ON-CALL CONTRACT BOD.PDF

Maricopa County — Formal (2021-08-04)

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CONTRACT FCD 2021C009
PARADISE RIDGE DRAINAGE IMPROVEMENTS ON-CALL

CONTRACT FCD 2021C009
Paradise Ridge Drainage Improvements On-Call
TABLE OF CONTENTS
SECTION I – SERVICES OF THE CONSULTANT……………………………………….….. 3
SECTION II – WORK ASSIGNMENTS AND PERIOD OF SERVICES……………………. 3
SECTION III – PAYMENTS TO THE CONSULTANT…………………………………….…. 4
SECTION IV – THE DISTRICT’S RESPONSIBILITIES……………………………………… 5
SECTION V – ALTERATIONS IN THE SCOPE OF WORK ………………………………… 6
SECTION VI – RECORDS………………………………………………………………………. 7
SECTION VII – CONTRACT/WORK ASSIGNMENT COMPLETION……………………… 7
SECTION VIII – TERMINATION………………………………………………………………... 7
SECTION IX – OWNERSHIP OF DOCUMENTS…………………………………………….. 8
SECTION X – COMPLIANCE WITH LAWS…………………………………………………... 9
SECTION XI – GENERAL CONSIDERATION……………………………………………….. 10
SECTION XII – SUCCESSORS AND ASSIGNS……………………………………………... 12
SECTION XIII – NO KICK-BACK CERTIFICATION …………………………………………. 12
SECTION XIV – INFLUENCE…………………………………………………………………... 12
SECTION XV – CERTIFICATION REGARDING DEBARMENT AND SUSPENSION…… 13
SECTION XVI – CERTIFICATION REGARDING LOBBYING……………………………....14
SECTION XVII – ANTI-DISCRIMINATION PROVISION…………………………………… 15
SECTION XVIII – SMALL BUSINESS ENTERPRISE (SBE) PROGRAM…………...……. 15
SECTION XIX – INDEMNIFICATION…………………………………………………..…….. 15
SECTION XX – INSURANCE REQUIREMENTS……………………..……………………... 16
SIGNATURE PAGE……………………………………………………………………………… 20
ATTACHMENTS AND EXHIBITS……..……………………………………………………….. 21
Attachment 1 – Certificate of Performance & Payments of Claims
Attachment 2 – Certificate of Insurance
Attachment 3 – Maricopa County SBE Reporting Form
Exhibit A – General Scope of Work
Exhibit B – Fee Schedules
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CONTRACT FCD 2021C009
Paradise Ridge Drainage Improvements On-Call
Pursuant to the provisions of the Arizona Revised Statutes (A.R.S.) § 48-3603, the Board of
Directors of the Flood Control District of Maricopa County has the authority to enter into
contracts.
The Flood Control District of Maricopa County, Arizona, hereinafter the “District”, is desirous of
having On-Call Services for Paradise Ridge Drainage Improvements On-Call Project
performed for those services more fully described in Exhibit A, General Scope of Work, and
Exhibit B, Fee Schedule, attached; Wood, Patel & Associates, hereinafter called “Consultant”,
with its principal offices located at 2051 W. Northern Avenue, Ste. 100, Phoenix, AZ 85021 is
desirous of performing said services.
THEREFORE, the parties hereto mutually agree as follows:
The District’s authorized representative shall be the Project Manager or his/her duly authorized
representative, hereinafter the “Agent”.
SECTION I—SERVICES OF THE CONSULTANT
The Consultant, under the general supervision of the Agent, shall perform Design Services as
necessary for the Paradise Ridge Drainage Improvements On-Call contract according to the
directions and designated standards of the District, in accordance with Exhibit A, General Scope
of Work and Exhibit B, Fee Schedule, and only as authorized and directed through Contract
Work Assignments.
The Consultant shall meet periodically with the Agent so as to keep the District informed of the
progress of the work in accordance with each Work Assignment.
SECTION II— WORK ASSIGNMENTS AND PERIOD OF SERVICE
Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work will
be developed for each Work Assignment and incorporated herein by reference.
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The amount of work requested during the life of the contract is unknown; the least amount being
zero and the maximum amount being limited to the "not-to-exceed" amount of the contract.
A Not to Exceed fee will be negotiated for each Work Assignment consistent with Exhibit B, Fee
Schedule.
The Consultant shall complete all work in accordance with the provisions of Exhibit A, General
Scope of Work and the detailed Scope of Work as negotiated for each specific Work
Assignment. Performance of a Work Assignment shall commence only upon receipt of the
Agent’s written Notice to Proceed; any work or materials furnished by the Consultant without
such written authorization first being given shall be at Consultant’s own risk, cost, and expense,
and Consultant hereby agrees to make no claim for compensation for such work or materials
furnished.
Work Assignments under this Contract may include “Optional Tasks”, which will be explicitly
identified as such in the Work Assignment Detailed Scope of Work. The Consultant must obtain
the Agent’s written authorization prior to initiating any Optional Task.
All work initiated under this Contract must be completed on or before the expiration date of the
Contract, and on or before the expiration date of the subject Work Assignment. The DISTRICT
shall have the authority to extend the term of this Contract for such period of time as deemed
necessary for the Project.
This Contract shall be effective for seven hundred thirty (730) calendar days from the date of its
execution with the option to renew at the Districts discretion or until the Contract amount of two
million dollars and zero cents ($2,000,000.00) is expended, whichever occurs first.
SECTION III—PAYMENTS TO THE CONSULTANT
The Consultant shall be paid a fee not-to-exceed two million dollars and zero cents
($2,000,000.00) for work under this Contract in accordance with the General Scope of Work.
The District shall make final payment to the Consultant for each Work Assignment upon
satisfactory completion and acceptance by the District, provided the Consultant returns the
executed Work Assignment Certificate of Performance furnished by the Agent. Should an
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assignment require more than thirty (30) days to complete, the Consultant may invoice progress
payments based on District approved monthly progress reports and subject to the limitations set
forth in the Detailed Scope of Work negotiated for the Work Assignment.
Not-to-exceed Work Assignments will be paid on the basis of actual hours worked and actual
costs incurred, per schedules attached under the Work Assignment. The negotiated hourly rate
shall be paid for all labor performed on the Contract that meets the labor classification specified
in the Contract. Should an employee perform work associated with a labor classification above
or below that of the employee’s actual classification, whichever rate is lower will be used for
payment. Should a labor classification’s rate represented on a Work Assignment schedule differ
from that rate represented on the Contract Exhibit B Fee Schedule, the lowest rate will apply.
With each request for payment, the Consultant shall complete and provide the “Maricopa
County Small Business Enterprise Program Participation Reporting Form” which is included with
this Contract document.
A Certificate of Performance will be provided with each Work Assignment. Upon Completion of
each Work Assignment, the Consultant will furnish to the District that Certificate of Performance,
fully executed. Upon completion of all Work Assignments under this Contract, the Consultant
will furnish to the District an executed Contract Certificate of Performance (Attachment 1).
SECTION IV—THE DISTRICT’S RESPONSIBILITIES
The District shall furnish the Consultant, at no cost to the Consultant, the following information
or services for each Work Assignment:
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the
Work Assignment. This does not, however, relieve the Consultant of the responsibility of
searching records for additional information, for requesting specific information, or for
verification of that information provided. The District does not warrant the accuracy or
comprehensiveness of any such information.
B. All available information and data relative to policies, standards, criteria, studies, etc.
impacting the Work Assignment as identified by the Consultant.
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C. Available staff for consultation with the Consultant during the performance of studies and
plan development in order to identify the problems, needs, and other functional aspects of
the Work Assignment.
D. Prompt examination of documents submitted by the Consultant and rendering of decisions
pertaining thereto in order to avoid unreasonable delay in the progress of the work by the
Consultant. The District will keep the Consultant advised concerning the progress of the
District’s review of work.
SECTION V—ALTERATION IN SCOPE OF WORK
This Contract and Work Assignments issued under this Contract may be amended by mutual
written agreement of the District and the Consultant.
Any alteration in the General Scope of Work that will result in a substantial change in the nature
of the Contract so as to materially increase or decrease the Contract fee will require negotiation
of an amendment to the Contract to be executed by the District and the Consultant; no work
shall commence on the change until the Contract amendment has been approved by the District
and the Consultant has been notified to proceed by the Agent. Any alteration in a Work
Assignment Detailed Scope of Work that will result in a substantial change in the nature of the
Work Assignment so as to materially increase or decrease the Work Assignment fee will require
negotiation of an amendment to the Work Assignment to be executed by the District; no work
shall commence on the change until the Work Assignment amendment has been approved by
the District and the Consultant has been notified to proceed by the Agent. Redistributions of
resources, between negotiated Work Assignment tasks, that do not materially impact the total
Work Assignment fee shall require the Agent’s authorization.
It is distinctly understood and agreed that no claim for extra work done or materials furnished by
the Consultant will be allowed by the District except as provided herein, nor shall the Consultant
do any work or furnish any materials not covered by this agreement unless such work is first
authorized in writing by the District and in accordance with the Maricopa County Procurement
Code. Any such work or materials furnished by the Consultant without such written authorization
first being given shall be at Consultant’s own risk, cost, and expense, and Consultant hereby
