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TERM ENGINEERING SERVICES CONTRACT
SERIAL NO. 20006-ROQ
Term Civil Engineering and Land Surveying Services
Page 1
PSOMAS
ENGINEERING SERVICES CONTRACT (TERM)
MARICOPA COUNTY, ARIZONA
Term Civil Engineering and Land Surveying Services
FOR PROFESSIONAL SERVICES
Office of Procurement Services
Serial # 20006-ROQ
Contract # 20006-ROQ
C-73-________________
Facilities Management Department
MARICOPA COUNTY, ARIZONA
3 YEAR TERM
ENGINEERING SERVICES CONTRACT
TERM ENGINEERING SERVICES CONTRACT
SERIAL NO. 20006-ROQ
Term Civil Engineering and Land Surveying Services
Page 2
Table of Contents
RECITALS
4
SECTION I - ENGINEER'S BASIC SERVICES
4
SECTION II - PERIOD OF SERVICE
5
SECTION III - REIMBURSABLE EXPENSES
6
SECTION IV - COUNTY RESPONSIBILITIES
7
SECTION V - COMPENSATION AND PAYMENTS
7
SECTION VI - PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
8
SECTION VII - ENGINEER'S ACCOUNTING RECORDS
9
SECTION VIII - TERMINATION OF AGREEMENT
9
SECTION IX - OWNERSHIP OF DOCUMENTS
9
SECTION X - GENERAL CONSIDERATIONS
9
SECTION XI – INDEMNIFICATION AND INSURANCE
10
SECTION XII - SUCCESSORS AND ASSIGNS
12
SECTION XIII - NO KICK-BACK
13
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
13
SECTION XV - INDEPENDENT CONTRACTOR
13
SECTION XVI - CONFLICTS
14
SECTION XVII - CONTINGENCY FEE
14
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
14
SECTION XIX - COMPLIANCE WITH LAWS
14
SECTION XX - SEVERANCE
15
SECTION XXI - JOINT PREPARATION
15
SECTION XXII - PRIORITY OF PROVISIONS
15
SECTION XXIII - APPLICABLE LAW AND VENUE
15
SECTION XXIV - AMENDMENTS
15
SECTION XXV - PRIOR AGREEMENTS
15
SECITON XXVI - DRUG-FREE WORKPLACE
16
SECTION XXVII - INCORPORATION BY REFERENCE
16
SECTION XXVIII - LEGAL WORKER REQUIREMENTS
16
SECTION XXIX – ATTACHMENTS
16
SECTION XXX - NOTICES
16
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
17
SECTION XXXII - CONTRACT EXECUTION
18
SECTION XXXIII- UNIFORM ADMINISTRATIVE REQUIREMENTS:
18
TERM ENGINEERING SERVICES CONTRACT
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EXHIBIT A - PROJECT SERVICES
20
I - GENERAL
20
II - PRE-DESIGN SERVICES PHASE
20
III - SCHEMATIC DESIGN PHASE
20
IV - DESIGN DEVELOPMENT PHASE
21
V - CONSTRUCTION DOCUMENTS PHASE
21
VI - QUALITY ASSURANCE/QUALITY CONTROL
22
VII - BIDDING PHASE
23
VIII - CONSTRUCTION PHASE
23
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES
25
X - OPERATION AND MAINTENANCE MANUAL(s)
26
EXHIBIT B – HOURLY RATES
28
EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM
PARTICIPATION REPORTING FORM
29
EXHIBIT D - LEGAL WORKER CERTIFICATION
30
EXHIBIT E
31
ALTERNATIVE DISPUTE RESOLUTION
31
TERM ENGINEERING SERVICES CONTRACT
SERIAL NO. 20006-ROQ
Term Civil Engineering and Land Surveying Services
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA, AND Psomas
FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA hereinafter
called the "COUNTY" or “OWNER” and Psomas; hereinafter called the "ENGINEER.”
RECITALS
A. Pursuant to Arizona Revised Statutes § 11-251(8) and § 34-102, the Board of Supervisors has the authority
to enter into contracts for the construction of such buildings and structures are necessary, and for alterations
thereto, and for the employment of ENGINEERS as warranted by the type of construction.
B. The COUNTY proposes to engage the service of an engineering firm to perform certain engineering and
engineering services for the COUNTY on an “on-call” or "as needed" basis. This Agreement is intended to
cover performance by the ENGINEER under individual Task Orders. The terms of this Agreement and a
Task Order govern the ENGINEER’s work unless the ENGINEER and the COUNTY agree otherwise n
writing.
C. The COUNTY may require drawings, plans, specifications, cost estimates, construction administration, and
other engineering services, and the ENGINEER is willing to prepare such drawings, plans, specifications,
cost estimates, provide construction administration, and perform other engineering services under this
Agreement as may be required by the COUNTY.
D. The COUNTY desires to contract with the ENGINEER for the preparation of such drawings, plans,
specifications, cost estimates, construction administration, and other engineering services on such terms and
conditions as hereinafter follows:
E. NOW THEREFORE, on consideration of the premises and the mutual promises herein contained, the
COUNTY and the ENGINEER agree as follows:
SECTION I - ENGINEER'S BASIC SERVICES
A. GENERAL
1. The ENGINEER shall prepare drawings, plans, and specifications and cost estimates according to the
direction and designated standards of the COUNTY. Also, in consideration of the fee hereinafter stated,
the ENGINEER agrees to perform contract administration, inspection services and other engineering
services on the PROJECT as described in this Section. It is understood and agreed that the County’s
authorized Administration for the PROJECT shall be the Director of Facilities Management
Department, or designee.
2. The ENGINEER shall review the requirements of the PROJECT as outlined by the COUNTY. Prior to
performance of any services under this Agreement, the ENGINEER and his consultants shall meet with
the authorized COUNTY personnel to review the scope and nature of the work to be performed.
3. The ENGINEER shall be responsible for providing written minutes of all PROJECT meetings that occur
during the course of this work under this Agreement, which are attended by the ENGINEER or his
representative and by the representatives of the COUNTY. A copy of these minutes shall be sent to, and
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received by, the COUNTY no later than three (3) working days after the meeting date. The ENGINEER
will be responsible for final publishing and distributing of meeting minutes as directed by the COUNTY.
4. The ENGINEER will meet with the COUNTY and representatives of appropriate jurisdictional agencies
to review the requirements of the project and the solutions proposed by the ENGINEER at times
appropriate to the PROJECT. At no time shall the ENGINEER meet with jurisdictional agencies without
prior consent or attendance of COUNTY representatives.
5. The ENGINEER shall be responsible for and provide all special inspections required for the project.
6. The ENGINEER may be required to coordinate with the COUNTY and its designated workstation
supplier for the design and provisions for installation of open office workstations. This work may
include but is not limited to: layout of workstations per COUNTY standards, providing backgrounds on
AutoCAD to the supplier for shop drawing purposes, coordination with the electrical systems of the
building, and provision in the specifications for installation of COUNTY supplied workstations by the
Contractor.
7. As a part of basic services, the ENGINEER will produce record drawings from the marked-up plans
prepared by the Contractor. Record drawings shall be submitted on CD discs as required by the
COUNTY containing the complete drawings in a pdf electronic format that is 100% compatible with
AutoCAD, references bound.
8. Typical project services are listed in attached Exhibit A. The compensation method shall be determined
on a project by project basis, utilizing Exhibit B (“Hourly Rates”) for reference only.
SECTION II - PERIOD OF SERVICE
A. The initial contract shall be in effect for no longer than Three (3) calendar years from the date of approval
by the Maricopa County Board of Supervisors. If work is underway under the terms of this contract at the
time of the expiration date, the contract expiration date shall be extended to the date for completion of
services underway. Furthermore, by mutual written agreement between the County and ENGINEER, this
contract may be extended for a period of Two (2), One (1) year period(s). The total term of this contract,
including all extension periods, shall not exceed five (5) years.
B. Based upon the mutually agreed scope of work for a project, the ENGINEER shall submit to the COUNTY
an anticipated schedule for completion of each phase of the project. The ENGINEER will be required to
complete total design phase basic and additional services as required within the total allotment of time.
C. The time required by the COUNTY, or its designee or regulatory agencies, for reviews or approvals shall be
included in the allotted calendar days for Design phase and shall be considered to be included in each project
schedule. ENGINEER revisions, additions and corrections required by the COUNTY through its review of
each phase's first document submittal, shall be required as part of the work of each subsequent phase if
applicable. A time extension will not be granted during such phase for these document modifications.
