2026-4-15_ - PC 2104 -2026-016_ONCALL_PROFESSIONAL_ENGINEERING_AND_DESIGN_SERVICES_BN_PEND_SIGN_3.14.2026.PDF
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ON-CALL PROFESSIONAL ENGINEERING AND DESIGN SERVICES
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
BURGESS & NIPLE, INC.
CONTRACT NO. 2026-016
Agenda No. C-64-
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ON-CALL PROFESSIONAL ENGINEERING AND DESIGN SERVICES
CONTRACT NO. 2026-016
TABLE OF CONTENTS
Contents
SECTION 1 - SERVICES OF THE CONSULTANT ....................................................................................... 2
SECTION 2 - WORK ASSIGNMENTS AND PERIOD OF SERVICE ............................................................. 2
SECTION 3 - PAYMENTS TO THE CONSULTANT ...................................................................................... 3
SECTION 4 - THE COUNTY’S RESPONSIBILITIES .................................................................................... 4
SECTION 5 - ALTERATION IN SCOPE OF WORK ...................................................................................... 4
SECTION 6 - RECORDS ............................................................................................................................... 4
SECTION 7 - WORK ASSIGNMENT COMPLETION .................................................................................... 5
SECTION 8 - TERMINATION ........................................................................................................................ 5
SECTION 9 - OWNERSHIP OF DOCUMENTS ............................................................................................. 5
SECTION 10 - COMPLIANCE WITH LAWS .................................................................................................. 6
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: ....................................................... 6
SECTION 11 - GENERAL CONSIDERATIONS ............................................................................................ 7
SECTION 12 - SUCCESSORS AND ASSIGNS ............................................................................................ 9
SECTION 13 - NO KICK-BACK CERTIFICATION ......................................................................................... 9
SECTION 14 - ANTI-DISCRIMINATION PROVISION ................................................................................... 9
SECTION 15 - FORCED LABOR .................................................................................................................. 9
SECTION 16 - INDEMNIFICATION ............................................................................................................. 10
SECTION 17 - INSURANCE REQUIREMENTS .......................................................................................... 10
CERTIFICATES OF INSURANCE ........................................................................................................... 12
CANCELLATION AND EXPIRATION NOTICE........................................................................................ 12
SECTION 18 - INFLUENCE ........................................................................................................................ 12
SECTION 19 - TITLE VI .............................................................................................................................. 13
SECTION 20 - PERFORMANCE EVALUATIONS ....................................................................................... 13
SECTION 21 - FORCE MAJEURE .............................................................................................................. 13
SECTION 22 - COMPLIANCE WITH WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) …… .…14
SIGNATURE PAGE ..................................................................................................................................... 15
ATTACHMENTS
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – CONSULTANT’S FEE SCHEDULE
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CONTRACT NO. 2026-016
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, Inc., hereinafter called “CONSULTANT”, with its principal offices located at 1230
West Washington Street Suite 511Tempe, Arizona, 85288, Telephone Number: 480.580.4333 is
desirous of performing said services;
THEREFORE, the parties hereto mutually agree as follows:
SECTION 1 - SERVICES OF THE CONSULTANT
The CONSULTANT, under the general supervision of the COUNTY Engineering 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 Engineering 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 Branch 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 2 - 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.
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Contract performance will be for a period of one thousand and ninety-five (1095) calendar days from the
Notice to Proceed date and may be renewed, if mutually agreed to by both the CONSULTANT and the
COUNTY, for two (2) additional 1 year period(s) or the expenditure of three million dollars
($3,000,000.00), whichever occurs first.
SECTION 3 - PAYMENTS TO THE CONSULTANT
The CONSULTANT shall be paid a fee not-to-exceed three million dollars ($3,000,000.00) 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
subconsultants. All backup documentation shall include copies of any subconsultants 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.
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SECTION 4 - 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:
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 5 - 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 6 - 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.
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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 7 - 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.
SECTION 8 - 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 right 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 III, PAYMENTS TO THE CONSULTANT.
SECTION 9 - 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
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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, subconsultant(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 10 - 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
I-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 subconsultants, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. §23-214, subsection A; After December 31, 2007, every employer,
after hiring an employee, shall verify the employment eligibility of the employee through the
e-verify program and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer.
(2)
That a breach of a warranty under subsection 1 above, shall be deemed a material breach
of the contract that is subject to penalties up to and including termination of the contracts.
(3)
That the contracting government entity retains the legal right to inspect the papers of any
CONSULTANT or subconsultant employee who works on the contract to ensure that the
CONSULTANT or subconsultant 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 subconsultant 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:
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(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
(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 11 - GENERAL CONSIDERATIONS
A.
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.
B.
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.
C.
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.
D.
If the COUNTY determines that the CONSULTANT had made any errors and/or omissions (E&O) in
the work product delivered to the COUNTY under the terms of this Contract, the CONSULTANT
shall make all necessary revisions or corrections resulting from E&O without additional cost to the
COUNTY. Errors and Omissions is defined as a deviation from the standard of care on the part of a
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design engineering consultant in the performance of architectural and/or engineering services under
this Contract. The COUNTY shall actively pursue the resolution of E&O’s at the lowest possible level
within a reasonable timeframe in accordance with the most current version of MCDOT’s Errors and
Omissions
by
Design
Consultants
on
Projects
Procedure
No.