agrees to make no claim for compensation for such work or materials furnished.
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SECTION VI—RECORDS
Records of the Consultant’s expenses pertaining to this Contract and records of accounts
between the District and the Consultant shall be kept by the Consultant on a generally
recognized accounting basis for six (6) years following final payment and shall be available
upon request to the District or its authorized representative for audit during normal business
hours. In the event that the Consultant’s records do not support a charge incurred by the
District, the Consultant shall reimburse the District for the unsupported charge or provide
supporting documentation within thirty (30) days of notification.
SECTION VII—CONTRACT/WORK ASSIGNMENT COMPLETION
If, during the course of this Contract and/or a Contract Work Assignment, situations arise which
prevent completion within the allotted time for the Contract/Work Assignment, the Agent may
grant an extension. Any work or materials furnished by the Consultant outside the allotted
Contract/Work Assignment completion time (as extended, if applicable) shall be at the
Consultant’s own risk, cost, and expense, and Consultant hereby agrees to make no claim for
compensation for such work or materials furnished.
SECTION VIII—TERMINATION
The District may terminate this Contract at any time upon reimbursement to the Consultant of
expenses that include reasonable charges for time and material for the percentage of work
satisfactorily completed and turned over to the District.
The District reserves the right to postpone, terminate, or abandon this Contract for the
Consultant’s failure to complete any Work Assignment on time, or failure to comply with the
provisions of the Contract. The District also reserves the right to terminate any or all parts of this
Contract for its own convenience as the District may determine at its sole discretion.
The District hereby gives notice that pursuant to A.R.S. § 38-511 “A” this Contract may be
canceled without penalty or further obligation within three (3) years after execution if any person
significantly involved in initiating, negotiating, securing, drafting, or creating a contract on behalf
of the District is, at any time while the contract or any extension of the contract is in effect, an
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employee or agent of any other party to the contract in any capacity or a consultant to any other
party of the contract with respect to the subject matter of the contract. Cancellation under this
section shall be effective when written notice from the District Director is received by all of the
parties of the contract. In addition, the District may recoup any fee or commission paid or due to
any person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the District from any other party to the contract arising as a result of the
contract.
The Consultant may terminate this Contract in the event of nonpayment of fees as specified in
Section III, Payments to the Consultant.
SECTION IX—OWNERSHIP OF DOCUMENTS
A. All original documents including, but not limited to studies, reports, tracings, drawings,
physical and computer models, estimates, field notes, investigations, design analysis,
calculations, computer software, and specifications, prepared in the performance of this
Contract are to be and remain the property of the District and are to be delivered to the
Agent before final payment is made to the Consultant. The District will not reuse, alter or
modify these documents without noting such modifications, alterations, or intent of their
reuse, and will hold the Consultant harmless from any claims arising from such reuse,
modifications, or alterations of the documents. The Consultant may retain reproducible
copies of all such documents delivered to the District.
B. If the Consultant retains reproducible copies of all such documents delivered to the District,
the Consultant may not use those documents in regard to current or future claims or
litigation against the District brought by another party or parties unless the documents are
independently produced in accordance with a court order or procedural rules and notice of
such production is given to the District immediately and prior to their production.
C. Copies retained by the Consultant, sub-consultant(s), or any related entities are governed
by Arizona Law regarding the use of public records and may not be used for commercial
purpose without additional written permission from the District and the payment of all
applicable fees.
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D. The District reserves the right to reuse, reproduce and distribute the documents as it sees
fit.
SECTION X—COMPLIANCE WITH LAWS
A. The Consultant is required to comply with all Federal, State, and local laws, local ordinances
and regulations. The Consultant’s signature on this Contract certifies compliance with the
provisions of the I-9 requirements of the Immigration Reform and Control Act of 1986 for all
personnel that the Consultant and any sub-consultants employ to complete any Work
Assignment. It is understood that the District shall conduct itself in accordance with the
provisions of the Maricopa County Procurement Code.
The Consultant warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
(1) That the Consultant and its sub-consultants, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214, subsection A; After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility of the
employee through the e-verify program and shall keep a record of the verification for the
duration of the employee's employment or at least three years, whichever is longer.
(2) That a breach of a warranty under Subsection (1) above, shall be deemed a material
breach of the Contract that is subject to penalties up to and including termination of the
Contracts;
(3) That the contracting government entity retains the legal right to inspect the papers of any
Consultant or sub-consultant employee who works on the Contract to ensure that the
Consultant or sub-consultant is complying with the warranty provided under Subsection
(1) above and that the Consultant agrees to make all papers and employment records of
said employee(s) available during normal working hours in order to facilitate such an
inspection.
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(4) That nothing herein shall make any consultant or sub-consultant an agent or employee
of the contracting government entity.
(5) The District may request verification of compliance for any Consultant or sub-consultant
performing work under the Contract. Should the District suspect or find that the
Consultant or any of its subcontractors are not in compliance, the District may pursue
any and all remedies allowed by law, including, but not limited to: suspension of work,
termination of the Contract for default, and suspension and/or debarment of the
Consultant. All costs necessary to verify compliance are the responsibility of the
Consultant.
SECTION XI—GENERAL CONSIDERATIONS
A. The Consultant shall furnish to the District for approval, the names of its key employees, and
of its sub-consultants and their key employees, to be used on the Work Assignment prior to
beginning the work under this Contract. Any subsequent changes are subject to the written
approval of the District.
B. The Consultant shall perform, with its own firm, work amounting to fifty percent (50%) or
more of the total amount of the Contract value. Any deviation may be approved, in writing, at
the discretion of the Agent.
C. The failure of either party to enforce any of the provisions of this Contract or to require
performance of the other party of any of the provisions hereof shall not be construed to be a
waiver of such provisions, nor shall it affect the validity of this Contract or any part thereof, or
the right of either party to thereafter enforce each and every provision.
D. The Consultant shall be responsible for the cost of any additional design, field layout,
testing, construction and supervision necessary to correct those errors or omissions
attributable to the Consultant, and for any damage incurred by the District as a result of
additional construction costs caused by such Consultant errors or omissions.
E. The fact that the District has accepted or approved the Consultant’s work shall in no way
relieve the Consultant’s responsibility.
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F. It is mutually understood and agreed that this Contract shall be governed by the laws of the
State of Arizona, both as to interpretation and performance. Any action at law, suit in equity,
or judicial proceeding for the enforcement of this Contract, or any provision thereof, shall be
instituted only in the courts of the State of Arizona.
G. When this Contract requires the Consultant to study specific geographic areas of Maricopa
County (including, but not limited to, floodplain delineations, watercourse master plans, area
drainage master studies, or any other site specific assignment), the Consultant agrees
during the term of this Contract and any extensions thereof that Consultant will not perform
similar services for any clients other than the District within that specific geographic area
without the written authorization and approval of the Director of the District.
H. The Consultant shall incorporate stormwater quality best management practices (BMPs) in
the design of the project and comply with the Maricopa County Stormwater Quality
Management and Discharge Control Regulation, the Maricopa County Drainage Policies
and Standards, and the Maricopa County Drainage Regulations, using guidance from the
Maricopa County Drainage Design Manual, Vol. III, Erosion Control.
I. The Consultant agrees that it, its principals, employees, sub-consultants, agents and
assigns, shall not accept employment as consultants, expert witnesses or otherwise in any
pending or contemplated litigation against the District during the term of this Contract and
any extensions thereof without the written authorization and approval of the Director of the
District.
J. The Consultant agrees that it, its principals, employees, sub-consultants, agents and
assigns, shall not accept employment as consultants, expert witnesses or otherwise in any
future litigation against the District in regard to the subject matter of this Contract without the
written authorization and approval of the Director of the District.
