1._2022-052_QT_FOR_APPROVAL_BINDER2.PDF
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ON-CALL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES BETWEEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION AND QUALITY TESTING, LLC (QT) CONTRACT NO. 2022-052 Agenda No. C-64-Enter Agenda # DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 ON-CALL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES CONTRACT NO. 2022-052 TABLE OF CONTENTS Contents SECTION 1 - SERVICES OF THE CONSULTANT ....................................................................................... 1 SECTION 2 - WORK ASSIGNMENTS AND PERIOD OF SERVICE ............................................................. 1 SECTION 3 - PAYMENTS TO THE CONSULTANT ...................................................................................... 2 SECTION 4 - THE COUNTY’S RESPONSIBILITIES .................................................................................... 3 SECTION 5 - ALTERATION IN SCOPE OF WORK ...................................................................................... 3 SECTION 6 - RECORDS ............................................................................................................................... 3 SECTION 7 - WORK ASSIGNMENT COMPLETION .................................................................................... 4 SECTION 8 - TERMINATION ........................................................................................................................ 4 SECTION 9 - OWNERSHIP OF DOCUMENTS ............................................................................................. 4 SECTION 10 - COMPLIANCE WITH LAWS .................................................................................................. 5 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: ....................................................... 5 SECTION 11 - GENERAL CONSIDERATIONS ............................................................................................ 6 SECTION 12 - SUCCESSORS AND ASSIGNS ............................................................................................ 8 SECTION 13 - NO KICK-BACK CERTIFICATION ......................................................................................... 8 SECTION 14 - ANTI-DISCRIMINATION PROVISION ................................................................................... 8 SECTION 15 - INDEMNIFICATION ............................................................................................................... 8 SECTION 16 - INSURANCE REQUIREMENTS ............................................................................................ 9 CERTIFICATES OF INSURANCE ........................................................................................................... 10 CANCELLATION AND EXPIRATION NOTICE........................................................................................ 11 SECTION 17 - INFLUENCE ........................................................................................................................ 11 SECTION 18 - TITLE VI .............................................................................................................................. 11 SECTION 19 - PERFORMANCE EVALUATIONS ....................................................................................... 11 SECTION 20 - FORCE MAJEURE .............................................................................................................. 11 SIGNATURE PAGE ..................................................................................................................................... 13 ATTACHMENTS EXHIBIT A – SCOPE OF WORK EXHIBIT B – CONSULTANT’S FEE SCHEDULE DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 1 CONTRACT NO. 2022-052 ON-CALL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES Pursuant to the provisions of the Arizona Revised Statutes § 11-201 the Board of Supervisors has the authority to enter into contracts. The Maricopa COUNTY Department of Transportation, hereinafter called the “COUNTY”, is desirous of having ON-CALL CONSTRUCTION ADMINISTRATION AND INSPECTION 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 Quality Testing, LLC (QT), hereinafter called “CONSULTANT”, with its principal offices located at 175 S. Hamilton Place, Building 6, Suite 114, Gilbert, Arizona 85233, Telephone Number: 480-496-2000 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 Construction and Materials Division Manager, shall perform ON-CALL CONSTRUCTION ADMINISTRATION AND INSPECTION 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 Construction and Materials 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. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 2 Contract performance will be for a period of 730 calendar days from the Notice to Proceed date and may be renewed, if mutually agreed to by both the CONSULTANT and the COUNTY, for three (3) additional one (1) year period(s) or the expenditure of $4,000,000.00, whichever occurs first. SECTION 3 - PAYMENTS TO THE CONSULTANT The CONSULTANT shall be paid a fee not-to-exceed Four Million Dollars and no cents for complete and satisfactory performance of work under this contract in accordance with the General Scope of Work and the detailed Scope(s) of Work. Payments will be made for the actual hours worked and/or other costs incurred or provided for in accordance with Exhibit B, Fee Schedule. The COUNTY does not guarantee any minimum or maximum fee during the period of this contract, and CONSULTANT, in accepting this contract, does not anticipate any minimum or maximum fee. The COUNTY shall pay the CONSULTANT in full for each Work Assignment upon satisfactory completion and acceptance by the COUNTY, provided the CONSULTANT returns the executed Certificate of Performance furnished by the Agent. Should an assignment require more than thirty (30) days to complete, the CONSULTANT may invoice progress payments based on COUNTY approved monthly progress reports and subject to the limitations set forth in the Scope of Work negotiated for each Work Assignment. No retention shall be withheld from the contract. The CONSULTANT shall provide back-up documentation with each invoice progress payment. The back- up documentation shall clearly indicate the hours worked, date, and employee’s name, including sub- consultants. All backup documentation shall include copies of any sub-consultants or vendor invoices. The Small Business Enterprise Participation Form (Attachment 1) is to be submitted with each pay application or invoice. Any pay application or invoice without this form attached is subject to rejection as not being a completed pay application or invoice pursuant to the terms of the contract. The final invoice shall be paid to the CONSULTANT for each Work Assignment, as applicable, within forty- five (45) calendar days after: A. final completion of all work per Exhibit A, General Scope of Work and the detailed Scope of Work, B. acceptance of the work by the COUNTY, C. the COUNTY’S receipt of the “Certificate of Performance” form furnished by the Agent, A Certificate of Performance will be provided with each Work Assignment. Upon Completion of the specific Work Assignment, the CONSULTANT will furnish to the COUNTY a completed Certificate of Performance – Work Assignment and Payment of all Claims. Upon completion of all Work Assignments under this contract, the CONSULTANT will furnish to the COUNTY an executed Certificate of Performance (Attachment 2). The Certificate of Performance must be notarized. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 3 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. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 4 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 rights to postpone, terminate, or abandon this contract for the CONSULTANT’S failure to complete any Work Assignment on time, or failure to comply with the provisions of the contract. The COUNTY also reserves the right to terminate any or all parts of this contract for its own convenience as the COUNTY may determine at its sole discretion. The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511 “A” this contract may be canceled without penalty or further obligation within three (3) years after execution if any person significantly involved in initiating, negotiating, securing, drafting, or creating a contract on behalf of the COUNTY is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a CONSULTANT to any other party of the contract with respect to the subject matter of the contract. Cancellation under this section shall be effective when written notice from the COUNTY Transportation Director is received by all of the parties of the contract. In addition, the COUNTY may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the COUNTY from any other party to the contract arising as a result of the contract. The CONSULTANT may terminate this contract in the event of nonpayment of fees as specified in SECTION 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 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 5 against the COUNTY brought by another party or parties unless the documents are independently produced in accordance with a court order or procedural rules and notice of such production is given to the COUNTY immediately and prior to their production. C. Copies retained by the CONSULTANT, sub-consultant(s), or any related entities are governed by Arizona Law regarding the use of public records and may not be used for commercial purpose without additional written permission from the COUNTY and the payment of all applicable fees. D. The COUNTY reserves the right to reuse the documents as it sees fit. SECTION 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 sub-consultants, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. §23-214, subsection A; After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. (2) That a breach of a warranty under subsection 1 above, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contracts; (3) That the contracting government entity retains the legal right to inspect the papers of any CONSULTANT or sub-consultant employee who works on the contract to ensure that the CONSULTANT or sub-consultant is complying with the warranty provided under subsection 1 above and that the CONSULTANT agrees to make all papers and employment records of said employee(s) available during normal working hours in order to facilitate such an inspection. (4) That nothing herein shall make any CONSULTANT or sub-consultant an agent or employee of the contracting government entity. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: (1) The undersigned (authorized official signing for the CONSULTANT) certifies to the best of his or her knowledge and belief, that the CONSULTANT, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 6 (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 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 7 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, sub-consultants, agents and assigns, shall not accept employment as consultants, expert witnesses or otherwise in any pending or contemplated litigation against the COUNTY during the term of this contract and any extensions thereof without the written authorization and approval of the Transportation Director of the COUNTY. H. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and assigns, shall not accept employment as consultants, expert witnesses or otherwise in any 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, sub-consultants, 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 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 8 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 - 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 sub-consultant 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. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 9 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 16 - INSURANCE REQUIREMENTS CONSULTANT, at CONSULTANT'S own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of this Contract. CONSULTANT’S insurance shall be primary insurance as respects COUNTY, and any insurance or self- insurance maintained by COUNTY shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the COUNTY’S right to coverage afforded under the insurance policies. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to COUNTY under such policies. CONSULTANT shall be solely responsible for the deductible and/or self- insured retention and COUNTY, at its option, may require CONSULTANT to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. COUNTY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated, however, to review such policies and/or endorsements or to advise CONSULTANT of any deficiencies in such 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: DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 10 (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 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. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 11 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 17 - 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. SECTION 18 - 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 19 - 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 20 - 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 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 12 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. (END OF SECTION) DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 Page 13 IN WITNESS WHEREOF, the parties herein have executed this contract. Quality Testing, LLC (QT) Consultant’s Firm Name By Principal of the Firm Printed Name Title Date Tax Identification Number MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION RECOMMENDED BY By Jennifer Toth, P.E. Date Transportation Director/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: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 7/26/2022 Doug Lattin President 7/26/2022 7/26/2022 7/27/2022 CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION AND INSPECTION 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: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 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: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 CERTIFICATE OF PERFORMANCE ON CALL CONTRACT 2022-052 The Maricopa County Department of Transportation accepts the completed work by Quality Testing, LLC (QT). or its subconsultants in connection with the scope of work described in Contract No. 2022- 052. 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. 2022-052 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 Quality Testing, LLC. (QT). for Contract No. 2022-052 for On-Call Construction Administration and Inspection 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 Quality Testing, LLC (QT). mutually acknowledge completion and termination of Contract No. 2022-052. 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: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 An interactive On-Call Consultant Payment Request Form is available on the Maricopa County Department of Transportation website: http://www.mcdot.maricopa.gov/procurement/forms.aspx DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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: DocuSign Envelope ID: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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 DocuSign Envelope ID: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 6/27/2022 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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. DocuSign Envelope ID: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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. DocuSign Envelope ID: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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. DocuSign Envelope ID: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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. DocuSign Envelope ID: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 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). DocuSign Envelope ID: 1FD5C444-DBF4-4A61-AC1B-DCD3CBB574F3 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 EXHIBIT A SCOPE OF WORK CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 1 of 17 EXHIBIT A CONSULTANT'S SCOPE OF WORK ON-CALL CONSTRUCTION ADMINISTRATION SERVICES CONTRACT NO. 2022-052 1. DEFINITIONS COUNTY Maricopa Department of Transportation (MCDOT) PROJECT MONITOR The official MCDOT representative who shall remain available throughout all phases of the construction project(s), and who shall provide guidance to the consultant during the administration of the construction contract. CONSULTANT Employee(s) of the Prime firm, or Sub-Consultant Firms, contracted with MCDOT to represent MCDOT and administer the construction contract in accordance with this Scope of Work; Project Plans and Specifications; MCDOT, MAG and other applicable standard details and specifications; the MCDOT Manual for Construction Management; and MCDOT policies and procedures. CONSTRUCTION The performance of contract management, ADMINISTRATION construction inspection, materials testing, construction staking, office procedures, safety monitoring, partnering, documenting the work and all other duties required to successfully manage the projects under this contract. Enforcement of the MCDOT Title VI program, and the requirements of each construction contract, as defined in individual work assignments for this contract. 2. GENERAL The CONSULTANT for this on-call contract may be called upon to administer Federal Aid construction projects for the COUNTY. The consultant staff should be well versed in federal aid requirement and be prepared to comply with all federal reporting, as aligned with ADOT policies and procedures, record keeping/retention, monitoring and other federal guideline for the administration of Construction contracts in order to maintain eligibility to receive Federal Funding for these projects. The CONSULTANT shall be responsible for guiding construction contractors in adhering to Federal Aid tasks, and monitor and document their usage of DBE’s, submission of certified payrolls, perform employee interviews, and actively participate in assuring adherence for any other requirements not specifically cited herein. Consultation with, DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 2 of 17 and assessment by MCDOT staff will be required prior to a Work Assignment on a Federal Aid project. Minimum COUNTY expectations of staffing roles, qualifications, and experience can be found in this matrix, and more specifically addressed within this Scope of Work. Level 1 Inspector - Entry Level Performs many tasks in a highway construction environment independent of any direct supervision. Has the authority to recommend rejection of materials or workmanship, which are not in compliance with agency specifications. Knowledge of procedures and techniques of surveying, construction standards, inspection, quality control and/or materials; proper construction documentation, safety practices and procedures. Qualifications: A minimum of a High School diploma or equivalent. Level 2 Inspector - Mid Level Exercises some independent judgment within established program parameters. Has the authority to determine when project materials and procedures are noncompliant with agency specifications. Knowledge of procedures and techniques of surveying, construction standards, inspection, quality control and/or materials; proper