P5305
(https://www.maricopa.gov/DocumentCenter/View/69060/New-Procedure-P5305-Errors-and-
Omissions-by-Design-Consultants-on-Projects).
E.
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.
F.
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.
G.
The CONSULTANT agrees that it, its principals, employees, subconsultants, 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.
H.
The CONSULTANT agrees that it, its principals, employees, subconsultants, 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.
I.
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, subconsultants, agents or assigns, of the provisions of F., G., and H. 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.
J.
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. III, Erosion Control.
L.
Written Certification Pursuant to A.R.S. § 35-393.01. If CONSULTANT engages in for-profit activity
and has 10 or more employees, and if this Agreement has a value of $100,000 or more,
CONSULTANT certifies it is not currently engaged in, and agrees for the duration of this
Agreement to not engage in, a boycott of goods or services from Israel. This certification does not
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apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. §
4842.
SECTION 12 - 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 13 - 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 14 - 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
employment practices. The CONSULTANT further agrees to insert the foregoing provisions in all
subcontracts hereunder.
SECTION 15 - FORCED LABOR
By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation,
CONSULTANT agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394.
Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions.
CONSULTANT certifies that it does not currently, and agrees for the duration of the contract, that it will not
use:
A.
The forced labor of ethnic Uyghurs in the People’s Republic of China.
B.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China.
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C.
Any CONSULTANT, subconsultant or suppliers that use the forced labor or any good or services
produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
D.
If CONSULTANT becomes aware during the term of the agreement that CONSULTANT is not in
compliance with this paragraph, the CONSULTANT shall notify the COUNTY within five business
days after becoming aware of the noncompliance. If the CONSULTANT fails to provide a written
certification to the COUNTY that the CONSULTANT has remedied the noncompliance within 180
days after notifying the COUNTY of its noncompliance, then the agreement terminates, except that
if the agreement termination date occurs before the end of the 180-day period, the agreement
terminates on the agreement termination date.
SECTION 16 - 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 17 - INSURANCE REQUIREMENTS
CONSULTANT, at CONSULTANT'S own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a
current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of COUNTY. The form of any insurance policies
and forms must be acceptable to COUNTY.
All insurance required herein shall be maintained in full force and effect until all work or service required to
be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to
do so may, at the sole discretion of COUNTY, constitute a material breach of this Contract.
CONSULTANT’S insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an
insurance policy warranty shall not affect the COUNTY’S right to coverage afforded under the insurance
policies.
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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 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, $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.
(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
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Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance
obtained by CONSULTANT pursuant to this agreement.
(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.
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 18 - 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.
If 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.
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SECTION 19 - 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 20 - 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.
SECTION 21 - FORCE MAJEURE
Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of
any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such
delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without
negligence of the parties. Such events, occurrences, or causes will include acts of God/nature (including
fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage,
embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service.
Each party, as applicable, shall give the other party notice of its inability to perform and particulars in
reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and
remove, as soon as practicable, the cause of its inability to perform or comply.
The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that
reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-
excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood
or actual occurrence which would justify such an assertion, so that other prudent precautions could be
contemplated.
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SECTION 22 - COMPLIANCE WITH WEB CONTENT ACCESSIBILITY GUIDELINES
(WCAG)
Consultant agrees and warrants that all of its web content services and products and all of its mobile apps
services and products, covered under this contract, and in all languages provided, comply with Level A and
Level AA success criteria and conformance requirements specified in the Web Content Accessibility
Guidelines (WCAG) 2.1(AA) or will be modified to be compliant prior to delivery or installation to County.
Consultant further agrees and warrants that all web content services and products and all mobile apps
services and products, in all languages provided, shall remain in full compliance with the above WCAG
success criteria and conformance requirements during the term of the contract. Consultant agrees to
immediately notify County in the event it becomes aware that any web content services and products or any
mobile apps services and products provided under this Contract become non-compliant with the above
WCAG success criteria and conformance requirements, if applicable. In such an event, Consultant agrees it
will work to remediate any identified compliance deficiencies and will notify County concerning the estimated
remediation completion date. Upon request, Consultant shall provide County with documentation, including
but not limited to a third-party assessment certificate, substantiating compliance of the services or products
with the above WCAG success criteria and conformance requirements and any other applicable
governmental regulations regarding accessibility. Non-compliance with the above WCAG success criteria
and conformance requirements will be deemed a material breach of the contract and the County may
immediately terminate the contract or impose other legal remedies at the County’s discretion, including
suspension of services and/or products. The County reserves the right to audit Contractor’s compliance with
the above WCAG success criteria and conformance requirements. The Consultant will indemnify, defend,
and hold harmless the County against any third-party claims arising from the Consultant’s non-compliance
with the above WCAG success criteria and conformance requirements.
(END OF SECTION)
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Contract No. 2026-016
Page 15
IN WITNESS WHEREOF, the parties herein have executed this contract.
Burgess & Niple, Inc.
Consultant’s Firm Name
By
Principal of the Firm
Printed Name
Title
Date
Tax Identification Number
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
RECOMMENDED BY
By
Jesse Gutierrez, P.E.