K. It is understood that the District shall have the right to seek and obtain in any court of
competent jurisdiction an injunction to restrain a violation or alleged violation by the
Consultant, its principals, employees, sub-consultants, agents or assigns, of the provisions
of G., I., and J. of this section or of the provisions of B. of Section IX, and the right of action
for full damages at law, in addition to any other remedies provided by this Contract. In no
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case shall a waiver by the District of the right to seek relief under this provision constitute a
waiver of any other or further violation.
SECTION XII—SUCCESSORS AND ASSIGNS
This Contract shall not be assigned by either party without prior written approval of the other
except that the Consultant may use in the performance of this Contract without prior approval of
the District, personnel or services of its related entities and affiliated companies as if they were
an integral part of the Consultant; and it shall extend to and be binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
SECTION XIII—NO KICK-BACK CERTIFICATION
The Consultant warrants that no person has been employed or retained to solicit or secure this
Contract upon any agreement or understanding for a commission, percentage, brokerage, or
contingent fee; and that no member of the District’s Board of Directors or any employee of the
District has any interest, financially or otherwise, in the Consultant’s firm.
For breach or violation of this warranty, the District shall have the right to annul this Contract
without liability or at its discretion to deduct from the Contract price or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
SECTION XIV—INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence
an employee or agent to breach the Maricopa County Ethical Code of Conduct or breach any
ethical conduct, may be grounds for Debarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
1. A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or
educational passes or tickets, or any type valuable contribution or subsidy;
2. That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of the District or Maricopa County, the
Maricopa County Chief Procurement Officer, or his designee, reserves the right to seek any
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remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the
law, or any remedy provided by this Contract.
SECTION XV—CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the Consultant) certifies to the best of his or her
knowledge and belief, that the Consultant, defined as the primary participant in accordance with
45 CFR Part 76, and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agency;
2. Have not within 3-year period preceding this Contract been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph
(2) of this certification; and
4. Have not within a 3-year period preceding this Contract had one or more public transaction
(Federal, State or local) terminated for cause of default.
Should the Consultant not be able to provide this certification, an explanation as to why should
be attached to the Contact.
The Consultant agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this Contract.
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5. Written Certification Pursuant to A.R.S. § 35-393.01: If vendor engages in for-profit activity
And has 10 or more employees, and if this Agreement has a value of $100,000 or more,
VENDOR certifies it is not currently engaged in, and agrees for the duration of this
Agreement to not engage in, a boycott of goods or services from Israel. This certification does
not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50
U.S.C. § 4842.
SECTION XVI—CERTIFICATION REGARDING LOBBYING
The undersigned (authorized official signing for the Consultant) certifies, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an office or employee
of an agency, a Member of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperation agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying
Activities,” in accordance with it instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, suggrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
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subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
SECTION XVII—ANTI-DISCRIMINATION PROVISION
The Consultant agrees not to discriminate against any employee or applicant for employment
because of race, religion, gender, age, disability, or national origin, and further agrees not to
engage in any unlawful employment practices. The Consultant further agrees to insert the
foregoing provisions in all subcontracts hereunder.
SECTION XVIII – SMALL BUSINESS ENTERPRISE (SBE) PROGRAM
The Maricopa County Small Business Enterprise (SBE) Program is incorporated by reference. It
is Maricopa County’s policy to provide small businesses the opportunity to participate in the
District’s solicitation process and to be considered to fulfill the requirement for various
commodities and services. No specific SBE participation percentage goal or dollar amount has
been established for this Contract.
SECTION XIX—INDEMNIFICATION
To the fullest extent permitted by law, the Consultant shall defend, indemnify, and hold harmless
the District, Maricopa County and their 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 acts, errors, omissions
or mistakes relating to the performance of this Contract. The Consultant’s duty to defend,
indemnify, and hold harmless the District, Maricopa County, and their 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 there from, caused by any
negligent acts, errors, omissions, or mistakes in the performance of this Contract including any
person for whose negligent acts, errors, omissions, or mistakes the Consultant may be legally
liable.
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The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of the District.
SECTION XX—INSURANCE REQUIREMENTS
The Consultant, at the Consultant’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State of
Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona
licensing, the stipulated insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said insurance companies meet
the approval of the District. The form of any insurance policies and forms must be acceptable to
the District.
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 the District, constitute a material breach
of this Contract.
The Consultant’s insurance shall be primary insurance as respects the District and Maricopa
County, and any insurance or self-insurance maintained by the District or Maricopa County shall
not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the District’s right to coverage afforded under the
insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to
the coverage provided to the District under such policies. The Consultant shall be solely
responsible for the deductible and/or self-insured retention and the District, at its option, may
require the Consultant to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
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The District reserves the right to request and to receive, within ten (10) working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. The District
shall not be obligated, however, to review such policies and/or endorsements or to advise the
Consultant of any deficiencies in such policies and endorsements, and such receipt shall not
relieve the Consultant from, or be deemed a waiver of the District’s right to insist on strict
fulfillment of the Consultant’s obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation and Errors and
Omissions, shall name the District, Maricopa County, and their agents, representatives, officers,
directors, officials, and employees as Additional Insureds.
The policies required hereunder, except Workers’ Compensation and Errors and Omissions,
shall contain a waiver of transfer of rights of recovery (subrogation) against the District,
Maricopa County and their agents, representatives, officers, directors, officials, and employees
for any claims arising out of the Consultant’s work or service.
REQUIRED INSURANCE COVERAGES
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 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include
coverage for bodily injury, broad form property damage, personal injury, products, and
completed operations and blanket contractual coverage, and shall not contain any provision 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.
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 Consultant’s owned, hired, and non-
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owned vehicles assigned to or used in performance of the Consultant’s work or services under
this Contract.
Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction of the Consultant’s employees engaged in the performance of the work or
services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for
each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. The
Consultant waives all rights against the District, Maricopa County, and their 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 the Consultant pursuant to this Contract.
Errors and Omissions Insurance
Errors and Omissions insurance and, when necessary, Commercial Umbrella insurance, which
will insure and provide coverage for errors or omissions of the Consultant, with limits of no less
than $2,000,000 for each claim.
Certificates of Insurance
Prior to commencing work or services under this Contract, the Consultant shall furnish the
District with Certificates of Insurance in a form acceptable to the District, or formal
endorsements as required by the Contract in the form provided by the District, issued by the
Consultant’s insurer(s), as evidence that policies providing the required coverage’s, conditions,
and limits required by this Contract are in full force and effect. Such certificates shall identify this
Contract number and Contract title.
In the event any insurance policy(ies) required by this Contract is(are) written on a “claims
made” basis, coverage shall extend for two (2) years past completion and acceptance of the
Consultant’s work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to the
District fifteen (15) days prior to the expiration date.
Contract 2021C009 Page 18 of 24

Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30)
days prior written notice to the District.
……………………………………………………………………………………………………………….
Contract 2021C009 Page 19 of 24

CONTRACT FCD 2021C009
Paradise Ridge Drainage Improvements On-Call
IN WITNESS WHEREOF, the parties herein have executed this Contract.
Wood, Patel & Associates
Principal (Signature)
Printed Name
Title
Date
Federal Tax Identification Number
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED BY: ACCEPTED AND APPROVED:
Michael A. Fulton, Director Date Chairman, Board of Directors 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 the Flood Control District of Maricopa County.
Flood Control District General Counsel Date
Contract 2021C009 Page 20 of 24

CONTRACT FCD 2021C009
Paradise Ridge Drainage Improvements On-Call
ATTACHMENTS
1. Certificate of Performance
2. Certificate of Insurance
3. Maricopa County Small Business Enterprise Program Participation Reporting Form
Exhibit A – General Scope of Work
Exhibit B – Fee Schedules
Contract 2021C009 Page 21 of 24

ATTACHMENT 1
CERTIFICATE OF PERFORMANCE AND PAYMENT OF ALL CLAIMS
The undersigned hereby certifies to the Flood Control District of Maricopa County (District) that
all lawful claims for labor, rental of equipment, material used, and any other claims by Wood,
Patel & Associates, and its subcontractors in connection with the project described in District
contract FCD 2021C009 for the Paradise Ridge Drainage Improvements On-Call Services
have been paid.
Wood, Patel & Associates, understands that with receipt of payment for previously invoiced
amounts plus any retained monies, that this is a settlement of all claims of every nature and kind
against the District arising out of the performance of the District’s contract FCD 2021C009,
relating to the material, equipment, and work covered in and required by the contract.
The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in
regard to this contract and that he/she has no knowledge of any pending or potential claims in
regard to this contract. Upon submission of this document and a separate invoice for any
retained funds to the District, invoice processing will be completed within forty-five (45) calendar
days.
State of Arizona )
) §
County of Maricopa )
Signed this _______day of ____________ 201___.
_________________________________
Signature
_________________________________
Printed Name and Title
SUBSCRIBED AND SWORN TO before me this _______day of ____________ 201___.
_________________________________
Notary Public
My Commission Expires: _________________
Contract 2021C009 Page 22 of 24

ATTACHMENT 2
CERTIFICATE OF INSURANCE
Contract 2021C009 Project Title: Paradise Ridge Drainage Improvements On-Call
NAME AND ADDRESS OF INSURANCE AGENCY: *COMPANIES AFFORDING COVERAGES:
Company A
Letter
Company B
Letter
Company C
Letter
NAME AND ADDRESS OF INSURED: Company D
Letter
Company
Letter E
Company F
Letter
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this time.
*CO. TYPE OF INSURANCE POLICY EFFECTIVE DATE EXPIRATION DATE LIMITS
LTR. NUMBER (MM/DD/YY) (MM/DD/YY)
GENERAL LIABILITY:
 COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $4,000,000
: Claims Made : Occur PRODUCTS/COMPLETED $2,000,000
: PREMISES OPERATIONS OPERATIONS AGGREGATE
: BLANKET CONTRACTURAL EACH OCCURRENCE $2,000,000
: BROAD FORM PROPERTY
DAMAGE
: PERSONAL INJURY
: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
: XCU Hazards
: INDEPENDENT CONTRACTORS
AUTOMOBILE LIABILITY: COMBINED SINGLE LIMIT $2,000,000
: ANY AUTO BODILY INJURY $2,000,000
: ALL OWNED AND NON- PROPERTY DAMAGE $2,000,000
OWNED AUTOS PER PERSON/PER ACCIDENT $2,000,000
: EXCESS LIABILITY EACH OCCURRENCE $
: Umbrella Form AGGREGATE $
: Other than Umbrella Form
: WORKERS’ COMPENSATION STATUTORY LIMITS AND
AND EMPLOYERS’ LIABILITY EMPLOYER’S LIABILITY: $1,000,000
EACH ACCIDENT
DISEASE: EACH EMPLOYEE $1,000,000
DISEASE: POLICY LIMIT $1,000,000
: PROFESSIONAL LIABILITY EACH CLAIM $2,000.000
AGGREGATE $2,000,000
: OTHER: Except for Workers’ Compensation and Professional Liability Insurance, the Flood Control District
of Maricopa County, Maricopa County, and their agents, representatives, officers, Directors,
Officials, and employees are named as Additional Insureds.
Except for Workers’ Compensation and Professional Liability Insurance, the Flood Control District of Maricopa County (District), Maricopa County, City
of Phoenix and their agents, representatives, officers, Directors, Officials, and employees are named as Additional Insured’s on those types of
policies described herein which are required to be furnished by this contract entered into between the insured and the District. To the extent provided
in this Contract, insured shall hold harmless the District from liability arising out of any services provided or duty performed by insured as required by
statute, law, purchase order or otherwise required, with the exception of liability for loss or damage resulting from the sole negligence of the District, its
agents, employees, or indemnities. It is agreed that any insurance available to the named insured shall be primary of other sources that may be
available. It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage available to the District without
thirty (30) days written notice to the District. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE INSURANCE COMPANY.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY DATE ISSUED:
2801 WEST DURANGO STREET
PHOENIX, ARIZONA 85009 AUTHORIZED REPRESENTATIVE
Contract 2021C009 Page 23 of 24

ATTACHMENT 3
MARICOPA COUNTY SBE PROGRAM PARTICIPATION REPORTING FORM
PAY APPLICATION/INVOICE ATTACHMENT
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 Number
Contact Person Project Number
$
Street Address Amount of this Pay Application/Invoice
City, State ZIP
Complete below with information on the SBE firms utilized as sub-consultants/sub-contractors
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 $ Paid to SBE this Inv
$
$
$
$
$
$
$
$
$
$
□ A mark in this box certifies that no SBE firms were utilized as the prime, sub-consultant
or sub-contractor with respect to this pay application/invoice.
Date Signature
Contract 2021C009 Page 24 of 24

EXHIBIT A
GENERAL SCOPE OF WORK
CONTRACT FCD 2021C009
PARADISE RIDGE DRAINAGE IMPROVEMENT PROJECT
DESIGN CONTRACT

EXHIBIT A
FCD 2021C009
GENERAL SCOPE OF WORK
The Project goals and objectives includes the design of a channel system and associated structures to
contain and convey the 100-year event’s discharge, with appropriate freeboard, within Rawhide Wash
from Scottsdale Road to the State Route 101 Freeway (SR-101) culvert system, reduce the floodplain
area north and south of SR-101 and to obtain a Letter of Map Revision (LOMR) after the channel
system is constructed. The Consultant shall provide engineering services for the development of the
Final Plans, Specifications, Construction Cost Estimate and other supporting documentation needed
for the construction of the Project. These services shall include the development of Preliminary Design
and Specifications, Final Design and Specifications, Post Design Construction Support and
coordination with FEMA.
All work shall be performed consistent with the latest version of the DISTRICT’s Consultant
Guidelines. Where there are discrepancies between the Consultant Guidelines, the General Scope of
Work, and detailed Work Assignment Scopes of Work, the following shall govern in order of
importance: 1) Work Assignment Scopes of Work; 2) General Scope of Work; and 3) Consultant
Guidelines.
Future Work Assignments (WA) will be developed under a requirements-based contract for this
Project. All technical services and tasks required for completion of the work authorized under this
Contract are approximate and additional details will be included in future assignments.The contract is
anticipated to be organized under separate work assignments as follow:
• Work Assignment #1, Preliminary Design which will include 30% plans, design calculations,
design data report,
• Work Assignment #2, Final Design,
• Work Assignment #3, Conditional Letter of Map Revision,
• Work Assignment #4, Post design and construction support,
• Additional work assignments may be developed as needed.
The duration of the contract for this project will be for 1,460 days (approximately four (4) years) from
the contract’s Notice to Proceed (NTP).
I. PROJECT BACKGROUND
The Project is a partnership between the District, the City of Phoenix (City) and the Arizona State Land
Department (ASLD).
FCD 2021C009 Page 2 of 11 Exhibit A – Scope of Work

A preliminary Design Concept Report (DCR) was conducted by AECOM for the District and
determined a preliminary alignment and channel section. The DCR estimated a total composite
channel width of approximately 300-ft. The DCR also provided a preliminary hydraulic analysis and
a 100-yr design flow of 9,384-cfs.
The City, through an agreement with ASLD, is providing the rights-of-way (ROW) for the Project and
has stipulated an approximate project corridor width of 600-ft in which the channel may be located.
The channel will terminate at the SR-101 culvert system where a manifold structure is intended to
distribute the runoff to match the capacities of the downstream washes/channels, south of SR-101. The
area set aside for the manifold system is approximately 1200-ft wide, measured from the ADOT ROW
but the goal should be to minimize the footprint of the manifold. In aggregate, the total area allowed
for the channel and manifold structure is approximately 130-acres (refer to Figure 1).
II. CONTRACT SERVICES AND TASKS
Primary activities under this Contract may include data collection, field investigation, engineering
analysis, coordination with Project partners and stakeholders, designs, plans, specifications, estimation
of construction costs, development of design reports and all other reports and applicable documents as
negotiated under the individual WA. In addition, the work will include providing engineering support
during the initial phase of construction from the beginning of the construction contract procurement
phase through the final completion of the project.
Work discussed and described below will be on an “as-needed” basis through individual work
assignments. The amount of work requested during the life of the contract is unknown; the least amount
being zero and the maximum amount being limited to the amount of the contract. The services to be
rendered under this contract shall conform to one or more of the following categories:
1. General
1.1. Perform technical investigations, studies, research, analysis, and additional tasks, as
required to develop a final design for this Project.
1.2. Perform site visits and site-specific inspections.
1.3. Provide deliverables in accordance with the Project schedule.
1.4. Provide post design and construction management support services during the construction
of the project. This may involve resolving all Request for Information (RFI), attending
meetings.
2. Project Management and Administration
2.1. Coordination with the District, Project partners, and regulatory agencies.
2.2. Coordination with subconsultants and vendors.
2.3. Develop individual Work Assignments with District’s direction.
2.4. Develop and update Project progress reports, schedules, and flow charts for each work
assignment.
2.5. Provide monthly invoicing.
FCD 2021C009 Page 3 of 11 Exhibit A – Scope of Work

