ON-CALL CONTRACT BOD 2020C019.PDF

Maricopa County — Formal (2021-03-24)

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CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST
DESIGN SERVICES

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CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN SERVICES
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…………………………………………………………………... 13
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 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN SERVICES
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 Guadalupe FRS Interim Fix Final Design and Post Design Services performed for those
services more fully described in Exhibit A, General Scope of Work, and Exhibit B, Fee
Schedule, attached; Black & Veatch Corporation, hereinafter called “Consultant”, with its
principal offices located at 2231 East Camelback Road, Suite 250, Phoenix, AZ 85016 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 GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN
SERVICES 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 four
hundred thousand dollars and zero cents ($400,000.00) is expended, whichever occurs first.
SECTION III—PAYMENTS TO THE CONSULTANT
The Consultant shall be paid a fee not-to-exceed four hundred thousand dollars and zero cents
($400,000.00) 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.
(6) STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is
given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting or creating the
contract on behalf of the County is at any time while the Contract or any extension of the
Contract is in effect, an employee or agent of any other party to the Contract in any
capacity or consultant to any other party of the Contract with respect to the subject
matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup
any fee or commission paid or due to any person significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the County from any
other party to the contract arising as the result of the Contract.
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.
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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.
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
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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
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.
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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
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;
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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.
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.
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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
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
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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.
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.
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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.
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
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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-
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
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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.
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.
……………………………………………………………………………………………………………….
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CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN SERVICES
IN WITNESS WHEREOF, the parties herein have executed this Contract.
Black & Veatch Corporation
Principal (Signature)
Lisa Jackson, P.E.
Printed Name
Associate Vice President
Title
February 23, 2021
Date
43-1833073
Federal Tax Identification Number
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED BY: ACCEPTED AND APPROVED:
3/4/2021
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.
3/4/2021
Flood Control District General Counsel Date
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CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN SERVICES
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
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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 Black &
Veatch Corporation and its subcontractors in connection with the project described in District
contract FCD 2020C019 for Guadalupe FRS Interim Fix Final Design and Post Design
Services have been paid.
Black & Veatch Corporation 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 2020C019,
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 2020C019 Page 22 of 24

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ATTACHMENT 2
CERTIFICATE OF INSURANCE
Contract 2020C019 Project Title: Guadalupe FRS Interim Fix Final Design and Post Design Services
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,
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
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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
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EXHIBIT A
2801 West Durango Street
Phoenix, Arizona 85009
GENERAL SCOPE OF WORK
CONTRACT FCD2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN
SERVICES ON-CALL