Construction document revisions as required by regulatory agencies and the COUNTY shall be
accomplished by the ENGINEER within the stated period for that phase.
D. The ENGINEER shall provide construction administration services from the date of construction contract
award through the PROJECT construction period and final written acceptance of the PROJECT by the
COUNTY regardless of the project delivery method selected. For purposes of this contract, the PROJECT
shall be completed when the building(s) and related warranty work is accepted in writing by the COUNTY.
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E. The ENGINEER may be required to provide reviews and reports during the one-year post construction
warranty period. The one-year period shall be in addition to the total design and construction periods of
service.
SECTION III - REIMBURSABLE EXPENSES
A. Reimbursable expenses are additional compensation for Basic and Additional Services that include actual
expenditures made by the ENGINEER, his employees, or his professional consultants in the interest of the
Project and have the specific prior written approval of the COUNTY. The ENGINEER hereby agrees that
no reimbursable expense shall be incurred, nor requested for payment, without the ENGINEER having
obtained prior written approval of the COUNTY. The COUNTY is under no obligation to pay the
ENGINEER for such expenses without evidence of the COUNTY’S written consent prior to the ENGINEER
incurring such expenses. Reimbursable expenses may be approved for:
1. Printing costs by a non-COUNTY contracted printing service vendor according to Subsection C below,
if requested by the COUNTY for additional plan review sets or for bidding purposes.
2. Permit fees if levied by an authorized regulatory agency and paid directly by the ENGINEER with the
COUNTY’S permission.
3. Approved travel expenses where travel is required as part of the project scope shall be billed by
ENGINEER only for those travel expenses that are in compliance with the Federal Travel Regulation,
CFR Chapter 300-304, as applicable. All out of state travel expenses must be pre-approved by the
County in writing.
B. Costs associated with normal office supplies and equipment expenses shall not be considered as Additional
Reimbursable Expenses paid by the COUNTY as these costs shall be considered as normal overhead and
operating costs which are factored into the ENGINEER’s fee. Normal overhead and operating costs shall
include but are not limited to:
1. Paper, pens, pencils, copier supplies, and computer media.
2. Drafting supplies tools & equipment.
3. Telephone and facsimile equipment, rental & toll charges.
4. Office rental, utility, and other overhead expenses.
5. Plan and specification reproduction costs for CONSULTING review purposes.
6. Postage and delivery costs.
7. Use or rental of computer equipment or related supplies.
8. Overtime work necessary to meet deadlines stipulated within the COUNTY’s Notice to Proceed.
C. Unless specifically authorized in writing in advance as part of the approve scope of work, the COUNTY will
not pay for any of the following expenses of the ENGINEER:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the ENGINEER or its sub-consultants to attend project related meetings located
within the State of Arizona.
3. Meal costs for employees of ENGINEER or its sub-consultants whether or not employees of the
COUNTY are in attendance for meetings or other gatherings related to project work for the COUNTY,
except where authorized in writing in advance for out-of-state consultants/sub-consultants traveling to
Arizona or out of state travel related to the assignment.
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D. Unless specifically authorized in writing, the ENGINEER shall use the COUNTY contracted printing vendor
for all reproduction work if copies are required by the COUNTY in addition to the review document sets
required elsewhere in this Agreement.
E. The ENGINEER shall accompany each payment request for Reimbursable Expenses with a copy of the
original vendor invoice for any and all Reimbursable Expense costs. The COUNTY reserves the right to
reject any and all requests for payment of Reimbursable Expenses costs where no invoice or receipt is
attached.
F. The ENGINEER shall only be paid the actual amount charged to the ENGINEER by the original vendor for
Reimbursable Expenses.
G. Refer to Exhibit “B” for hourly billing rates for ENGINEER staff and sub-consultants.
SECTION IV - COUNTY RESPONSIBILITIES
A. The COUNTY shall provide the following:
1. Review of documents submitted by the ENGINEER.
2. Sufficient copies, electronic access or electronic files of all COUNTY forms required to be completed
by the ENGINEER as described in this Agreement.
3. Response to the ENGINEER's written request for decisions within a reasonable amount of time, such
time being appropriate to the request.
4. The necessary staff for consultation with the ENGINEER during program review, schematic, design
development and construction document phases in order to identify problems, needs and other functional
aspects of the PROJECT.
5. Staff for consultation with the ENGINEER and Contractor during the course of construction.
6. Periodic updates on the progress of reviews and requests for information, progress of submittals and
deliveries of equipment and furniture to be supplied by the COUNTY.
7. All required fees for securing approvals from governmental and other agencies having lawful
jurisdiction over the design of the PROJECT. The COUNTY will pay such fees directly to said
jurisdictional authorities.
B. THE CONSTRUCTION BUDGET. The COUNTY shall monitor both ENGINEER and Contractor
performance during the period of performance of the ENGINEER’s services under this Agreement. The
COUNTY's monitoring of the ENGINEER'S and Contractor's performance shall be solely for the
information of the COUNTY and shall not be construed to abridge, limit, supplement, or modify the
ENGINEER'S duties and responsibilities to provide the usual and customary basic engineering services,
including, but not limited to, the services and duties specifically described in this Agreement.
SECTION V - COMPENSATION AND PAYMENTS
A. The ENGINEER shall be compensated for contracted services that have been authorized in writing by the
COUNTY. The ENGINEER shall be compensated on an hourly fees basis in accordance with those items
listed in Exhibit B – Hourly Rates.
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B. All engineering service requests for payment shall be submitted to the COUNTY for review in electronic
format and approval and must be accompanied by a detailed invoice as required by the COUNTY. A detailed
invoice shall include copies of all related invoices and substantiating receipts; a completed SBE reporting
form; and/or other documentation for any charges incurred. Where pre-authorization is required by the
County, a copy of the written pre-authorization of the County will be included with the invoice where those
charges are submitted.
1. Invoices shall be submitted to: FMD-AccountsPayable@mail.maricopa.gov with all required
supporting documentation. Invoices should not be hand-delivered, mailed or otherwise transmitted.
C. The ENGINEER's fee for contract administration services shall be due and payable monthly during the
progress of the construction work, and shall be contingent upon receipt of ENGINEER's field reports.
D. The ENGINEER shall be limited to a maximum total fee of Two Million Dollars and no cents
($2,000,000.00) for all work on all projects assigned under this Agreement during the term of this contract.
This shall include fees for both basic, additional services, and reimbursable expenses for all projects assigned
to the ENGINEER during the term of the contract.
E. Payment for additional services as authorized by the COUNTY shall be made upon completion of the
additional services and upon receipt of a detailed invoice and request for payment.
F. If the PROJECT is abandoned or suspended in whole or in part, for a period of more than 180 days through
no fault of the ENGINEER, the ENGINEER is to be paid for the services actually performed in accordance
with ARS Section 34-104.F, but not for any services not actually performed.
G. No deductions shall be made from the ENGINEER's compensation on account of retainage withheld from
payments to Contractors.
SECTION VI - PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
A. Until such time as construction bids have been received for the PROJECT, the ENGINEER shall treat the
PROJECT Construction Budget and all estimates of construction cost as confidential information. Under
no circumstances shall the ENGINEER cause the publication of the PROJECT Construction Budget or
construction cost estimates or reveal same to anyone other than authorized COUNTY personnel.
B. To help ensure that the PROJECT is under budget, the ENGINEER shall include, as part of the bid package,
additive alternates which represent up to 10 percent of the PROJECT construction budget and do not
materially affect the basic function, operation, or design intent of the facility. The ENGINEER will identify
and make recommendations on the various alternates, but acceptance of any or all of the alternates will be
the sole responsibility of the COUNTY.
C. The successful construction bid as herein referenced, means the bid amount submitted by the Contractor
actually awarded the PROJECT by the Board of Supervisors and shall include the cost for all work designed
or specified by the ENGINEER.
D. Over-Budget Bids. In the event a PROJECT is bid and the lowest responsible bid is higher than the
COUNTY construction budget amount for the specific project, the COUNTY may reject all bids or
appropriate such additional moneys as are necessary to award the bid. In the event the COUNTY elects to
reject all bids, the COUNTY may direct the ENGINEER to revise the drawings, plans, and specifications at
no additional expense to the COUNTY in order to obtain a bid for construction not exceeding the
construction budget amount.
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SECTION VII - ENGINEER'S ACCOUNTING RECORDS
A. Records of the ENGINEER's direct personnel payroll, and reimbursable expense pertaining to the PROJECT
and accounts between the COUNTY and ENGINEER shall be kept on a generally recognized accounting
basis for a period of no less than nine years after final completion of the PROJECT and shall be available to
the COUNTY (on reasonable notice) for examination during normal business hours.
SECTION VIII - TERMINATION OF AGREEMENT
A. The COUNTY and the ENGINEER hereby agree to the full performance of the covenants herein, except
that the COUNTY reserves the right, at its discretion, to terminate or abandon the service provided for in
this Agreement, or abandon any portion of the ENGINEER's services or portion of the PROJECT for which
services have been performed by the ENGINEER.
B. In the event the COUNTY shall abandon the services, or any part of the services, as herein provided, the
COUNTY shall notify the ENGINEER in writing, and immediately after receiving such notice, the
ENGINEER shall discontinue advancing the work under this Agreement. Notification shall be made in
writing to the ENGINEER's principal place of business.
C. Upon such termination or abandonment, the ENGINEER shall appraise the work completed and submit his
appraisal to the COUNTY for evaluation. The COUNTY shall have the right to inspect the ENGINEER’s
work to appraise the work completed.
D. Except when terminated for delinquency, insolvency, or non-compliance with the terms of this Agreement,
the ENGINEER shall receive as compensation for services performed to the date of such termination, a fee
for the percentage of the ENGINEER's services as provided in this Agreement under Section V, and that fee
shall be in the amount to be agreed mutually by the ENGINEER and the COUNTY. If there is no mutual
agreement, the COUNTY will use the same method used for "Additional Services" as a guide in the final
determination. In no event, however, shall the fee exceed that set forth in Section VI of this document. The
ENGINEER will not be paid for any services not actually performed.
SECTION IX - OWNERSHIP OF DOCUMENTS
A. The ENGINEER may retain ownership of original drawings, plans, specifications, and related documents;
however, the COUNTY shall have ownership of the reproducible, specifications and other contract
documents as referred to in Section I, paragraph 3, and Section I, paragraph 6, which are to be delivered to
the COUNTY before the final payment is made to the ENGINEER. The COUNTY will not reuse, alter or
modify these reproducibles for other construction projects without first soliciting consultation from the
ENGINEER. In the event such documents are used without further consultation from the ENGINEER, the
COUNTY agrees to hold the ENGINEER harmless from any claim arising from the reuse of these documents
for subsequent construction work.
SECTION X - GENERAL CONSIDERATIONS
A. The use of words "he,” "himself,” "his,” or other terms of masculine gender are intended to apply to both
genders, whether male or female.
B. All services provided by the ENGINEER under this Agreement shall be performed by employees, agents or
Consultants of the ENGINEER who are experienced and skilled in their profession and shall be performed
in accordance with the standards of care and workmanship in their profession. The ENGINEER's findings,
recommendations and professional advice shall be based on practices and procedures customarily applied in
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his profession. The ENGINEER shall be solely responsible for the completeness and accuracy of his
drawings, plans, specifications, supporting data and documents prepared or complied by either his staff or
his Consultants in fulfillment of this Agreement.
C. The ENGINEER shall make no agreements with his Consultants which abridge, modify or conflict with the
requirements of this Agreement.
D. The ENGINEER shall require each Consultant, by an appropriate written agreement, of the extent of the
services to be performed by the Consultant on the PROJECT, to be bound to the ENGINEER by the terms
of this Agreement, and to assume toward the ENGINEER all the obligations and responsibilities which the
ENGINEER, by this Agreement, assumes with the COUNTY. Said agreement shall preserve and protect
the rights of the COUNTY under this Agreement with respect to the services to be performed by the
Consultant so that the Consulting Services thereof will not prejudice such rights and shall allow to the
Consultant, unless specifically proved otherwise in the ENGINEER-CONSULTANT agreement, the
benefits of all rights, remedies and redress against the ENGINEER, that this ENGINEER, by this Agreement,
has against the COUNTY. Where appropriate, the ENGINEER shall require each Consultant to enter into
similar agreements with his sub-consultants. The ENGINEER shall make available to each proposed
Consultant prior to the execution of the ENGINEER-CONSULTANT written agreements, copies of this
Agreement to which the Consultant will be bound by this paragraph, and identify to the Consultant any terms
and conditions of the proposed ENGINEER-CONSULTANT written agreement which may be at variance
with this Agreement. Each Consultant shall similarly make copies of this Agreement available to his sub-
consultants.
E. During the course of PROJECT construction, should any defects be revealed which would adversely affect
the appearance or function of the PROJECT and which are the result of errors, omissions, or inconsistencies
in the drawings and specifications prepared by the ENGINEER, the ENGINEER shall, at his expense,
modify these drawings and specifications to resolve the defective conditions to the satisfaction of the
COUNTY without additional compensation.
SECTION XI – INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION - To the fullest extent permitted by law, ENGINEER 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, but not limited to, attorney fees, court costs,
expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have
resulted from the negligent, reckless, or intentionally wrongful acts, errors, omissions or mistakes of the
ENGINEER, his agents, representatives, employees, or consultants related to the performance of the
Contract. ENGINEER’s duty to defend, indemnify and hold harmless COUNTY, its agents, representatives,
officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of
property, including loss of use resulting therefrom, caused by the referenced acts, errors, omissions or
mistakes in the performance of this Contract including those made by any person for whose acts, errors,
omissions or mistakes ENGINEER may be legally liable.
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.
B. INSURANCE REQUIREMENTS - ENGINEER, at ENGINEER'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.
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1. 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.
2. ENGINEER’s insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
3. 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.
4. 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. ENGINEER shall be solely responsible for the deductible and/or self-
insured retention and COUNTY, at its option, may require ENGINEER to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of
credit.
5. 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 ENGINEER of any deficiencies in
such policies and endorsements, and such receipt shall not relieve ENGINEER from, or be deemed a
waiver of COUNTY’S right to insist on strict fulfillment of ENGINEER’s obligations under this
Contract.
6. 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.
7. 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 ENGINEER’S
work or service.
C. ENGINEER is required to procure and maintain the following coverages:
1. Commercial General Liability. Commercial General Liability insurance and, when necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Personal/Advertising Injury, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000
General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property
damage, and blanket contractual coverage, and shall not contain any provision that 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 necessary,
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 ENGINEER’s owned, hired, and
non-owned vehicles assigned to or used in performance of the ENGINEER’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 the ENGINEER’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.
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ENGINEER 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 ENGINEER pursuant to
this Agreement.
4. Errors and Omissions (Professional Liability) Insurance. Errors and Omissions (Professional
Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide
coverage for errors or omissions or professional liability of the ENGINEER, with limits of no less than
$2,000,000 for each claim.
D. COVERAGES
Commercial General Liability
$2,000,000 Each Occurrence
$2,000,000 Personal & Advertising Injury
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
Automotive Liability
$2,000,000 Each Occurrence
Workers’ Compensation
$1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
Errors and Omissions
$2,000,000 Each Claim
E. CERTIFICATES OF INSURANCE - Prior to commencing work or services under this Contract,
ENGINEER 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
ENGINEER’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.
1. 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 ENGINEER’S work or services
and as evidenced by annual Certificates of Insurance.
2. 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.
F. 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 XII - SUCCESSORS AND ASSIGNS
A. The COUNTY and the ENGINEER each binds himself, his partners, successors, assigns, and legal
representatives to the other party to this Agreement and to the partners, successors, assigns, and covenants
of this Agreement. Neither the COUNTY nor the ENGINEER shall assign, sublet, or transfer his interest in
this Agreement without the written consent of the other. In no event shall any contractual relation be created
by this Agreement between any third party and the COUNTY. In the event ENGINEER changes the name
of the firm to which this contract has been awarded, it is incumbent upon ENGINEER to request COUNTY
through the Procurement Officer to prepare the appropriate agreement to reflect the ENGINEER’s name
change. In the event ENGINEER chooses not to change its name for work accomplished through this
awarded contract, ENGINEER will issue all payments on the letterhead of the firm contracted with the
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COUNTY under this contract. Failure to comply may result in the invoices of ENGINEER being refused,
which will result in a delay of payment to ENGINEER at no additional cost to COUNTY.
SECTION XIII - NO KICK-BACK
A. The ENGINEER warrants that no person has been employed or retained to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Board of Supervisors, or any employee of Maricopa County has any interest, financial or
otherwise with the ENGINEER and his firm.
B. For breach or violation of this warrant, Maricopa County shall have the right to annul this Agreement without
liability, or at its discretion to deduct from the Agreement prior to consideration, the full amount of such
commission, percentage, brokerage, and contingent fee.
1. This Agreement and its Notice to Proceed and any addendums thereto shall be subject to ARS Section
38-511.