3. Project Coordination
3.1. Facilitate, document, and participate in a Project “Kick-off meeting” and monthly progress
meetings including a second part of the monthly meeting (work session) to discuss specific
project related activities which may include landscaping and site restoration, structural
aesthetics, and multi-use opportunities as integrated with flood control facilities and
local/regional planning documents or other design related topics.
3.2. Facilitate, document, and participate in individual technical meetings.
3.3. Facilitate, document, and participate in working review meetings, comment review
meetings, design submittal meetings and technical workshops.
3.4. Facilitate, document, and participate in design team meetings with the District, and other
consultants.
3.5. Facilitate, document, and participate in other design team meetings as needed such as Value
Engineering, Constructability analysis session etc.
3.6. Facilitate, document, and participate in other meetings such as:
- Project Aesthetics Advisory Committee (PAAC) Meetings
- Stakeholder Meetings
- Utility coordination meetings
- Meetings with, ADOT, City of Phoenix, City of Scottsdale
- Other meetings as needed.
4. Public and Stakeholder Involvement
4.1. Assist the District by participating in meetings, preparing meeting information and
displays, and providing detailed meeting minutes and action items.
4.2. Coordinate with stakeholders on all Project related issues.
4.3. Facilitate, document, and participate in Public Meetings.
5. Data Collection
5.1. Collect, organize, and review the existing data, reports, and records.
5.2. Prepare data summary, geotechnical, environmental & cultural/archeological resource
reports for use in developing work assignments for field investigations.
6. Survey, Photogrammetry, and Mapping
6.1. District will provide 1-ft accuracy LiDAR data for use on the Project.
6.2. Consultant will obtain supplemental topographic and location survey as needed. Survey
shall be sufficient to tie down existing curb, gutter, sidewalk, edge of pavement, and other
above ground improvements of elements not captured in the LiDAR mapping.
6.3. Develop a ground control survey network including boundary survey as needed to establish
right-of-way limits.
6.4. Locate and plot existing utilities based upon field survey and as-built drawings information.
FCD 2021C009 Page 4 of 11 Exhibit A – Scope of Work

6.5. Review title reports and property record information and prepare a base map with record
right-of-way and parcel boundaries tied to the ground control survey.
6.6. Prepare proposed right-of-way line work, exhibits, maps and legal descriptions needed for
acquisitions, permanent easements, drainage easements, and temporary construction
easements.
6.7. Other survey tasks required in support of the Project may include;
- Surveying property corners, road alignments, section corners, and benchmarks
needed to prepare Right-of-Way and Property Boundary Base Maps.
- Establishing Project Control (including grid to ground conversion) for the Project.
- Survey of Bluestake markings, valves and manholes to use in preparing a Utility
Base map.
- Perform supplemental drainage structure survey in support of a CLOMR.
7. Environmental, Biological & Cultural/Archeological Resource Investigations and Analyses
7.1. Perform all environmental, biological and cultural/archeological resource surveys/analysis
in support of the Project related activities, including, but not limited to:
- Environmental Site Assessment
- Biological Surveys
- Biological Assessment and Consultation with USFWS
- Native Plant Inventories and Salvage Assessments
- Cultural Resource Survey
- 404 Jurisdictional Delineation
- Title VI Environmental Justice Assessment
- Obtaining all related permits.
7.2. Provide reports as necessary documenting the findings of the environmental, biological
and cultural resource surveys and analysis.
7.3. Develop and document a mitigation plan that meets all permit and regulatory requirements
that will be incorporated into the final design plan and address stakeholder concerns.
7.4. All products shall comply with the appropriate jurisdiction’s standards and specifications.
8. Geotechnical Investigations and Analyses
8.1. Perform geotechnical field investigations, including test pits, test trenches, borings,
material sampling, laboratory testing, and other geotechnical investigation methods as
assigned by the District or as needed to for
8.2. the Project.
8.3. Provide documentation as required summarizing the findings of the geotechnical
investigations and analysis.
9. Civil Engineering and Channel Design
FCD 2021C009 Page 5 of 11 Exhibit A – Scope of Work

9.1. Provide engineering and design services for the channel design and associated structures
as needed for the Project.
9.2. Using the DCR as a starting point, refine plan and develop 30% design.
9.3. Provide constructability evaluations for the designs developed.
10. Hydrologic, Hydraulic, and Sediment Investigations and Analyses
10.1. Conduct investigations and analyses for surface water hydrology, hydraulics, and sediment
transport as listed below (or as otherwise required to meet the Project design goals and
objectives). Investigations and analyses for surface water hydrology, hydraulics, and
sediment may include and are not limited to:
- Hydraulic modeling including HEC-RAS 1D, 2D, steady and unsteady flow
analysis, FLO-2D, or other models.
- Hydraulic design of flood control structures including culverts, conduits, gates,
bank protection, and grade controls.
- Sediment yield, sediment transport, and total scour analyses, in accordance with
the draft DDMSW – River Mechanics document (March 2009 version) and the
draft Chapter 11 – Sedimentation Engineering (June 2009 or latest version).
10.2. Prepare documentation for Hydrologic/hydraulic investigations, analysis, and design.
11. Structural Engineering
11.1. Perform structural design in support of the Project for the channel and associated structures
which may include drop structures, roadway culverts as well as other miscellaneous
structural design.
11.2. Provide documentation as required summarizing structural design and calculations.
12. Landscape Architecture
12.1. Provide professional landscape architectural design services to integrate landscape design
principles, site/vegetation restoration methods, water conservation/water resource
management strategies, and potential future multiple use opportunities into concept
development and detailed design of the proposed channel (cross-section and lining),
overbank areas, and associated structures. Utilize applicable District policies and
guidelines for developing aesthetic, restoration and multi-use features for this project.
12.2. Provide design concepts and graphic exhibits in preparation of the proposed DCR and
design efforts, as well as coordinate and participate in potential design charrettes, PAAC
and public meetings, and additional stakeholder meetings to advance landscape
architectural, multiple use, and project-supported water resource management strategies.
12.3. Prepare and develop landscape architectural plans, specifications, cost estimates, etc.
(including, but not limited to: landscape and vegetation restoration, erosion and soil
stabilization, alternative stormwater management features, structural aesthetics, and
multiple use features) in concert with project design deliverable submittals.
FCD 2021C009 Page 6 of 11 Exhibit A – Scope of Work

