contract no. 32500032.pdf
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BUCKEYE
AND
TYPSA, INC.
CONTRACT NO. 32500032
CHANGE ORDER #1
THIS CHANGE ORDER #1
is entered into as of _____________________,
between the City of Buckeye, an Arizona municipal corporation
TYPSA, Inc., an
Arizona corporation (the
). This Change Order modifies certain sections of Contract
No. 32500032
Agreement , with those sections not expressly modified remaining in full
effect pursuant to their terms.
RECITALS:
The City and Consultant entered into Contract No. 32500032 dated August 13, 2025. Pursuant to
which Consultant was to provide Professional Services for the Miller Road Widening project with
an expiration date of December 31, 2025, and a not-to-exceed amount of $244,114.30.
CONTRACT CHANGES:
1.
This Change Order acknowledges the name change for the Consultant from AZTEC
Engineering Group, Inc., a subsidiary of TYPSA Group to TYPSA, Inc.
2.
Section 1 Term of Agreement, is amended to ratify the ongoing Services and by
extending the Agreement end date from December 31, 2025, to October 31, 2027.
3.
Section 2 Scope of Work and Exhibit A of the Original Agreement Scope of
Work and Fee Proposal, are amended to incorporate the additional Services set forth in Exhibit 1
of Change Order #1.
4.
Section 3 Compensation, is amended by increasing the total not-to-exceed
amount by $1,303,787.30, from $244,114.30 to $1,547,901.60.
ADDITIONAL PROVISIONS:
Except as amended herein, all provisions of the Agreement remain in full force and effect.
In the event of any conflict or discrepancy between the terms of this Change Order, the
Agreement, and any other contract documents, the documents shall govern in that order.
This Change Order may be canceled pursuant to the provisions of A.R.S. § 38-511.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Change Order as of the date
first set forth above.
CITY:
CONSULTANT:
THE CITY OF BUCKEYE,
TYPSA, INC.,
an Arizona municipal corporation
an Arizona corporation
By:
Doug Sandstrom, City Manager
Its:
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
Rob Roach, Grant Program and
Procurement Manager
APPROVED AS TO FORM:
Tosca Henry, City Attorney
Miller Road Widening
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Exhibit 1
Miller Road Widening
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February 11, 2026
Rodrigo Nemi
Project Manager | CIP
Program Management Office (PMO)
City of Buckeye
945 N 215th Avenue, Ste 137
Subject:
City of Buckeye RFQ No. 32500032
Professional Design Services for Miller Road Widening
Broadway Road to Lower Buckeye Road
Scope and Fee Proposal 2
Phase II Final Design - Revision 4
Dear Mr. Nemi,
TYPSA, Inc. appreciates the opportunity to provide Professional Design Services to the City of
Buckeye for the Miller Road, Broadway Road to Lower Buckeye Road improvement project.
With the completion of the Phase I DCR and through coordination with City, attached is the
revised Scope of Work and Fee Proposal 2, Phase II Final Design, Revision 4, to perform the final
design of the Ultimate Alternative for this project. The total estimated fee for Phase II of this
contract is $1,303,787.30. This includes a base fee of $1,082,227.30 and a total Allowance of
$221,560.00. The base fee includes two separate cost proposals from our subconsultant Ardurra,
who is performing Public Involvement Services, one for the first public meeting that was moved
from the DCR phase into final design, and the other for the second public meeting that will also
occur during final design. A derivation of the estimated fee is included in Appendix A.
Thank you again for the opportunity to work with the City of Buckeye. If you have any questions
regarding the enclosed materials, please contact me at (602) 363-2099 to discuss.
Respectfully,
Eric A. Watkins, PE, ENV SP
Project Manager/Associate Vice President
(602) 363-2099
ewatkins@typsa.com
Ron F. Szwiec, PE
Project Principal/Vice President
(602) 402-8805
rszwiec@typsa.com
Cc: Tim Mahon, PE
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TABLE OF CONTENTS
TASK 1.0 SURVEY AND MAPPING ........................................................................................ 1
TASK 2.0 DATA COLLECTION ................................................................................................ 1
TASK 3.0 DESIGN CONCEPT REPORT (DCR) ........................................................................... 2
TASK 4.0 FINAL DESIGN ....................................................................................................... 2
TASK 5.0 RIGHT-OF-WAY ..................................................................................................... 8
TASK 6.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) ............................................... 9
TASK 7.0 UTILITY COORDINATION ..................................................................................... 12
TASK 8.0 GENERAL ADMINISTRATION AND COORDINATION MEETINGS ............................. 13
TASK 9.0 GEOTECHNICAL ENGINEERING SERVICES ............................................................. 13
TASK 10.0 PUBLIC INFORMATION AND NOTIFICATION SERVICES ....................................... 13
TASK 11.0 CONSTRUCTABILITY REVIEWS ........................................................................... 13
TASK 12.0 NEPA CLEARANCE ............................................................................................. 14
TASK 13.0 POST DESIGN SERVICES (PDS) (ALLOWANCE) ..................................................... 18
DESIGN SCHEDULE ............................................................................................................... 18
EXCLUSIONS ........................................................................................................................ 19
APPENDICES
APPENDIX A DERIVATION OF COST PROPOSAL
APPENDIX B TYLIN SCOPE AND FEE
APPENDIX C NINYO & MOORE SCOPE AND FEE
APPENDIX D ARDURRA SCOPE AND FEE
APPENDIX E INFRASTRUCTURE MAVINS SCOPE AND FEE
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SCOPE OF SERVICES PROPOSAL 2 PHASE II FINAL DESIGN
City of Buckeye RFQ No. 32500032
Miller Road Improvements Professional Design Services
Broadway Road to Lower Buckeye Road (CIP #109380)
The City of Buckeye (City) has selected TYPSA, Inc. (TYPSA) to provide Professional Engineering
Services for the design of Miller Road, Broadway Road to Lower Buckeye Road improvement
project. Miller Road heading south from Lower Buckeye Road towards Broadway Road is
currently a two-lane paved roadway with no curb and gutter, sidewalk, or landscaping. At the
intersection of Warner Street and Miller Road, Miller Road widens to a three-lane roadway to
account for turn lanes and then crosses the Roosevelt Irrigation District (RID) Canal, where there
are segments between the Canal and West Broadway Road that have been developed to the full
cross section width while other areas still require improvements. Per TYPSA
City of Buckeye on June 4, 2025, this project is being broken up into two separate phases, one
for the Phase I DCR and a second one to follow for Phase II Final Design. Phase I of the project
consisted of developing a Design Concept Report (DCR) to evaluate various alternatives for the
improvements to the approximately 1-mile-long section of Miller Road. Phase II of the project
will consist of performing final design of the Ultimate alternative from the DCR.
The following is the scope of work for the Phase II Final Design of this project.
Coordination with Roosevelt Irrigation District (RID) has identified an existing bridge crossing of
the Roosevelt Canal as well as an existing ditch that runs along the east side of Miller north of
Broadway Road. The RID design subconsultant (Stantec) will require separate fees which have
not been included in this cost
s for any
required relocations of their facilities. TYPSA will coordinate with RID during the final design
phase on the design of bridge related components as well as irrigation ditch relocations. Final
bridge design will be completed by TYPSA, scope and hours associated with the design are
included in this cost proposal. RID application fee and initial design deposit will be handled by
the City of Buckeye directly with RID and are not part of this cost proposal.
TASK 1.0 Survey and Mapping
Survey and Mapping for the overall project was provided as part of the Phase I DCR Cost Proposal.
Supplemental survey has been included in this cost proposal to identify the new edge of
pavement for the City s JOC widening project, south of Broadway Road.
TASK 2.0 Data Collection
Data Collection was provided as part of the Phase I DCR Cost Proposal.
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TASK 3.0 Design Concept Report (DCR)
The DCR was provided as part of the Phase I DCR Cost Proposal.
TASK 4.0 Final Design
The City has selected the Ultimate alternative to move forward with for Final Design. TYPSA will
begin Phase II which will be to prepare final design plans for the improvements of Miller Road
from Broadway Road to Lower Buckeye Road for the Ultimate alternative, which includes three
through lanes in each direction, curb and gutter, sidewalk and a 20 raised landscaped median.
Considering the use of federal funds and ADOT administering construction, all plans will be
prepared per ADOT drafting standards and guidelines, in AutoCAD/Civil 3D file format. Special
provisions will utilize ADOT stored specs with MAG supplemental standards.
4.1 Roadway Design
TYPSA will prepare final PS&E documents for all removals, roadway, curb/gutter, sidewalk, and
ADA improvements for Miller Road from Broadway Road to Lower Buckeye Road. These plans
will follow City of Buckeye standards. This includes all published guidelines for roadway design as
well as ADA facilities. Utility Dispositions and Removals will be on shared sheets.
TYPSA will prepare the following roadway sheets:
Cover Sheet
General Notes & Index
Project Quantity Summary Sheets
Typical Section Sheets
Geometric Control & Data
Removal Sheets (Includes Utility Dispositions)
Roadway Detail Sheets
Plan Sheets
Profile Sheets
Median Detail Sheets
ADA Ramp Staking Sheets
Intersection Staking Sheets
Driveway Profile/Detail/Staking Sheets
Earthwork Modelling/Cross Sections
Roadway cross sections at 50-foot intervals will be provided. An estimate of earthwork will be
provided using the triangulation method and will include shrink and swell factors as identified by
the geotechnical investigation.
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4.2 Traffic Design
TYPSA will prepare final PS&E documents for signing and pavement marking, traffic signal,
roadway lighting and intelligent transportation system (ITS) improvements for Miller Road from
Broadway Road to Lower Buckeye Road. All design requirements will meet City of Buckeye
standards. TYPSA
streetlight spacing and relocate existing
streetlights in conflict with roadway design. TYPSA will review the ongoing City of Buckeye/ADOT
ITS project (CIP #101760) and coordinate any adjustments to the fiber infrastructure impacted
with the corridor design. The needed modifications will be shown on the Street lighting plans if
required.
during the final design phase. Pull boxes and vaults will be installed at regular intervals in
accordance with City requirements. The ITS design will be presented on the double-stacked
street lighting plan sheets. Schedules will be provided to detail the location and configuration of
conduit, fiber optic cabling, pull boxes, and vaults.
Street lighting photometric analysis will be completed per the City design standards Chapter 7 to
determine the pole spacing and light levels. Street lighting photometric analysis plans will be
submitted for City review with the 60% submittal and obtain approval.
TYPSA will prepare the following traffic plans
Signing and Pavement Marking (30% plans only, 60%, 95% and Final)
o General Notes/ Legend Sheet
o Sign Summary Sheets
o 40 Scale Plan Sheets, double stacked
o Scale Sheet Name Detail Sheets
o 40 Scale Sign and marking Removal Sheets
Roadway Lighting and ITS (30% plans only, 60%, 95% and Final)
o Photometric analysis plans
o General Notes and Legend Sheet
o 40 Scale Plan Sheets
o Lighting Detail Sheet
Maintenance of Traffic (30% plans only, 60%, 95% and Final)
o General Notes Sheet
o Quantities Table Sheet
o Maintenance of Traffic Table Sheets
Traffic Signal at Warner Rd (30% signal plan with pole locations, 60%, 95% and Final)
o Cover Sheet
o General Notes and Legend Sheet
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o 20 Scale Signal Plan Sheet
o Pole Schedule
o Conductor Schedule
TYPSA will coordinate with the City and the electrical utility company to identify and connect to
the electrical service. TYPSA will prepare the service request letter for the traffic signal and
streetlights. TYPSA will also coordinate the electrical service needs for the landscape
infrastructure.
TYPSA will develop special provisions and a cost estimate that will detail the necessary traffic
control to coincide with the improvements on Miller Road. No Maintenance of Traffic details will
be developed for the project. The special provisions will provide reference to appropriate ADOT
TTCG, MCDOT Traffic Control Manual and MUTCD figures to be used for any necessary
maintenance of traffic. Since the construction of this project will be administered by ADOT,
Maintenance of Traffic will be a single lump sum bid item. The Contractor will be required to
coordinate with the City for all necessary traffic control permits as required. TYPSA will develop
a project schedule that will be developed in working days (Monday Friday). TYPSA will develop
project user delay cost spreadsheets provided by ADOT Value Engineering.
TYPSA will prepare quantities and cost estimates for the traffic design deliverables.
TYPSA will assemble Special Provisions for any non-standard items that are not already covered
by City of Buckeye design guidelines, master approved material list, or supplemental
specifications.
Exclusions:
-
Traffic signal modifications to existing signals at Lower Buckey Rd/ Miller Rd and
Broadway Rd/ Miller Rd intersections are excluded. If the changes are required during the
final design, they will be completed through a contract modification.
-
Street Lighting voltage drop calculations and conductor sizing are excluded. The electrical
utility company will design and install the conductors.
-
ITS detailed design is excluded from the scope of work. The ongoing CIP project will
complete the connections.
4.3 Bridge Design
TYPSA will provide design services for the recommended improvement in the DCR for the Miller
Road Bridge. TYPSA
to develop bridge plans, quantities,
construction cost estimates and specifications at four milestone submittals (30%, 60%, 95%, &
100% PS&E). TYPSA
to develop Foundation Data
Sheets at the final milestone submittal (100% PS&E).
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4.4 Onsite and Offsite Drainage Design
TYLin will provide onsite and offsite drainage design for the project as shown in their scope and
fee included in Appendix B.
4.5 Temporary Erosion and Sediment Control, and Landscape and Irrigation Design/Restoration
TYPSA will prepare Temporary Erosion and Sediment Control and Landscape and Irrigation
Restoration Plans in conjunction with the proposed roadway improvements.
4.5.1 Temporary Erosion and Sediment Control Plans
a. TYPSA will provide design services for the preparation of temporary erosion and
sediment control plans (in compliance with the ADEQ AZPDES and the Drainage Design
Manual for Maricopa County, Erosion Control.), project special provisions, quantities for
the estimate of probable cost, and coordination with City of Buckeye for activities within
the project area.
b. TYPSA has included time to prepare the temporary erosion and sediment control plan
SWPPP index sheet and details for the 95% and 100% submittals. The plan sheets,
special provisions, and quantities for the estimate of probable cost will be included as
part of the 95% and 100% submittals.
c. The temporary erosion and sediment control plans will be at the same scale as the
seventeen (17) sheets total. The sheets include:
Temporary Erosion and Sediment Control Detail and Summary Sheets
Temporary Erosion and Sediment Control Plan sheets
d. Special provisions for Temporary Erosion and Sediment control not already addressed
by the current edition of MAG Standard specifications and Drainage Design Manual for
Maricopa County, Erosion Control will be included as part of the 95% and 100%
submittals.
e. The scope of work for this task does not include the preparation of a stormwater
pollution prevention plan document to be used for submittal with a Notice of Intent to
regulatory agencies on behalf of owner or operator for this project.
4.5.2 Landscape and Irrigation Plans
a. TYPSA will prepare a landscape design for the project site that meets City of Buckeye
Arterial Gateway Guide. The landscape design will include new
medians within
Miller Road and areas outside of the widened roadway impacted by construction. The
landscape design will identify landscape material locations and will include a landscape
legend that identifies Plant Symbol, Quantity, Botanical Name, Common Name, and
Size. General landscape notes and details will be provided as components of the initial
and final construction document submittals. Design of the Tier 2 Gateway signage as
identified in the Arterial Gateway Guide is not included in this scope of work.
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b. TYPSA will prepare a fully automatic drip irrigation system that meets City of Buckeye
Arterial Gateway Guide. A materials list will be included on the plan sheet. General
irrigation notes and irrigation details will be provided as components of the initial and
final construction document submittals.
c. The landscape and irrigation plans will be at the same scale as the roadway plans,
thirty (30) sheets
total. The sheets include:
Landscape Plan sheets
Landscape Detail and Summary Sheets
Irrigation Plan sheets
Irrigation Detail and Summary Sheets
d. Special provisions for Landscape and Irrigation work not already addressed by the
current edition of MAG Standard specifications will be included as part of the 60%, 95%
and 100% submittals.
e. Landscape and Irrigation plans will be submitted as part of the 60%, 95%, and 100%
PS&E submittals to City of Buckeye.
4.5.3 Landscape Lighting Plans
a. TYPSA will prepare a landscape low-voltage lighting design for the project site that
meets the City of Buckeye Arterial Gateway Guide. The landscape lighting design will
identify lighting types, power sources, transformers, fixtures, junction box, and conduit
locations in the median area.
b. The landscape lighting plans will be at the same scale as the roadway plans, anticipated
fourteen (14) sheets total. The
sheets include:
Landscape Lighting Plan sheets
Landscape Lighting Detail and Summary Sheets
c. Special provisions for Landscape lighting work not already addressed by the current
edition of MAG Standard specifications will be included as part of the 60%, 95% and
100% submittals.
d. Landscape lighting plans will be submitted as part of the 60%, 95%, and 100% PS&E
submittals to City of Buckeye.
4.6 Utility Design
TYPSA will provide utility design for the project, which includes the following items:
Four water stubs for future development off
running north/south
on Miller
Four sewer stubs for future development tying
(south of RID) and
(north of Roosevelt Canal) sewer mains running north/south on Miller
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TYPSA will complete a Water and Sewer Technical Memorandum required to obtain
MCESD Approval to Construct (ATC)
TYPSA will coordinate directly with MCESD on submittals required to obtain ATC.
o Up to three submittals are anticipated
o It is assumed that the City of Buckeye will provide TYPSA with the required Sewer
Capacity Letter prior to submittal to MCESD
Final Design Deliverables to the City of Buckeye
TYPSA will allow time for internal checking and quality control of plans, calculations, estimates
and Special Provisions. This effort is embedded in the scope of preparing other items. This Task
includes the preparation of 30%, 60%, 95%, and 100% PS&E submittals to City of Buckeye
standards. All submittals will be electronic and include all calculations and exhibits.
Documentation required for each submittal shall be as follows:
30% Submittal
o Preliminary Paving Plans with Striping
o Preliminary Lighting and ITS Plan
o Preliminary Signal Plans (pole locations only)
o Proposed right-of-way exhibits and legal descriptions
o Draft Drainage Report
o Draft Geotechnical Report
o Preliminary Drainage Plans
o Utility Coordination including Clearance Letters (as required)
o Preliminary Bridge Plans
o Preliminary Plans for any additional scopes identified in the DCR
60% Submittal (Plans, Specifications, Estimate, and Bidding Schedule)
o Paving Plans with Signing and Striping
o Lighting and ITS Plan
o Signal Plan (pole locations only)
o Landscape/Irrigation/Landscape Lighting Plan
o Utility Relocation coordination
o Utility Plans and Reports (as required)
o Bridge Plans
o Final R/W and PUE Acquisition Exhibits and Legal Descriptions
o 60% Plans for any additional scopes identified in the DCR
o Final Drainage Report
o Final Geotechnical Report
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95% Submittal (All plans, reports, specifications, estimates, and bidding schedule)
Final Sealed and Signed 100% Submittal (All plans, reports, specifications, estimates, and
bidding schedule) and all applicable approvals
TASK 5.0 Right-of-Way
TYPSA will provide a Right-of-Way determination and perform the following Right-of-Way (R/W)
services:
Search for and collect Public Land Survey Section Corners and property corners
Data Collection (City to provide title reports)
Right-of-Way Strip Maps
o @ 15% (DCR) Submittal to include list of impacted parcels
o @ 30% Submittal to include anticipated easements
Prepare Exhibits for up to 8 parcels for the required R/W, Public Utility Easement
and Temporary Construction Easements (
) (City to provide examples)
o Finalized by 60% Submittal
o All necessary modifications will be addressed and returned to the Project Manager
within two weeks of receiving comments, unless otherwise noted.
Prepare Legal Descriptions for up to 8 parcels for the required R/W
to provide examples).
o Finalized by 60% Submittal
o All necessary modifications will be addressed and returned to the Project Manager
within two weeks of receiving comments, unless otherwise noted.
TYPSA will provide a legal description and an exhibit depicting graphically the land described in
said legal description for each parcel. The legal description and exhibit shall be performed in
accordance with City of Buckeye standards. Completion of the aforementioned task may be
stopped if a conflict with the boundary of the subject parcel(s) is discovered during the evaluation
and preparation of said legal description. No field work or survey will be performed in the
preparation of the legal and exhibit and shall not be considered a boundary survey. Corners shall
not be set or staked in conjunction with this task. If a conflict is discovered, all services required
to resolve the conflict are additional to this agreement and not included in the cost of this
proposal. Also, reasonable efforts will be performed to obtain legal recorded documents
necessary to perform this task, if said records become difficult to obtain, additional services and
compensation may be required. Approval for additional services shall be in writing in accordance
to this contract before proceeding with any additional services to resolve the conflict(s) or
obtaining documentation. The task will be based solely on the recorded documents found at the
time of the preparation of said legal and exhibit.
TYPSA will use the provided title reports, supplement survey, measured monuments, measured
property corners or other evidence found by the field survey to calculate the boundary of each
TYPSA will then prepare exhibits of the survey AutoCAD
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format showing the R/W and TCE geometry as needed for the project to be constructed. The City
will obtain all appraisals and perform the acquisition efforts.
Efforts not included in this Scope of Work are excluded and require a separate contract
modification to perform.
TASK 6.0 Phase I Environmental Site Assessment (ESA)
TYPSA will complete a Phase I Environmental Site Assessment (ESA) for the new R/W anticipated
for this project. We are assuming that one (1) Phase I ESA will be completed combining all the
R/W parcels into a single report. It is anticipated that up to 8 parcels will require partial and/or
full R/W takes. A Phase I ESA is not anticipated for parcels requiring only a TCE.
Assumptions:
No asbestos-containing material (ACM) or lead-based paint (LBP) surveys are required at
this time.
Access will be arranged by TYPSA, in coordination with the City and Ardurra, to enter each
of the Subject Properties.
It is assumed that the site reconnaissance for each parcel will be conducted under one
mobilization.
The final Phase I ESA report will be reviewed and stamped by an Arizona Registered
Geologist.
The findings presented in the final Phase I ESA report represents site conditions at the
time of the completion of the Phase I ESA. TYPSA has no control over changes in site
conditions that may occur after the preparation of the report that may invalidate the
findings and recommendations presented in the report.
TYPSA will complete the following primary tasks in support of the Phase I ESA: historical research,
site reconnaissance, interviews, Phase I ESA reporting, and QA/QC. The Phase I ESA will be
completed in accordance with the American Society for Testing and Materials (ASTM) Standard
E1527-21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process, as well as current USEPA Standards and Practices for All Appropriate
Inquiries (AAI) Rule following Federal Code 40 CFR 312. The following is a description of each task
to complete for the Phase I ESA:
6.1 Research
TYPSA will complete a historical review, collecting information from interviews with site owners,
local government officials, and others who have prior knowledge of the project area. We also will
review information provided on the ASTM User Questionnaire, and review historical aerial
photographs, topographic maps, Sanborn fire insurance maps, local building and fire records, and
other available and useful resources. Historical information will be obtained for the subject
properties and adjacent properties, as appropriate.