construction documentation, safety practices and procedures. Serves as a journeyman level technician performing a variety of work related to highway construction activities. Analyzes and evaluates a wide variety of technical engineering data; interprets and implements standards, policies, procedures and regulations. Qualifications: ATTI Field Technician Level I Certification; ACI Concrete Field Grade 1 Certification; and minimum 5 years as Entry Level Inspector or equivalent. Lead Inspector Serves as a lead technician under the general supervision of the Engineer-In-Charge or designated representative, coordinating activities on highway construction project(s) including survey, quality control, inspection, lab and office. Inspects and documents the most complex contract items, such as structures and concrete or asphalt pavement; performs related duties as necessary due to staffing requirements. Provides training, coaching and guidance to employees as directed. Knowledge of principles and practices of civil engineering related to the construction of state highway system roadways. Must have the ability to work independently, completes assignments to acceptable standards in a timely manner. Qualifications: ATTI Field Technician Level I Certification; ACI Concrete Field Grade 1 Certification; and minimum 2 years as Mid -Level Inspector or equivalent. Materials Coordinator Serves as a material coordinator under the general supervision of the Engineer-In- Charge or designate representative, Produces daily, weekly, monthly and project material sampling and testing reports, analyzes and evaluates material resting results and resolves differences in the results. Responsible for verification of all materials incorporated into a project including but not limited to certifications, testing, documentation (logging) and reporting test results in a timely manner. Qualifications: ATTI "Field and "Laboratory" Soils and Asphalt Certifications; ACI Concrete “Field” and “Laboratory” Certifications; and a minimum of 5 years of recent and relevant experience with similar duties for related projects. Project Supervisor/Chief Inspector Provides technical analysis for a project. Under general supervision, exercises considerable and significant independent judgment within established program parameters, policies and procedures. Possesses extensive knowledge of principles and practices of civil engineering, as applied to the area of assignment. Supervises, organizes and prioritizes work assignments and daily activities of Inspection staff. Qualifications: 15 years relevant experience OR have a BS in Civil Engineering or Construction Management and 2 years relevant experience. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 3 of 17 Resident Engineer Supervises construction projects, including determining acceptability of materials furnished and work performed, preparing contract supplemental agreements as needed, verifying and documenting adherence with all applicable safety and environmental standards, monitoring and documentation of contractor activities, material testing and documentation, payments to the contractor, tracking project progress schedules, budgets and scope. May include supervision and operations of a field office and staff. Qualifications: Must have current Arizona Registration as a Civil Engineer and 5 or more years of relevant experience. Sr. Resident Engineer Supervises more complex construction projects, including determining acceptability of materials furnished and work performed, preparing contract supplemental agreements as needed, verifying and documenting adherence with all applicable safety and environmental standards, monitoring and documentation of contractor activities, material testing and documentation, payments to the contractor, tracking project progress schedules, budgets and scope. May include supervision of other Resident Engineers and operations of a field office and staff. Qualifications: Must have current Arizona Registration as a Civil Engineer and 10 years of relevant experience. Field Office Manager Oversees the work activities of a construction project office and contract and inspection documentation. Involved in preparing/maintaining reports, pay item and other financial documentation, change order and related contract document preparation, federal compliance documentation, etc. Knowledgeable of the interrelationship of all contract documents used for construction and Agency policy and procedures. Knowledgeable in computer usage (Excel, Work, Outlook, etc.). On Federal projects must have relevant experience and expertise in federal compliance requirements including Davis Bacon provisions, wage conformances, certified payroll review and related documentation utilizing LCPTracker system, and DBE compliance and documentation utilizing Arizona LPA system. Qualifications: Minimum 8 years relevant experience OR degree in Business/Project Administration, Accounting or education with math or science emphasis. Traffic Control Specialist Monitors Contractors maintenance and protection of traffic for compliance to contract requirements, the Manual on Uniform Traffic Control Devices (MUTCD) and project Special Provisions. Has extensive knowledge and background in work zone traffic control procedures. Qualifications: The Traffic Control Specialist shall be ATSSA – WZTC Supervisor Certificated and have a minimum of 5 years of recent and relevant experience in work zone traffic control for related projects. Registered Landscape Architect Involved during the construction phase for pre-approval of the plant material prior to delivery to the project; assist with inspection and oversight of the landscape planting and irrigation installations; and reviews contractor’s SWPPP and erosion control practices. Conducts monthly inspection with the Resident Engineer, the contractor and other relevant personnel during the landscape establishment phase; produce and distribute a written report of the landscape establishment status; and/or make recommendations for modifications to the irrigation zones and timing that may be necessary to successfully complete the establishment phase. Qualifications: Current Arizona registration as a Landscape Architect; current Erosion Control Coordinator training; and minimum 5 years relevant experience. Registered Land Surveyor May plan, manage, and direct surveying, mapping activities and related projects. Applies standard surveying techniques and procedures and professional judgment to make modifications. May require knowledge of the principles and practices of civil engineering as applied to the construction of state highways. Qualifications: Current Arizona Registration as a Land Surveyor. Chief Surveyor May plan, manage, and direct surveying, mapping activities and related projects. May supervise professional surveyors and technicians. Establishes and maintains project priorities, budgets, and staff assignments. Possesses extensive knowledge of the principles and practices of civil engineering as applied to the construction of state highways. Applies standard surveying techniques and procedures and professional judgment to make modifications. Qualifications: A minimum of 7 years of relevant experience and a current Arizona Registration as a Land Surveyor. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 4 of 17 Survey Technician Performs fieldwork under the direction of a Survey Party Chief on a variety of project types. Has operational knowledge of survey instruments such as (but not limited to) theodolites, total stations and GPS. Qualifications: A minimum of 3 years of relevant experience. (Survey Technicians with less than 3 years’ experience are classified as a Technician under the Miscellaneous Category) Survey Party Chief Supervises, assigns and reviews the work of staff responsible for technical survey services. Oversees and participates in office and/or fieldwork activities and performs a variety of related technical tasks. May prepare legal descriptions, control points, Results of Survey, etc. Qualifications: Land Surveyor-in Training (LSIT) or a minimum of 10 years of relevant experience. 2.1. CONSULTANT shall provide complete construction administration services to the Maricopa County Department of Transportation, hereinafter referred to as the COUNTY, and to serve as an extension of the COUNTY staff. The following outline is not intended as a complete task listing, but as a general outline of the level of service required. 2.2. Assign as Resident Engineer, a Professional Engineer licensed in Arizona in Civil Engineering, or an approved related field. 2.3. Assign staffing to support the Resident Engineer’s efforts. Required staffing may vary with each work assignment, and should include personnel for Inspection, Field Office Manager, Traffic Control expertise, constructability review, Materials Sampling and Testing, Survey, and construction staking. Specialty inspections for Structural, Electrical, ITS, and Landscaping may also be required for specific Work Assignments. 2.4. Assist and represent the COUNTY during ADOT, FHWA, or internal audits when applicable. The assigned RE, or other assigned staff, shall make him/herself available and be able to produce the necessary documents that are requested for these audits 2.5. Consult with COUNTY to determine the general nature, scope and extent of the construction administration services required of the WORK and identify the need for, and availability of project data or services. After written notice to proceed, CONSULTANT shall: 2.6. Arrange, or assist in obtaining access, and securing any permits required to enter upon public and private property, as required, for CONSULTANT to perform services required for the WORK. 2.7. Maintain a project staff for the full duration of the contract, who is knowledgeable in all areas of work covered within this Scope of Work and the project’s contract documents. Employees of the CONSULTANT or any SUB-CONSULTANTS who do not perform their work in a safe and knowledgeable manner, or who are intemperate or disorderly, shall be removed immediately from the project at the written request of the COUNTY. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 5 of 17 2.8. The CONSULTANT or SUB-CONSULTANTS providing services under this contract cannot have the same parent company or any corporate association with the contractor(s) performing work for these projects. 3. SPECIFIC WORK REQUIREMENTS 3.1 MANAGEMENT SERVICES 3.1.1 The CONSULTANT, as the primary contract administrator, shall have the sole responsibility for communicating or relaying information and/or requests to the contractor. Problems or questions concerning the project or the contractor shall be addressed to, and by, the CONSULTANT. The CONSULTANT will be expected to be actively engaged with the project and respond to project issues in an expeditious manner to meet time constraints of the project. 3.1.2 The CONSULTANT shall provide project field inspection staff with vehicular transportation, cellular telephone, and any other required devices to successfully determine the quality of workmanship of the contractor. Field testing equipment for soils and/or concrete as may be required for work under Section 3.2. All project staff is required to have computer access for effective and comprehensive documentation, reporting, analysis and communication. 3.1.3 Prepare, issue and maintain a list of key personnel assigned to the project including contractor, consultant, and any other sub- consultant personnel by listing telephone numbers, e-mail addresses, affiliation and responsibility. 3.1.4 The CONSULTANT shall have a thorough working knowledge and prior experience with Partnering as it relates to the construction of public projects. The CONSULTANT and the staff shall maintain a professional working relationship with the contractor throughout the duration of each construction project work assignment. 3.1.5 Either prior to, or no later than five (5) business days after Notice to Proceed for CONSULTANT, CONSULTANT shall meet with the COUNTY to establish the Partnering needs and direction as it specifically applies to this project and the COUNTY Partnering Program. This meeting will also identify all stakeholders beyond the CONSULTANT, COUNTY, and Contractor; address Partnering budget; address facilitation of the initial Partnering Workshop and Pre- Construction meeting; and identify potential venues or formats. 3.1.6 In accordance with the COUNTY Partnering Program, assist the Partnering facilitator, who shall be mutually agreed upon by DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 6 of 17 COUNTY, CONSULTANT and contractor, in making arrangements for, and conducting an Initial Partnering Workshop for the project. This Workshop will review the overall scope and intent of the project; discuss the principles of Partnering; establish the unified goals of the Project and the construction team; identify Contractor issues; establish the Project’s escalation matrix; identify issues of concern from Stakeholders; and develop action plans to address each issue. The CONSULTANT shall be solely responsible for notifying the Stakeholders of this meeting. 3.1.7 The CONSULTANT shall take the lead in following through with Partnering throughout the duration of the project. Partnering shall be a standard agenda item at weekly construction meetings, and will also entail special meetings to specifically address issue resolution and the effectiveness of the Partnering in achieving resolution and construction team effectiveness. The CONSULTANT shall be responsible for documentation of the Partnering, including details of follow through on the action plans for each issue and the resolution of issues. 3.1.8 Make arrangements for and conduct the pre-construction conference for the project. The pre-construction conference may be combined with the initial Partnering Workshop. The general conference outline is shown in the MCDOT Manual for Construction Management, but shall be tailored to address the specific needs and requirements of the Project. The conference shall be held in one of the conference rooms at Maricopa County Department of Transportation, located at 2901 West Durango in Phoenix, Arizona. The CONSULTANT shall be solely responsible for notifying the Stakeholders of this and all subsequent project meetings. Alternative arrangements may be considered for an off-site location if combined with the initial Partnering Workshop. 3.1.9 Prepare a schedule of shop drawings and material submittals to be expected from the Contractor that is consistent with the project schedule. CONSULTANT shall make early identification of materials with complex specifications and/or long lead times in procurement and guide Contractor in obtaining early submittal approval as necessary. 3.1.10 Review and approve shop drawings and material submittals. Forward as necessary to other appropriate agency and/or MCDOT Division if their review is desired or specified. Such submittals shall be stamped either "Approved," "Not Approved." or "Approved as Noted", as appropriate. . All submittal reviews are passed through the CONSULTANT regardless of other Agency reviews. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 7 of 17 3.1.11 Prepare a Material Sampling and Testing Plan with assistance of MCDOT Material Testing Section outlining the required tests, the frequency of testing and sampling requirements for materials anticipated for use on the project in accordance with the MCDOT Sampling & Testing Guide – non-Federal and/or MCDOT’s Construction Management Manual Appendix “B”. “Plan” shall be reviewed by MCDOT Materials Branch prior to implementation. 3.1.12 Prepare a Materials Certification Log that lists manufacturer's Certificates of Compliance and Certificates of Analysis that will be required during construction. The manufacturer’s certifications shall be reviewed to assure that all materials and manufactured items incorporated into the project conform to the plans and specifications. The certifications shall include as a minimum the information listed in the format of Appendix A.08.2 of MCDOT’s Construction Management Manual as updated in December 2020. 3.1.13 The CONSULTANT shall submit written narrative progress reports to the PROJECT MONITOR on a weekly and monthly basis. The weekly reports shall be delivered by 9:00 A.M. Monday morning following the week covered in the report, and they shall contain considerable detail about activities on the project. A detail of the CONSULTANT’s anticipated type and number of project personnel to adequately cover the work for the up-coming week shall also be included. Project staffing shall be proportional to upcoming work, and expertise shall be appropriately assigned. 3.1.14 Monthly reports shall be delivered by the fifth (5) of each month, and shall consist of a brief recap of the project progress for the previous month including comments on schedule and progress, deficiencies, and any problems, which may result in claims or additional expense to the COUNTY. When seventy percent (70%) of the contract time has been used for the project, the CONSULTANT shall advise the PROJECT MONITOR if the project can be completed within the original time frame. If the CONSULTANT cannot, a detailed analysis outlining the time needed to complete the project must be submitted along with a request for an extension of time to the PROJECT MONITOR. This analysis and request must be completed and received by the PROJECT MONITOR prior to eighty percent (80%) of the work assignment time being used. 3.1.15 Each of the project staff performing inspection or assigned responsibility for any project operation is required to maintain a diary of detailed information concerning the contractor’s operations for DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 8 of 17 the specific phase of work they are assigned to. These diaries shall be completed for every day that project staff is actively participating in the contract in accordance with the MCDOT Manual for Construction Management, and shall be kept on file in the project field office, and shall be made available to the COUNTY upon request. 3.1.16 Conduct weekly meetings with Contractor's supervisory personnel, and other key stakeholders, to provide close coordination and Contractor's understanding of each aspect of the work. One meeting per month shall include a discussion of the status of the project’s partnering relationship and review the partnering evaluation results. Prepare minutes each weekly meeting and transmit to all concerned parties and Stakeholders. The COUNTY shall approve meeting location and schedule. 3.1.17 Determine quantity of work in-place, obtain Contractor's concurrence, and prepare monthly progress payment report(s) utilizing MCDOT’s standard format, and submit to C within 5 days after the 20th of each month. All signatures shall be in blue ink. The CONSULTANT shall maintain separate and distinct records, files, all inspection diaries, log books, survey staking records, material tests results and required documentation that justify all payments for quantity of work in-place. A process for electronic signatures, may be considered by the COUNTY in lieu of the blue ink signatures. Electronic signatures would be routed through programming as determined by the COUNTY. 3.1.18 Maintain a subcontractor list and a copy of subcontracts. Verify that prime contractor is maintaining a minimum of 50% self-performance. 