12.4. Provide bid assistance and post design services in concert with Engineering services noted
in Sections 18 and 19 of this scope of work.
13. Utility Location, Identification and Coordination
13.1. The Consultant and its subcontractors or sub-consultants and their respective employees,
agents, and representatives, when performing the work described in this contact, shall
comply with all rules, regulations and mandates set forth by the County, State, or Federal
governments or any other entity having jurisdiction and shall adhere to all laws and
regulations pertaining to occupational health, environmental protection and all other
regulations and ordinances which apply to any work performed pursuant to the Contract.
13.2. Coordinate with all existing utility companies within project vicinity to get them involved
at the early stage of the design.
13.3. Perform wet and dry utility field investigations to identify the prior right and evaluate need
for utility relocations and prepare the necessary plans, details, specifications, and estimates
of probable cost.
13.4. All land survey and/or utility pothole, locating, and designating work performed under this
contract shall be completed under the responsibility of a land surveyor registered in the
State of Arizona.
14. Value Engineering
14.1. Provide value engineering services.
14.2. Provide documentation for the value engineering services.
15. Engineering Design & Construction Documents
15.1. Prepare engineering drawings, plans, profiles, typical sections, etc. applicable for the
different levels of design.
15.2. Prepare construction drawings and construction documents for the Project. In addition to
requirements of the CADD/Drafting Standards as specified in the District’s Drafting
Guidelines, latest revision.
15.3. Prepare a biddable set of Construction Specifications in complete and final detail meeting
the industry standard of care.
15.4. Prepare construction bid item quantities and estimates of probable construction costs
applicable to each level of design and as well as a final Engineer’s Estimate of Probable
Construction Cost.
15.5. Prepare a construction schedule including, as a minimum, anticipated sequence and
duration of construction operations.
15.6. Prepare a Design Report that contains detailed and complete documentation for the design
and also includes discussion and definition of the engineering considerations and
conclusions incorporated in the design. The Design Report shall also include copies of
pertinent calculations as appendices or attachments.
15.7. Prepare a Construction Quality Assurance Plan in complete and final detail for the Project.
FCD 2021C009 Page 7 of 11 Exhibit A – Scope of Work

15.8. Prepare a new and complete Operations and Maintenance (O&M) Plan consistent with
District criteria for proposed infrastructure elements. The O&M plan may also include
criteria for maintenance of landscaping and vegetation.
15.9. Evaluate need for utility relocations and prepare the necessary plans, details, specifications,
and estimates of probable cost.
15.10. Evaluate need for additional rights-of-way and easement requirements for the project and
prepare right-of-way plans for use by others in acquiring the necessary right-of-way as well
as for inclusion in the construction plan set.
15.11. Provide deliverables in accordance with the project schedule at 30%, 60%, 90%, and 100%
design levels.
15.12. Perform independent technical reviews and quality assurance and quality control reviews.
15.13. Coordinate with the City on conducting an analysis for future utilities in the channel design
16. FEMA Coordination
16.1. Prepare the Conditional Letter of Map Revision (CLOMR) package that documents
the hydrologic, hydraulic, sediment transport, channel design, as-builts, survey, mapping
data and other information required by FEMA for the project and other affected areas.
16.2. The expected limits of the proposed CLOMR are from east of Scottsdale Road south to the
CAP Reach 11 Dike. This extent may vary given design limitations found during the
project development, and FEMA’s upstream and downstream tie-in requirements.
16.3. Work under this task could include:
- Preparing the required ESA documentation
- Developing a floodplain analysis per FEMA standards and format, this may also
be required for return events other than the 100-year event
- Developing a Technical Support Data Notebook (TSDN) per ADWR/FEMA
standards
- Preparing FEMA required forms for the CLOMR package
- Preparing work maps depicting the revised floodplain delineation conveying the
100-year flood within the channel system downstream of Scottsdale Road to CAP
Reach 11 Dike.
- Preparing a revised FIRM panel exhibit to illustrate proposed floodplains, per
FEMA standards
- Preparing an updated O & M Plan for the entire proposed conveyance system. This
may include coordination with multiple Stakeholders and updating maintenance
agreements between them, to ensure that all features will be regularly maintained.
- Coordinating with the DISTRICT on the TSDN submittal and review
- Revising and submitting updates for the final TSDN package to the DISTRICT, for
distribution to FEMA based on their initial submittal review comments
FCD 2021C009 Page 8 of 11 Exhibit A – Scope of Work

- Respond to FEMA review comments or requests for additional data during the
CLOMR review process
16.4. The District will take the lead on the formal submittal to FEMA and pay the review
fee.
16.5. The District will assist in the preparation of digital Floodplain data under District Data
Base Specifications that may be required for updating the District’s Floodplain Zone Layer
using revised floodplain delineation electronic files provided by the Consultant.
16.6. Upon completion of construction prepare the Letter of Map Revision (LOMR) package for
submittal to FEMA, this information will be prepared based upon FEMA’s general LOMR
criteria and specific requirements identified in the CLOMR.
17. Permitting
17.1. Identify requirements for permits or licenses from other agencies.
17.2. Develop permit applications that can be finalized and submitted by the District.
18. Engineering Support during Procurement of Construction Contract
18.1. Provide engineering support during the construction contract procurement period including
but not limited to:
- Participation in the construction contract pre-bid conference.
- Providing written response to written questions from potential bidders.
- Preparing contact amendment(s) as may be needed.
- Providing pertinent commentary to the District after a review of the bids received.
19. Engineering Support during Construction
19.1. Provide engineering support during the construction period for the initial phase of
construction from award of the construction contract to construction completion of the
project to include but not limited to:
- Attend the Pre-Construction meeting held by the District.
- Review and respond to all contractor prepared technical submittals required under
the contract.
- Review and respond to all requests for information (RFI) provided by the
contractor to the District by providing information, answer to questions posed and
recommendations as appropriate by written response to the District or to the
contractor on behalf of the District as may be directed by the District.
- Evaluating contractor value engineering proposals.
- Performing engineering and cost analysis work as needed for change orders as may
be needed.
- Provide oversight during construction as the Engineer-of-Record for the project.
- Review and comment on the Contractor’s monthly payment applications.
- Participate in weekly construction meetings and monthly partnering meetings held
at the project site during construction.
FCD 2021C009 Page 9 of 11 Exhibit A – Scope of Work

- Participate in the final inspection walk-through and prepare a “punch list” of items
requiring completion prior to final acceptance.
- Upon satisfactory completion of all punch list items, provide a recommendation to
the District for acceptance of the project.
- Review and comment on the Contractor’s final payment application.
- Using data supplied by the Contractor, annotate the plans to indicate any changes
or alterations to the design made during construction of the project and submit to
the District.
- Prepare As-Built Drawings after the completion of construction.
III. OTHER SERVICES AND TASKS
The following additional professional services and tasks may be required in this contract as identified
by the District during the contract period to meet the Project goals and objectives:
- Provide specialty services and equipment for field investigations as may be needed.
- Risk Assessments
- Field Surveys
- Topographic Mapping Services
- Aerial Photography/Aerial surveys
- Floodplain delineations
- Coordinate with other Consultants performing work for the District under other
contracts.
- Perform other engineering and professional services and tasks not listed in this
scope of work as may be determined by the District at a later date to be required.
IV. GENERAL PROVISIONS
Points-of-Contact
District Project Manager
Name: Dan Frank, P.E.
Flood Control District of Maricopa County
Email: Dan.Frank@maricopa.gov
Phone number: 602.506.4073
Other Project Partners
Name: Ray Dovalina, P.E.
Agency: City of Phoenix
Email: ray.dovalina@phoenix.gov
Phone number: 602.534.5720
V. LOCATION
The Project is located within the City of Phoenix Jurisdiction areas (see Figure 1).
FCD 2021C009 Page 10 of 11 Exhibit A – Scope of Work

FIGURE 1
Location Map
FCD 2021C009 Page 11 of 11 Exhibit A – Scope of Work

EXHIBIT B
FEE SCHEDULE
CONTRACT FCD 2021C009
Paradise Ridge Drainage Improvements
On-Call

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C009
Paradise Ridge Drainage Improvements On-Call
The following is a format for the fee schedule. Please add more applicable job classifications,
direct expenses, or subconsultant costs as required by the Scope of Work. All subconsultants
must submit a Fee Schedule.
PRIME CONSULTANT
COMPANY NAME: Wood, Patel & Associates, Inc. DATE: 07/13/2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Principal $ 75.48
Sr. Project Manager $ 75.48
Assistant Project Manager $ 63.97
Senior Project Engineer $ 56.97
Project Engineer $ 50.48
Senior Designer $ 43.75
Design Engineer $ 42.31
Engineer-In-Training (EIT) $ 31.61
CADD/Technician $ 30.13
Project Coordinator $ 28.85
Senior Construction Manager $ 60.29
Construction Manager $ 60.09
Construction Inspector $ 42.00
SURVEY/MAPPING
Survey Manager (RLS) $ 76.92
Survey Office (RLS) $ 51.92
Survey Crew (2 man/GPS) $ 65.87
Survey Crew (1 man/GPS) $ 37.02
DIRECT AND OUTSIDE EXPENSES
• With prior approval from the Flood Control District of Maricopa County, all additional direct
and outside expenses will be reimbursed at cost.
• Mileage connected with project, per diem rate. Reimbursement shall start from the home office
or residential home, whichever is the shortest distance.
See attached PRI price sheet for current reproduction rates.
Mileage $ current Federal Rate
SUBCONSULTANTS – Subconsultants must also submit a Fee Schedule for approval
AZTEC ENGINEERING GROUP, INC.; DIG STUDIO, INC.; ETHOS ENGINEERING, LLC; GUNN
COMMUNICATIONS, INC.; LOGAN SIMPSON DESIGN INC.; NINYO & MOORE; RHA LLC; WEST
CONSULTANTS, INC.
OVERHEAD: 152.06%
PROFIT: 10%
Contract FCD 2021C009 Page 2 of 3 Fee Schedule – Exhibit B

