MED EXP (Any one person) | $ 5,000
| X {Contractual Liab PERSONAL & ADV INJURY | $ 2,000,000)
GENERAL AGGREGATE $ 4,000,000
|
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG | $ 4,000,000)
|} pouicy | X | 8BO: [| 0c $
|
| AUTOMOBILE LIABILITY fe Meade
ANY AUTO BODILY INJURY (Per person) | $
| ALL OWNED SCHEDULED BODILY INJURY (Per accident) | $
| NON-OWNEO PROPERTY DAMAGE
$
HIRED AUTOS AUTOS (PER ACCIDENT}
$
| X | UMBRELLALIAB =| X | occur EACH OCCURRENCE $ 5,000,000
B EXCESS LIAB CLAIMS-MADE CUP6C938665 03/01/2016 | 03/01/2017 | asGrEGaATE $ 5,000,000
pep | X | RETENTION 40000 $
WORKERS COMPENSATION X ee We STATU- re H-
AND EMPLOYERS! LIABILITY LIMITS
YIN
C_ | ANY PROPRIETOR/PARTNERIEXECUTIVE X |S9WECPH1481 07/01/2015 | 07/01/2016 | &L. EACH ACCIDENT $ 1,000,000)
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYER) $ 1,000,000
lf yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 1,000,000)
D_ |Professional Liab 'G25660894 003 03/01/2016 | 03/01/2017 |Per Claim 4,000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required}
Professional Liability - Claims Made - Retro Date Full Prior Acts
Re: Maricopa County Department of Transportation, Contract No. 2016-011, El
Mirage Road - Northern Avenue to Peoria Avenue (11367), Tristar Project No.
'T160201
The Maricopa County Department of Transportation, and Maricopa County,
CERTIFICATE HOLDER CANCELLATION
MARIC15
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Maricopa County ACCORDANCE WITH THE POLICY PROVISIONS.
Department of Transportation
Contracts Branch
AUTHORIZED REPRESENTATIVE
2901 West Durango St
Phoenix, AZ 85009
J
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD

HoLoeRcope MARIC15 TRIST-4 PAGE 2
.
NOTEPAD: iNSURED'S NAME Tristar Engineering & OP ID: TA Date ()6/08/2016
their agents, representati ves, officers, Direcjors, Officials, and
emplo vees are named as Additional Insured 's.a6 pects to Whiver V
liability o} rimary and indented non-con (pulory bas (CG 5538710907). ). Wal of
subrogation pled (WOSe: 3014 ag

8
DATE (MM/DDYYYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE
08/09/2016
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 he endorsed. If SUBROGATION (S 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 af such endorsement{s).
PRODUCER CONTACT
Marsh Sponsored Programs CRONE 4-877-320-9393 | Ihe, FAX No}: 515-365-0898
USA, Inc. rea “Tiskmanagement@marshpm com Vendor 1D; 31469
aoa acs
Ox ee
INSURER(S) AFFORDING COVERA NAIC ASE
Des Moines, IA 50306-9686 Le
suReRA: Old Republic Insurance Company 24147
INSURED INSURER B:
Tristar Engineering and Management, Inc.
HSUREAS:
P.O. Box 35278 WSURER
D.
Phoentx, AZ 85069-5278
| INSURER £ :
INSUAER FE:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM GR 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.
Ree bontn
TYPE GF INSURANCE MD} POLICY NUMBER aR lameeen Limits
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
ela ald >)
] cuumsmane [| occur s
MED EXP [Any one parson} 3
=
PERSONAL RADY INURY [3
=
| GENL AGGREGATE LIMIT APPLIES CER: GENERALAGGREGAIE | s
feoucy |_| SEey Loc PRODUCIS -COMPIOP AGG | 3
|
s
OSHER:
| AUTOMOBRE LABILITY ferent OMBINEO SINGLE LIMIT $ 1,000,000
ANY AUIO BODILY INJURY (Per person) | $
A |_| Auras? gonepued = ty yx | 1208336-16 03/01/2016 |03/01/2017| BODILY INJURY Pe ecchdend| $
_ | Won GuneD PROPERTY DAMAGE :
DC saep autos
‘
UMBRELLALAB occur EACH OCCURRENCE 4
||
EXCESS LIAB CLAIMS MADE AGGREGATE 3
peo |__| retentions s
WORKERS COMPENSATION [eis ( [eet
AND EMPLOYEAS LIABILITY Nn HE
ANY PROPRIETORIPARINERIEXECUIIVE EL. EACH ACCIDENT s
OFFICERIMEMBER EXCLUDED? NIA
in Ne) E.L. DISEASE EA EMPLOVEE $
(Mandatory
es, Sescribe under
[DESCRIPTION OF OPERATIONS below E.L DISEASE. POLI Umit | $
DESCRIPTION OF OPERATIONS /LOGATIONS / VEHICLES (ACORD 101, Additional A ks Schedule, may be hed Itmore apaceis required) GPBR: 2250
Policy provides protection for any & a1 operationsijobs parformod by the named insuted where requiad by written contract, Certiteaie holder is an Adgitional Insurad where required by wiltten contract.
Waiver of Subrog: d whare tequired by writen 1 {s primary ond non-contributory.
RE: Maticopa County 0. ofTi Cartract No. 2016-031, Ef Mirage Road - Northern Avenue to
Peorla Avenue (17487), Tristar Project No. 1180201
Policy provides for 30 day notice of cancellation or nonrenowal. Maricopa County Der of Transportation, Marcopa County
CERTIFICATE HOLDER CANCELLATION
Maricopa County Department of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Transportation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
2907 W. Durango Streat
AUTHORIZEG REPRESENTATIVE
Phoenix, AZ 85009 ape _
(Si) bane —__
|
© 1985-2014 ACORD CORPORATION. All rights reserved,
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD