2021C001 - CONTRACT BOD.PDF

Maricopa County — Formal (2021-05-19)

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CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-
ON-CALL

CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-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
Contract 2021C001 Page 2 of 24

CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-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 19th Avenue and Dobbins Road Storm Drain Project performed for
those services more fully described in Exhibit A, General Scope of Work, and Exhibit B, Fee
Schedule, attached; Dibble & Associates Consulting Engineers, Inc., hereinafter called
“Consultant”, with its principal offices located at 7878 N. 16th Street, Suite 300, Phoenix, AZ
85020 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 19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-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 one
million two hundred thousand dollars and zero cents ($1,200,000.00) is expended, whichever
occurs first.
SECTION III—PAYMENTS TO THE CONSULTANT
The Consultant shall be paid a fee not-to-exceed one million two hundred thousand dollars and
zero cents ($1,200,000.00) for work under this Contract in accordance with the General Scope
of Work.
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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
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.
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B. All available information and data relative to policies, standards, criteria, studies, etc.
impacting the Work Assignment as identified by the Consultant.
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
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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.
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.
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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
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.
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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.
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
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(1) above and that the Consultant agrees to make all papers and employment records of
said employee(s) available during normal working hours in order to facilitate such an
inspection.
(4) That nothing herein shall make any consultant or sub-consultant an agent or employee
of the contracting government entity.
(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
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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.
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.
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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
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:
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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
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.
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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.
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.
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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
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,
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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.
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
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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.
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.
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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-
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.
Contract 2021C001 Page 18 of 24

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.
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 2021C001 Page 19 of 24

CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-ON-CALL
IN WITNESS WHEREOF, the parties herein have executed this Contract.
Dibble & Associates Consulting Engineers
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 2021C001 Page 20 of 24

CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-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 2021C001 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 Dibble &
Associates Consulting Engineers, Inc., and its subcontractors in connection with the project
described in District contract FCD 2021C001 for the 19th Avenue and Dobbins Road Storm
Drain Project-On-Call Services have been paid.
Dibble & Associates Consulting Engineers, Inc., 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 2021C001, 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 2021C001 Page 22 of 24

ATTACHMENT 2
CERTIFICATE OF INSURANCE
Contract 2021C001 Project Title: 19th Avenue and Dobbins Road Storm Drain Project-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 2021C001 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 2021C001 Page 24 of 24

EXHIBIT A
GENERAL SCOPE OF WORK
CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT
ON-CALL DESIGN CONTRACT

EXHIBIT A
FCD 2021C001
GENERAL SCOPE OF WORK
The Consultant shall provide engineering services for the development of the Final Plans,
Specifications, Construction cost estimate needed for the construction of the 19th Avenue and
Dobbins Road Storm Drain Project. These services shall include the development of a Design
Concept Report (DCR), Preliminary Design and Specifications, Final Design and Specifications, and
Post Design Construction Support.
The work to be performed under this contract will be executed on an as-needed basis through
individual work assignments with specified tasks and deliverables. It is anticipated that there will be
a minimum of three work assignments.
The awarded Consultant shall comply with the requirements of the District’s Consultant Guidelines,
Third Edition – December 1, 2003 – Revision 1.
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).
The contract is anticipated to be organized under separate work assignments as follow:
• Work Assignment #1, Design Concept Report (DCR), which will include 30% plans, design
calculations, design data report,
• Work Assignment #2, Final Design
• Work Assignment #3, Post design and construction support
• Additional work assignments maybe developed as needed.
The Flood Control District of Maricopa County (District) and the City of Phoenix (COP) are jointly
funding the design and construction of the project through an Intergovernmental Agreement and the
District’s Capital Improvement Project (CIP) Program. The review of the project design will
require approval by both jurisdictions.
I. PROJECT BACKGROUND
The District has conducted various drainage studies for the South Phoenix/Laveen Drainage
Improvement Project Area to evaluate the potential for flooding and mitigate flooding hazards in the
area. The latest of these studies is the Laveen Area Drainage Master Study/Plan Update (ADMS/P
Update) which was completed in December 2017. The ADMS/P Update identified and compared
alternative solutions to mitigate flooding hazards in the watershed and selected a recommended plan.
This project is one of the recommended solutions from the ADMS/P Update to reduce the impacts of
flooding for the project area.
FCD 2021C001 Page 2 of 13 Exhibit A – Scope of Work

The Arizona Humane Society facility located at southwest of 15th Avenue and Dobbins Road is in the
path of major regional flows and has been significantly flooded in the past. Floodwater is
concentrated in the existing channel and floodwall along the east side of the Humane Society, and is
then left to overtop Dobbins Road in an unconfined fashion and continues flowing northwest.
Floodwater in Dobbins Road flows west past the Western Canal to 19th Avenue. Additional tributary
drainage joins the flow on Dobbins Road as it travels west entering from the south across from the
City of Phoenix Fire Station near the 17th Avenue alignment, from the north at the Western Canal,
and from the south at 19th Avenue.
The Plan elements currently include one detention basin and a storm drain system. The storm drain
system will discharge directly to the existing regional detention basin at 27th Avenue and South
Mountain Avenue constructed in 2015 / 2016.
The primary project goal is to mitigate for the 100-year peak flow event and the project features will
follow the conceptual features proposed as part of the Laveen ADMS/P. Although the Laveen study
did not consider Green Infrastructure/Low Impact Development (GI/LID) features, Alternative
Stormwater Management (ASM) approaches, or water conservation strategies as integrated
components of the flood-control solution, it is recommended that these features, approaches, and
strategies be implemented where practicable within this project.
The Dobbins Basin(s) and other project areas, including but not limited to: public rights of way,
temporary construction easements, and construction disturbances will receive landscape restoration,
revegetation, and aesthetic treatments to mitigate project impacts. The integration of natural
contouring, appropriate landscape buffers, and variable basin side slopes should be included as
components of the aesthetic features and proper design for the basin(s).
The proposed basin location is on City of Phoenix land planned for a new water treatment plant.
Preliminary coordination has been conducted with the Phoenix Water Department, but a formal
agreement is pending. Considerations for integrated water resource management, water
conservation, and education should be considered.
II. CONTRACT SERVICES AND TASKS
Primary activities needed for the final design of the project may include: data collection, field
investigation, engineering analysis, landscape architecture 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 work assignments. In addition, the work will include providing engineering and landscape
architectural support from the beginning of the construction contract procurement phase through the
final construction completion of the project. Work Assignments will be developed as needed for this
project. Services and tasks required for completion of the work authorized under this contract may
include, but is not limited to, the following services:
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:
FCD 2021C001 Page 3 of 13 Exhibit A – Scope of Work

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 individual work assignment schedules.
1.4. Provide post design and construction management support services during the
construction of the project. This may involve responding to Request for Information
(RFIs), attending construction weekly and/or pre-activity meetings on site, and attending
preliminary and final walk-throughs.
2. Contract Management and Administration
2.1. The District’s Project Manager shall be included on all coordination related to this
contract.
2.2. Coordination with the District, project partners, and regulatory agencies.
2.3. Coordination with sub-consultants vendors, contractor, and sub-contractors.
2.4. Develop individual work assignments with District’s direction.
2.5. Develop and update project progress reports, project schedules, and flow charts for each
work assignment.
2.6. Provide monthly invoicing.
3. Project Coordination
3.1. Facilitate, document and participate in a project “Kick-off meeting” and monthly
progress meetings including a potential second part of the monthly meeting (smaller
group) to discuss landscaping, aesthetics and multi-use as integrated with flood control
facilities.
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 meetings.
3.4. Facilitate, document and participate in design team meetings with the District, City of
Phoenix, and other consultants. This is in addition to the previously noted project and
stakeholder coordination.
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
FCD 2021C001 Page 4 of 13 Exhibit A – Scope of Work

- Stakeholder Meetings
- Utility coordination meetings
- Meetings with various City of Phoenix Departments
- Public Meetings
- Other meetings as needed
4. Stakeholder Coordination
4.1. Coordinate with stakeholders on all project related issues; such as modifications to
existing roads, existing and future utilities etc.
4.2. Coordinate with stakeholders for potential multiple use opportunities, water conservation
strategies, and revegetation approaches where possible and compatible with the safe and
proper function, operation, and maintenance of the Project.
4.3. Assist the District by participating in meetings, preparing meeting information and
displays, and providing detailed meeting minutes and action items.
5. Data Collection
5.1. Collect, organize, and review the existing data, reports, studies, as-built drawings, and
records.
5.2. Prepare a data summary report, as requested.
6. Survey and Topographic Mapping
6.1. Perform survey, 1-ft accuracy LiDAR data, and topographic mapping services as needed
to complete the Project.
6.2. 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. Perform field surveys in order to supplement topographic mapping and develop needed
detailed data.
6.4. Develop a ground control survey network including boundary survey as needed in order to
establish right-of-way limits.
6.5. Locate and plot existing utilities based upon field survey and as-built drawings
information.
6.6. 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.
6.7. Prepare proposed right-of-way line work, exhibits, maps and legal descriptions needed
for acquisitions, permanent easements, drainage easements, and temporary construction
easements.
FCD 2021C001 Page 5 of 13 Exhibit A – Scope of Work

7. Geotechnical Investigations and Analyses
7.1. Perform geotechnical field investigations, including test pits, test trenches, borings,
material sampling, laboratory testing, and other geotechnical investigation methods for
the Project as needed or assigned by the District.
7.2. Develop the geotechnical analysis report needed for the design of the Project.
8. Hydrologic, Hydraulic, and Analyses
8.1. Perform hydrologic/hydraulic investigations and analysis of the contributing areas to the
storm drains and basin for both the existing and future with project conditions.
Investigations and hydrologic/hydraulic analyses, and sediment may include and are not
limited to:
- Hydrologic and Hydraulic modeling including FLO-2D, HEC-RAS steady and
unsteady flow analysis, EPA SWMM, StormCAD, or other similar models.
- Hydraulic design of flood control structures including culverts, conduits, gates, bank
protection, GI/LID features, and grade controls.
8.2. The hydrologic/hydraulic analysis will be based on the current FLO-2D regional drainage
model completed in December 2017 as part of the Laveen ADMS/P Update, and the
updated model for the 27th Ave and Olney project. The storm drains, GI/LID and water
conservation features, and basin concept designs in this Project are based on this FLO-2D
regional model. The hydrologic and hydraulic analysis will reflect the benefit of the
completed storm drain and basin improvements. It will also serve as the basis of design
documentation for the project. The FLO-2D model needs to properly convey and route
hydrographs associated with both the storm drain and the basin to maintain the integrity
of the regional hydrology.
8.3. Prepare documentation for hydrologic/hydraulic investigations, analysis, and design.
9. Sediment Investigations and Analyses
9.1. Perform scour analysis for any potential locations where scour is expected such as storm
drain/culvert outlets/inlets and so on.
9.2. Perform sediment yield analysis for the proposed Dobbins Basin at the intersection of
15th Ave and Dobbins Road. The sediment storage volume reserved in the detention
basin should be equal to one 100-year flood event sediment yield volume plus n times the
annual sediment yield volume where n is the maintenance interval in year.
9.3. Review the South Phoenix Two Basins Project, FCD Contract# 2011C008 (Reference #29)
to understand the design of the sediment storage basin in the existing 27th Avenue/South
Mountain basin.
9.4. Collect two surface sediment samples in the wash that enters into the proposed Dobbins
Basin for sediment yield analysis (need to co-ordinate with effort in 7. Geotechnical
Investigations Analyses).
FCD 2021C001 Page 6 of 13 Exhibit A – Scope of Work

9.5. Develop sediment monitoring and maintenance plans so that the City or the FCD O&M
staff can monitor and clean the sediment in the basins.
9.6. Perform erosion protection design such as riprap design etc.
9.7. The analysis and design procedures shall be based on the latest Drainage Design Manual
for Maricopa County (Hydraulics) and Drainage Policies and Standards Manual for
Maricopa County. The latest version of DDMSW software can be used.
10. Structural Engineering
10.1. Perform structural design of roadway culverts, bridges, inlets and outlets, and spillways,
as needed
10.2. Provide documentation summarizing structural design and calculations.
11. Landscape Architecture
11.1. In accordance with the District’s Policy for the Aesthetic Treatment and Landscaping of
Flood Control Projects, the Consultant shall integrate, as appropriate, landscape
architectural aspects throughout all phases of the Project. Project design solutions shall be
context sensitive: acceptable to the community, compatible with the environment, and
effective in reducing the risks of flooding.
11.2. The development of Project solutions should integrate GI/LID features, alternative
stormwater management approaches, and water conservation strategies, where possible.
11.3. Contribute to the development of Project design reports, estimates of probable costs,
O&M manuals for landscape architectural and water resources related project features.
11.4. Develop plans and specifications as necessary for the landscape design and related
features, in conjunction with Section 15 below.
11.5. Provide Landscape Architectural Support Services during Project procurement and
construction, in conjunction with and as noted in Engineering Services under Sections 17
and 18 below.
12. Environmental and Related Services
12.1. As necessary coordinate with the District to develop the specific tasks required for the
Project’s needs related to environmental clearances, and biological and cultural resource
surveys/analyses in support of Project related activities, including, but not limited to:
- Environmental Site Assessments
- Biological Surveys
- Biological Assessment and Consultation with USFWS
- Cultural Resource Surveys
- Asbestos Sampling and Surveys
- 404 Jurisdictional Delineation
FCD 2021C001 Page 7 of 13 Exhibit A – Scope of Work

- Title VI Environmental Justice Assessment
- Obtaining all related permits
- Native Plant Inventory and Salvage Plans
12.2. Provide reports as necessary documenting the findings of the environmental, biological
and cultural resource surveys and analyses.
12.3. 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.
12.4. All products shall comply with the appropriate jurisdiction’s standards and specifications.
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. Collect all existing utility companies within project vicinity and contact information to
get them involved at the early stage of the design.
13.3. Preform 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.
14.3. Consideration will be given to determining cost saving items for the project but still
meeting the overall goal and intent of the project as well as consideration for long term
operations and maintenance.
15. Engineering and Design
15.1. Prepare engineering drawings, plans, profiles, typical sections, landscaping, lighting, etc.
applicable for the different levels of design.
FCD 2021C001 Page 8 of 13 Exhibit A – Scope of Work

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, awardable, and constructible set of Construction Documents and
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 Design Report that contains detailed and complete documentation for the
design and also includes discussion and definition of the engineering and landscape
architectural considerations and conclusions incorporated in the design. The Design
Report shall also include copies of pertinent calculations as appendices or attachments,
LID features and landscaping.
15.6. Prepare a Construction Quality Assurance Plan in complete and final detail for the
Project.
15.7. Prepare an O&M Plan for structural and landscape features within the Project.
15.8. Evaluate need for utility relocations and prepare the necessary plans, details,
specifications, and estimates of probable cost.
15.9. 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. Benefit cost analysis shall be considered
to evaluate the land fair market value could provide a lower cost for the acquisition of the
land.
15.10. Coordinate with stakeholders and determine the need for additional rights-of-way and
easement requirements related to recreation.
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.
16. Permitting
16.1. Identify requirements for permits or licenses from other agencies.
16.2. Develop permit applications that can be finalized and submitted by the District.
17. Engineering Support during Procurement of Construction Contract
17.1. Provide engineering support during the construction contract procurement period
including but not limited to:
- Participation in the construction contract pre-bid conference.
FCD 2021C001 Page 9 of 13 Exhibit A – Scope of Work

- Providing written response to written questions from potential bidders.
- Preparing contract amendment(s) as may be needed.
- Providing pertinent commentary to the District after a review of the bids received.
18. Engineering Support during Construction
18.1. 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.
- Participate in weekly construction meetings and monthly partnering meetings held at
the project site during construction.
- 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.
- 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.
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
- Public Outreach
- Floodplain delineations
- Right-of-Way Support
FCD 2021C001 Page 10 of 13 Exhibit A – Scope of Work

- 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. CONTRACT REFERENCES
The following references can be obtain through Public Records Request:
1. Consultant Guidelines, Third Edition – December 1, 2003 – Revision 1
2. Laveen Area Drainage Master Study / Plan Update (Laveen ADMS/P U) by JE-Fuller; dated
December 2017;
3. Technical Memorandum - Phase 2 Alternatives Analysis and Recommendations by Stanley; dated
December 2017;
4. South Phoenix Two Basins Project, FCD 2011C008, May 2013, prepared by Stanley Consultants;
5. Data Delivery Specifications: Computer Aided Drafting & Design Rev. 1.0, latest edition,
FCDMC;
6. Data Delivery Specifications: The Hydrologic Information System (HIS), latest edition, FCDMC;
7. Desert Spaces, An Open Space Plan for the Maricopa County, Maricopa Association of
Governments, undated;
8. Greater Phoenix Metro Green Infrastructure Handbook; Low-Impact Development Details for
Alternative Stormwater Management, by Dibble Engineering and Logan Simpson, January 2019
9. Low Impact Development Toolkit prepared for the City of Mesa, AZ; prepared by Dibble
Engineering and Logan Simpson; April 2015
10. City of Phoenix Sustainability Strategic Plan;
https://www.phoenix.gov/citymanager/strategicplan/study-areas/sustainability
11. Drainage Design Management System for Windows, latest edition, FCDMC;
12. Drainage Design Manual, Vol. I: Hydrology, latest edition, FCDMC;
13. Drainage Design Manual, Vol. II: Hydraulics, latest edition, FCDMC;
14. Drainage Design Manual, Vol. III: Erosion Control, latest edition, FCDMC;
15. Drainage Policies and Standards Manual, latest edition, FCDMC;
16. FLO-2D Verification Report, latest edition, FCDMC
17. Public Involvement Office Handbook, Materials Content Guideline, July 2018, FCDMC;
18. The Context Sensitive Flood Hazard Mitigation Planning and Design Approach, FCDMC, April
19, 2010;
19. Policy for the Aesthetic Treatment and Landscaping of Flood Control Projects, FCDMC,
December 16, 1996, with Cost Ceiling Tables 1 & 2, March 3, 2009.
20. Maricopa Association of Governments (MAG) Uniform Standard Specifications and Details for
Public Construction Works latest edition;
21. Alternatives Analysis Report, Flood Control District, March 22, 2013;
22. Drainage Reports for associated developments;
23. Pertinent requirements of utility companies (design team to determine);
24. Arizona Department of Transportation Roadway and Bridge Standards;
25. 2012 City of Phoenix Supplement to the 2012 MAG Specifications;
26. 2012 City of Phoenix Supplement Details;
27. 2006 City of Phoenix Guidelines for Archaeology;
28. City of Phoenix Specifications and Details for Public Works Construction, 2012 Edition;
29. SHPO Survey Report Standards, Revised, January 2016;
30. City of Phoenix Street Pavement Cut Policy Per City Code (Chapter 31, Article III, Section 31-
49.1)
FCD 2021C001 Page 11 of 13 Exhibit A – Scope of Work