Contract FCD 2021C009 Page 3 of 3 Fee Schedule – Exhibit B

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C009
PARADISE RIDGE DRAINAGE IMPROVEMENTS ON-CALL
The following is a format for the fee schedule. Please change or add more applicable job
classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All
subconsultants must submit a Fee Schedule.
SUBCONSULTANT COMPANY NAME: AZTEC ENGINEERING GROUP, INC. DATE:7/8/2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Principal $104.00
SUE Division Leader $51.01
SUE Project Engineer $45.68
SUE Field Supervisor $27.04
Utility Locator $19.65
SURVEY/MAPPING
• The survey crew rates include, GPS equipment owned by the consultant. If equipment will be
leased, identify the cost as a direct expense.
Survey Manager $62.00
Survey Crew (2 man/GPS) $33.70
Survey Crew (3 man/GPS) $67.27
DIRECT AND OUTSIDE EXPENSES
• With prior approval from the Flood Control District of Maricopa County, all additional direct
and outside expenses will be reimbursed at cost.
• Mileage connected with project, per diem rate. Reimbursement shall start from the home
office or residential home, whichever is the shortest distance.
Traffic Control $ at cost
Backfill Material $ at cost
Coring/Saw cutting $ 75 per core
Mileage $ current Federal Rate
OVERHEAD: 159.38%
PROFIT: 10%
Contract FCD 2021C009 Exhibit B – Fee Schedule Page 2 of 2

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C009
PARADISE RIDGE DRAINAGE IMPROVEMENTS ON-CALL
ON-CALL
The following is a format for the fee schedule. Please change or add more applicable job
classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All
subconsultants must submit a Fee Schedule.
SUBCONSULTANT COMPANY NAME: __DIG STUDIO, INC.____________ DATE: 07/06/2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Sr. Principal $89.13
Principal $69.71
Associate Principal $58.31
Sr. Landscape Architect $42.83
Landscape Architect III $32.85
Landscape Architect II $27.28
Landscape Architect I $22.28
Intern $18.11
Technical Writer $33.82
Administrator $34.90
DIRECT AND OUTSIDE EXPENSES
• With prior approval from the Flood Control District of Maricopa County, all additional direct
and outside expenses will be reimbursed at cost.
• Mileage connected with project, per diem rate. Reimbursement shall start from the home
office or residential home, whichever is the shortest distance.
In-House Copies (8.5x11, BW) $0.05 ea
In-House Copies (8.5x11, Color) $0.50 ea
In-House Copies (11x17, BW) $0.10 ea
In-House Copies (11x17, Color) $0.90 ea
In-House Large Format Printing (BW) $2.25 sf
In-House Document Binding (8.5x11) $7.50 ea
Out-of-House Large Format Printing (Color) $3.50 sf
Out-of-House Large Format Printing, On-Board (Color) $7.50 sf
Mileage $ GSA Rate
OVERHEAD: 148.27%
PROFIT: 10%

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C009
PARADISE RIDGE DRAINAGE IMPROVEMENTS ON-CALL
The following is a format for the fee schedule. Please change or add more applicable job
classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All
subconsultants must submit a Fee Schedule.
SUBCONSULTANT COMPANY NAME: _LOGAN SIMPSON DESIGN INC.__ DATE:07/09/2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Principal Environmental Planner $90.00
Environmental Planner, Sr. Associate $43.00
Environmental Planner, Associate $32.00
Environmental Planner $21.00
Biologist, Sr. Associate $40.00
Biologist, Associate $39.00
Biologist $30.00
Principal Archaeologist $58.13
Archaeologist, Sr. Associate $39.00
Archaeologist, Associate $31.00
Archaeologist $24.00
GIS Analyst, Sr. Associate $41.00
GIS Analyst, Associate $37.00
GIS Analyst $29.00
GIS Technician $21.00
Technical Editor $43.00
Project Administrator $19.00
Principal Permitting Specialist $72.00
Permitting Specialist, Sr. Associate $41.00
SURVEY/MAPPING
• The survey crew rates include, GPS equipment owned by the consultant. If equipment will be
leased, identify the cost as a direct expense.
DIRECT AND OUTSIDE EXPENSES
• With prior approval from the Flood Control District of Maricopa County, all additional direct
and outside expenses will be reimbursed at cost.
• Mileage connected with project, per diem rate. Reimbursement shall start from the home
office or residential home, whichever is the shortest distance.
Mileage $ current Federal Rate
OVERHEAD: 149.10%
PROFIT: 10%
Contract FCD 2021C009 Exhibit B – Fee Schedule Page 2 of 2

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C009
PARADISE RIDGE DRAINAGE IMPROVEMENTS ON-CALL
The following is a format for the fee schedule. Please change or add more applicable job
classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All
subconsultants must submit a Fee Schedule.
SUBCONSULTANT COMPANY NAME: NINYO & MOORE DATE:07/06/2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Principal Engineer/Geologist/Environmental Scientist $67.31
Senior Engineer/Geologist/Environmental Scientist $49.04
Senior Project Engineer/Geologist/Environmental Scientist $46.15
Materials Supervisor $40.87
Senior Staff Engineer/Geologist/Environmental Scientist $33.65
Staff Engineer/Geologist/Environmental Scientist $28.85
Technical Illustrator/CAD Operator $34.13
Information Specialist $28.37
Data Processing, Technical Editing, or Reproduction $28.37
Senior Field/Laboratory Technician $26.83
Field/Laboratory Technician $21.88
DIRECT AND OUTSIDE EXPENSES
• With prior approval from the Flood Control District of Maricopa County, all additional direct
and outside expenses will be reimbursed at cost.
• Mileage connected with project, per diem rate. Reimbursement shall start from the home
office or residential home, whichever is the shortest distance.
B&W Photo Copies (8 ½ x 11) $0.10 / page
B&W Photo Copies (11 x 17) $0.30 / page
Color Copies (8 ½ x 11) $.75 / page
Color Copies (11 x 17) $1.50 / page
B&W Plotting (bond) $.75 / sq. ft.
Line Color Plotting (bond) $1.50 / sq. ft.
Full Color Plotting (premium bond or photo grade paper) $5.00 / sq. ft.
Mounting (3/16” Gator Board) $5.00 / sq. ft.
Hollow-Stem, Truck-Mounted Drill Rig $300 / hour
Rubber-tired, Back-hoe $150 / hour
Mileage $ GSA Rate
OVERHEAD: 137%
PROFIT: 10%
Contract FCD 2021C009 Exhibit B – Fee Schedule Page 2 of 4