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EXHIBIT A
GENERAL SCOPE OF WORK
CONTRACTS FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN SERVICES
ON-CALL
The CONSULTANT shall provide engineering services for the final design and engineering support during
construction for the Guadalupe FRS Intake Demolition.
The work to be performed under this contract will be executed through the development and completion
of individual work assignments and specified deliverables. It is anticipated that the work will be
performed in two work assignments; one for final design to achieve ADWR approval for construction and
the second to provide engineering support during construction. These work assignments will be
developed and negotiated under this contract.
The CONSULTANT shall perform the items of work referenced in this Scope of Work in accordance
with the Flood Control District of Maricopa County’s Current Consultant Guidelines (CONSULTANT
GUIDELINES) unless otherwise specified in the individual Work Assignment.
I. PROJECT BACKGROUND
The Guadalupe Flood Retarding Structure was constructed by the NRCS in 1976 to prevent catastrophic
flooding to the town of Guadalupe from the small watershed emanating in South Mountain. The Gosnell
Development Corporation purchased the property in 1986 to construct a resort and golf course. The intake
structure was modified with the golf course construction by adding a decorate façade and a tile roof to
match the architecture of the resort. Continued application of water for the golf course has deteriorated the
intake structure to the point where it could collapse injuring guests of the resort or District O&M personnel.
Design work for the removal of the intake structure and replacement with a slide gate intake on the slope
of the dam was initiated under another District contract. That contract could not be modified to add time or
funds to achieve ADWR approval for construction or for the engineer to provide post design services during
construction. This new contract will provide the needed time and funds to achieve those goals.
CONSULTANT services shall include, but not be limited to, the following:
A.
1. General
1.1. Perform investigations, studies, literature research, data analysis, planning, concept
development, design, construction services, participate in the review of design deliverables
with NRCS and ADWR, obtaining any applicable permits to proceed, and additional tasks, as
required to develop a final design and obtain construction permits for all components of this
project.
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1.2. Perform applicable literature and data reviews required, participate in site visits, and participate
in site-specific inspections.
1.3. Provide deliverables in accordance with the project schedule.
2. Project Management and Administration
2.1. Coordination with the District, NRCS, ADWR and others as needed.
2.2. Coordination with subconsultants and vendors.
2.3. Develop individual work assignments.
2.4. Develop and update project progress reports, project schedules, and flow charts.
2.5. Oversee and take on the responsibility for all field safety issues pertaining to the Geotechnical
field activities and insure that all applicable safety standards are met during the geotechnical
field work.
2.6. Provide monthly invoicing.
3. Project Coordination
3.1. Facilitate, document and participate in a project “Kick-off meeting” and monthly progress
meetings as required by individual work assignments.
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, NRCS, ADWR,
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:
- Stakeholder Meetings;
- NRCS and ADWR Meetings; and
- Other meetings as needed.
4. Stakeholder Coordination
4.1 Coordinate with stakeholders on all project related issues; such as modifications to existing
access roads, future electric power utilities, etc.
4.2 Coordinate with stakeholders for potential multi-use features including non-flood control
facilities, features and activities where compatible with the safe and proper function, operation
and maintenance of the FRS and associated features.
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
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5.1. Collect, organize, and review the existing data, reports, and records.
5.2. Prepare data summary reports and geotechnical appraisal reports for use in developing work
assignments for field investigations
6. Geotechnical Investigations and Analysis (As Needed)
Provide geotechnical services on an "as-needed" basis as directed by the DISTRICT. The type of
service shall conform to one of the following categories:
7.1 Exploratory drilling (including triple tube samples), soil sampling (both disturbed and
undisturbed), soil field tests such as penetrometer tests, percolation tests, permeability tests,
pressure meter tests, and similar soil tests, seismic refraction surveys, and gravity surveys. The
services may include the furnishing of labor and equipment for obtaining the samples, such as
trenchers, backhoes, water trucks, dump trucks, drilling equipment, and compaction
equipment. The latter for backfilling test pits and trenches.
7.2 Laboratory testing of soil samples such as plasticity index, gradations, shear testing (both direct
and triaxial), bulk density, consolidation, and similar soil tests.
7.3 Other geotechnical services offered by the firm.
7.4 Engineering evaluation of test results with respect to defined improvements; the evaluation
being prepared by or under the direct supervision of an Arizona registered civil engineer.
7. Civil Engineering and Dam Technology Investigations, Analysis, Studies and Design
7.1. Provide constructability evaluations for the designs developed.
7.2. Prepare documentation of all aspects of planning and design undertaken and as directed by
specific work assignments.
7.3. Provide engineering and design services required during regulatory review and or pre report
submission to NRCS and ADWR.
8. Structural Engineering
8.1. Perform Structural design of new outlet components including intake, outlet, energy dissipation
structure, and outlet channel.
8.2. Perform Structural design of new gated outlet gates and actuating mechanisms including power
requirements and the structure necessary to protect the actuating mechanism.
8.3. Provide documentation summarizing structural design and calculations.
8.4. Provide documentation summarizing structural design services and calculations and participate
in review meetings with the USACOE and ADWR.
