CONTRACT 2015-034 WITH BURGESS AND NIPLE.PDF

ON-CALL PROFESSIONAL ENGINEERING AND DESIGN SERVICES
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
BURGESS & NIPLE
CONTRACT NO. 2015-034
Agenda No. C-64-

ON CALL PROFESSIONAL ENGINEERING AND DESIGN SERVICES
CONTRACT NO. 2015-034
TABLE OF CONTENTS
SECTION | SERVICES OF CONSULTANT w.esccssssssssserscsess sesneessmearcasucesssrsaneesuereseronrsesevsssetes
SECTION Il WORK ASSIGNMENTS AND PERIOD OF SERVICE...ucsssssscsrmessseseeeenteseseess
SECTION Il] PAYMENTS TO THE CONSULTANT coeccessses ssssecensscsrsearcensnereecsessnernennenteeceneanrees
SECTION IV THE COUNTY’S RESPONSIBILITIES oo... cscssessessseersssessevecsassesvesnaeesnieseneesaness
SECTION V ALTERATION IN SCOPE OF WORK ...esscsssse sssssessersseereserrsseecsireecnercersaeesertessers
SECTION VI RECORDS. .....ccssesscsssstssssesseescesssescssessnsscancence sesensnsseeseeseesaveneasesseesestunneasteaeenieeee
SECTION Vil WORK ASSIGNMENT COMPLETION .....ss0e ccsssscsrceserssesscasersaresensseneensessnserseees
SECTION VII TERMINATION ...ssscsssssssessuscussstsscsvesssmeeme cssueeassentsatsesctsesessstsasseacteateenaesnesnns
SECTION IX OWNERSHIP OF DOCUMENTS .....cccssrssersses ssssecsesessecssecesssersteeneersinseateeseneennens
SECTION X COMPLIANCE WITH LAWS. ...cscesscssssssssssssssees ccssetsuseenceseesensenessceraneseseennesonssetsaate
SECTION XI GENERAL CONSIDERATIONS ....cccsssssssssssee cessesessseeceerrserreceeesneceensenseeeaeeeaneeenens
SECTION XII SUCCESSORS AND ASSIGNS. ......ccsssess seosstsensnrenrereereresnsereenennennereaieenes
SECTION XIII NO KICK-BACK CERTIFICATION .....csscessss cssssssersesussesessssesenteneensteateentenceeeusens
SECTION XIV ANTI-DISCRIMINATION PROVISIONS 0... csessecsssssenssneseesssateecsnseaeseseneeeuersersens
SECTION XV INDEMNIFICATION ....scscsssessscsssserssssersssessarsee sessuessererneeseeecernessereantesereeraneraicennees
SECTION XVI INSURANCE REQUIREMENTS....ccssccsoscesss sssstsesteesseesecenesseeseusenteenseseentreceesse
SECTION XVII INFLUENCE ....ssscsscsssesssssssessesssssnesssccanseses snsvecersnesuesseseseneaeenvecuesesecaaseactneatvers
SECTION XVI TITLE VI ...essssssscssseessssseesssersesssseesercesses anvey seeseceeccenessessuceeeceeaeeeeessessanraesatens
SECTION XIX PERFORMANCE EVALUATIONS .....ccscssssse srsanesssesscecevansserecestisesssscusroeeraneesents
SIGNATURE PAGE ...sssssssscccssesercesnessrserseeneencersecsranessneeesesene satrenesausnareeareeaseeanteanseaeaaceeceeeseeaenens
ATTACHMENTS
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - CONSULTANT’S FEE SCHEDULE
Contract No. 2015-034 Page 2 of 12

CONTRACT NO. 2015-034
ON CALL PROFESSIONAL ENGINEERING AND DESIGN 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 PROFESSIONAL ENGINEERING AND DESIGN 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 BURGESS & NIPLE, hereinafter called “CONSULTANT”, with its principal offices located at 1500
North Priest Drive, Suite 102, Tempe, Arizona, 85281 Telephone Number: (602) 244-8100 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 Transportation Systems Management
Division Manager, shall perform On-Call Professional Engineering and Design 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 Transportation Systems Management or his/her 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 each work assignment.
SECTION liI— 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 seven hundred thirty (730) 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 three (3) one-year periods or the expenditure of $2,000,000.00, whichever occurs first.
Contract No. 2015-034 Page 3 of 13

SECTION III—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 returns 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 fumish 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 shail fumish the CONSULTANT, at no cost to the CONSULTANT, the following information
or services for each Work Assignment:
Contract No. 2015-034 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 risk, 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 to 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
lf, during the course of this Contract, situations beyond the contro! 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. 2015-034 Page 5 of 13

SECTION VHI—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 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 fo 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 independenily 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. 2015-034 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. 2015-034 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 shail in no way
relieve the CONSULTANT'S responsibility.
. [tis 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. 2015-034 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 |. 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. IH],
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.
SECTION XIV—ANTI-DISCRIMINATION PROVISION
The COUNTY will endeavor fo 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. 2015-034 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 fo
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 shail be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute fo 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
policies and endorsements, and such receipt shail 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. 2015-034 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:
m= 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
$2,000,000 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.
ea 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.
bl 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.
ml 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 fumish 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. 2015-034 Page 11 of 13

In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis,
coverage shail 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 MC 1-902.
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. Thatis 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.
SECTION XIX - PERFORMANCE EVALUATIONS
The CONSULTANT’s performance shall be evaluated periodically in accordance with the schedule set
forth in the Project Development Manual (PDM). Final Consultant evaluations for contracts executed
after July 1, 2015, shall be considered in the future CONSULTANT selection process as outlined in the
PDM.
(END OF SECTION)
Contract No. 2015-034 Page 12 of 13

IN WITNESS WHEREOF, the parties herein have executed this contract.
BURGESS & NIPLE
By
Principal of the Firm
Printed Name
Title
Date
Tax Identification Number
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
RECOMMENDED BY
By
Jennifer Toth, P.E. Date
Transportation Director
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. 2015-034 Page 13 of 13

CONTRACT NO. 2015-034
ON CALL PROFESSIONAL ENGINEERING AND DESIGN SERVICES
ATTACHMENTS
1. SBE Program Participation Reporting Form
2. Certificate of Performance
3. Certificate of Insurance
4. On Call Consultant Contract Payment Request Form
5. Title VI Assurances

Attachment 1
Maricopa County Small Business Enterprise Program
Participation Keporting Form
This forne is fo Be audeittted with each gay apolicarion or imwice. any pay asplication or hiveice without
Nits form attachad is subject te rejection a: not being a completed pay aauplicniian ar inveite pursuant te
Nie tems of she contract
Name of Prime Consultant’Contractor Contract No.
Comact Pesan Project No.
¥
Soest Address Aunount of this Bay Auplicetion/Invaice
City, State ZIP
Complete below with infomnation on the SBE firmus utilized as subcamsultamts‘subcontractors for this pay
applcationinveice. If works was selfperfonned aud your fim, as the prime, is an SRR fire pursuant te
ARS. § 41-1601, et seg.. then you may list your fmm as the SBE firm.
SBR Fim Name SBE Fim Address Reformed | Appiiev
(] A mark in this box certifies that no SBE firms were niflized as the prime, subconsultant or
subcontractor with respect to this pay application /invaice.
Date:
Signature
Printed Name & Telephone Huriher
Contract No. 2015-034