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TYPSA will prepare right-of-entry forms on behalf of the City for access to eight (8) properties.
The right-of-entry forms will be based on previous forms TYPSA has prepared for other Phase I
ESAs completed across the state (i.e. Pima County). The right-of-entry will be for Phase I ESA site
reconnaissance and survey purposes only and no fees or compensation will be provided to the
property owners. TYPSA will not complete any fieldwork on private property until the right-of-
entry has been obtained.
Additionally, TYPSA will also order an ASTM environmental database records check from State
Subject
Properties for the records search, and will include the following records (at a minimum):
One (1.0) Mile:
o Federal National Priority List (NPL)
o Federal Resource Conservation and Recovery Act (RCRA) Corrective Action
(CORRACTS) Facilities
o State and tribal lists of hazardous waste sites (state- and tribal-equivalent to NPL)
One-Half (0.5) Mile:
o Federal Comprehensive Environmental Response, Compensation and Liability
Information System (CERCLIS)
o Federal delisted NPL
o Federal Superfund Enterprise Management System Archive (SEMS-ARCHIVE)
(formerly the CERCLIS No Further Remedial Action Planned List)
o State-equivalent CERCLIS List
o Federal RCRA non-CORRACTS Treatment, Storage and Disposal (TSD) Facilities
o State and tribal landfill and/or solid waste disposal sites
o State and tribal leaking storage tank sites
o State and tribal voluntary cleanup sites
o State and tribal Brownfield sites
Site and Adjoining Properties:
o Federal CERCLIS No Further Remedial Action Planned (NFRAP) List
o Federal Emergency Response Notification (ERNS)
o State and tribal registered storage tank sites
o Federal RCRA hazardous waste generators
Site Only:
o Federal Institutional control/engineering control registries
o Federal Emergency Response Notification System
As Applicable and Available:
o Additional state, tribal, and local sources of current/historical information
6.2 Site Reconnaissance
The site reconnaissance visits will be conducted by one person from TYPSA
group who is an Environmental Professional (EP) as defined by the ASTM and will include travel
to and from the project site, mobilization, and post field data management. The fieldwork will
consist of a thorough reconnaissance of the Subject Properties and adjacent properties/host
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parcels, to evaluate current uses and conditions of the properties. A photographic log will be
created, and the following items will be noted during the visit: topographic conditions/gradient,
current/past land use and conditions, locations of roads/structures, potable water supply, and
more. In addition, we will evaluate and observe for evidence of the following conditions:
Use of hazardous substances or petroleum products
Presence of storage tanks
Odors
Standing surface water/other liquids
Drums and containers greater than five gallons in size
Leaking/unidentified drums/containers
Electrical equipment
Stains or evidence of corrosion
Drains and sumps
Pits, ponds or lagoons
Potential presence of ACM and LBP
Stained soil or pavement
Evidence of on-Site waste disposal
Improper waste disposal
Presence of fill material
Wastewater
Water supply or monitoring wells
Drywells
Vehicle maintenance activity
Injection wells
Septic systems
Stressed vegetation
6.3 Phase I ESA Report
Upon completion of the research and site visits, one (1) Phase I ESA report will be prepared for
the project that will identify each Subject Property, outlining the data obtained and the site
observations. The report will also include conclusions regarding the potential for vapor intrusion
issues (if applicable), soil and/or groundwater contamination at the subject properties, and the
potential presence of other environmental concerns.
The report will include a findings section, which summarizes known or suspected environmental
conditions associated with the subject properties, including recognized environmental conditions
(RECs), controlled recognized environmental conditions (CRECs), historic recognized
environmental conditions (HRECs), and de minimis conditions. Recommendations for additional
work, if necessary, will also be included.
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6.4 QA/QC
TYPSA will perform an internal technical and editorial review of the Phase I ESA report, and
internal revisions will be addressed prior to submittal to the City for review. One round of revision
also will be addressed under this task as part of the QA/QC process.
TASK 7.0 Utility Coordination
TYPSA will attend and prepare agendas and meeting notes with utility companies to develop
relocation plans necessary associated with the proposed alternative as selected by the City as
part of the Phase I DCR.
TYPSA will provide utility coordination for the project, which will include the following items:
TYPSA will coordinate with utility companies and/or municipalities to incorporate existing
and proposed utility facilities into the preliminary plans as necessary. All existing and
proposed utilities will be shown on the final design plans.
TYPSA will create and update the CADD utility base map as needed to accurately depict
existing utilities and help identify any known potential conflicts at ASCE Quality Level D.
This will be based on the best available information received from utility
companies/agencies, record drawings and TYPSA
Once Potholes
have been completed, the data will be utilized to update the Quality Level to A at specific
locations.
TYPSA will include Utility Dispositions on the Roadway Removal Sheets.
TYPSA will identify potential utility conflicts and coordinate potential relocations with
utility companies within the project limits to identify and resolve all potential utility
conflicts. TYPSA will review utility relocation designs to ensure they are compatible with
other project improvements.
Where conflicts are identified, TYPSA will prepare a pothole request package for TYPSA
SUE Group.
TYPSA will send out a set of project plans with Utility Conflict Review letters to each of
the identified companies at 30%, 60% and 95% design submittals for their review and
response that all of their utilities have been shown correctly on the plans and
confirmation that the utility company has checked the plans for any potential conflicts
with their facilities.
TYPSA will track and compile all Utility correspondence and Utility Response letters and
assemble a Utility Clearance Letter summarizing the results and submit this letter to the
City of Buckeye's Utility Coordinator for final review.
TYPSA will prepare item specifications for utility related items as necessary.
TYPSA will provide Quality Control reviews for the deliverables at each design submittal.
Quality Control reviews will follow the TYPSA Quality Control Plan.
TYPSA
potholing efforts and sealed test hole report will be completed by TYPSA
group and can be referenced in the Project Expenses.
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Due to the anticipated significant relocation efforts that will be required by Roosevelt Irrigation
District (RID), Arizona Public Service (APS), and Western Area Power Administration (WAPA),
TYPSA will schedule and attend up to three coordination meetings specifically with RID, APS and
WAPA (each). These meetings are in addition to the project-wide utility coordination meetings.
It is assumed that RID, APS and WAPA will perform all design work associated with relocation of
their facilities during Phase II Final Design. Utility Meeting Agendas, Sign-In Sheets and Meeting
Notes will be prepared by TYPSA.
TASK 8.0 General Administration and Coordination Meetings
TYPSA will attend and prepare agendas and meeting notes for the following meetings (all
meetings assumed to be held remotely with exception of the field visit and public meetings):
Submittal Coordination (4 total, 30%, 60%, 95% and 100%)
(3) Comment resolution meetings for the 30%, 60%, and 95% submittals (2 attendees)
Coordination with City Development Services Department (4 total)
(6) Progress Meetings (2 attendees)
(2) Key Stakeholder Meetings (2 attendees)
(6) Utility Coordination Meetings (2 attendees)
(4) Breakout Utility Coordination Meetings (2 attendees)
(9) RID, APS and WAPA Coordination Meetings (3 Each) (2 attendees)
(1) Public Meetings (In-Person) (2 attendees)
Project Management Coordination
Quality Assurance
TYPSA will coordinate and submit all
Project Manager unless directed
otherwise.
NOTE: All Electronic Plan Review fees will be covered by the City of Buckeye.
TASK 9.0 Geotechnical Engineering Services
Geotechnical Engineering Services as well as preparation of the Geotechnical Report will be
conducted by Ninyo & Moore. See Appendix C for attached scope of work and fee.
TASK 10.0 Public Information and Notification Services
Public Information and Notification Services will be conducted by Ardurra. See Appendix D for
attached scope of work and fee.
TASK 11.0 Constructability Reviews
Constructability reviews will be conducted by Infrastructure Mavins. See Appendix E for attached
scope of work and fee.
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TASK 12.0 NEPA CLEARANCE
Buckeye has received a MAG federal grant and thus this project will require a National
Environmental Policy Act (NEPA) clearance. It is anticipated that this project will be cleared as a
Categorical Exclusion (CE) under ADOT CE Assignment (326 MOU) during final design. The City of
Buckeye will coordinate with ADOT Environmental Planning Group (EPG).
The following tasks will be completed by TYPSA upon Notice to Proceed:
12.1 Environmental Clearance Tasks
Work items:
Review Stage II (30%) and Stage III (60%) design plans
Review farmlands and prepare memo
Review land use information including future developments plans and provide summary
memo
Attending monthly progress meetings in person at ADOT Phoenix office (14 total)
Coordinate with ADOT EPG staff, internal TYPSA environmental staff, and Buckeye staff
Assumptions:
ADOT will be the lead agency for CE and will complete the overall clearance and
environmental commitments documents.
All work is anticipated within Buckeye right-of-way and new right-of-way, or temporary
construction easements are required.
A separate geotechnical clearance will not be required.
clearance is required, a modification would be prepared.
Aerial review currently shows no Section 4(f) properties. Thus Section 4(f) review is not
anticipated. If properties are identified during the DCR and impacts are anticipated, a
modification will be required to prepare evaluation materials.
Review of socioeconomic and Title VI is not required.
Review of visual analysis will not be required.
Review of farmlands will be required to confirm prime and unique designations. It is
anticipated that a memo will be prepared, and a formal report and farmland conversion
impact forms will not be required. If conversion forms and/or a formal report is required,
a modification will be prepared.
Environmental limits will also include temporary traffic control limits which are
anticipated 2-miles either side of the project limits.
Adjacent property owners are private.
12.2 Cultural Resources Tasks
Work items:
Background research will be conducted for the project area of potential effects (APE) and
a 100-foot buffer around the APE to determine if any known cultural resources are
present and to determine the extent of previous Class III archaeological survey. Sources
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electronic Cultural Resources database, the Archaeological Records Office (ARO), and
General Land Office plat maps.
Tables and figures will be prepared describing and depicting any known cultural resources
and previously conducted archaeological investigations within the APE and buffer area.
Tables will include brief site descriptions and known National Register of Historic Places
eligibility.
Prepare Section 106 consultation letter
No more than 25 projects and eight cultural resources sites are assumed to be tabulated
for the background research presented in the technical report. If significantly more
resources are identified by background research, a cost modification may be necessary.
Assumptions:
This estimate does not include Class III archaeological survey. If ADOT HPT determines a
survey is required, a modification will be prepared.
A Class I report will not be prepared, and research information will be included in the
Section 106 consultation letter.
One Section 106 consultation letter will be prepared for ADOT HPT to use to draft all the
consultation letters.
ADOT HPT will confirm who the consultation parties are for this project.
12.3 Biological Resources Tasks
Work items:
Conducting a general site visit and inspection of structures for use by bat or birds
protected by the Migratory Bird Treaty Act including burrowing owls (BUOW). No species-
specific surveys will be completed.
Review Stage III (60%) design plans and prepare Biological Evaluation Short Form (BESF)
Coordinating with ADOT staff
Assumptions:
ADOT Biologist will provide updated US Fish and Wildlife Service Information, Planning,
and Conservation (IPAC) query and an Arizona Game and Fish Department (AGFD) On-line
Environmental Review Tool queries for review
12.4 Clean Water Act Tasks
Work items:
Review Stage III(60%) plans and prepare permit determination memo
Coordinating with ADOT staff
Assumptions:
Per aerial review, the only potential waters of the US (WOTUS) is the RID canal.
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As current design is anticipated to build a bridge over the canal, no work is anticipated
within the canal.
12.5 Hazardous Materials Tasks
Work items:
Prepare a Preliminary Initial Site Assessment (PISA) using research information from
Phase I ESA discussed Task 6.0.
Coordinate with ADOT staff
Assumptions:
Hazardous materials sampling and testing for the presence of asbestos-containing
materials (ACMs) and lead-based paint (LBP) will not be required. If hazardous materials
testing is requested by ADOT EPG, a modification will be required.
12.6 Noise Analysis Tasks
Work items:
Complete noise monitoring (2 TYPSA staffs) anticipated to take 2 days
Build and run TNM 2.5 noise models
Prepare draft noise report, with barrier analysis
Prepare final noise report
Prepare graphics for public meeting
Coordinating with ADOT staff
Assumptions:
As this project will be up to two (2) adding lanes, the project is considered a Type 1 project
and thus noise analysis is required. Though some of the area is currently undeveloped, future
development may be planned in the area in the near future. In addition, recreation areas are
in the area that may have noise sense receptors. Thus modeling/monitoring is anticipated.
TYPSA will complete a site visit and anticipates completing noise monitoring up to 15
locations within project limits.
o We intend to conduct morning and evening measurements immediately
before/after peak traffic periods either on the same day or over a two-day period
o Manual traffic counts conducted during noise measurement intervals will be in
one direction only with video sent to TYPSA noise specialist for manual counts.
Noise modeling with TNM version 2.5 will be conducted and noise barrier analysis will be
evaluated for realignment and added lanes.
12.7 Air Analysis Tasks
Work items:
Complete the Particulate Matter questionnaires
Coordinating with ADOT staff, TYPSA staff for traffic report
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Attend two (2) ADOT/EPA Air Quality meetings (3 people, with TYPSA
Manager
attending one), including prep for meeting to discuss air quality report/analysis results
Assumptions:
This project is currently not shown in the MAG TIP, but is anticipated to be added early in the
final design. Thus air quality analysis will be able to be completed early in the design
development.
This project is located in a maintenance area for Particulate Matter 10 (PM10) and
nonattainment for Particulate Matter 2.5 (PM2.5) and Ozone.
This estimate does not include PM hot spot analysis. If it is determined that a hot spot analysis
will be required, a modification will be prepared.
Per PEDS, a portion of this project is located within a prior conformity determination and re-
evaluation will be required as part of this project.
12.8 Agency Scoping Tasks
Work items:
Prepare project state and vicinity maps
Prepare agency coordination letters and distribution list
Prepare biological scoping letters
Review any responses to the agency scoping and consult with ADOT for the appropriate
action or response
Coordinate with ADOT Communication and Buckeye
Assumptions:
TYPSA will complete agency scoping separate from the public meeting.
letterhead
One draft agency letter will be sent to ADOT EPG Planner, ADOT PMG, ADOT
Communication contact, Buckeye, and District for review and approval.
Agency scoping will include Maricopa County representatives, City of Buckeye
representatives, ASLD, MAG, DPS, emergency services, local schools, and organizations
Agency scoping letters will be sent via email unless an email address is unavailable or
cannot be obtained, then hard copy letters will be mailed.
Agency and public letters allotted response time is 30 days.
See Task 10.0 for Public Information and Notification Services.
General Environmental
All Discipline Team members have included the estimated time to perform their work according
Team member organize and perform their production work such that the QC Audit can be
performed in an efficient manner. QC hours are included in over report time.
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TASK 13.0 Post Design Services (PDS) (Allowance)
TYPSA will perform PDS for the project as outlined below:
Construction Support Scope of Work
Pre-Bid Meeting
o Attend one virtual Pre-Bid Meeting with the Consultant Project Manager and Project
Engineer.