V. GENERAL PROVISIONS
Points-of-Contact
District Project Manager
Name: Nazar Nabaty, P.E.
Flood Control District of Maricopa County
Email: Nazar.Nabaty@maricopa.gov
Phone number: 602.506.4592
Other Project Partners
Name: Ray Dovalina, P.E.
Agency: City of Phoenix
Email: Ray.Dovalina@phoenix.gov
Phone number: 602.534.5720
VI. LOCATION
The Project is located within the City of Phoenix Jurisdiction areas (see Figure 1).
FCD 2021C001 Page 12 of 13 Exhibit A – Scope of Work

FIGURE 1
Project Location Map
FCD 2021C001 Page 13 of 13 Exhibit A – Scope of Work

EXHIBIT B
FEE SCHEDULE
CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD
STORM DRAIN PROJECT
ON-CALL

EXHIBIT B – FEE SCHEDULE for CONTRACT FCD 2021C001
19th Avenue and Dobbins Road Storm Drain Project-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: __Dibble _______ DATE: _April 21, 2021____
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Principal Engineer $63.47
Sr. Project Manager $56.98
Project Manager $55.18
Senior Engineer $55.29
Project Engineer $44.00
Assistant Project Engineer $34.75
Designer $34.00
Senior Technician $43.25
Technician $21.00
Marketing Specialist $34.50
Administrative Assistant $21.50
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 $52.89
Land Surveyor (RLS) $46.00
Survey Crew (2-man/GPS) $64.75
Survey Technician $35.75
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.
8.5 x 11 Color Copies $0.24/sheet
11 x 17 Black and White Copies $0.12/sheet
11 x 17 Color Copies $0.48/sheet
Black and White Plot $0.22/SFT
Color Plot $2.11/SFT
Mileage current Federal Rate

SUBCONSULTANT – Subconsultants must also submit a Fee Schedule for approval
List Firm Names of all Subconsultants here.
JE Fuller Hydrology & Geomorphology
Dibble CM
LTM Engineering, Inc.
Logan Simpson
Ninyo & Moore
Trenchless Constructability and Design
OVERHEAD: _188.67%
PROFIT: 10%
Contract FCD 2021C001 Page 2 of 2 Fee Schedule – Exhibit B

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-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: JE FULLER HYDROLOGY AND GEOMORPHOLOGY, INC.
DATE: APRIL 21, 2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Master Engineer III $65.00
Master Engineer II $55.00
Master Engineer I $49.00
Master Hydrologist III $50.00
Master Hydrologist II $47.00
Master Hydrologist I $44.00
Senior Engineer III $45.00
Senior Engineer II $42.20
Senior Engineer I $41.00
Project Engineer III $42.00
Project Engineer II $40.00
Project Engineer I $36.00
EIT $31.50
Environmental Planner $30.00
Geologist III $41.00
Designer III $28.00
Hydro Tech $30.00
Intern $16.00
Admin III $34.50
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: 186 %
PROFIT: 10 %
Contract FCD 2021C001 Exhibit B – Fee Schedule Page 2 of 2

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-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:04/28/2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Principal Landscape Architect $74.00
Landscape Architect, Sr. Associate $44.00
Landscape Architect, Associate $41.00
Landscape Designer, Sr. Associate $45.00
Landscape Designer, Associate $32.00
Landscape Designer $28.50
Principal Investigator $48.00
Project Manager/Field Director $28.00
Bioarchaeologist/Field Archaeologist $26.00
Environmental Planner, Associate $32.00
Environmental Planner $27.00
Biologist, Associate $39.00
Biologist $28.00
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.
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-Company Vehicle $ GSA Rate
Mileage-Personal Vehicle $ GSA Rate
OVERHEAD: 149.10%
PROFIT: 10.0%
Contract FCD 2021C001 Exhibit B – Fee Schedule Page 2 of 2

EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2021C001
19TH AVENUE AND DOBBINS ROAD STORM DRAIN PROJECT-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:04/21/2021
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 2021C001 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
Aggregate/Soils Testing
Contract FCD 2021C001 Exhibit B – Fee Schedule Page 3 of 4

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 2021C001 Exhibit B – Fee Schedule Page 4 of 4