CERTIFICATE OF PERFORMANCE
ON CALL CONTRACT 2015-034
The Maricopa County Department of Transportation accepts the completed work by Burgess & Niple
or its subconsultants in connection with the scope of work described in Contract_No. 2015-034.
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. 2015-034
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 Burgess & Niple for Contract No. 2015-034 for On-Call
Professional Engineering and Design 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 Burgess & Niple
mutually acknowledge completion and termination of Contract No. 2015-034.
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. 2015-034

ay BURG&NI-01 DUBEAA
ACCORD DATE (MMIDDIYYYY}
CERTIFICATE OF LIABILITY INSURANCE
ee 3/28/2016
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).
PRODUCER GeNIACT Willis Towers Watson Certificate Center
Wiis of Penns ivania, Inc. {dle No, Ext): (877) 945-7378 | FAX nuoj: (888) 467-2378
P.O, Box 305791 EMAL gs, Certificates@willis.com
Nashville, TN 37230-5191
INSURER(S} AFFORDING GOVERAGE NAIC #
iNsuRER A ; National Union Fire Insurance Company of Pittsburgh |49445
INSURED insurer B : North River Insurance Company 21105
insurer c: Continental Casualty Company 20443
Burgess & Niple, Inc.
5085 Reed Road INSURER D:
Columbus, OH 43220
INSURERE:
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 JS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iINSR (ADDL/SUBR] POLICY EXP
CTR TYPE OF INSURANCE ven | wyo POLICY NUMBER (AMIDDIVYYY) | (RADDIVYYY) LIMITS
A | X | comMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
[ DAMAGE TO RENTED
| orams.mape |X | occur xX | X IGL 5268138 04/01/2016 | 04/01/2017 | TORENTED es 500,000
DAMAGE
|__| MED EXP (Any one person) | §$ 25,000
—_ PERSONAL & ADVINJURY | $ 1,000,000
| GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE § 2,000,000;
| eoucy |X] 589 [| 106 PRODUCTS - COMPIOP AGG | § 2,000,000
|
OTHER: $
AUTOMOBILE LIABILITY feoteedenty NOELIMIT | s 1,000,000
A |X| anvauto X | X CA 4489627 04/01/2046 | 04/01/2017 | BODILY INJURY (Per person) | $
|_| Ato SCHEDULED BODILY INJURY (Per accident) | $
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident}
$
[xX fumeretianias | X | occur EACH OCCURRENCE $ 15,000,000
B EXCESS LIAB CLAIMS-mADE| X 5811065487 04/01/2016 | 04/01/2017 | accrecaTE $ 15,000,000)
pep _| X | ReTENTIONS 0 $
WORKERS COMPENSATION X [Starve PER | | OTH-
BR
AND EMPLOYERS’ LIABILITY YIN
A J ANY PROPRIETORIPARTNER/EXECUTIVE X [We 015893628 04/01/2016 | 04/01/2017 | £1. EACH ACCIDENT $ 1,060,000
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE] $ 1,000,000
lf yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE ~ POLICY LIMIT | $ 1,000,000)
CG Professional Liab. (AEHO008215011 04/01/2016 | 04/01/2017 '$560,000 DED/Limit: 10,000,006
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedul , may be attached If more space is required)
The Maricopa County Department of Transportation, and Maricopa County, their agents, representatives and officers, directors, officials and employees are
included as Additional Insureds as respects to General Liability, Auto Liability and Umbrella Liability when required by written contract,
General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds when
required by written contract.
Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability and Workers Compensation when required by
SEE ATTACHED ACORD 101
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLIGIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Maricopa County Department of Transportation AUTHORIZED REPRESENTATIVE
Contracts Branch
2901 West Durango St. Gadlealh, Casdnnyy
(Phoenix, AZ 85009-6357
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and fogo are registered marks of ACORD

AGENCY CUSTOMER ID: BURG&NI-01 DUBEAA
——) LOC #:
ACCORD’
Nr ADDITIONAL REMARKS SCHEDULE Page 1 of 1.
NAMED INSURED
[aceicr
illis of Pennsylvania, Inc. Burgess & Niple, Enc.
5085 Reed Road
POLICY NUMBER Columbus, OH 43220
ISEE PAGE 1
CARRIER NAIC CODE
SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: _ACORD 25 FORMTITLE: Certificate of Liability Insurance
Description of Operations/Locations/Vehicles:
written contract and as permitted by law.
The Umbrella Policy does not sit excess over the Professional Liability coverage.
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. AH rights reserved.
The ACORD name and logo are registered marks of ACORD