Construction Progress Meetings
o Attend weekly virtual Construction Progress Meetings (1 hour each).
o Consultant will not lead or prepare meeting agendas or notes.
Requests for Information (RFIs)
o Respond to up 20 RFIs with necessary clarifications as per contract documents.
Submittal and Shop Drawing Review
o Review and comment on up to 8 shop drawings for general conformance.
o Reviews do not include means, methods, or construction techniques.
Site Visits
o Perform site visits upon client request for general observation only.
Record Drawings
o Coordinate with the contractor to prepare record drawings reflecting reported field
changes as needed
o Drawings are not guaranteed to be as-built.
Contract Management and Invoicing
o Provide monthly invoicing and project tracking.
City and Contractor Coordination
o Coordinate with the City and Contractor through phone calls, emails and meetings as
needed.
DESIGN SCHEDULE
The design schedule included below anticipates a design Notice to Proceed (NTP) of September
5, 2025 based on City council approval on September 2, 2025. The proposed schedule is subject
to change based on actual council approval and NTP.
TASK
DATE
PHASE I DCR
Notice to Proceed Phase 1
September 5, 2025
Kick-off Meeting/Site Visit
September 12, 2025
Phase 1A: Survey/Data Collection & Analysis
September 2025 October 2025
Phase 1B: Draft DCR/Preliminary 15% Submittal
November 11, 2025 (NTP + 10 Weeks)
Phase 1B: Draft DCR/Preliminary 15% Review
December 11, 2025 (NTP + 14 Weeks)
Phase 1B: Final DCR/15% Submittal
January 21, 2026 (NTP +19 Weeks)
Phase 1B: Final DCR/15% Review
January 2026 February 2026
Phase 2A: Scope Refinement for Final Design
January 2026 February 2026
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TASK
DATE
PHASE II FINAL DESIGN
Notice to Proceed Phase 2
March 2026 (Anticipated)
Geotechnical Environmental Clearance
May 2026
Geotechnical Investigations
May 2026
Phase 2A: 30% Submittal
June 2026 (NTP +12 Weeks)
Preliminary R/W Limits Identified
June 2026
Phase 2A 30% Submittal Comment Resolution Mtg
July 2026 (NTP +14 Weeks)
1st Public Meeting
August 2026
Potholing
September 2026
Phase 2B 60% Submittal
October 2026 (NTP +26 Weeks)
Final R/W Exhibits and Legal Descriptions
October 2026
Phase 2B 60% Submittal Comment Resolution Mtg
November 2026 (NTP +28 Weeks)
Environmental Clearance
December 2026
Phase 2C 95% Submittal
February 2027 (NTP +40 Weeks)
Phase 2C 95% Submittal Comment Resolution Mtg
March 2027 (NTP +42 Weeks)
2nd Public Meeting with Noise Report
May 2027
Utility Clearance
May 2027
Permits/Approval
May 2027
100% Final PS&E
June 2027 (NTP +52 Weeks)
Right-of-Way Clearance
June 2027
Utility Relocations
July 2027 September 2027
Bid Advertisement
July 2027 2027
Start Construction
October 2027
EXCLUSIONS
The following items are excluded from this scope:
Phase I DCR
Design Exceptions
Traffic Signal Warrant Analysis
Lighting Analysis/Voltage Calculations
Alta Surveys
Utility Designating
Private Utility Relocation Design Plans (APS, RID, WAPA, SWG, Lumen, Cox, etc.)
Utility Pipeline Design and Modeling
Construction Administration and Inspection Services
RID Application Fee and Initial Design Deposit
Permit and Review Fees
Title Reports
Right-of-Way Appraisals and Acquisition (To Be Performed by the City)
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Right-of-Way and/or Easement Staking
Construction Staking
Construction Administration and Inspection Services
CLOMR/LOMR (Allowance)
RID Application Fee and Initial Design Deposit
Post Design Services (Allowance)
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August 6, 2025
Proposal No. 12PHX02-06615
Mr. Eric Watkins, PE
Senior Project Manager / Associate Vice President
AZTEC Engineering
501 44th Street, Suite 300
Phoenix, Arizona 85008
Subject:
Proposal to Provide Geotechnical Engineering Services
Miller Road Improvements
Miller Road from Lower Buckeye Road to Broadway Road
Buckeye, Arizona
Dear Mr. Watkins:
Ninyo & Moore is pleased to submit this proposal to provide geotechnical engineering services for
the above-mentioned project. This proposal is based on the information that we received from your
office. It outlines our scope of services, project assumptions, anticipated schedule, and
estimated fee for this phase of work.
SITE/PROJECT DESCRIPTION
The project consists of improvements to an approximately 1.0-mile-long section of Miller Road
from Lower Buckeye Road to Broadway Road in Buckeye, Arizona. The project includes the
design and construction of Miller Road to improvement it to a Major Arterial roadway with three
travel lanes in each direction with a 20-foot wide median. Some pavement rehabilitation of the
existing roadway may be needed, as well as bridge improvements at the Roosevelt Canal
(either widening or replacement). Additionally, new underground utilities that extend up to 20 feet
deep and several near-surface retention basins are also planned.
SCOPE OF SERVICES
The scope of services we will perform for the project are summarized below:
Review available published and in-house geotechnical reports, topographic information, soil
surveys, geologic literature, and aerial photographs of the project area.
Obtain City of Buckeye permission to conduct the field work.
Conduct a field trip to the site for geologic reconnaissance.
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Conduct a site visit to select and mark out the proposed exploration locations.
Arrange for appropriate traffic control services to be implemented during our field work
activities.
Contact Arizona 811 to evaluate underground utility locations prior to drilling.
Core the existing pavement within Miller Road at up to five locations using an electronic core
machine. Each core sample will be measured and photo-documented.
Perform a geotechnical exploration for the roadway consisting of the drilling, logging, and
sampling of six exploratory borings to depths up to 20 feet below ground surface. The borings
will be spaced about 1,000 feet apart, logged by a Ninyo & Moore employee and advanced
with a truck-mounted drill rig using
Perform a geotechnical exploration for the Roosevelt Canal bridge consisting of the drilling,
logging, and sampling of two exploratory borings to depths up to 75 feet below ground surface.
The borings will be spaced on either side of the Roosevelt Canal, logged by a Ninyo & Moore
employee and advanced with a truck-mounted drill rig using HSAs.
Collect soil samples in the borings for laboratory testing and analysis. Ninyo & Moore
personnel will log the borings in general accordance with the Unified Soil Classification System
and ASTM D2488 by observing cuttings and split-spoon samples. Bulk samples will also be
placed in large plastic bags. The soil samples will be transported to a Ninyo & Moore laboratory
for testing.
Conduct eight field percolation tests in order to assist in evaluating the infiltration rate at
specific locations. Each test procedure will consist of the insertion of a +/-12-inch diameter
impermeable casing into undisturbed soil at the depth up to about 3 feet, followed by
prewetting. The tests will continue after the prewetting period by refilling the casing and
monitoring the drop in water level as a function of time until steady-state conditions are
achieved.
Perform laboratory testing that will evaluate the on-site soil’s index, strength and chemical
characteristics.