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
A. This Contract is made in accordance with and subject to the provision of all applicable laws, statutes,
ordinances, rules, regulations, executive orders and codes. To the extent required by applicable law, each
party hereto shall comply and require its Subcontractors and suppliers to comply with all then applicable
federal, state of Arizona and local nondiscrimination laws, rules, regulations, ordinances and executive
orders, including, without limitation, the Civil Rights Act of 1964, the Age Discrimination in Employment
Act and the Americans with Disabilities Act, as they may be amended, modified, codified, supplemented or
repealed from time to time.
B. It is Maricopa County’s policy to provide Small Business Enterprises (SBE) with the opportunity to
participate in the County’s solicitation process and to be considered to fulfill the requirements for various
commodities and services. This contract has no requirement for utilization of SBEs, however it does require
that utilization of SBE firms by ENGINEER be reported for tracking by the County. A full description of
the County’s SBE program and the contractual requirements are attached hereto and incorporated herein by
reference in Exhibit C.
C. CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09
supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at
the Governor of the State of Arizona’s website http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf
which is hereby incorporated into this contract as if set forth in full herein. During the performance of this
contract, CONTRACTOR shall not discriminate against any employee, client or any or any other individual
in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
SECTION XV - INDEPENDENT CONTRACTOR
A. ENGINEER is an independent ENGINEER under this Agreement. Services provided by ENGINEER
pursuant to this Agreement shall be subject to the supervision of ENGINEER. In providing such services,
neither ENGINEER nor its agents shall act as officers, employees, or agents of the COUNTY. This
Agreement shall not constitute or make the parties a partnership or joint venture. The COUNTY is not
responsible for any debt, default, act or omission of the ENGINEER.
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SECTION XVI - CONFLICTS
A. Neither ENGINEER nor its employees shall have or hold any continuing or frequently recurring employment
or contractual relationship that is substantially antagonistic or incompatible with ENGINEER’s loyal and
conscientious exercise of judgment related to its performance under this Agreement.
B. ENGINEER agrees that none of its officers or employees shall, during the term of this Agreement, serve as
an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a
party, unless compelled by court process. Further, ENGINEER agrees that such persons shall not give sworn
testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or
prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude ENGINEER or any other
persons from representing themselves in any action or in any administrative or legal proceeding.
C. In the event ENGINEER is permitted to utilize sub-consultants to perform any services required by this
Agreement, ENGINEER agrees to prohibit such sub-consultants, by written contract, from having any
conflicts within the meaning of this section.
SECTION XVII - CONTINGENCY FEE
A. ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ENGINEER, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working
solely for ENGINEER, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For a breach or violation of this provision,
COUNTY shall have the right to terminate this Agreement without liability at its discretion, or to deduct
from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
A. COUNTY and ENGINEER agree that each requirement, duty, and obligation set forth herein is substantial
and important to the formation of this Agreement and, therefore, is a material term hereof.
B. COUNTY’S failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall
not be deem a waiver of any subsequent breach and shall not be construed to be a modification of the terms
of this Agreement.
SECTION XIX - COMPLIANCE WITH LAWS
A. ENGINEER shall comply with all federal state, and local laws, codes, ordinances, rules, and regulations in
performing its duties, responsibilities, and obligations pursuant to this Agreement.
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SECTION XX - SEVERANCE
A. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the
remaining provisions shall continue to be effective unless COUNTY or ENGINEER elects to terminate this
Agreement. An election to terminate this Agreement based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
SECTION XXI - JOINT PREPARATION
A. The parties acknowledge that they have sought and received whatever competent advice and counsel as was
necessary for them to form a full and complete understanding of all rights and obligations herein and that
the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual
intent and the resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
SECTION XXII - PRIORITY OF PROVISIONS
A. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
SECTION XXIII - APPLICABLE LAW AND VENUE
A. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State
of Arizona. Venue for litigation or any proceedings concerning this Agreement shall be in Maricopa County,
Arizona.
SECTION XXIV - AMENDMENTS
A. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and ENGINEER.
B. All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County
Office of Procurement Services shall be responsible for approving all amendments for Maricopa County
SECTION XXV - PRIOR AGREEMENTS
A. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements,
and understandings applicable to the matters contained herein and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be effective unless
set forth in writing in accordance with Section XXIV above.
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SECITON XXVI - DRUG-FREE WORKPLACE
A. It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of
a drug free work place. Execution of this Agreement by ENGINEER shall serve, as ENGINEER’s required
certification that it either has or that it will establish a drug free work place.
SECTION XXVII - INCORPORATION BY REFERENCE
A. The truth and accuracy of each “Whereas” clause set forth herein is acknowledged by the parties. The
attached Exhibits are incorporated into and made a part of this Agreement.
SECTION XXVIII - LEGAL WORKER REQUIREMENTS
A. As required by Arizona Revised Statutes §41-4401, the COUNTY is prohibited after September 30, 2008
from awarding a contract to any service or construction ENGINEER who fails, or whose sub-contractors
fail, to comply with Arizona Revised Statutes § 23-214-A. The ENGINEER warrants that it complies fully
with all federal immigration laws and regulations that relate to its employees, that it shall verify, through the
employment verification pilot program as jointly administered by the U.S. Department of Homeland Security
and the Social Security Administration or any of its successor programs, the employment eligibility of each
employee hired after December 31, 2007, and that it shall require its sub-contractors and sub-sub-contractors
to provide the same warranties to the ENGINEER. The ENGINEER acknowledges that a breach of this
warranty by ENGINEER or by any sub-contractor or sub-sub-contractor under this Contract shall be deemed
a material breach of this Contract, and is grounds for penalties, including termination of this Contract, by
Maricopa County. Maricopa County retains the right to inspect the records of any ENGINEER, sub-
contractor and sub-sub-contractor employee who performs work under this Contract, and to conduct random
verification of the employment records of the ENGINEER and any sub-contractor and sub-sub-contractor
who works on this Contract, to ensure that the ENGINEER and each sub-contractor and sub-sub-contractor
is complying with the warranties set forth above. ENGINEER shall be responsible for all costs associated
with compliance with this requirement.
SECTION XXIX – ATTACHMENTS
Exhibit A – Project Services
Exhibit B – Hourly Rates
Exhibit C – SBE Reporting Form
Exhibit D – Legal Worker Statement (from Statement of Qualifications)
Exhibit E – Alternative Dispute Resolution
SECTION XXX - NOTICES
Notices: All notice to be given hereunder shall be in writing, and may be given by depositing the same
in the United States mail addressed to the party to be notified, postpaid, return receipt requested or by
delivering the same n person to such party with written receipt of acknowledgement of delivery by a
person at the address(s) set forth below. All notices to be given to the parties hereto shall be sent to or
made to the addresses shown below. The place for giving notice shall remain the same as set forth herein
unless changed in the manner provided in this Section.
Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified
United States mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a
written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the
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place last specified. The place for giving notice shall remain the same as set forth herein until changed
in writing in the manner provided in this Section. For the present, the parties designate the following:
Charles Jones, Director
Facilities Management Department
Maricopa County
401 W. Jefferson St.
Phoenix, Arizona 85003
AND
Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
AND TO DESIGN PROFESSIONAL:
Robert Iannarino, Vice President
Psomas
333 E. Wetmore Rd, #450
Tucson, Arizona 85705
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
A.
Notice Prior to Execution of Work. If the ENGINEER wishes to make Claim for any increase in the
Project Cost, written notice must be given before proceeding to execute the Work. Prior notice is not
required for Claims relating to an emergency endangered life or property. If the ENGINEER believes
additional cost is involved for reasons including but not limited to (1) a written interpretation from the
design, an order by the OWNER to stop the Work where the ENGINEER was not at fault, (2) other
reasonable grounds, a Claim shall be filed in accordance with this Section.
B.
Fourteen Days After Occurrence. If the ENGINEER wishes to make a Claim for an increase in the
Project Cost, the ENGINEER shall give the OWNER written notice thereof within fourteen (14) days
after the occurrence of the event giving rise to such Claim or within fourteen (14) days after the
ENGINEER should have recognized, in the exercise of due diligence, the condition giving rise to such
Claim. The ENGINEER shall provide such notice before proceeding to perform the Work. Any Claim
with respect to an emergency shall be made not later than five (5) days after occurrence of the emergency
as to which the Work was performed.
C.
Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an increase Project Cost in
strict compliance with the requirements of this Section shall constitute a waiver of such Claim.
D.
Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative dispute
resolution (“ADR”) process provided for in as Exhibit E (attached hereto and incorporated herein by
this reference) shall be the exclusive means for resolution of claims or disputes arising under this
Contract.
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SECTION XXXII - CONTRACT EXECUTION
This Agreement shall be in full force and effect only when the Board of Supervisors of Maricopa County,
Arizona has approved it, and when executed by the Chairman of the Board of Supervisors.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above
written, in counterparts, each of which shall without proof or accounting for the other counterparts, be deemed
an original Contract.
SECTION XXXIII- UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST
PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200
et seq.
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Term Civil Engineering and Land Surveying Services
220006-ROQ
_______________________________________
_______________________________________
Principal (Signature)
Date
__________________________
Firm Name
Federal Tax Identification Number
___________________________
Printed Name
NIGP Commodity Code (Advantage)
_________________________________________
Vendor Payment Terms
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY:
ACCEPTED AND APPROVED:
_______________________________
________________________________
Department Head
Date
Chairman, Board of Supervisors
Date
ATTEST:
Clerk of the Board
Date
LEGAL REVIEW:
Approved as to form and within the powers
and authority granted under the laws of the
State of Arizona to Maricopa County.
By: ______________________________
Deputy County Attorney
Date: _____________________________
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EXHIBIT A - PROJECT SERVICES
Facilities Management Department
MARICOPA COUNTY, ARIZONA
3 Year TERM
ENGINEERING SERVICES CONTRACT
SERIAL # 220006-ROQ
CONTRACT NO.: 220006-ROQ
I - GENERAL
A. This exhibit lists the range of requirements, which may become part of any PROJECT for which the
ENGINEER provides professional services. The actual service requirements will vary with each PROJECT.
The ENGINEER and COUNTY will meet and review the scope of work for each PROJECT completed
under terms of this contract and the COUNTY will identify which services it requires of the ENGINEER.
Based upon the scope of work and the required services the ENGINEER shall prepare his proposal, which
shall include a design phase schedule. That schedule shall include: design by phases; owner and stakeholder
responses thereto (included in the times set); and permitting. The schedule will then be updated and
delivered electronically every two (2) weeks.
B. All services listed herein may not be required for a project completed by the ENGINEER. The COUNTY
reserves the right to request additional services not listed here from the ENGINEER if required to complete
the work, and to direct that any listed services not be performed.
C. ENGINEER shall send documents that are to be delivered to the COUNTY to the COUNTY’s contract
vendor for printing, unless otherwise approved in writing by the COUNTY. The COUNTY will be billed
directly for these printing costs.
II - PRE-DESIGN SERVICES PHASE
A. The ENGINEER shall work with the Owner to develop a scope of work, phases, schedule and budget for a
specific project. These services shall include programming, space schematics and flow diagrams, survey of
existing facilities, marketing studies, economic feasibility studies, project financing studies, etc. The
ENGINEER shall incorporate COUNTY space and graphic standards, and shall develop a program for a
specific project.
B. After completion of the pre-design services, the ENGINEER shall present these documents to the COUNTY
for review, comments, and approval. The COUNTY shall have the right to make changes on review at no
cost to the COUNTY as long as the original PROJECT scope is not materially affected
C. The ENGINEER shall present, at the request of the COUNTY, the pre-design documents to the Maricopa
County Facilities Management Department Review Committee and/or County Board of Supervisors.
III - SCHEMATIC DESIGN PHASE
A. The ENGINEER shall provide a preliminary evaluation of the program requirements and the PROJECT
budget constraints, each in terms of the other, then review with the COUNTY any inconsistencies evident
between these program requirements and the budgetary limitations.
B. Based upon the mutually agreed PROJECT program and budget requirements, the ENGINEER shall prepare
schematic design studies leading to the recommended design concept together with a general description of
the PROJECT in terms of its scale and interrelationship of parts. The ENGINEER shall submit four (4) sets
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of prints and an electronic copy of these documents to the COUNTY with a written construction cost estimate
based upon a current area, volume, or other unit cost criterion. Upon request the ENGINEER shall provide
the COUNTY, one (1) set of schematic design documents as revised by the ENGINEER to incorporate
COUNTY requested changes at the end of each respective design phase. The schematic design documents
will be in a pdf format acceptable to the COUNTY.
C. After completion of the schematic design studies and construction cost estimates, the ENGINEER shall
present these studies and estimates to the COUNTY for review, comment, and approval. The COUNTY
shall have the right to make changes on review at no cost to the COUNTY as long as the original PROJECT
scope is not materially affected.
D. The ENGINEER shall present, at the request of the COUNTY, the schematic design and construction cost
estimates to the Maricopa County Facilities Management Department Review Committee and/or County
Board of Supervisors.
IV - DESIGN DEVELOPMENT PHASE
A. After the schematic design studies and construction cost estimates are approved by the COUNTY and the
ENGINEER is so advised in writing by the COUNTY, the ENGINEER shall prepare from the approved
schematic design studies the design development documents and other criteria as may be appropriate.
B. The ENGINEER shall design the PROJECT so that the construction will conform to the requirements of
Title 34, Arizona Revised Statutes (ARS) regulating Public Buildings and Improvements as well as other
applicable laws, codes, and regulations.
C. The ENGINEER shall submit to the COUNTY a second construction cost estimate of the PROJECT and of
its major components based on the design development drawings and plans.
D. After completion of the design development phase and construction cost estimates, the ENGINEER shall
deliver four (4) sets of Design Development documents and outline specifications to the COUNTY for
review, comment, and approval. The Design Development Documents will be in a pdf format acceptable to
the COUNTY. The COUNTY shall have the right to make changes on review at no additional cost provided
that the previously approved design development phase concept is not materially affected by these changes.
Upon request, the ENGINEER shall provide the COUNTY, one (1) set of design development documents
as revised by the ENGINEER to incorporate COUNTY requested changes at the end of each respective
design phase.
V - CONSTRUCTION DOCUMENTS PHASE
A. After the design development documents and construction cost estimates have been approved by the
COUNTY and the ENGINEER has been so advised in writing by the COUNTY, the ENGINEER shall
prepare, from the approved design development documents, construction drawings, plans, and specifications
setting forth in detail the work required, and shall assist in the drafting of the Form of Proposal for the
construction contract.
B. The ENGINEER and his consultants shall prepare all drawings for the PROJECT utilizing AutoCAD. The
drawings shall conform to the "CAD Layer Guidelines" established by the COUNTY. Project Manuals shall
be prepared utilizing Microsoft Word. When requested by the COUNTY, the ENGINEER shall deliver four
(4) sets of 50% complete Construction Documents and project manuals for review and comment by the
COUNTY. The Construction Documents shall be in a pdf format acceptable to the COUNTY.
C. The ENGINEER shall prepare his drawings according to generally accepted practices and, COUNTY
standards. The ENGINEER shall include the General Conditions as provided by the COUNTY within the
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Technical Specifications provided for the specific project. The ENGINEER shall also complete and include
the General Requirements as provided by the COUNTY within the Technical Specifications provided for
the specific project, making all revisions necessary to meet the specific requirements for each project.
D. The ENGINEER shall inform the COUNTY in writing of any adjustments to previous construction cost
estimates as indicated by changes in scope, requirements, or market conditions during the course of the
PROJECT.
E. The ENGINEER shall file the required Construction documents to secure approval of all governmental
authorities having jurisdiction over the design of the PROJECT. All filing and plans approval fees shall be
paid directly by the COUNTY. The ENGINEER shall comply with all applicable federal, state, and local
laws, codes, and regulations in effect at the time the construction contract documents (plans and
specifications) are submitted for regulatory approval. The ENGINEER shall be responsible for corrections
as required to comply with applicable laws, codes, and regulations at no additional cost to the COUNTY.
F. The ENGINEER shall submit two (2) sets of final design calculations, including structural, mechanical,
electrical, and plumbing, and four (4) sets of “Construction Documents” including Project Manuals for
review and approval to the COUNTY. The time required by the ENGINEER to make corrections to the
plans requested by the COUNTY or required by regulatory agencies is considered part of his total contract
time.
G. No later than 14 calendar days following submittal of “Construction Documents” to the COUNTY, the
ENGINEER shall submit a final construction cost estimate to the COUNTY, itemized by major categories
of work broken down according to the Construction Specification Institution's sixteen division standard.
H. After completion of the “Construction Documents” and after review by the COUNTY, the ENGINEER shall,
if requested by the COUNTY, present all documents to the Maricopa County Facilities Management
Department Review Committee and/or County Board of Supervisors.