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following atfaching
5	1	5	1	1	4	655	507	94	23	93.212906	clause need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 04/01/2016 foms a part of Policy No. WC = 015-89-3628
issued to BURGESS & NIPLE, INC.
By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
LIMITED ADVIGE OF CANCELLATION PROVIDED VIA E-MAIL.
TO ENTITIES OTHER THAN THE NAMED INSURED
(WORKERS' COMPENSATION ONLY}
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and
t. the cancellation effective date is prior to this policy's expiration date;
2. the Named Insured or, if applicable, any other employers named in Item 1 of the information Page is under an
existing contractual obligation to. notify a certificate holder when this policy is canceled (hereinafter; the
Certificate
5	1	7	1	6	2	589	1397	178	42	88.265274	Holder(s)) and the Named Insured has provided to the Insurer, either directly or through its
broker of record, the email address of a contact at each such entity; and
3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and
prior fo this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the Advice) via e-mail to each such Certificate Holders within 30 days
after the Named Instiréd provides such information to the Insurer; provided, however, that if a specific number of days
is not stated above, then the Advice will be provided to such Certlficate Holder(s) as soon as reasonably practicable
after the Named Insured provides such information to the Insurer.
ea
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as be
proof that the Insurer has fully satisfied its obligations under this endorsement. AW
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or
the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.
The following definitions apply to this endorsement;
1. Named Insured means the insuied first named employer in Item 1 of the informatiori Page of this policy.
2. Insurer means the insurance company shown in the header on the Information Page of this policy.
nee
All other terms, conditions and exclusions shall reriain the same.
PANS
fn
eects
ees
Japa Bb, Ot
AUTHORIZED REPRESENTATIVE
WG 99 00 56
(Ed. 04/14)

Professional Liability and Pollution Incident Liability Insurance
CNA Policyholder Notice
POLIGYHOLDER NOTICE NOTIFICATION OF GANGELUATION TO CERTIFICATE HOLDERS
NOTIFICATION OF CANCELLATION TO CERTIFICATE HOLDERS
e Inthe event this Policy is cancelled prior to its expiration date, for any reason other than non
payment of premium, the Insurer shall provide to the broker of record, a blank schedule to be
completed by the Insured or such broker, with the names and email addresses of any and all
certificate holders to whom the Insured requests the Insurer provide notification of such cancellation
("notification"). Such schedule must be completed and returned to the Insurer within 5 business
days of the broker's receipt. Upon the Insurer's receipt of the completed schedule, the Insurer shall
endeavor to provide notification to those entities set out in such schedule. If the schedule is not
returned to the Insurer within 5 business days the Insurer will not provide notification. The Insurer
will assume that the schedule provided to the Insurer by the Insured or the broker is a complete and
accurate list of certificate holders. Only those persons or entities listed on the schedule will receive
notification. The Insurer will keep no other record of any certificate holders in the Insurer's file.
e There will be no schedule provided and, consequently, no notification provided, if such cancellation
is for non payment of premium.
e Any notification by the Insurer to any party that is not the first Named Insured on the Policy is
intended as a courtesy only. The Insurer’s failure to provide such notification will not extend the
Policy cancellation date, or negate cancellation of the Policy or be cause for legal action against the
Insurer.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA79045XxX (09-2014) Policy No: AEHO08215011
Endorsement Effective Date: 04/01/2016 Policy Effective Date: 04/01/2016
Endorsement No:16; Page 1 of 1 Policy Page: 29 of 49
Underwriting Company: Continental Casualty Company
333 S. Wabash Ave., Chicago IL 60604
© Copyright CNA All Rights Reserved.