Prepare a draft and final geotechnical report for the project alignments that will include logs of
the exploratory borings and results of the laboratory testing. The report will include a cover
letter sealed by a Professional Engineer licensed in the State of Arizona. The report will include
the following:
o
Site vicinity map and boring location map;
o
Description of work scope, laboratory, and field procedures;
o
Encountered subsurface soil and groundwater conditions;
o
Geologic hazards;
o
Excavation characteristics of on-site soils;
o
Temporary soil sloping guidelines;
o
Temporary vertical shoring guidelines;
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o Bedding;
o Backfilling;
o Earthwork factors;
o Potential for re-use of on-site soils;
o Seismic site coefficients per International Building Code and design considerations
including soil profile characteristics for the site.
o Subgrade preparation measures;
o Recommendations for special soil conditions such as expansive, collapsible, or highly
compressible soils;
o Allowable net soil bearing pressures for shallow spread and deep foundations (if needed)
and recommended dimensions and depths;
o Settlement estimates for shallow spread and deep foundations (if needed);
o Pavement rehabilitation for Miller Road;
o Foundation data sheets for the Roosevelt Canal bridge borings;
o New pavement structural section for the reconstruct and widening of Miller Road;
o Field percolation test results; and
o Discussion of soil corrosivity to steel and concrete.
ASSUMPTIONS
We have made the following assumptions in the preparation of this proposal:
Right-of-way permits, except from the City of Buckeye, if needed, will be provided by others.
The field work will be performed during daytime hours.
The work can be accomplished using HSA operating at a normal rate of penetration.
If auger refusal is encountered, we will terminate the drilling and notify your office.
Ninyo & Moore will not need to obtain any environmental clearance as a part of this project.
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SCHEDULE
We are prepared to initiate this project immediately and could begin the field work within about
four weeks after received right-of-entry permission and the fieldwork should be finished within
two weeks. We anticipate issuing our report within about eight weeks after the field work is
finished. Preliminary geotechnical recommendations can be provided about one week after the
field work is done.
ESTIMATED FEE
We propose to perform the work scope described above for an estimated fee of $45,000
(Forty-Five Thousand Dollars). This estimated fee is based on the scope of services presented
above and our understanding of the project. We will notify you if any additional services or charges
are
appropriate.
To
authorize
our
services,
please
sign
and
return
the
attached
Work Authorization and Agreement.
We look forward to working with you.
Respectfully submitted,
NINYO & MOORE
Steven D. Nowaczyk, PE
Managing Principal Engineer
SDN/tlp
Attachments: Breakdown of Estimated Fee
Work Authorization and Agreement
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Principal Engineer/Geologist/Environmental Scientist
hour
@
195.00
$
/hour
-
$
Senior Engineer/Geologist/Environmental Scientist
hour
@
175.00
$
/hour
-
$
Senior Project Engineer/Geologist/Environmental Scientist
hour
@
165.00
$
/hour
-
$
Project Engineer/Geologist/Environmental Scientist
20 hours @
150.00
$
/hour
3,000.00
$
Senior Staff Engineer/Geologist/Environmental Scientist
hour
@
140.00
$
/hour
-
$
Staff Engineer/Geologist/Environmental Scientist
10 hours @
130.00
$
/hour
1,300.00
$
Senior Technician
hour
@
90.00
$
/hour
-
$
Principal Engineer/Geologist/Environmental Scientist
hour
@
195.00
$
/hour
-
$
Senior Engineer/Geologist/Environmental Scientist
hour
@
175.00
$
/hour
-
$
Senior Project Engineer/Geologist/Environmental Scientist
hour
@
165.00
$
/hour
-
$
Project Engineer/Geologist/Environmental Scientist
hour
@
150.00
$
/hour
-
$
Senior Staff Engineer/Geologist/Environmental Scientist
hour
@
140.00
$
/hour
-
$
Staff Engineer/Geologist/Environmental Scientist
40 hours @
130.00
$
/hour
5,200.00
$
Traffic Control
Lump Sum
4,000.00
$
Drill Rig and Operator
Lump Sum
14,000.00
$
$ 4,125.00
Principal Engineer/Geologist/Environmental Scientist
5 hours @
195.00
$
/hour
975.00
$
Senior Engineer/Geologist/Environmental Scientist
hour
@
175.00
$
/hour
-
$
Senior Project Engineer/Geologist/Environmental Scientist
hour
@
165.00
$
/hour
-
$
Project Engineer/Geologist/Environmental Scientist
30 hours @
150.00
$
/hour
4,500.00
$
Senior Staff Engineer/Geologist/Environmental Scientist
20 hours @
140.00
$
/hour
2,800.00
$
Staff Engineer/Geologist/Environmental Scientist
10 hours @
130.00
$
/hour
1,300.00
$
Technical Illustrator/CAD Operator
30 hours @
80.00
$
/hour
2,400.00
$
Data Processor
20 hours @
70.00
$
/hour
1,400.00
$
Tests to evaluate on-site soil¶s index, strength and chemical characteristics.
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WORK AUTHORIZATION AND AGREEMENT
Please Sign and Return One Copy to:
NINYO & MOORE
3202 East Harbour Drive
Phoenix, Arizona 85034
PROPOSAL NO. 12PHX02-06615
1.
PROJECT ADDRESS:
Miller Road from Lower Buckeye Road to Broadway Road, Buckeye, Arizona
2.
PROJECT DESCRIPTION:
Geotechnical Engineering Services
3.
SCOPE OF STUDY:
Please refer to proposal dated August 6, 2025.
4.
FEE: $45,000 (Forty-Five Thousand Dollars – Time and Materials)
5.
PORTION OF FEE IN ADVANCE OF WORK: None
6.
CLIENT:
AZTEC Engineering
PHONE: (602) 454-0402
501 44th Street, Suite 300
Phoenix, Arizona 85008
CONTACT: Eric Watkins
PHONE: (602) 454-0402
7.
STATEMENT TO BE SENT TO: Client
CONDITIONS OF AGREEMENT BETWEEN CLIENT AND NINYO & MOORE
This AGREEMENT is made by and between: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES
CONSULTANTS, hereinafter referred to as CONSULTANT, and AZTEC Engineering, hereinafter referred to as CLIENT.
This AGREEMENT between the parties consists of these TERMS, the attached Proposal identified as No. 12PHX02-06615
dated August 6, 2025, and any exhibits or attachments noted in the Proposal. Together, these elements will constitute the
entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or
explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by
CONSULTANT will be based solely on information available to CONSULTANT. CONSULTANT is responsible for those data,
interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information
developed.
Services performed by CONSULTANT under this AGREEMENT are expected by CLIENT to be conducted in a manner
consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing
contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed
or implied, made in connection with the providing of geotechnical consulting services.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to perform
the work set forth in this agreement. CLIENT will notify any and all possessors of the project site that CLIENT has granted
CONSULTANT free access to the site. Client will protect all property, inside and out, including all plants and landscaping.
CONSULTANT will take reasonable precautions to reduce the potential for damage to the site, but it is understood by CLIENT
that, in the normal course of work, some damage may occur and the correction of such damage or alteration is not part of this
AGREEMENT unless so specified in the Proposal.
CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will
take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CONSULTANT,
and agrees to defend, indemnify and hold CONSULTANT harmless from any claim or liability for injury or loss, including costs
of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition,
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CLIENT agrees to compensate CONSULTANT for any time spent or expenses incurred by CONSULTANT in defense of any
such claim, with compensation to be based upon CONSULTANT's prevailing fee schedule and expense reimbursement policy.
SAMPLE DISPOSAL
CONSULTANT will dispose of remaining soil, rock, and water samples approximately thirty (30) days after submission of the
report covering those samples. Further storage or transfer of samples can be made at CLIENT's expense upon CLIENT's
prior written request.
MONITORING
If CONSULTANT is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of
construction work or other field activities as set forth in the Proposal, then this phrase applies. For the specified assignment,
CONSULTANT will report observations and professional opinions to CLIENT or CLIENT’s agent. No action of CONSULTANT
or CONSULTANT's site representative can be construed as altering any AGREEMENT between the CLIENT and others.