EXHIBIT B
Equipment Usage
A. Nuclear Density Equipment, one day minimum ....................................................................................... $65/day
B. Concrete Core Drill and Bit Usage (excluding electric generator if required),
per inch of diameter times inch of depth.......................................................................................... $3/inch/inch
C. On Site Trailer .............................................................................................................................................. $1,000/week
D. Rental of other equipment, direct cost
E. Subcontracted Services, direct cost
Asphalt Concrete Testing
A. Abson Recovery, Asphalt Content (ASTM D1856 & D2172, AASHTO T170 & T164) .................................$Quote
B. Bulk Specific Gravity of Bituminous Mixtures, SSD (ASTM D2726, AASHTO T166) ............................... $20/each
C. Bulk Specific Gravity Using Paraffin-Coated Specimens (ASTM D1188, AASHTO T275) ........................ $40/each
D. Coating and Stripping of Bituminous Mixtures (ASTM D1664, CTM 302, AASHTO T182) ........................... Quote
E. Effect of Water on Cohesion of Bituminous Mixtures, IMC (ASTM D1075, AASHTO T165) ......................... Quote
F. Extraction and Gradation of Bituminous Materials (ASTM D2172, AASHTO T164) ................................. $175/each
G. Gyratory Compaction (AASHTO TP4) (set of two) ............................................................................................. Quote
H. Ignition Only (ARIZ 427, AASHTO TP53) .......................................................................................................... Quote
I. Ignition Oven Calibration (ARIZ Method) ............................................................................................................ Quote
J. Ignition-Gradation (ASTM, AASHTO, ADOT) ................................................................................................... Quote
K. Marshall Test - 6 Inch Specimens, Stability, Flow, Bulk Density (Set of 3) ................................................. $190/each
L. Marshall Test - Stability, Flow, Bulk Density (Set of 3) (ASTM D1559, AASHTO T245) ......................... $100/each
M. Rotovapor Recovery of Asphalt, Asphalt Content (ASTM D5404 & D2172) ..................................................... Quote
N. Tensile Strength Ratio, Root-Tunnicliff Method (ASTM D4867, AASHTO T283) ........................................... Quote
O. Theoretical Maximum Specific Gravity, Rice Test (ASTM D2041, AASHTO T209) ................................. $100/each
Portland Cement Concrete
A. Compressive Strength - Concrete Cores (ASTM C42, AASHTO T24) .......................................................... $45/each
B. Compressive Strength - Concrete Cylinders (ASTM C39, AASHTO T22) .................................................... $20/each
C. Compressive Strength - Concrete Masonry Units (ASTM C140) .................................................................... $50/each
D. Compressive Strength - Grout Prisms (UBC 21-17) ............................................................................................. Quote
E. Compressive Strength - Masonry Prisms (ASTM E447, UBC 24-26) (2Blocks) ........................................... $20/each
F. Compressive Strength - Mortar Cylinders (ASTM C109, AASHTO T106) ........................................................ Quote
G. Grout or Mortar Mix Design .................................................................................................................................. Quote
H. Shotcrete Panel Testing, 3 Cores (ASTM C1140) .......................................................................................... $190/each
I. Portland Cement Concrete Mix Design ................................................................................................................. Quote
Contract FCD 2021C009 Exhibit B – Fee Schedule Page 3 of 4

Aggregate/Soils Testing
A. Aggregate Durability Index, Coarse (ASTM D3744, AASHTO T210) ........................................................ $140/each
B. Aggregate Durability Index, Fine (ASTM D3744, AASHTO T210) ............................................................ $140/each
C. Aggregate Durability Index, Intermediate (ASTM D3744, AASHTO T210) ............................................... $140/each
D. California Bearing Ratio (CBR) with Modified Proctor (ASTM D1883, AASHTO T193) ......................... $475/each
E. California Bearing Ratio (CBR) with Standard Proctor (ASTM D1883, AASHTO T193) .......................... $475/each
F. California Bearing Ratio (CBR), 1 Point with Proctor (ASTM D1883, AASHTO T193) ............................ $475/each
G. Clay Lumps and Friable Particles (ASTM C142, AASHTO T112) ................................................................ $95/each
H. Collapse Potential of Soils (ASTM D5333) .................................................................................................... $125/each
I. Consolidation (ASTM D2435, AASHTO T216) ............................................................................................ $300/each
J. Direct Shear (ASTM D3080) .......................................................................................................................... $300/each
K. Flat and Elongated Particles (ASTM D4791) ........................................................................................................ Quote
L. Fractured Faces (FLH507, ARIZ 212) ............................................................................................................ $120/each
M. Hydrometer Analysis, Assumed Specific Gravity (ASTM D442, AASHTO T88) ....................................... $140/each
N. L.A. Abrasion of Coarse Aggregate (ASTM C131, AASHTO T96) ............................................................. $165/each
O. Natural Soil Moisture Content (ASTM D2216, AASHTO T265) ................................................................... $20/each
P. Percent Carbonates in Aggregate (ARIZ 238) ....................................................................................................... Quote
Q. pH and Minimum Resistivity of Soils and Aggregates (ARIZ 236) .............................................................. $100/each
R. Plasticity Index (ASTM D4318, AASHTO T89/90) ............................................................................................. Quote
S. Plasticity Index (Wet Prep) (ASTM D4318, AASHTO T89/90) ..................................................................... $90/each
T. Proctor-Modified (ASTM D1557, AASHTO T180) ...................................................................................... $125/each
U. Proctor-Standard (ASTM D698, AASHTO T99, ARIZ 225/226) ................................................................. $125/each
V. R-Value (ASTM D2844, AASHTO T190, CAL 301) ................................................................................... $250/each
W. Sand Equivalent (ASTM D2419, AASHTO T176) .......................................................................................... $85/each
X. Sieve Analysis, Coarse (ASTM C136, AASHTO T27, ARIZ 201) ................................................................. $75/each
Y. Sieve Analysis, Coarse and Fine, Washed (ASTM C136, AASHTO T27, ARIZ 201) ................................ $100/each
Z. Sieve Analysis, Fine, Washed (ASTM C136, AASHTO T27, ARIZ 201) ..................................................... $50/each
AA. Soil Unit Weight (Undisturbed Sample) with Moisture Content (ASTM C29, AASHTO T19) .................... $50/each
BB. Soundness of Aggregate by Use of Sodium Sulfate (ASTM C88, AASHTO T104) .................................... $240/each
CC. Specific Gravity and Absorption of Coarse Aggregate (ASTM C127, AASHTO T85) ................................. $80/each
DD. Specific Gravity and Absorption of Fine Aggregate (ASTM C128, AASHTO T84, ARIZ 211)................... $80/each
EE. Swell/Settlement (ASTM D4546) ................................................................................................................... $100/each
FF. Uncompacted Void Content (ARIZ 247, & FHWA & AASHTO) ....................................................................... Quote
GG. Unit Weight and Voids in Aggregate (ASTM C29, AASHTO T19) .............................................................. $50/each
HH. Triaxial Shear, U.U., D 2850, per point..................................................................................................... $130/test
II. Triaxial Shear, C.U., w/ pore press D4767, T297 per point ............................................................................. $255/test
JJ. Triaxial Shear, C.U., w/o pore press, D 4767, T297 per point ......................................................................... $185/test
KK. Triaxial Shear, C.D., D 4767, T 297 per point .................................................................................................. $375/test
LL. Minimum Index Density (ASTM 4254) ......................................................................................................... $250/each
MM.Maximum Index Density* (ASTM 7382)..............................................................................................$1000/each
*For this test, mold a total of 7 samples at these moisture contents 0, 2, 4, 6, 8, 10, 12 and then plot the results
as dry density verse moisture content
NN. Graded Filter Sand Unconfined Compressive Strength ................................................................................. $500/each
OO. Vaughn & Soars Test ..................................................................................................................................... $500/each
Contract FCD 2021C009 Exhibit B – Fee Schedule Page 4 of 4

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C009
PARADISE RIDGE DRAINAGE IMPROVEMENTS ON-CALL
The following is a format for the fee schedule. Please change or add more applicable job
classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All
subconsultants must submit a Fee Schedule.
SUBCONSULTANT COMPANY NAME: WEST CONSULTANTS, INC._____ DATE: 07/08/2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Principal $86.89
Vice President $78.74
Associate $85.79
Project Manager $71.30
Senior Engineer 2 $46.92
Senior Engineer 1 $42.92
Staff Engineer 2 $37.65
Staff Engineer 1 $33.00
Hydrologist/Scientist III $35.59
Editor/Technical Writer $31.25
Administrative Assistant II $24.93
SURVEY/MAPPING
• The survey crew rates include, GPS equipment owned by the consultant. If equipment will be
leased, identify the cost as a direct expense.
N/A $
DIRECT AND OUTSIDE EXPENSES
• With prior approval from the Flood Control District of Maricopa County, all additional direct
and outside expenses will be reimbursed at cost.
• Mileage connected with project, per diem rate. Reimbursement shall start from the home
office or residential home, whichever is the shortest distance.
Mileage $ current Federal Rate
OVERHEAD: 184.63%
PROFIT: 10%
Contract FCD 2021C009 Exhibit B – Fee Schedule Page 2 of 2