VI - QUALITY ASSURANCE/QUALITY CONTROL
A. The COUNTY shall review ENGINEER'S preparation of plans and specifications at the conclusion of each
of the design phases. The ENGINEER shall provide such information as the COUNTY may require
regarding the ENGINEER's design and selection of materials and equipment. ENGINEER shall provide, at
the COUNTY'S request, such data and information as COUNTY may require regarding ENGINEER'S
estimate of probable construction cost for the PROJECT.
B. The COUNTY will review a Constructability and Value Engineering report prepared by the ENGINEER at
the completion of Schematic Design, Design Development and 5O% of Construction Documents phases.
C. The ENGINEER shall verify they have a Quality Assurance/Quality Control Plan in place to be executed
through all phases of PROJECT work. The ENGINEER shall be solely responsible for carrying out the
Quality Assurance/Quality Control Plan for the PROJECT, the objective of which shall be to prevent errors
and omissions in the plans and specifications and other documents prepared by the ENGINEER. The
COUNTY will monitor the ENGINEER's implementation of the Quality Assurance/Quality Control Plan,
but the COUNTY will not be responsible for the ENGINEER's failure to carry out the Quality
Assurance/Quality Control Plan nor for the accuracy and quality of the ENGINEER's services. The
ENGINEER shall maintain all quality control records for a minimum of five (5) years following the date of
substantial completion of the PROJECT. The COUNTY's rights to examine such records shall not be
construed to confer upon COUNTY a duty to check or examine such records, as the Quality
Assurance/Quality Control Plan and its documentation is the sole responsibility of the ENGINEER.
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D. Failure by the ENGINEER or his consultants to incorporate COUNTY or regulatory agency comments into
his plans shall constitute an error or omission on the part of the ENGINEER and the cost of any necessary
corrective action is to be borne by ENGINEER.
VII - BIDDING PHASE
A. Upon approval of the final “Construction Documents”, including drawings, specifications, and other contract
documents, and upon issuance of a call for construction bids, the ENGINEER shall send documents to
COUNTY’s contract vendor. The COUNTY’s contract vendor shall be responsible for printing and
distribution of bid sets to contractors and bidding services. At the option of the COUNTY, the ENGINEER
may be responsible for the distribution of sets of bidding documents and shall collect a deposit prior to
release of any set, conditional upon the return of the bidding documents in reusable condition.
B. The ENGINEER shall review all submittals from contractors or suppliers for requested substitutions. The
ENGINEER shall review all drawings, samples and various other submittals to determine compliance with
the PROJECT plans and specifications. If the ENGINEER determines that a substitution meets the
specifications, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall then publish in an addendum, a listing all prior approval substitutions approved by both
the ENGINEER and COUNTY not less than seven (7) days prior to the opening of bids. Failure by the
ENGINEER or his consultants to incorporate COUNTY comments, adequately evaluate substitutions and
issue the addenda according to statutory requirements shall constitute an error or omission on the part of the
ENGINEER and the cost of any necessary corrective action is to be borne by ENGINEER.
C. The ENGINEER shall prepare and distribute addenda as required.
D. The ENGINEER shall prepare the agenda and conduct a PROJECT pre-bid meeting for potential bidders to
encourage competent, competitive bids and to clarify any contractor questions about the PROJECT. At this
meeting the ENGINEER shall discuss the PROJECT scope of work, the contract documents, including any
addenda. The ENGINEER shall record minutes of the pre-bid meeting and forward a record of the meeting
to the COUNTY within three (3) working days after the pre-bid meeting.
E. BID OPENING - The ENGINEER shall attend the bid opening(s) for the PROJECT and upon receipt of all
bids, (if requested by the COUNTY) shall review and analyze same for the purpose of advising the COUNTY
as to the validity and completeness of bids, the resolution of any problems or inquiries associated with the
bidding process and the ENGINEER's recommendations as to which Contractors are eligible and qualified
to perform the work. The ENGINEER (if requested by the COUNTY) shall also advise the COUNTY which
if any, of the low bid Contractors should or should not be awarded contracts to perform the work and shall
appropriately justify this advice.
F. OVERBUDGET BIDS - In the event a PROJECT is bid and the lowest responsible bid is more than 10%
over the ENGINEER’s estimate, the COUNTY may reject all bids or appropriate such additional moneys as
are necessary to award the bid. In the event the COUNTY elects to reject all bids, the COUNTY shall direct
the ENGINEER to redesign the PROJECT and re-bid the project, without additional fee.
VIII - CONSTRUCTION PHASE
A. The ENGINEER shall prepare the agenda, attend and assist the COUNTY in conducting the pre-construction
conference with the successful bidder. The ENGINEER shall record the pre-construction meeting and
forward a written record of the meeting minutes to the COUNTY within three (3) working days.
B. At the pre-construction conference the ENGINEER shall deliver to the COUNTY three (3) sets of posted
plans and specifications for the project. Two (2) sets shall be for other COUNTY use and one (1) set shall
remain in the construction office for use by the COUNTY and ENGINEER during the course of construction.
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C. The ENGINEER shall have access to the work on the PROJECT in normal business hours after proper notice
to the Contractor whenever the work is in preparation or progress. At all times, proper safety precautions
shall be taken by the ENGINEER.
D. The ENGINEER shall review and make recommendations to the COUNTY on all claims made by the
Contractor and on all other matters relating to the execution and progress of the work and regarding the
interpretation of the construction contract documents.
E. The ENGINEER shall timely review all shop drawings, samples and various other submittals to determine
compliance with the PROJECT plans and specifications. If the ENGINEER determines that a substitution is
required, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall advise the COUNTY upon the rejection of any submittal item and provide to the
COUNTY an analysis that reflects the effect of such rejection upon the projects critical path and project
execution. As to submittals, ENGINEER will review submittals for items specifically mentions in the
Specifications. Responses shall be made within not less than fourteen (14) days after submittals are received.
F. The ENGINEER shall prepare Proposal Requests and shall forward the proposal, together with the reason
and justification for the change, the evaluation of options to the proposed change, his recommendations and
evaluation of associated costs and effects upon the construction schedule to the COUNTY.
G. The ENGINEER shall review Change Order requests (if requested by the Owner) and shall forward the
proposed Change Order, together with his final recommendations to the COUNTY.
H. The ENGINEER shall respond to requests for information and shall issue such ENGINEER's Supplemental
Instructions, AIA Document G710, as are required for the clarification of the construction contract
documents and to expedite construction of the PROJECT. ALL SUPPLEMENTAL INSTRUCTIONS AND
FIELD ORDERS MUST HAVE THE APPROVAL OF THE COUNTY. RFI’s shall be submitted in
numerical order, with no breaks in consecutive numbering. Each page of any attachments to an RFI shall
bear the RFI number. All RFI’s should be submitted by e-mail. RFI’s requesting information already in the
Contract Documents may be returned as frivolous. RFI’s shall not be utilized to approve submittals or
substitutions nor to request Task Order Modifications or Change Orders, RFI’s shall be responded to within
seven (7) days of being received, referencing the RFI number.
I. The ENGINEER of record and the Consultants of record and their designated representatives shall make
periodic site visits for the purpose of determining general compliance with the approved PROJECT plans
and specifications.
1. The frequency of these periodic visits shall be determined by the particular work being performed and
their relationship to critical events including but not limited to: major system start-up's, and items of
normal building inspection procedures, particularly work that will be covered or concealed. Additional
attention shall be given and reported on construction items concealed later as PROJECT work
progresses.
2. All site visits shall be conducted by the appropriate professional discipline for the work in progress.
3. All visits shall be documented by dated reports on the ENGINEER's Field Report, AIA Document G711.
Problems requiring action by the ENGINEER or his consultants shall also be recorded, dated, and
appended to the Field Report. Copies shall be forwarded to the COUNTY weekly.
4. It is considered important that the quality of work to be later concealed be observed and documented on
a regular basis. Any deviations from the approved PROJECT plans and specifications shall be brought
to the attention of the Contractor and the COUNTY.
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5. The ENGINEER shall review the plans maintained at the site by the Contractor for notion of "as-built"
construction and report to the COUNTY on the progress of the Contractor's change notation work
monthly with each request for payment.
6. The ENGINEER shall review the contractors shop drawing log, the progress of submittals and the
completeness and accuracy of his as-built noted plans.
J. The ENGINEER shall review all Contractor payment requests and receipts for stored materials and certify
that to the best of his knowledge, information, and belief, based on what his observations have revealed, the
quality and quantity of the work is in accordance with the Contract Documents. As part of each payment
application review the ENGINEER shall review the as-built drawings to confirm they are current and notify
the Owner of their status.