CONSULTANT will report to CLIENT or CLIENT’s agent any observed geotechnically related work which, in CONSULTANT's
professional opinion, does not conform with plans and specifications. The CONSULTANT has no right to reject or stop work
of any agent or subcontractor of CLIENT; such rights are reserved solely for CLIENT. Furthermore, CONSULTANT's presence
on the site does not in any way guarantee the completion or quality of the performance of the work of any party retained by
CLIENT to provide field or construction-related services.
If CONSULTANT is not retained by Client for the purpose of monitoring construction work or field activities, CONSULTANT
will expressly not be held liable or responsible for such activities or for the geotechnical performance of the completed project.
Monitoring of construction work or field activities and the geotechnical performance of the completed project is and will remain
the sole and express responsibility of the CLIENT or other party designated by the CLIENT. CLIENT hereby agrees to
indemnify and hold harmless CONSULTANT from and against any loss or judgment, suffered by the CONSULTANT as a
result of a claim or lawsuit resulting from CLIENT’s failure to monitor construction work or field activities for which
CONSULTANT has not been retained.
CONSULTANT will not be responsible for and will not have control or charge of specific means, methods, techniques,
sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT. It is mutually
understood and agreed by CLIENT and CONSULTANT that CONSULTANT has no control or enforcement ability over any
persons or parties who are not employees of CONSULTANT. CONSULTANT does not purport to be, nor is CONSULTANT
responsible for, any safety precautions nor programs incident thereto for such non-employees of CONSULTANT.
OWNERSHIP AND MAINTENANCE OF DOCUMENTS
Unless otherwise specified in this Agreement or in an Addendum, and provided that CONSULTANT has been fully paid for
the Services, CLIENT shall have the right to use the documents, maps, photographs, drawings and specifications resulting
from CONSULTANT’s efforts on the project, for purposes reasonably contemplated by the parties. CONSULTANT shall have
the right, but shall not be obligated, to retain copies of all such materials and shall have the right to use the same for any
purpose, unless such use would be expected to cause harm to CLIENT. CLIENT shall specify in advance, in writing, and be
charged for all arrangements for special or extended-period maintenance of such materials by CONSULTANT.
CONSULTANT retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from
its Services.
Reuse of any material described by CLIENT, including publication to third parties, on extension of this project or on any other
project without CONSULTANT’s written authorization, shall be at CLIENT’s risk, and CLIENT agrees to indemnify, defend,
and hold harmless CONSULTANT from all claims, damages, and expenses, including attorney’s fees, arising out of such
unauthorized reuse.
BILLING AND PAYMENT
CLIENT will pay CONSULTANT in accordance with the procedures indicated in the Proposal and its attachments. Invoices
will be submitted to CLIENT by CONSULTANT, and will be due and payable upon presentation. If CLIENT objects to all or
any portion of any invoice, CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will
immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described
above, the balance as stated on the invoice will be paid.
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Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an
additional charge of three quarters of a percent (.75) per month (or the maximum percentage allowed by law, whichever is
lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT.
Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses
incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by CLIENT to
CONSULTANT per CONSULTANT's current fee schedules. In the event CLIENT fails to pay CONSULTANT within sixty (60)
days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the failure to pay the
CONSULTANT's invoice as a breach of this AGREEMENT and CONSULTANT may cease work on the project. At
CONSULTANT’s option, CONSULTANT may waive said major breach upon payment by CLIENT of all arrearages and
outstanding invoices.
TERMINATION
This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any
provision of this AGREEMENT or in the event of substantial failure of performance by either party, or if CLIENT suspends the
work for more than three (3) months. In the event of termination, CONSULTANT will be paid for services performed prior to
the date of termination plus reasonable termination expenses, including, but not limited to, the cost of completing analyses,
records, and reports necessary to document job status at the time of termination.
RISK ALLOCATION
Many risks potentially affect CONSULTANT by virtue of entering into this AGREEMENT to perform professional consulting
services on behalf of CLIENT. The principal risk is the potential for human error by CONSULTANT. For CLIENT to obtain the
benefit of a fee which includes a nominal allowance for dealing with CONSULTANT's liability, CLIENT agrees to limit
CONSULTANT's liability to CLIENT and to all other parties for claims arising out of CONSULTANT's performance of the
services described in this AGREEMENT. The aggregate liability of CONSULTANT will not exceed $50,000 for negligent
professional acts, errors, or omissions, including attorney’s fees and costs which may be awarded to the prevailing party, and
CLIENT agrees to indemnify and hold harmless CONSULTANT from and against all liabilities in excess of the monetary limit
established above.
Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and
knowingly entered into, and shall apply to all theories of recovery including, but not limited to, breach of contract, warranty,
tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross
negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with
other parties who may join CONSULTANT as a third-party nor by an award of attorney’s fees and costs to the prevailing party
in excess of the aggregate liability agreed upon herein by the parties. Parties means CLIENT and CONSULTANT and their
officers, employees, agents, affiliates, and subcontractors.
Both CLIENT and CONSULTANT agree that they will not be liable to each other, under any circumstances, for special, indirect,
consequential, or punitive damages arising out of or related to this AGREEMENT.
INDEMNIFICATION
If any claim is brought against CONSULTANT, its employees, agents and subcontractors and/or CLIENT by a third party,
relating in any way to the Services, the contribution and indemnification rights and obligations of CONSULTANT and Client,
subject to the paragraph titled “Risk Allocation” above, such claim shall be determined as follows:
1. If any negligence, breach of contract, or willful misconduct of CONSULTANT caused any damage, injury, or loss claimed
by the third party, then CONSULTANT and CLIENT shall each indemnify the other against any loss or judgement on a
comparative negligence basis (CLIENT responsibility to include that of its agents, employees, and other contractors); and
2. Unless CONSULTANT was liable for negligence, breach of contract, or willful misconduct which in whole or in part, caused
the damage, injury, or loss asserted in the third party claim, CLIENT shall indemnify CONSULTANT against the claim,
liability, loss, legal fees, consulting fees, and other costs of defense reasonably incurred.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project
site, and that CLIENT has informed CONSULTANT of CLIENT's findings relative to the possible presence of such materials.
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Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONSULTANT
and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a
renegotiation of the scope of work or termination of services. CONSULTANT and CLIENT also agree that the discovery of
unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health
and safety. CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs incident to the
discovery of unanticipated hazardous materials.
CONSULTANT agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also
agrees to hold CONSULTANT harmless for any and all consequences of disclosures made by CONSULTANT which are
required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT's
responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous
materials.
Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CONSULTANT and, to the
maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability,
and/or defense costs for injury or loss arising from CONSULTANT's discovery of unanticipated hazardous materials or
suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated
with possible reduction of the property's value.
CLIENT will be responsible for ultimate disposal of any samples secured by CONSULTANT which are found to be
contaminated.
DISPUTE RESOLUTION
If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires
litigation, then:
1.
The claim will be brought and tried in judicial jurisdiction of the court of the county where CONSULTANT's principal
place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction,
and;
2.
The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs,
attorneys' and expert witness fees, and other claim-related expenses.
GOVERNING LAW AND SURVIVAL
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the
remaining provisions will not be impaired. Risk allocation and indemnities will survive termination or failure of this
AGREEMENT for any cause.
The parties have read, or had the opportunity to read, the foregoing, including all attachments, addendums, and exhibits
hereto, have had an opportunity to discuss the same, understand completely the terms, and willingly enter into this
AGREEMENT which will become effective on the date signed below by CLIENT.
Printed Name of Client or Authorized Agent
Signature of Client or Authorized Agent
Date
Steven D. Nowaczyk, PE, Managing Principal Engineer
Date
PM: SDN
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Gary Fromm
Albert Santana
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Miller Road Widening
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Gary Fromm
Albert Santana
Miller Road Widening
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TYPSA, Inc.
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(REV. 6.23.25)
Miller Road Widening
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