Date
Transportation 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 Attorney
Date
ACCEPTED AND APPROVED
By
Chairman, Board of Supervisors
Date
ATTEST
By
Clerk of the Board
Date
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Edwin Muccillo
March 17, 2026
3/17/2026
Chairman
3/17/2026
3/18/2026
Chair, Board of Supervisors
CONTRACT NO. 2026-016
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
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Contract No. 2026-016
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 Address
Type of Work Performed
$ Pd to SBE this App/Inv
$
$
$
$
$
$
$
$
$
$
□ 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
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Contract No. 2026-016
CERTIFICATE OF PERFORMANCE
ON CALL CONTRACT 2026-016
The Maricopa County Department of Transportation accepts the completed work by Burgess &
Niple, Inc. or its subconsultants in connection with the scope of work described in Contract No. 2026-
016 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. 2026-016
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, Inc.. for Contract No. 2026-016 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,
Inc.. mutually acknowledge completion and termination of Contract No. 2026-016.
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:
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE
EXPIRATION
DATE
THEREOF,
NOTICE
WILL
BE
DELIVERED
IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE
HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY
$
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2025/12)
© 1988-2025 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Willis Towers Watson Northeast, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
Burgess & Niple, Inc.
330 Rush Alley
Suite 700
Columbus, OH 43215
20260216
The Umbrella/Excess policy does not sit excess over Professional Liability coverage.
Re: Contract 2026-016 On-Call Professional Engineering & Design Services, Maricopa County Department of
Transportation, Maricopa County, their agents, representatives, officers, Directors, Officials, and employees are
Maricopa County Department of Transportation
Contracts Branch
2901 West Durango Street
Phoenix, AZ 85009-6357 United States
Page 1 of 2
02/16/2026
WTW Certificate Center
1-877-945-7378
1-888-467-2378
certificates@wtwco.com
National Union Fire Ins Co of Pittsburgh
Travelers Property Casualty Company of Ame
New Hampshire Insurance Company
Continental Casualty Company
19445
25674
23841
20443
W43968998
2,000,000
1,000,000
25,000
2,000,000
4,000,000
4,000,000
2,000,000
Y
Y
GL 5268138
04/01/2025 04/01/2026
04/01/2026
04/01/2025
Y
Y
CA 4489627
A
A
B
C
D
0
Y
No
Professional Liability
Y
CUP-0Y888377-25-NF
04/01/2025
WC 072113284
Y
04/01/2025
AEH008215011
04/01/2025
04/01/2026
04/01/2026
Each Claim:
04/01/2026
Aggregate:
Deductible
$500,000
$10,000,000
$10,000,000
15,000,000
15,000,000
1,000,000
1,000,000
1,000,000
4326141
29422505
SR ID:
BATCH:
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER:
FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER
NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
Burgess & Niple, Inc.
330 Rush Alley
Suite 700
Columbus, OH 43215
included as Additional Insureds as respects to General Liability, Auto Liability and Umbrella/Excess Liability when
required by written contract.
General Liability, Auto Liability and Umbrella/Excess Liability policies 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,
Umbrella/Excess Liability and Workers Compensation when required by written contract and permitted by law.
2
2
Willis Towers Watson Northeast, Inc.
See Page 1
See Page 1
See Page 1
See Page 1
25
Certificate of Liability Insurance
W43968998
CERT:
4326141
BATCH:
29422505
SR ID:
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
ON CALL CONSULTANT PAYMENT REQUEST
Submit Payment Request to:
Maricopa County Department of Transportation | Attn: Finance Division
2901 West Durango Street | Phoenix, AZ 85009-6357
mcdotfinance@mail.maricopa.gov
Consultant's Name:
Date:
Consultant's Address:
Project Number:
PO #
Project Name:
Contract #:
Work Assignment #:
MCDOT Project Mgr:
Payment Request #:
Payment Request Time Period:
To
A.
CONSULTANT'S CONTRACT INFORMATION
1.
Maximum Contract Amount
$
2.
Prior Contract Work Assignments
$
3.
Work Assignment No.
$
4.
Total Remaining Contract Amount
$
B.
CONSULTANT'S NTE FEE, THIS CONTRACT WORK ASSIGNMENT
1.
Not to Exceed Fee for this Contract Work Assignment
$
2.
Total Change Order Amount
$
3.
Current Contract Work Assignment Amount
$
4.
Requested Payments:
1.
$
5.
$
9.
$
2.
$
6.
$
10.
$
3.
$
7.
$
11.
$
4.
$
8.
$
12.
$
5.
Total Fee Earned To Date for this Contract Work Assignment
$
6.
Percent Total of Work Assignment Completed
C.
PAYMENT REQUEST INFORMATION
1.
Less Prior Payments for this Contract Work Assignment
$
2.
Total Payment Request (Attach Backup Documentation AND Confirm
Totals Match)
$
A Progress Report, Expenditure Forecast, SBE Participation Report, and backup documentation must accompany this payment request.
A Certificate of Performance is required for final payment.