3.1.19 Analyze problems, which may arise as the result of any changes, actual field conditions, alterations, or conflicts. Make appropriate analysis of alternative actions and submit recommended solutions, cost analysis, supporting documents and calculations in writing to the COUNTY for review and approval. If a change order is required, make recommendations for and process change orders for submittal to the COUNTY for final approval. The COUNTY shall be consulted regarding the format of the Change Order. Four (4) original change orders shall be submitted, (five (5) for change orders requiring Board approval) on County forms. All signatures shall be in blue ink. The CONSULTANT shall obtain “concurrence” from MCDOT PROJECT MONITOR and Chief Construction Engineer on Major Change Orders and “notify” the same on all Change Orders. A process for electronic signatures, may be considered by the COUNTY in lieu of the blue ink signatures. Electronic signatures would be routed through programming as determined by the COUNTY. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 9 of 17 3.1.20 Arrange and conduct a final inspection when work is substantially complete. Prepare a deficiency list and re-inspect items that required repair, replacement or needed additional attention. 3.1.21 Make final determination of all contract quantities. Prepare and submit final payment request together with final quantity analysis, change orders, and all necessary certificates of performance documents on COUNTY approved forms. 3.1.22 In accordance with the MCDOT PC&I Division FINAL Record Drawing Standard Operating Procedure, prepare FINAL Record Drawings by updating an electronic PDF master file of the COUNTY “AS-Bid” Plan Set to provide an accurate permanent record of the project’s actual constructed features. The Record Drawing master file shall be continuously updated throughout construction as changes are constructed and submitted to the COUNTY within 90-days of construction Final Acceptance. All information concerning changes, additions or deletions to the original design shall be made electronically to the master file and shown in red and clouded, with any deleted item(s) crossed or lined out, but not obscured by the record drawing changes. The CONSULTANT Resident Engineer shall provide a sealed and signed record drawing certification statement on the cover sheet. The Resident Engineer’s Registered Professional Civil Engineer seal shall be affixed to the cover sheet with, as a minimum, a certification statement similar to the following: RECORD DRAWING CERTIFICATION To the best of my knowledge and belief, the project was constructed As shown hereon. 3.1.23 Establish and maintain a project file according to the MCDOT PC&I Division Filing Indexing Guide, and submit completed file to the COUNTY, including all shop drawings, daily inspection diaries, maintenance manuals, manufacturer's instructions, parts lists, or other pertinent data applicable to the project. File shall also contain copies of all correspondence, inspection logs, reports, test results, photographs, documentation for cause of delays, payment requests, change orders, field orders and sketches, survey notes, quantity estimates and such other applicable documents necessary to provide a complete and accurate job record from beginning to end. Project Record Documents as defined by the PROJECT MONITOR shall be provided in electronic pdf format on a monthly basis throughout the duration of the project. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 10 of 17 3.1.24 Submit a final report stating that the project has been completed in substantial compliance with the contract requirements with the recommendation that the project be accepted and final payment made to Contractor. Closeout documents and examples are provided in the MCDOT Manual for Construction Management, and shall be submitted no later than 60 calendar days following final acceptance of the project. 3.1.25 Provide post-construction analysis of the project addressing areas of successful prosecution, and specific types of problems encountered, along with recommendations for prevention of similar problems on future projects. Participate in post-construction “Lessons Learned” Workshop. 3.1.26 Work Assignments for Federal Aid Construction projects may be issued under this contract. Federal funds for reimbursement for CONSULTANT services funds will not be received, however CONSULTANT services will be required for Administration of eligible Federal Aid construction contracts. As such, CONSULTANT shall adhere to, monitor, and guide contractor in appropriate procedures per the construction contract, revisions in this Scope of Work, and the incorporation of Section IV, the Federal Aid Section of the MCDOT Construction Manual as revised November 2019, and its Appendix, both documents are located on the MCDOT website, Technical Section. 3.1.27 Prepare a Materials Certification Log that lists manufacturer's Certificates of Compliance and Certificates of Analysis that will be required during construction. The manufacturer’s certifications shall be reviewed to assure that all materials and manufactured items incorporated into the project conform to the plans and specifications. The certifications shall include as a minimum the information listed in Section A9 of Appendix “A” (Local Public Agency Certification Acceptance Quality Assurance Requirements) of the ADOT Materials Quality Assurance Program manual. 3.1.28 Ensure that all steel and iron products permanently incorporated into the project comply with the current “Buy America” requirements of 23 CRF 635.410. For all assigned projects, ensure that all steel and iron products have appropriate certification statements provided by the manufacturer. Records for the products must be traceable through heat numbers and mill certificates. CONSULTANT shall review and log all certifications. Certifications shall be verified by visual inspection of the material delivered to the project site. 3.1.29 Obtain Pre-construction Approval of the Materials Sampling and Testing Plan from ADOT Materials Group. The following documents DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 11 of 17 comprising the Materials Sampling and Testing Plan shall be prepared and submitted to the ADOT Materials Group, Quality Assurance Engineer for approval prior to beginning construction: Bid Schedule, Materials Sample Checklist, Materials Certificate Log, and Contractual Relationship Statement (acceptance lab, independent assurance lab, field testing personnel, contractor and MCDOT). Reference is made to Section A6 of Appendix A of the ADOT Materials Quality Assurance Program manual for further details. 3.1.30 The CONSULTANT’s project staff shall review contractor and sub- contractor payrolls weekly for conformance with the published wage decision utilizing LCP Tracker software; review and recommend approval to the PROJECT MONITOR for any additional wage classification conformance requests from the contractor; conduct periodic, confidential interviews with contractor employees during the execution of the work to verify contractor wage compliance; monitor subcontract compliance for work performed by Disadvantaged Business Enterprise (DBE) contractors; enter project data into the State’s Local Public Agency Contract Management System for monitoring DBE Compliance and contractor prompt payment; and monitor and track trainee hours for contractor apprentice programs. 3.1.31 Review and approve subcontractor list. Verify subcontractor documents for completeness and accuracy. Ensure that SRF forms, subcontractor agreements, EEO clauses, FHWA 1273 form, contractor compliance and special provisions are in compliance, signed, dated, etc. Monitor subcontractor project involvement as documented in subcontractor agreements. 3.1.32 Set up initial project data for CONSULTANT and contractor and enter monthly contract data into the Arizona Local Public Agency (LPA) Contract Management System database. Enter subcontractor approvals and monthly payments, and monitor contractor’s data entry each month for DBE compliance, and other reporting requirements. 3.2 INSPECTION AND MATERIALS TESTING SERVICES : When requested in the Work Assignment, CONSULTANT shall provide the following Inspection and Materials Testing Services: 3.2.1 Perform all inspection and field documentation to adequately record the work and its quality as it is being constructed by the contractor. 3.2.2 Perform all quality assurance and acceptance testing for the project if MCDOT is not providing this service on any given work assignment. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 12 of 17 3.2.3 Provide at least one qualified inspector on the site as required, when significant work is being performed by Contractor. Provide additional project staff as necessary to match the production of the contractor, which shall remain consistent with the negotiated staffing plan for the contract. Projects may require specialty inspection experience of; electrical components, signal equipment and/or fiber optic installation equipment, landscaping, or structural. The CONSULTANT shall provide an inspector with project specific experience of no less than five prior projects of the same components. The CONSULTANT shall submit the proposed inspectors resume and specialty project experience information for review and consideration. 3.2.4 Inspect work in progress, finished work, and keep Contractor informed of acceptability status of the work. If CONSULTANT'S project personnel observe or are aware of unsafe practices or site safety conditions which are patently unacceptable and jeopardize the life and health of employees on the site, or the public, and endanger property adjacent to the work site, CONSULTANT shall immediately notify Contractor and the COUNTY of such unsafe conditions. Nothing herein is intended to relieve Contractor of his contractual responsibility for safety on the project, or to make CONSULTANT responsible for Contractor safety procedures. 