K. The ENGINEER and OWNER shall review materials testing reports required by the construction documents
prior to filing. The ENGINEER shall review with the COUNTY and direct corrective work in all instances
where these reports indicate materials failure to meet specifications.
L. The ENGINEER shall prepare Certificates of Substantial Completion and Final Completion when
appropriate. The ENGINEER shall conduct inspections and, subject to the COUNTY approval, determine
the Date of Substantial Completion and Final Completion and enter such date on the Certificate.
M. The ENGINEER will create the punch list upon Substantial Completion and review the performances of the
items to assure their having been completed.
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES
A. The following items represent additional services of the ENGINEER that may be required on a PROJECT.
Upon the request by the COUNTY, the ENGINEER shall submit costs for requested additional services.
The ENGINEER is not to proceed with any additional services without written approval from the COUNTY.
B. Upon request of the COUNTY, the ENGINEER shall maintain a competent full-time person at the Project
Site to monitor job progress and for conformance of materials and construction with the Contract Documents
for this new facility. The ENGINEER's full-time representative shall be an experienced Arizona Registered
ENGINEER suitable to the COUNTY who shall be present at the Project Site a minimum of forty (40) hours
per week and when any work by the contractor or his subcontractors is being performed except for Arizona
State authorized holiday periods. The ENGINEER’s office staff as required shall support this resident
observer.
1. A resume of this full-time representative shall be furnished to the COUNTY for review and approval.
This observer shall attend all progress meetings at which the COUNTY, ENGINEER, General
Contractor, and Subcontractors can discuss jointly job procedures, progress, problems, and scheduling.
2. The observer shall maintain at the Project Site, on a current basis, contract records, supplemental
instructions, records of all necessary contract, approved drawings and specifications, samples, materials
maintenance and operating manuals and instructions, and other construction related documents,
including all revisions thereto. He shall obtain from the Contractor a current set of record drawings,
specifications and operating manuals at the completion of the PROJECT. The ENGINEER shall see that
all record items are delivered to the COUNTY.
3. The observer will issue weekly field reports, electronically submitted to the COUNTY.
4. The period of service for the observer shall be based on an established construction period of time.
Should it appear that construction work would carry beyond the contracted period of service, an
additional service must be authorized by the COUNTY in writing to extend observer's services.
TERM ENGINEERING SERVICES CONTRACT
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Term Civil Engineering and Land Surveying Services
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X - OPERATION AND MAINTENANCE MANUAL(s)
A. Upon request of the COUNTY, as a condition for Substantial Completion, the ENGINEER shall review
comprehensive Operation and Maintenance Manual for the PROJECT and warranties.
B. The ENGINEER shall be responsible for the timely completion of these items so as not to delay his work
under this Agreement.
C. The Contractor coordinate and conduct all required, training sessions as required by the COUNTY to fully
explain and understand the safe operation and maintenance of the system. The ENGINEER shall ensure the
proper inclusion and coordination by the Contractor of all required factory training aids and sessions, written
guarantees, bonds, warranties, parts lists, spare parts, extra materials, replacement materials, operating
manuals, and maintenance manuals, and all operating and maintenance audio and visual instructional and
training materials shall be delivered to the COUNTY. All training sessions shall be recorded by the
ENGINEER on a media approved by the COUNTY.
D. POST-CONSTRUCTION WARRANTY - Upon request of the COUNTY, the ENGINEER shall assist the
COUNTY in conducting a post-construction inspection at least sixty (60) days prior to the expiration of the
two-year post-construction warranty period as required in the ENGINEER prepared Contract Documents,
making diligent efforts to identify all deficiencies and warranty-related problems and provide a report on all
faults noted and discovered during the inspection to the COUNTY and Contractor at least forty-five (45)
days prior to the expiration of the two-year warranty period. The ENGINEER shall provide monthly updates
of this report, and such reports shall be continued on a monthly basis past the expiration of the two-year
warranty period until the Contractor has corrected all items noted on the post anniversary inspection report.
E. RECORD DRAWINGS – Upon request of the COUNTY, the ENGINEER shall prepare record drawings
separately for the PROJECT, except that buried underground utilities must be shown as "As-Built" and
certified as such with the signature of the Contractor's Superintendent. The ENGINEER's Construction
Documents shall include this certification requirement. The record drawings shall be in CAD and pdf
formats.
F. If requested by the COUNTY, the ENGINEER shall retain the services of an Arizona registered professional
engineer to prepare the necessary plans and specifications for a fire sprinkler system for the PROJECT. The
design shall include pipe types and sizes, valve types and sizes and all notations necessary to construct a
complete system. The plans will be prepared for the purposes of competitive bidding.
G. When the following services cause the ENGINEER extra expense and when authorized in writing prior to
performance of such work, these services will be paid for as an "Additional Service.”
1. Revising previously approved drawings or specifications to accomplish changes requested by the
COUNTY.
2. Preparing documents for supplemental construction work initiated after commencement of the
construction phase not caused by the errors or omissions of the ENGINEER.
3. Consultation concerning replacement of any work damaged by fire, flood and other natural causes during
construction and furnishing professional services as may be required in connection with the replacement
of such work.
4. Arranging for the work to proceed should the Contractor default due to delinquency or insolvency
TERM ENGINEERING SERVICES CONTRACT
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Term Civil Engineering and Land Surveying Services
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H. The ENGINEER shall be compensated for additional services, when authorized in writing prior to
performance of such services. Hourly fee compensation shall be in accordance with Exhibit B– Hourly Rate.
I. It is distinctly understood and agreed that no claims for additional compensation will be allowed by the
COUNTY except as provided herein, nor shall the ENGINEER perform any work or furnish any materials
not covered by this Agreement. Such work or materials furnished by the ENGINEER without the written
authorization from the Director, Facilities Management Department, or his designee, shall be at his own
risk, cost and expense. The ENGINEER hereby agrees that without such prior written authorization, he will
make no claim for compensation for such work or materials furnished.
J. Failure to perform any part of the additional services identified within this section shall constitute a violation
of this contract. In the event of such failure, the COUNTY reserves the right to contract with others to have
these services completed and the full amount for such a contract as well as such reasonable costs incurred
by the COUNTY to obtain that contract shall be borne by the ENGINEER. This cost shall be deducted from
fees due the ENGINEER.
TERM ENGINEERING SERVICES CONTRACT
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Term Civil Engineering and Land Surveying Services
Page 28
EXHIBIT B – HOURLY RATES
TERM ENGINEERING SERVICES CONTRACT
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Page 29
EXHIBIT C - 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
Phone No.: _______________________
___________________________________________
Printed Name
TERM ENGINEERING SERVICES CONTRACT
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Term Civil Engineering and Land Surveying Services
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EXHIBIT D - LEGAL WORKER CERTIFICATION
(NOTE: Please complete this form again if requested by the contracting officer)
(Date)
Maricopa County
Office of Procurement Services – Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the “County”) is prohibited, after
September 30, 2008 from awarding a contract to any contractor who fails, or whose subcontractors fail, to
comply with Arizona Revised Statutes § 23-214-A. The undersigned entity warrants that it complies fully with
all federal immigration laws and regulations that relate to its employees, that it shall verify, through the
employment verification pilot program as jointly administered by the U.S. Department of Homeland Security
and the Social Security Administration or any of its successor programs, the employment eligibility of each
employee hired after December 31, 2007, and that it shall require its subcontractors and sub-subcontractors to
provide the same warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or
sub-subcontractor under any Contract resulting from this solicitation shall be deemed a material breach of the
Contract, and is grounds for penalties, including termination of the Contract, by the County. The County retains
the right to inspect the records of the below entity, subcontractor and sub-subcontractor employee who performs
work under the Contract, and to conduct random verification of the employment records of the below entity and
any subcontractor and sub-subcontractor who works on the Contract, to ensure that the below entity and each
subcontractor and sub-subcontractor is complying with the warranties set forth above.
__________________
(Firm)
(Address Line 1)
_____________________
(Print Name)
(Address Line 2)
______________________
(Print Title)
(Phone)
(Signature Required)
(Fax)
__________
(Email Address)
(Federal Taxpayer ID Number)
TERM ENGINEERING SERVICES CONTRACT
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Term Civil Engineering and Land Surveying Services
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EXHIBIT E
ALTERNATIVE DISPUTE RESOLUTION
1.1
Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative
dispute resolution (“ADR”) process provided herein shall be the exclusive means for resolution of claims
or disputes arising under or related to the Contract, the interpretation thereof or the performance or
breach by any party thereto, including but not limited to original claims or disputes asserted as cross
claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or
ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts containing
this ADR provision. No changes can be made to this process without the mutual assent of the County
and the claimant. The parties have structured this procedure with the goal of providing for the prompt,
efficient and final resolution of all disputes falling within the purview of this ADR process.