SUBMITTED BY:
DATE:
Consultant
PMT. REQUEST VERIFICATION:
DATE:
MCDOT Project Manager
REVIEWED BY:
DATE:
MCDOT Branch Manager
APPROVAL:
DATE:
MCDOT Division Manager
0.00
0.00
0.00
53%
0.00
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Maricopa County Department of Transportation
Title VI Assurances
The Maricopa County Department of Transportation (herein referred to as the “Recipient”), HEREBY
AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of
Transportation (DOT), through Federal Highway Administration and Arizona Department of Transportation,
is subject to and will comply with the following:
Statutory/Regulatory Authorities
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
•
49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
•
28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,”
respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda
and/or guidance, the Recipient hereby gives assurances that it will promptly take any measures necessary to
ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity,” for which the Recipient receives Federal financial assistance from DOT,
including the Federal Highway Administration.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI
and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-
discrimination statutes and requirements to include all programs and activities of the Recipient, so long as
any portion of the program is Federally assisted.
Docusign Envelope ID: 7414DE3C-D59B-48D7-9CCB-AF9DB3778374
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the
following Assurances with respect to its Federal Aid Highway Program.
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and
21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or will be (with regard to
a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all
requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work, or material subject to the Acts and the Regulations made in connection with all
Federal Aid Highway Program and, in adapted form, in all proposals for negotiated agreements
regardless of funding source:
“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 to 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.”
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or
agreement subject to the Acts and the Regulations.
4.
The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with
the land, in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility or part of a
facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of
real property or an interest in real property, the Assurance will extend to rights to space on, over, or
under such property.
7. 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:
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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.
8. 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
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the
Secretary of Transportation or the official whom he/she delegates specific authority to give
reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or pursuant to the
Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, Maricopa County Department of Transportation also agrees to comply (and
require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply)
with all applicable provisions governing Federal Highway Administration or Arizona Department of
Transportation access to records, accounts, documents, information, facilities, and staff. You also recognize
that you must comply with any program or compliance reviews, and/or complaint investigations conducted
by the Federal Highway Administration or Arizona Department of Transportation. You must keep records,
reports, and submit the material for review upon request to Federal Highway Administration, Arizona
Department of Transportation, or its designee in timely, complete, and accurate way. Additionally, you must
comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or
detailed in program guidance.
Docusign Envelope ID: 7414DE3C-D59B-48D7-9CCB-AF9DB3778374
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Maricopa County Department of Transportation gives this ASSURANCE in consideration of and for
obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid
and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the Federal Highway Administration and Arizona Department of Transportation. This
ASSURANCE is binding on Arizona, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors and their subcontractors, transferees, successors in interest, and any other participants in the
Federal Aid Highway Program The person(s) signing below is authorized to sign this ASSURANCE on
behalf of the Recipient.
Maricopa County Department of Transportation
(Name of Recipient)
by _____________________________________________ DATED ________________________
(Signature of Authorized Official)
Attachments
Appendices A, B, C, D, E
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APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the “contractor”) agrees as follows:
1.
Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Federal Highway Administration or the Arizona Department of
Transportation, as they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
2.
Nondiscrimination: The contractor, with regard to the work performance by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,
including employment practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR Part 21.
3.
Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under
this contract and the Acts and Regulations relative to Non-discrimination on the grounds of race, color, or
national origin.
4.
Information and Reports: The contractor will provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Recipient, the
Federal Highway Administration or Arizona Department of Transportation to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will
so certify to the Recipient, the Federal Highway Administration, or Arizona Department of
Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.
5.
Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration or Arizona Department of Transportation, may determine to be appropriate, including, but
not limited to:
a.
withholding payments to the contractor under the contract until the contractor complies;
and/or
b.
cancelling, terminating, or suspending a contract, in whole or in part.
6.
Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect
to any subcontract or procurement as the Recipient, the Federal Highway Administration, or Arizona
Department of Transportation may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a
subcontractor or supplier because of such direction, the contractor may request the Recipient to enter into
any litigation to protect the interests of the Recipient. In addition, the contractor may request the United
States to enter into the litigation to protect the interests of the United States.
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APPENDIX B: CLAUSES FOR DEEDS TRANSFERRING UNITED
STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4.
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that
Maricopa County Department of Transportation will accept title to the lands and maintain the project constructed
thereon in accordance with Title 23, United States Code the Regulations for the Administration of Federal Aid for
Highways, and the policies and procedures prescribed by the Arizona Department of Transportation, Federal
Highway Administration and the U.S. Department of Transportation in accordance and in compliance with all
requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252;42 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Maricopa
County Department of Transportation all the right, title and interest of the U.S. Department of Transportation in
and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Maricopa County Department of Transportation
and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein
contained as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits and will be binding on the Maricopa County Department of
Transportation, its successors and assigns.
The Maricopa County Department of Transportation, in consideration of the conveyance of said lands and
interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors
and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed [.] [and]* (2) that the Maricopa County
Department of Transportation will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-
assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations and Acts may be amended, [and (3) that in the event of breach of any of the above-
mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and
facilities on said land, and that above described land and facilities will thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this
instruction].*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to make clear the purpose of Title VI.