3.2.5 Inspect material stored on-site to verify it is stored properly to prevent damage to the material, and that the contractor has adequate security measures in place to prevent theft or vandalism. 3.2.6 Complete photographic coverage of the project during construction is not required; however, complete photographic coverage of the site prior to construction and after completion of construction is mandatory. Critical developments or conditions during construction shall be photographed and included in the inspection record, which shall include but not be limited to, flood damage, accidents, substandard work, structural failure, or any other instance that is deemed pertinent by the Inspector. 3.2.7 Thorough inspections shall be made prior to terminal operations, such as backfilling, concrete pours, pipeline tests, and inspections. All correction orders to contractor shall be made in written form with a copy attached to the inspection record. 3.2.8 Laboratory and field tests and reports shall be reviewed and signed by a Professional Engineer registered in the State of Arizona. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 13 of 17 3.2.9 CONSULTANT shall maintain close contact with Contractor and keep continuously aware of the current schedule. CONSULTANT shall keep Contractor aware of the inspection and testing requirements and the effect these have on work scheduling, in order to avoid delays and misunderstandings. 3.2.10 When specifically requested in a Work Assignment, Materials testing services, both field and laboratory, shall be provided by an organization which is certified through the AASHTO Accreditation Program in the requisite procedures. 3.2.11 In support of the Materials Sampling and Testing Plan as prepared by the COUNTY, the CONSULTANT shall coordinate Acceptance sampling and field or laboratory testing. The CONSULTANT shall coordinate with the MCDOT Lab personnel and give sufficient advanced notice (24 hours minimum) utilizing the MCDOT Materials Laboratory Work Request Form that sampling and testing of project material(s) is required. The CONSULTANT may be requested to collect materials samples as deemed necessary or in accordance with the Material Testing Plan and deliver to the MCDOT laboratory for testing. All samples obtained shall be obtained in accordance with the MCDOT materials procedures or applicable ASTM or AASHTO sampling methods. Ensure Certificate of Compliance and Certificate of Analysis of material is provided and in compliance with requirements. 3.2.12 When specifically requested in a Work Assignment, CONSULTANT shall prepare the Materials Sampling and Testing Plan, collect material samples, perform required field and laboratory tests for acceptance per applicable procedures, and provide reports. COUNTY and CONSULTANT shall confer to establish specific scope of these services. 3.2.13 Each supervising materials technician shall be certified by the National Institute for Certification in Engineering Technologies (NICET) at Level III or above in the applicable field(s) and/or meet the following requirements: • Registered as a Professional Engineer in the State of Arizona with one year of applicable experience, acceptable to the COUNTY • Certified as an Engineer-in-Training by the State of Arizona with one year of applicable experience, acceptable to the COUNTY • Hold a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology, or Construction, with three years of applicable experience, acceptable to the COUNTY. 3.2.14 Technicians shall meet one of the following requirements: DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 14 of 17 • Construction Materials Technician certified at Level II or higher by NICET in appropriate subfield • Construction Materials Technician trainee under direct observation of a Level II or Level III technician certified in appropriate subfield 3.2.15 At least eighty percent (80%) of CONSULTANT'S inspection team shall meet the following requirements: • Engineer-in-Training certified by the State of Arizona with two years of highway construction experience, acceptable to the COUNTY. • An individual with three years of highway experience, acceptable to the COUNTY and a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction Management. • “Field” certification by the American Concrete Institute (ACI) and the Arizona Technical Testing Institute (ATTI). • Highway Construction Technician certified by NICET. • A NICET certified Engineering Technician in Civil Engineering Technology with five years of highway experience, acceptable to the COUNTY 3.3 CONSTRUCTION STAKING AND SURVEYING : FULL SERVICES WHEN SPECIFICALLY REQUESTED IN WORK ASSIGNMENT 3.3.1 Perform all base surveys and cross section of existing conditions that may be required as a basis for quantity determination, and/or establishment of construction lines and grades. 3.3.2 Provide construction staking necessary for Contractor’s performance of the work. • Perform surveys and measurements during the course of the work, as may be required, in order to determine the quantity of work in place. • Perform final surveys and measurements for final quantity determination and as required for the preparation of record drawings. • Assign overall responsibility for survey work to a Registered Land Surveyor, licensed in Arizona. • Prior to commencement of the construction work, CONSULTANT shall stake limits of right-of-way, temporary and permanent easements. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 15 of 17 COORDINATION FOR SURVEY AND STAKING PROVIDED BY MCDOT 3.3.3 When MCDOT Survey staff will perform the staking and survey work, CONSULTANT shall coordinate these services with a minimum of two working day survey request notifications. At a minimum, Survey will: ♦Stake limits of right-of-way, temporary and permanent easements prior to start of work ♦Staking for various elements of work ♦As-Built information both at grade and underground 4. PROJECT MONITOR COUNTY will assign a staff member to serve as contact person to CONSULTANT. The COUNTY representative will periodically visit the site to keep informed of the job conditions and progress and may from time to time, issue instructions or make suggestions to facilitate the work. The COUNTY representative will not assume the duties or responsibilities of CONSULTANT under this Contract. The COUNTY representative will not perform any of the inspection prior to final inspection and will not solve routine problems for CONSULTANT. Problems of an unusual nature shall be referred to the COUNTY representative together with CONSULTANT'S recommendation for solving the problem. The assigned representative will be CONSULTANT'S primary contact. All transactions with the COUNTY under this Contract shall be conducted through and all correspondence shall be directed to the assigned representative. 5. CORRESPONDENCE AND REPORTS In addition to project file requirements, CONSULTANT shall submit copies of all correspondence with Contractor to the COUNTY as soon as possible. Meeting minutes shall be transmitted to the COUNTY weekly. Reporting as delineated in Section 3.1. 6. DURATION OF CONTRACT AND PAYMENT FOR SERVICES 6.1The performance period of each work assignment shall extend from the date of the Notice to Proceed to CONSULTANT, to Ninety (90) calendar days after final construction project acceptance. The term of each work assignment will be extended by change order to correspond to any extensions to the construction contract. Additional time may be granted for assistance to COUNTY in addressing Contractor claims or for audits. 6.2 Whenever Contractor is prevented from working due to causes beyond its control, CONSULTANT'S presence at the job site may not be required with the same frequency and/or duration as during construction activity. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 16 of 17 7. ADDITIONAL SERVICES 7.1 Following express written authorization by the COUNTY, CONSULTANT shall provide jobsite construction administration services on an overtime basis, in accordance with Exhibit B, Consultant's Fee Schedule. 7.2 Constructability Review: Upon the COUNTY’S written request, the CONSULTANT shall provide a constructability review of contract documents. Items of work to include, but not be limited to: • Plan-in hand inspection of the project site. This on-site inspection will include actual field conditions that may not be accurately depicted on Plans due to date of plan development, omissions, or other reasons. Note any conflicts not identified on the Plans. • Review of the Special Provision wording for continuity as they relate to MAG Standard Specifications, MCDOT Supplement, and other Agency specifications as applicable. • Note any missing bid items MCDOT normally incorporates such as the inclusion of items for Variable Message Boards and Uniformed Off -Duty Officer. • Review and help verify that quantities on the Bid Schedule are in agreement with both those on the Plan Quantity Summary Sheets and the Plan sheet call- outs. • Review and note any conflicting information between Plans, Special Provisions, MAG Standards and MCDOT Supplement to MAG. • Note if Special Provisions and their measurement and payment sections adequately address the scope of the work in each bid item? Particular attention should be given to the “Remove and Reconstruct”, or “Relocate and Adjust” bid items. • Review results should be listed in orderly fashion and shall be categorized by headings of, in order, “Bid Schedule”, “Special Provisions”, and “Plans” on the standard MCDOT Comment Review Form provided. Findings that affect in more than one area shall be noted under each heading. For example, if the quantity on the Bid Schedule does not match the total on the Quantity Summary totals, not under both “Bid Schedule” and “Plans”. Supplemental plan redlines for approximate locations and types of conflicts may also be submitted. • Attend Comment Resolution or other meetings with COUNTY as required. 