1.2
Meeting of Principals. When a claim is made or a dispute (hereafter “dispute”) as described in Paragraph
1.1 arises, senior representatives of the County and the claimant will meet personally within ten (10)
business days to discuss the dispute and attempt to resolve it. If, after good faith efforts, resolution is
not achieved, the dispute will proceed to mediation.
1.3
Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as
single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar of
Arizona and have experience in construction law.
1.4
Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the parties
may enter into mediation. The parties shall jointly select a mediator. The parties may mutually agree
to waive mediation and proceed directly to arbitration. If the mediation process is requested by either
party, the mediation period shall be informal and shall not exceed sixty (60) calendar days from the
selection of the mediator. During the mediation process either party may terminate mediation on written
notice to the other party and the mediator.
1.5
Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the exclusive
method to resolve a dispute if mediation is unsuccessful, if mediation has been waived by the parties, or
if a party requests arbitration during the mediation process. Except as provided in Section 1.7.5 and
1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on the parties and not subject
to further judicial review.
1.5.1
A party requesting binding arbitration shall notify the other party of their demand for arbitration
in writing within seven (7) calendar days of (1) the failure of mediation; (2) waiver of mediation;
or (3) of the party’s demand to terminate mediation.
1.5.2
If the Engineer requests arbitration it shall post a cash bond with the arbitrator in an amount
agreed upon by the parties or, in the event of no agreement, the arbitrator shall establish the
amount of the cash bond to defray the cost of the arbitration and the proceeds from the bond
shall be allocated in accordance with paragraph 1.7.7. The bond must be in the full amount
agreed upon or as established by the Arbitrator to pay the potential cost of the full arbitration
proceeding. The bond must be posted with and received by the arbitrator within five (5) calendar
days after the demand for arbitration.
1.5.3
Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the parties
shall each submit two names to a Judge designated by Maricopa County who shall select the
single arbitrator.
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1.5.4
For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the
County's appointed arbitrator, the Engineer appointed arbitrator and a third arbitrator who shall
be selected by the parties' arbitrators and serve as the Chair of the arbitration panel.
1.5.5
The arbitration is to be convened and administered under the Revised Uniform Arbitration Act
(“RUAA”) (A.R.S. § 12-3001 et seq.) and the American Arbitration Association Construction
Rules shall serve as a guideline for proceedings, thus as a supplement to the RUAA.
1.6
Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel to
set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines that the
circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange for
scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not
expedited will commence as soon as practical but in no event later than thirty (30) calendar days after
notification of request for arbitration having been received. This deadline can be extended only with the
consent of all the parties to the dispute, or by decision of the single arbitrator or the Chair of the
arbitration panel upon a showing of good cause.
1.7
Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner that
will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each
party shall supply to the single arbitrator or arbitration panel a written pre-hearing statement which shall
contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief
description of the subject matter of the testimony of each witness who will be called to testify, and an
estimate as to the length of time that will be required for the arbitration hearing. The single arbitrator or
the Chair of the arbitration panel shall determine the nature and scope of discovery, if any, and the
manner of presentation of relevant evidence consistent with deadlines provided herein, and the parties’
objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any
materials or information for which a privilege is recognized by Arizona law. The single arbitrator or the
Chair upon proper application shall issue such orders as may be necessary and permissible under law to
protect confidential, proprietary or sensitive materials or information from public disclosure or other
misuse. Any party may make application to the Maricopa County Superior Court to have a protective
order entered as may be appropriate to confirm or enforce such orders of the Chair.
1.7.1
Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will proceed
from working day to working day until concluded, absent a showing of good cause.
1.7.2
Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a hearing
issue an award. The arbitration panel shall, within ten (10) calendar days from the conclusion
of any hearing, by majority vote, issue its award. The award shall include an allocation of fees
and costs pursuant to 1.7.7 herein. The award is to be in accordance with the Contract and the
law of the State of Arizona.
1.7.3
Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall be void.
If an award is made against any party in excess of one hundred thousand dollars ($100,000),
exclusive of interest, arbitration fees, costs and attorneys’ fees, it shall be supported by written
findings of fact, conclusions of law and a statement as to how damages were calculated.
1.7.4
Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the amount
asserted in any party’s claim, but shall conduct a preliminary hearing into the question of
jurisdiction over the claim as regards its amount upon application of any party at the earliest
convenient time, but not later than the commencement of the arbitration hearing. If the dispute
is determined to involve less than $200,000, the arbitration shall continue before the Neutral
Arbitrator as a single arbitrator, with the party appointed arbitrators being excused.
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1.7.5
Entry of Judgment. As provided in the RUAA, any party can make application to the Maricopa
County Superior Court for confirmation of an award, and for entry of judgment on it.
1.7.6
Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Mediator or
the single arbitrator or arbitration panel, may: (i) at the request of any party, join and/or sever
parties, and/or claims arising under other contracts containing this ADR provision, and (ii) the
Mediator, on his own authority, or the single arbitrator or arbitration panel may, on its own
authority, join or sever parties and/or claims subject to this ADR process as deemed necessary
for a just resolution of the dispute, consistent with the parties’ goal of the prompt and efficient
resolution of disputes, provided; however, that the A/E, OWNER and Project Professionals shall
not be joined as a party to any claim made by a Engineer. Nothing herein shall create the right
by any party to assert claims against another party not arising under or related to the Contract
or not recognized under the substantive law as applicable to the dispute. Neither the Mediator
nor the single arbitrator or arbitration panel is authorized to join to the proceeding parties not in
privity with the County. The Engineer cannot be joined to any pending arbitration proceeding,
without Engineer express written consent and unless Engineer is given the opportunity to
participate in the selection of the single arbitrator or non-County appointed arbitrator.
1.7.7
Fees and Costs. Each party shall bear its own fees and costs in connection with any informal
hearing before the mediation. All fees and costs associated with any arbitration before the single
panel or arbitration panel, including without limitation the arbitrator fees, and the prevailing
party’s reasonable attorneys’ fees, expert witness fees and costs, will be paid by the non-
prevailing party, except as provided for herein. In the event that Engineer is the non-prevailing
party, all fees and costs as noted above shall first be paid out of the bond posted with the
arbitrator. In no event shall the Engineer obligation to pay fees and costs be limited to the
amount of the bond posted herein. In no event shall any arbitrator’s hourly fees be awarded in
an amount in excess of $250 per hour and (i) costs shall not include any travel expenses in excess
of mileage at the rate paid by Maricopa County, not to exceed a one way trip of 150 miles, and
(ii) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of
Maricopa County in effect at the time of the hearing. The determination of prevailing and non-
prevailing parties, and the appropriate allocation of fees and costs, will be included in the award
by the single arbitrator or arbitration panel.
1.7.8
Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to a
party’s attorneys or accountants, no party shall make any disclosure related to the disputed
matter or to the outcome of any proceeding except to the extent required by law, or to seek
interim equitable relief, or to enforce an agreement reached by the parties or an award made
hereunder. This provision does not affect the County’s right to inform the County Supervisors
of the dispute.
1.7.9
Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party
can petition the Maricopa County Superior Court for interim equitable relief as may become
necessary to preserve the status quo and prevent immediate and irreparable harm to a party or
to the Project pending resolution of a dispute pursuant to ADR provided herein. No court may
order any permanent injunctive relief except as may be necessary to enforce an order entered by
the arbitration panel. The fees and costs incurred in connection with any such equitable
proceeding shall be determined and assessed in ADR.
1.7.10 Change Order. Any award in favor of the Engineer against the County or in favor of the County
against the Engineer shall be reduced to a Change Order and executed by the parties in
accordance with the award and the provisions of the Contract or a settlement agreement as
appropriate.
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Term Civil Engineering and Land Surveying Services
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1.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include
all claims, demands, and requests for compensation for costs and losses or other relief, including
the extension of the Contract performance period which reasonably should or could have been
brought against any party that was or could have been brought into this ADR process, with
respect to the subject claim. The arbitration panel shall apply legal principles commonly known
as merger and bar to deny any claim or claims against any party regarding which claim or claims
recovery has been sought or should have been sought in a previously adjudicated claim for an
alleged cost, loss, breach, error, or omission.
1.8
Inclusion in Other Contracts. The Engineer shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
END OF EXHIBIT