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APPENDIX C: CLAUSES FOR TRANSFER OF REAL PROPERTY
ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR
PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Maricopa County Department of Transportation pursuant to the provisions of Assurance
7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department
of Transportation activity, facility, or program is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities,
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to
terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities
thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to
enter or re-enter the lands and facilities thereon, and the above described lands and facilities will
there upon revert to and vest in and become the absolute property of the Maricopa County
Department of Transportation and its assigns*.
*Reverter clause and related language to be used only when it is determined that such a clause is necessary to
make clear the purpose of Title VI.
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APPENDIX D: CLAUSES FOR CONSTRUCTION/USE/ACCESS TO
REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR
PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by Maricopa County Department of Transportation pursuant to the provisions of
Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that
(1) no person on the ground of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that
in the construction of any improvements on, over, or under such land, and the furnishing of services
thereon, no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee etc.) will use the premises in compliance with all other
requirements imposed by or pursuant to the Acts and Regulations, as amended set forth in this
Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to
terminate the (license, permit, etc., as appropriate) and to enter or re-enter or re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate)
had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
Maricopa County Department of Transportation will there upon revert to and vest in and become the
absolute property of Maricopa County Department of Transportation and its assigns.*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary
in order to make clear the purpose of Title VI.
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APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin): and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or
activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded
or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1687 et seq).
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EXHIBIT A
SCOPE OF WORK
CONTRACT NO. 2026-016
ON CALL
PROFESSIONAL ENGINEERING AND DESIGN
SERVICES
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Exhibit A
Page 1 of 5
MCDOT
EXHIBIT A
GENERAL SCOPE OF WORK
ON-CALL PROFESSIONAL ENGINEERING & DESIGN SERVICES
1
GENERAL
1.1
CONSULTANT shall maintain a safety program for its employees and the
employees of subcontractors and/or sub consultants on the jobsite(s), if
applicable. CONSULTANT'S safety program shall comply with all
applicable local, state, and federal laws, rules, regulations, and mandates
for the health and safety of its employees and that of its subcontractors
and/or sub consultants at the jobsite(s).
2
ASSIGNMENT CRITERIA
The CONSULTANT shall be responsible for the design work and preparation of
documents outlined in the ASSIGNMENT. The CONSULTANT will follow the
current version of the Maricopa County Department of Transportation (MCDOT)
Project Development Manual (PDM) and shall perform all work in accordance with
the most current policies and procedures, unless otherwise directed. The
CONSULTANT shall review all materials pertaining to its scope to gain an
understanding and to identify controls, prior agreements, etc. that may affect
subsequent development activities.
After written authorization to proceed by means of an ASSIGNMENT,
CONSULTANT shall provide all necessary labor, supervision, and materials to
perform the work described in the individual ASSIGNMENT, including:
2.1
Provide a Project Manager (PM), responsible for coordinating with the
MCDOT PM and managing the ASSIGNMENT scope of work and serving
as the main contact for all project design related questions, activities, and
issues. The PM shall be responsible for the successful and timely design
and services of all features required.
2.2
Consultant Project Management Services acts as an extension to MCDOT
staff. The Consultant PM will follow the guidelines in the PDM and will be
responsible for the initiation, planning, execution, controlling, and
completing the scoping and/or final design phase including post design
services of a project.
2.3
Provide real estate property engineering services as outlined in the scope of
work of each ASSIGNMENT. Services may include, but are not limited to:
2.3.1 Preparation of a CAD file showing the origins and dimensions of the
existing right-of-way (base map) using guidelines to be provided by
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Exhibit A
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MCDOT
the Maricopa County Real Estate Department (MCRED), property
engineering team. The CAD file is created through research of
ownership deeds, plats, and roadway survey data to locate existing
property lines. Coordination with MCRED’s Property Engineering
team for right-of-way verification.
2.3.2 Preparation of right-of-way plans (strip map), which is a CAD file
created by adding depictions and dimensions of the proposed new
fee simple, perpetual easement, and temporary easement acquisition
areas to base map. The strip map shall be prepared using MCRED
guidelines and shall, at a minimum, include tables setting forth the
ownership of each parcel and property sizes before and after the
proposed acquisitions.
2.3.3 Review of title reports and update the right-of-way base map and
project design as appropriate.
2.3.4 Preparation of individual legal descriptions and an associated 8.5” x
11” CAD exhibit using MCRED guidelines for right-of-way (fee simple
estate and easement) that must be acquired to construct a project.
2.3.5 Preparation of dimensioned aerial exhibits and/or individual legal
descriptions and an associated 8.5” x 11” CAD exhibit using MCRED
guidelines for temporary construction easement(s) that must be
acquired to construct a project.
2.3.6 Review of title documents and preparation of a CAD file depicting the
land rights granted in said documents in support of utility prior rights
analyses.
2.3.7 Preparation of a myriad of aerial exhibits in support of project
stakeholder requests and/or right-of-way acquisition efforts.
2.3.8 Perform field survey tasks to locate existing improvements, as well as
monuments and other survey control coordinates, in support of
project stakeholder requests and/or right-of-way acquisition efforts.