7.3 Early Utility Relocations: Upon consultation with COUNTY Construction and Utility Branches, CONSULTANT may be issued a Work Assignment to provide services during early relocation of utilities in preparation for project construction. Utility relocations are typically performed under permits issued by MCDOT and/or a Partner Agency with work performed by a contractor for that particular utility, and not under a MCDOT contract. A complete Scope of Work will be determined on a case by case basis, but services requested may include: • Establish working relationships with Utility, Contractor for Utility, MCDOT Utility Coordinator, agent for Partner Agency, MCDOT Monitor as needed. DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 17 of 17 • Understanding of conditions of Permit issued by MCDOT and/or Partner Agency. • Understanding of MCDOT construction project plans, specifications, and other available information for which relocations are being performed. • Advise Utility and their Contractor if the planned relocation is in conflict with proposed MCDOT construction. • Oversight of MCDOT assigned Job Order Contractors (JOCs) providing civil construction supporting Utility contractors. Construction Administration and Inspection for JOC work shall be in accordance with established MCDDOT Construction procedures. • When requested, take lead in coordination of field activities and phasing meetings when multiple interests are involved. • Review, coordination of Agency reviews, and enforcement of approved Traffic Control Plans for utility contractors involved in relocations within Right of Way. • Arrange for As-Built survey of relocated utilities and convey information to designated MCDOT personnel and/or Design Engineer. 7.4 Assist MCDOT Project Manager and Design Engineer during the construction advertising, bidding and award process. This work may include addressing questions of bidders as they relate to construction, assistance in preparation of Addenda to be issued and review and analysis of bids, 7.5 Provide other additional services as may be required, upon written authorization by the COUNTY. Detailed Scope of Work will be jointly developed by the COUNTY and the CONSULTANT prior to issuance of Work Assignment. (END OF SCOPE OF WORK) DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 EXHIBIT B CONSULTANT’S FEE PROPOSAL CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 FEE SCHEDULE CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION & INSPECTION SERVICES The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: QT DATE: 7/7/2022 PROFESSIONAL DIRECT LABOR HOURLY RATE Sr. Resident Engineer/Project Manager $90.20 Resident Engineer $79.04 Project Supervisor/Chief Inspector $53.81 Senior Inspector $46.64 General Inspector $36.52 Materials Coordinator $38.29 Construction Office Manager $36.13 Construction Office Support $26.53 Materials Technician $30.16 Intern $21.53 DIRECT AND OUTSIDE EXPENSES With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST Mileage CURRENT GSA RATE SUBCONSULTANT – Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. EPS, Logan Simpson Design, Al Field & Associates, Central Creative OVERHEAD 151.00% (CONSTRUCTION MANAGEMENT) 175.00% (LABORATORY/MATERIALS TESTING) PROFIT 10% Overhead and profit can only be paid on the straight time, not the overtime NOTE 1: Construction management overhead rate is applicable for all position rates except Materials Technician which uses the Laboratory/Materials Testing overhead rate. Submitted OH rates are lower than actual audited rate. NOTE 2: Overtime premium for non-engineer positions is 1.5, applied when approved by MCDOT PM. NOTE 3: Laboratory testing will be billed in accordance with the QT rate sheet entitled “CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE (Effective June 2022)”. QUALITY TESTING, LLC (QT) Firm Signature Executive Vice-President Title 7/7/2022 Date DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 UNIT RATE ($) UNIT RATE ($) DIRECT LABOR POSITIONS (Portal to Portal) SOIL & AGGREGATE (Laboratory Testing) - Continued 410 Plasticity Index, Dry Prep (ASTM D4318, AASHTO T89, T90) Each 85.00 Hourly Quote 411 Plasticity Index, Wet Prep (ASTM D4318, AASHTO T89, T90) Each 120.00 Hourly Quote 412 Proctor, Modified (ASTM D1557, AASHTO T180) Each 150.00 Hourly Quote 413 Proctor, Standard (ASTM D698, AASHTO T99) Each 120.00 Hourly Quote 414 Proctor, Soil Cement Mixtures (ASTM D558, AASHTO T134) Each 150.00 Hourly Quote 415 Sand Equivalent (ASTM D2419, AASHTO T176) Each 110.00 Hourly Quote 416 Sieve Analysis (ASTM C136, C117, AASHTO T27, T11) Each 75.00 Hourly Quote 417 Specific Gravity/Absorption (Coarse Agg.)(ASTM C127, AASHTO T85) Each 57.00 Hourly Quote 418 Specific Gravity/Absorption (Fine Agg.)(ASTM C128, AASHTO T84) Each 75.00 Hourly Quote 419 Specific Gravity of Soils (ASTM D854, AASHTO T100) Each 150.00 Hourly Quote 420 pH Determination (ASTM D2976, ARIZ 236) Each 45.00 Hourly Quote 421 Resistivity Determination (ARIZ 236) Each 57.00 422 Hydrometer Analysis (ASTM D422, AASHTO T88) Each 300.00 Overtime Premium (Applied to Technician Direct Labor Rates), or Per Contract Multiplier 1.50 423 Shrinkage Factor (AASHTO T92) Each 150.00 424 Expansion Index (ASTM D4829) Each 150.00 OTHERS DIRECT CHARGES (ODCs) 425 One Dimensional Swell/Settlement (ASTM D4546) Each 150.00 426 California Bearing Ratio (CBR) (3 points) (ASTM D1883, AASHTO T193) Each 600.00 Rnd-Trip Quote 427 Direct Shear Test (per point)(ASTM D3080, AASHTO T236) Each 94.00 Mile Quote 428 Unconfined Compressive Strength (ASTM D2166, AASHTO T208) Each 94.00 Each-Day Quote 429 One Dimensional Consolidation (ASTM D2435, AASHTO T216) Each 150.00 Hourly Quote 430 Remolding Soil Sample (ARIZ 249) Each 38.00 431 Field Percolation Test (ASTM D3385) Each Quote Rush Status Premium (Applied to Laboratory Test Unit Rates), or Per Contract Multiplier 1.50 432 Clay Lumps & Friable Particles in Aggregates (ASTM C142, AASHTO T112) Each 96.00 433 Collapse Potential of Soils (ASTM D5333) Each 150.00 CONCRETE AND MASONRY (Laboratory Testing) 434 Lightweight Pieces in Aggregate (ASTM C123, AASHTO T113) Each 150.00 301 Compressive Strength, Cylindrical Specimen (ASTM C39, AASHTO T22) Each 18.00 435 Triaxial Shear Test (ASTM D7181/4767/2850, AASHTO T297/T296 ) Each Quote 302 Flexural Beam Testing (ASTM C78, AASHTO T97) Each 40.00 436 Durability Index (ASTM D3744) Each Quote 303 Obtain Concrete Cores (ASTM C42, AASHTO T24) Each LABOR 437 Organic Impurities (ASTM C40) Each 225.00 304 Trim Concrete Specimen Each 9.00 438 Compressive Strength of CTB or Soil Cement Specimen (ARIZ 241a) Each 94.00 305 Masonry Grout Prisms, Compressive Strength (ASTM C1019) Each 22.00 439 Organic Matter (LOI) Each 50.00 306 Mortar Cubes, Compressive Strength (ASTM C109) Each 22.00 440 Sulfate & Chloride Each 80.00 307 Mortar Cylinders, Compressive Strength (ASTM C780) Each 22.00 441 Unit Weight & Voids in Aggregate (ASTM C29, AASHTO T19) Each 110.00 308 CMU, Net Area/Absorption (ASTM C 140) Each 57.00 309 CMU, Compressive Strength (ASTM C140) Each 48.00 ASPHALT MIXTURES (Laboratory Testing) 310 CMU, Full Set (6 CMU Total)(ASTM C140) Set 320.00 501 Core Bulk Specific Gravity/Thickness (ASTM D2726, AASHTO T166) Each 20.00 311 Masonry Prism, Grouted, Compressive Strength (ASTM C1314) Each 110.00 502 Core Bulk Specific Gravity/Thickness (Coated) (ASTM D1188, AASHTO T275) Each 38.00 312 Masonry Prism, Ungrouted, Compressive Strength (ASTM C1314, C140) Each 110.00 503 Drill AC Cores (up to 8" thickness) Each 30.00 313 Shotcrete Panel Core, Compressive Strength (ASTM C42, C39, AASHTO T22, T24) Each 57.00 504 Ignition Oven - Calibration (per mix) (ASTM D6307, AASHTO T308) Each 699.00 314 Concrete Floor Moisture Vapor Emission Rate Each 35.00 505 Ignition Oven - Asphalt Cement Content (ASTM D6307, AASHTO T308) Each 125.00 315 Concrete Mix Design Each Quote 506 Ignition Oven - Gradation (ASTM C136, AASHTO T27) Each 75.00 316 Measuring Length of Drilled Concrete Cores (AASHTO 148) Each 20.00 507 Marshall Specimen Bulk Density (ASTM D6926, D2726, AASHTO T245) Set of 3 150.00 508 Marshall Stability & Flow (ASTM D6927) Set of 3 18.00 SOIL & AGGREGATE (Laboratory Testing) 509 Maximum Specific Gravity of HMA Mixture (ASTM D2041, T209) Set of 3 155.00 401 Bulk Density & Voids (ASTM C29, AASHTO T19) Each 57.00 510 Gyratory Compaction (ASTM D6925, D2726, AASHTO T312, T166) Set of 2 190.00 402 Flakiness Index (ARIZ 233C) Each 95.00 511 Nuclear Asphalt Content Gauge - Calibration (ASTM D4125, T287) Each 750.00 403 Flat & Elongated Particles in CA (ASTM D4791) Each 112.00 512 Moisture Induced Damage of HMA (TSR) (ASTM D4867, AASHTO T283) Set of 6 550.00 404 Fractured Particles in CA (Fractured Faces) (ASTM D5821) Each 97.00 513 Asphalt Concrete Mix Design Each Quote 405 Abrasion of Coarse Aggregate (LA) (ASTM C131, AASHTO T96) Each 225.00 514 Quantitative Extraction of Hot Mix Asphalt (HMA)(ASTM D2172, AASHTO T164) Each Quote 406 Sulfate Soundness of Aggregates (ASTM C88, T104) Each 320.00 407 Uncompacted Voids of Fine Aggregate (ASTM C1252, AASHTO T304) Each 93.00 408 Moisture Determination (ASTM C566, D2216, D4944, AASHTO T265, T217) Each 18.00 409 In-Situ Moisture / Unit Wt. (ring sample) (ASTM D2216, AASHTO T265) Each 36.00 All Direct Labor Positions and related Billing Rates are developed on a case by case basis, depending on the specific scope and contract structure. All Laboratory Testing Unit Rates are defined below. Vehicle and ODC Billing Rates are developed on a case by case basis for the specific contract. We Make Quality Our Business 175 S. Hamilton Place Bld 6, Ste 114 Gilbert, AZ 85233 (480)496-2000, (480)496-2001 FAX www.qt-az.com CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE (for 2017-2018 COP Soils & Materials Testing On-Call Services Contract) CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE (Effective June 2022) Page 1 of 2 Z:\Shared Folders\Business Development\Opportunity Tools\000 - General Fee Schedules\220601 QT FEES & DIRECT COST SCHEDULE (June 2022) DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 UNIT RATE ($) UNIT RATE ($) ASPHALT CEMENT (Laboratory Testing) EMULSIONS & CUTBACK ASPHALT (Laboratory Testing) 601 PG Verification (AASHTO M320) Each 980.00 701 Emulsion Verification, RS-1, RS-2, SS-1, SS-1h (ASTM D977, AASHTO M140) Each 1130.00 602 PG Classification (AASHTO R29) Each 1200.00 702 Emulsion Verification, HFRS-2 (ASTM D977, AASHTO M140) Each 1130.00 603 Dynamic Shear Rheometer (ASTM D7175, AASHTO T315) Each 230.00 703 Emulsion Verification, QS-1H (ASTM D977, AASHTO M140) Each 1050.00 604 Dynamic Shear Rheometer, Temp Sweep (ASTM D7175, AASHTO T315) Each 300.00 704 Emulsion Verification, CRS-1, CRS-2, CSS-1, CSS-1h (ASTM D2397, M208) Each 1130.00 605 Bending Beam Rheometer (ASTM D6648, AASHTO T313) Each 300.00 705 Emulsion Verification, CQS-1h (ASTM D2397, AASHTO M208) Each 1050.00 606 Bending Beam Rheometer with RTFO/PAV Aging Each 600.00 706 Emulsion Verification, CQS-1h (MAG 713) Each 1130.00 607 Bending Beam with Physical Hardening (ASTM D6648, AASHTO T313) Each 490.00 707 Identification of Cationic Slow Setting Emulsion (AASHTO T59) Each 150.00 608 Rotational Viscosity (ASTM D4402, AASHTO T316) Each 110.00 708 Identification of Cationic Slow Setting Emulsion (AASHTO T59, Section 27) Each 300.00 609 Rotational Viscosity, (ASTM D2994, ASTM D4878/D5018) Each 150.00 709 Emulsified Asphalt/Aggregate Coating (AASHTO T59) Each 150.00 610 Rotational Viscosity, Temp Sweep 3 Points (ASTM D4402, AASHTO T316) Each 260.00 710 Residue by Evaporation (ARIZ 512, AASHTO T59) Each 110.00 611 Rotational Viscosity, Temp Sweep 4 Points (ASTM D4402, AASHTO T316) Each 300.00 711 Residue by Evaporation (ASTM D2393, CT331) Each 190.00 612 Pressure Aging Vessel (ASTM 6521, AASHTO R28) Each 230.00 712 Residue by Evaporation, Low Temperature (ASTM D7497) Each 300.00 613 Rolling Thin Film Oven (ASTM D2872, AASHTO T240) Each 150.00 713 Residue and Oil Distillate by Distillation (ASTM D244, AASHTO T59) Each 260.00 614 Rolling Thin Film Oven with Mass Loss (ASTM D2872, AASHTO T240) Each 190.00 714 Vacuum Distillation of Emulsion (ARIZ 504) Each 230.00 615 Multiple Stress Creep Recovery (MSCR) (ASTM 7405, AASHTO T350) Each 450.00 715 Density of Emulsified Asphalt (ASTM D6837, AASHTO T59) Each 150.00 616 Absolute Viscosity (140ºF, 60ºC) (ASTM D2171, AASHTO T202) Each 110.00 716 Low Temperature Distillation (ASTM D244, AASHTO T59) Each 315.00 617 Kinematic Viscosity (275ºF, 135ºC or 140ºF, 60ºC) (ASTM D2170, AASHTO T201) Each 150.00 717 Float Test (ASTM D139) Each 150.00 618 Ductility of Bituminous Materials (ASTM D113, AASHTO T51) Each 150.00 718 Distillate Fraction on Cutback (ASTM D402, AASHTO T78) Each 340.00 619 Elastic Recovery (ASTM D6084, AASHTO T301) Each 150.00 719 Demulsibility (ASTM D244, AASHTO T59) Each 150.00 620 Flash & Fire Point, Cleveland Open Cup, (ASTM D92, AASHTO T48) Each 110.00 720 Cement Mixing Test (ASTM D6935) Each 150.00 621 Flash & Fire Point, Cleveland Open Cup, co-polymer product (ASTM D92, AASHTO T48) Each 150.00 721 Coating (SE214) (AASHTO T59) Each 80.00 622 Penetration (@ Temperatures other than 77ºF; 25ºC) (ASTM D5, AASHTO T49) Each 115.00 722 High Float Emulsion Verification (ASTM D977, AASHTO M140) Each 1200.00 623 Penetration (@ 77ºF; 25ºC) (ASTM D5, AASHTO T49) Each 110.00 723 Particle Charge (ASTM D244, AASHTO T59) Each 110.00 624 Penetration Grade (PG) Asphalt Verification (AASHTO M20) Each 750.00 724 pH Determination (ASTM D1293) Each 110.00 625 Softening Point of Bitumen (Ring & Ball) (ASTM D36, AASHTO T53) Each 110.00 725 Saybolt Furol Viscosity (ASTM D88, AASHTO T72) Each 150.00 626 Specific Gravity of Binder (ASTM D70, AASHTO T228) Each 110.00 726 Settlement, 5-Day (ASTM D244, AASHTO T59) Each 230.00 627 Solubility of Asphalt Materials in Tricloroethylene (ASTM D2042, AASHTO T44) Each 190.00 727 Sieve Test (ASTM D244, AASHTO T59) Each 110.00 628 Water in Petroleum Products (ASTM D95, AASHTO T55) Each 300.00 728 Storage Stability, 1-Day (ASTM D244, AASHTO T59) Each 190.00 629 Flash & Fire Point, Tag Open Cup (ASTM D3143, AASHTO T79) Each 110.00 729 Resistance to Water (ASTM D2939) Each 300.00 730 Resistance to Freezing (ASTM D2939) Each 190.00 ASPHALT RUBBER (Laboratory Testing) 731 Resistance to Heat (ASTM D2939) Each 300.00 650 Brookfield Viscosity (ASTM D2994 or ASTM D5018) Each 150.00 732 Resistance to Kerosene (ASTM D2939) Each 530.00 651 Brookfield Viscosity Crack Sealant (ASTM D2196) Each 190.00 733 Freezing (ASTM D6929, AASHTO T59) Each 190.00 652 Rotational Viscosity (ASTM D4402, AASHTO T316) Each 110.00 734 Extraction for AC Content (AASHTO T164) Each 300.00 653 Resilience (ASTM D5329) Each 110.00 735 Abson Recovery (ASTMD1856, D2172, AASHTO T164) Each 625.00 654 Specific Gravity of Crumb Rubber (ASTM D1817, CT208) Each 230.00 736 Wet Track Abrasion, 1-Hour (ASTM D3910/ISSA TB100) Each 280.00 655 Bulk Density of Crumb Rubber Each 190.00 737 Wet Track Abrasion, 6-Day (ASTM D3910/ISSA TB100) Each 350.00 656 Crumb Rubber Gradation (ASTM C136) Each 110.00 738 Monolayer Loaded Wheel Test (ISSA TB109) Each 255.00 657 Haake Viscosity (ASTM D7741) Each 110.00 739 Wet Cohesion Test (ISSA TB109) Each 55.00 658 Cone Penetration (ASTM D5329, AASHTO T59) Each 110.00 OTHER 803 Bituminous Distributer Truck Transverse Spread Rate (ARIZ 411) Each 950.00 820 Steel (Bars) / Tension, Elongation, Strength (ASTM A615, ASTM A706) Each 120.00 821 Steel (Bars) / Bend Test (ASTM A615, ASTM A706) Each 120.00 822 Steel (Strand/Wire/Cable) / Tension, Elongation, Strength (ASTM A416) Each 150.00 We Make Quality Our Business 175 S. Hamilton Place Bld 6, Ste 114 Gilbert, AZ 85233 (480)496-2000, (480)496-2001 FAX www.qt-az.com CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE (for 2017-2018 COP Soils & Materials Testing On-Call Services Contract) CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE (Effective June 2022) Page 2 of 2 Z:\Shared Folders\Business Development\Opportunity Tools\000 - General Fee Schedules\220601 QT FEES & DIRECT COST SCHEDULE (June 2022) DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 FEE SCHEDULE CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION & INSPECTION SERVICES The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: DATE: PROFESSIONAL DIRECT LABOR HOURLY RATE Principal Project Manager 2-Man Survey Crew Survey Technician Adminstrative Assistant 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 SUBCONSULTANT – Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD % PROFIT 10% • Overhead and profit can only be paid on the straight time, not the overtime __________________________________________ Firm Signature Title Date Contract No. 2022-052 EPS Group, Inc. 06/07/22 28.13 59.50 56.50 50.08 31.25 149.66 EPS Group, Inc. CFO 06/07/22 revised 06/30/22 Mileage Current GSA Rate DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 FEE SCHEDULE CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION & INSPECTION SERVICES The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: LOGAN SIMPSON DESIGN INC. DATE: 06/06/2022 PROFESSIONAL DIRECT LABOR HOURLY RATE Principal Landscape Architect $72.00 Senior Landscape Architect $42.00 Senior Biologist $39.50 Biologist/CWA Permitting Specialist $30.00 Field Biologist $23.00 Senior Permitting Specialist $41.00 Senior Environmental Planner $35.00 Environmental Planner $28.00 Senior GIS Analyst $38.00 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 – Company Vehicle at current Federal Rate Mileage – Personal Vehicle at current Federal Rate SUBCONSULTANT – Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD 145.50% PROFIT 10% • Overhead and profit can only be paid on the straight time, not the overtime Logan Simpson Design Inc. Firm Signature Principal Title 06/06/2022 Date DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 FEE SCHEDULE CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION & INSPECTION SERVICES The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: AL FIELD & ASSOCIATES PROFESSIONAL Project Utility Coordination Manager Project Manager Project Engineer Technician Secretary/Clerical DIRECT AND OUTSIDE EXPENSES DATE: JUNE 20, 2022 DIRECT LABOR HOURLY RATE $72.00 • With prior approval from the Maricopa County Department of Transportation, all additional direct and outside expenses will be reimbursed at cost. UNIT COST Mileage CURRENT GSA RA TE SUBCONSUL TANT -Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD PROFIT Al Field & Associates Firm Signature 44.485% 10% rofit can only be paid on the straight time, not the overtime President, Utility Coordination Manager Title June 20, 2022 Date Contract No. 2022-052 DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2 Contract No. 2022-052 FEE SCHEDULE CONTRACT NO. 2022-052 ON CALL CONSTRUCTION ADMINISTRATION & INSPECTION SERVICES The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or sub consultant costs as required by the Scope of Work. All sub consultants must submit a Fee Schedule. COMPANY NAME: CENTRAL CREATIVE DATE: JUNE 6, 2022 PROFESSIONAL DIRECT LABOR HOURLY RATE Public Involvement Manager $57.69 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 Current GSA Rate SUBCONSULTANT – Subconsultants must also submit a Fee Schedule. List Firm Names of all Subconsultants here. OVERHEAD 125% PROFIT 10% • Overhead and profit can only be paid on the straight time, not the overtime Central Creative____________________________ Firm Signature Principal and Owner Title June 9, 2022 Date DocuSign Envelope ID: 7F0ED571-A593-4CA4-9198-267C38CE8EA2