2.4
Provide professional roadway engineering services (Geometric, Drainage,
Irrigation, Structural, Geotechnical & Pavement Design, Surveying &
Mapping, Traffic analysis and design & ITS, etc.), and technical support
services (Environmental, Right-of-Way, Utilities, Public Relations, etc.) as
outlined in scope of work of each ASSIGNMENT. Key tasks may include
but not be limited to the following:
2.4.1 Preparation of Scoping Study documents and plans including but not
limited to;
2.4.1.1
Alternatives analysis and exhibits ;
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MCDOT
2.4.1.2
Design exceptions;
2.4.1.3
Cost estimates and quantity takeoffs;
2.4.1.4
Geotechnical and Pavement design analysis and reports;
2.4.1.5
Traffic analysis and reports;
2.4.1.6
Technical Memorandums;
2.4.1.7
Existing roadway features analysis;
2.4.1.8
Drainage analysis and reports;
2.4.1.9
Right-of-way impacts;
2.4.1.10
Utility
right-of-way
requirements,
conflicts
and
coordination;
2.4.1.11
Environmental analysis and reports;
2.4.1.12
Public outreach exhibits and material;
2.4.1.13
Support during public meetings
2.4.1.14
Final design and construction schedule;
2.4.1.15
Scoping design plans including typical roadway sections,
geometry, drainage features, utilities, intersection layouts,
and right-of-way requirements; and Cross-sections
2.4.1.16
Coordination with development within the project area;
2.4.1.17
Constructibility review and phasing
2.4.2
Preparation of Final Design and Construction documents and plans
including but not limited to;
2.4.2.1
Updates and preparation of Technical Memorandum ,
including utilities, environmental, and right-of-way;
2.4.2.2
Design Plans, Specifications, and Construction Cost
Estimate in preparation of advertisement for the
construction of the projects,
2.4.2.3
Earthwork reports and plan sheets;
2.4.2.4
Construction schedules;
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MCDOT
2.4.2.5
Quantities, cost estimates and bidding schedules;
2.4.2.6
Public outreach exhibits and material;
2.4.2.7
Support during public meetings
2.4.2.8
Utility coordination and relocation design;
2.4.2.9
Right-of-way strip maps and right -of-way tracking sheet;
2.4.2.10
Engineering
calculations
and
plans for
roadways,
drainage, traffic, structures, and intersection details.
2.4.2.11
2.4.3
Providing post design services.
2.5
Preparation of final design and construction documents for structural
elements including but not limited to:
2.5.1
Box culverts;
2.5.2
Head walls;
2.5.3
Retaining walls;
2.5.4
Irrigation and storm drain manholes and junction structures;
2.5.5
Bridges, new, rehabilitation, widening, strengthening, preventative
maintenance;
2.5.6
Special culvert structures, arches, three-sided box culverts; and
2.5.7
Scour and erosion protection analysis and prepare reports.
2.6
Performance of other miscellaneous professional services such as Value
Engineering, Economic Analysis, Project Programming & Planning, etc.
3
PERFORMANCE PERIOD
CONSULTANT shall perform the work specified in the individual ASSIGNMENT in
accordance with the schedule outlined in the ASSIGNMENT. Civil engineering
work requested under this contract shall be completed under the responsibility of
a civil engineer registered in the State of Arizona. All work submitted shall be
sealed and contain the original signature of the responsible registered civil
engineer. An electronic copy shall be provided to MCDOT and shall be in a
format acceptable to MCDOT.
4
CONTRACT ADMINISTRATION
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MCDOT
4.1
Contract Plan Execution: CONSULTANT shall coordinate and direct the
various technical and organizational interfaces that exist in the contract.
CONSULTANT shall exercise effective skills in leadership, communications
and negotiation. CONSULTANT shall employ a competent team with the
appropriate skills and knowledge to work on the contract deliverables.
CONSULTANT shall utilize a work authorization system to ensure that work
is done at the right time in the proper sequence.
4.2
Progress Reporting: CONSULTANT shall regularly (at least monthly)
schedule an internal contract status review meeting to exchange information
and review progress. CONSULTANT shall prepare and distribute the
progress reports to the MCDOT PM.
4.3
Quality Control: CONSULTANT shall conduct a detailed review of all
contract deliverables by an independent third-party internal or external
expert, prior to submittal to the COUNTY. CONSULTANT shall maintain
control charts to monitor scope changes, errors and defects in deliverables,
schedule and cost variances, in order to initiate a corrective action or a
quality improvement task. CONSULTANT shall prepare and utilize COUNTY
approved checklists for all contract deliverables.
4.4
Change Control: CONSULTANT is to ensure that contract changes are
properly identified, described, tracked, approved and executed. Change
requests may include any modifications to the terms of the contract that
influences the scope, schedule, resources, cost, and quality of contract
deliverables. Change requests shall be communicated to the MCDOT PM in
a timely manner and prior to performing the work.
4.5
Payment: Payments to the CONSULTANT are handled by the COUNTY
Financial Services-Accounts Payable System. Payment requests will be
subject to various reviews and approvals. CONSULTANT shall verify and
submit all supporting invoices and billings along with fully completed and
signed payment requests on a monthly basis.
4.6
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.
(END OF SCOPE OF WORK)
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EXHIBIT B
CONSULTANT’S FEE PROPOSAL
CONTRACT NO. 2026-016
ON CALL
PROFESSIONAL ENGINEERING AND DESIGN
SERVICES
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Contract No. 2026-016
FEE SCHEDULE
CONTRACT NO. _2026-016____
ON CALL PROFESSIONAL ENGINEERING AND DESIGN SERVICES
The following is a format for the fee schedule. Please add more applicable job classifications, direct
expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a
Fee Schedule.
COMPANY NAME: BURGESS & NIPLE, INC.
DATE:
FEBRUARY 20, 2026
PROFESSIONAL
DIRECT LABOR HOURLY RATE
Project Principal
$110.75
Project Manager
$88.88
Senior Engineer
$94.25
Engineer V
$73.54
Engineer IV
$68.88
Engineer III
$54.71
Engineer II
$48.32
Engineer I
$41.13
Designer
$38.63
Intern
$25.75
Contract Administrator
$45.75
DIRECT AND OUTSIDE EXPENSES
•
With prior approval from the Maricopa County Department of Transportation, all additional direct and
outside expenses will be reimbursed at cost.
UNIT COST
Mileage
$0.725
SUBCONSULTANT – Subconsultants must also submit a Fee Schedule.
List Firm Names of all Subconsultants here.
Cobb, Fendley & Associates, Inc.
Ethos Engineering, LLC
Field Data Services of Arizona Inc. (vendor for counts – no hourly rates to be provided)
Infrastructure Mavens, LLC
J2 Engineering & Environmental Design, LLC
Trace Consulting, LLC
Your Project Marketing & Outreach, LLC
OVERHEAD 188%
PROFIT 10%
•
Overhead and profit can only be paid on the straight time, not the overtime
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Contract No. 2026-016
Firm: Burgess & Niple, Inc.
Chris Lemka
Signature
Vice President
Title
February 20, 2026
Date
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Contract No. 2026-016
FEE SCHEDULE
CONTRACT NO. 2026-016
ON CALL PROFESSIONAL SERVICES
The following is a format for the fee schedule. Please add more applicable job classifications, direct
expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a
Fee Schedule.
COMPANY NAME: COBB, FENDLEY & ASSOCIATES, INC.
DATE: 2/16/2026
PROFESSIONAL
DIRECT LABOR HOURLY RATE
Project Manager
$57.25
Engineer
$74.48
SUE Technician
$31.33
Survey Technician
$33.42
Survey Party Chief
$34.59
Registered Land Surveyor
$62.75
CAD Technician
$44.74
Secretary/Clerical
$30.00
DIRECT AND OUTSIDE EXPENSES
•
With prior approval from the Maricopa County Department of Transportation, all additional direct and
outside expenses will be reimbursed at cost.
UNIT COST
Lodging
Night
$ 157.00
Meals
Day
$ 68.00
Mileage
Mile
$0.650
Phase I Above Ground Designating, Per Foot
Foot
$ 0.60
Phase I Mobilization, Per Mile
Mile
$ 11.50
Phase I Subsurface Utililty Designating, Per Foot
Foot
$ 1.25
Phase II Mobilization, Per Mile
Mile
$ 16.00
Phase II Pothole Elevation, Per Testhole
Each
$ 100.00
Pothole 6 Feet or Less, Pavement, Per Testhole
Each
$ 1,550.00
Pothole 6 Feet or Less, Non-Pavement, Per Testhole
Each
$ 1,150.00
Pothole Between 12 Feet and 20 Feet, Pavement, Per
Testhole
Each
$ 2,300.00
Pothole Between 12 Feet and 20 Feet, Non-Pavement, Per
Testhole
Each
$ 1,950.00
Pothole Between 6 Feet and 12 Feet, Pavement, Per
Testhole
Each
$ 1,750.00
Pothole Between 6 Feet and 12 Feet, Non-Pavement, Per
Testhole
Each
$ 1,250.00
Air/Vacuum Exploratory Excavation (2 Man Crew)
Hour
$ 359.00
Two Man UAV / Drone Crew w/ truck & equipment
Hour
$ 286.00
Ground Penetrating Radar: 1 Technician w/ equipment
Hour
$ 317.00
SUBCONSULTANT – Subconsultants must also submit a Fee Schedule.
List Firm Names of all Subconsultants here.
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Outside Services
Method of
Compensation
CPNF, LS, etc.
Unit Rate
Road Safe
Arrow board per day
Day
$ 34.50
Hi Level Flag Tree per day
Day
$ 1.15
Hi Level Flag Tree w/B Light per day
Day
$ 3.33
Large Sign Over 16 Feet per day
Day
$ 0.97
Light Tower per day
Day
$ 150.00
Message Board per day
Day
$ 95.00
Pedestrian Fence per day
Day
$ 2.88
Sign Stand per day
Day
$ 0.41
Sign Stand w/2 Flashers per day
Day
$ 0.93
Sign Stand w/Flasher per day
Day
$ 0.67
Small Sign 9 Ft per day
Day
$ 0.47
Spring Stands per day
Day
$ 2.13
Traffic Cone 28i per day
Day
$ 0.33
Type 1 or 2 per day
Day
$ 0.41
Type 1 or 2 w/Flasher per day
Day
$ 0.67
Type 1 or 2 w/Steady Burn per day
Day
$ 0.76
Type 3 per day
Day
$ 0.49
Type 3 w/2 Flashers per day
Day
$ 1.01
Type A w/Flasher per day
Day
$ 0.26
Type B w/Flasher (Hi Intenstity) per day
Day
$ 1.15
Type C Lights (Steady Burn) per day
Day
$ 0.35
Vertical Panel per day
Day
$ 0.33
Verticle Panel w/Flasher per day
Day
$ 0.59
Verticle Panel w/Steady Burn per day
Day
$ 0.68
Water Filled Barrier Wall per day
Day
$ 3.50
Traffic Control Plan
Each
$ 65.00
Shadow Truck
Hour
$ 68.50
ATSSA Certified Flag Man
Hour
$ 53.50
RoadSafe: 1 Man, 1 Truck
Hour
$ 68.50
RoadSafe: 2 Men, 1 Truck
Hour
$ 122.00
RoadSafe: 2 Men, 2 Trucks
Hour
$ 137.00
OVERHEAD 170.86%
PROFIT 10%
•
Overhead and profit can only be paid on the straight time, not the overtime
Firm
Signature
Title
Date
Cobb, Fendley & Associates, Inc. (CobbFendley)
Sr. Vice President
2/20/2026
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Contract No. 2026-016
FEE SCHEDULE
CONTRACT NO. 2026-016
ON CALL PROFESSIONAL ENG & DESIGN SERVICES
The following is a format for the fee schedule. Please add more applicable job classifications, direct
expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a
Fee Schedule.
COMPANY NAME: ETHOS ENGINEERING
DATE:
2/12/2026
PROFESSIONAL
DIRECT LABOR HOURLY RATE
Principal
N/A
Senior Project Manager
$106.00
Senior Project Engineer
$96.25
Project Engineer
$79.50
Engineer
$53.80
Designer
$37.50
CADD Technician
$31.50
Administrative
$31.50
DIRECT AND OUTSIDE EXPENSES
•
With prior approval from the Maricopa County Department of Transportation, all additional direct and
outside expenses will be reimbursed at cost.
UNIT COST
Mileage
$0.70
SUBCONSULTANT – Subconsultants must also submit a Fee Schedule.
List Firm Names of all Subconsultants here.
OVERHEAD 123.78 %
PROFIT 10%
•
Overhead and profit can only be paid on the straight time, not the overtime
Ethos Engineering LLC
Firm
Signature
President
Title
2/12/2026
Date
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Field Data Services fees will be submitted with each Work Assignment proposal for
MCDOT approval. As these services are billed as a direct cost per assignment (not
hourly), a standard fee schedule does not apply.
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
FEE SCHEDULE
CONTRACT NO. 202
ON CALL CONSTRUCTION ADMINISTRATION & INSPECTION SERVICES
The following is a format for the fee schedule. Please add more applicable job classifications, direct
expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a
Fee Schedule.
COMPANY NAME:
DATE:
PROFESSIONAL
DIRECT LABOR HOURLY RATE
DIRECT AND OUTSIDE EXPENSES
x
With prior approval from the Maricopa County Department of Transportation, all additional direct and
outside expenses will be reimbursed at cost.
UNIT COST
OVERHEAD
PROFIT
x
Overhead and profit can only be paid on the straight time, not the overtime
Firm
Signature
Title
Date
Contract No. 202
68%&2168/7$17±6XEFRQVXOWDQWVPXVWDOVRVXEPLWD)HH6FKHGXOH
/LVW)LUP1DPHVRIDOO6XEFRQVXOWDQWVKHUH
3KRWR&RSLHV
0LOHDJH
J2 Engineering and Environmental Design, LLC
2/16/2026
J2 Engineering and Environmental Design, LLC
Vice President, RLA
90.00
80.00
58.75
48.57
38.00
38.31
130%
10%
Project Manager Sr.
Project Engineer Sr.
Project Engineer
Designer Sr.
Arborist
Designer
82.17
Registered Landscape Architect Sr.
55.80
Registered Landscape Architect
35.25
Administrative
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Contract No. 2026-016
FEE SCHEDULE
CONTRACT NO. 2026-016
ON CALL PROFESSIONAL ENGINEERING AND DESIGN SERVICES
The following is a format for the fee schedule. Please add more applicable job classifications, direct
expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a
Fee Schedule.
COMPANY NAME: TRACE CONSULTING, LLC DATE:
02/16/2026
Subconsultant to Burgess & Niple
PROFESSIONAL
DIRECT LABOR HOURLY RATE
Sr. Registered Land Surveyor
$55.00
Registered Land Surveyor
$39.00
Survey Technician
$33.00
Designer/Office Survey
$40.00
DIRECT AND OUTSIDE EXPENSES
With prior approval from the Maricopa County Department of Transportation, all additional direct and
outside expenses will be reimbursed at cost.
UNIT COST
Mileage
$0.70 per mile
SUBCONSULTANT – Subconsultants must also submit a Fee Schedule.
TRACE Consulting, LLC will not use any lower tier subconsultants.
OVERHEAD 151.87%
PROFIT 10%
Overhead and profit can only be paid on the straight time, not the overtime
Firm: TRACE Consulting, LLC
Signature
Principal
Title
02/16/2026
Date
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD
Docusign Envelope ID: 2D700EE7-93A8-4F59-8080-DD2F3054A9AD