9. Landscape Architecture (As Needed)
9.1. Utilize applicable District policies and guidelines as guidance for developing the aesthetic and
multi-use features for this project.
10. Engineering and Design
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10.1. Develop design documents listed below, including the drawings, specifications, Design Report,
Operation and Maintenance (O&M) manual, and Quality Assurance Plan in accordance with
the ADWR Checklist of Items Required for a Complete Application, latest revision. Format
and write drawings and documents to include applicable information called for in the checklist.
10.2. Prepare engineering drawings, plans, profiles, typical sections, etc. applicable for the different
levels of design.
10.3. 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, drawings shall be formatted and detailed to include all applicable
information called for in ADWR Checklist of Items Required for a Complete Application, latest
revision.
10.4. Prepare a biddable set of Construction Specifications in complete and final detail meeting the
industry standard of care.
10.5. Prepare construction bid item quantities and estimates of probable construction costs applicable
to the each level of design and as well as a final Engineer’s Estimate of Probable Construction
Cost.
10.6. Prepare a construction schedule including as a minimum anticipated sequence and duration of
construction operations.
10.7. 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.
10.8. Prepare a Construction Quality Assurance Plan in complete and final detail for the Project.
10.9. Prepare a new and complete O&M Plan consistent with District criteria. The O&M plan may
also include operational guidelines for gated outlets and criteria for maintenance of
landscaping, vegetation, and wildlife corridors.
10.10. 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.
10.11. Provide deliverables in accordance with the project schedule at the specified design levels as
stated in work assignments.
10.12. Perform Independent Technical Reviews (ITR). The ITR for each work assignment shall be
accomplished by an independent team with a minimum of five years experience in the
disciplines involved and who were not involved in project development or supervision. A
Quality Control Plan (QCP) shall be developed wherein procedures to assure quality control
are described. This shall include the description of responsibilities of all assigned staff or
subcontractors and the quality control procedures to be applied to each work assignment task.
11. Permitting
11.1. Identify requirements for permits or licenses from other agencies.
11.2. Develop permit applications that can be finalized and submitted by the District.
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12. Outside Agency Coordination
12.1 ADWR Coordination
12.1.1. Prepare an ADWR “Application for Approval of the Plans and Specifications for Repair
of a Dam”, including all supporting reports and documents for construction.
12.1.2. Prepare an ADWR “Checklist of Items Required for a Complete Application”.
12.1.3. Provide engineering support as needed to obtain the ADWR “Permit To Construct” after
submittal of the ADWR permit application including but not limited to:
- Participation in meetings with ADWR;
- Providing written response to written questions; and
- Preparing contract contact changes and/or contract amendment as may be needed.
12.2 NRCS Coordination
12.2.1 Participation in meetings with NRCS;
12.2.2 Providing written response to written questions; and
12.2.3 Preparing contract contact changes and/or contract amendment as may be needed.
13. Engineering Support during Construction
13.1. 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.
- Address ADWR issues as may be needed during construction.
- Participate in the final inspection walk-through and prepare a “punch list” of items
requiring completion prior to final acceptance.
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- 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 and an ADWR Completion Report after the completion of
construction.
B. Other Project Tasks
The following activities may be required in this contract as identified by need and priority during the
contract period:
1. Hydrologic and hydraulic studies.
2. Detailed engineering analyses related to dam safety.
3. Provide specialty equipment for field testing and investigations, which may include triple barrel
soil samples (cores), installation of piezometers and other specialized geotechnical instruments, Jet
Index Tests, pressure meter tests, and Erosion Function Apparatus test.
4. Inspection of outlets, video documentation of outlet conditions and activities related to outlet
inspections.
5. Provide construction material testing services.
6. Sampling and laboratory testing for asbestos.
7. Performance of environmental studies and preparation of documentation as needed to secure
environmental permits for dam safety repairs and/or modifications.
8. Technical literature research related to dam safety issues and technology.
9. Topographic mapping and related design data collection.
10. Field Surveys.
11. Detailed feasibility level planning studies.
12. Detailed project partnering activities involving project coordination and implementation with
project participants.
13. Coordination with other CONSULTANT’s performing work for the DISTRICT under other
contracts.
14. Pre-Design and Final Design engineering services for dam safety modifications or dam safety
related work.
15. Other engineering services as determined by District need and priority to meet the goals and
objectives of the Districts Dams Safety Program and other District work as needed.
C. Additional Terms and Conditions
1. The presence of the CONSULTANT’s or its subcontractor's field personnel, either full-time or part-
time, may be for the purpose of providing project administration, assessment, observation and/or
field testing of specific aspects of the project, as authorized by the DISTRICT. Should a
contractor(s) not retained by the CONSULTANT be involved in the project, the DISTRICT will
advise such contractor of the extent of the CONSULTANT’s responsibilities while on the project
site. Contractor(s) will be solely and completely responsible for working conditions on the job site
in accordance with the existing contract between the Contractor and the DISTRICT.
2. Test specimens or samples that are generally consumed or substantially altered during testing and
any remnants may be disposed of immediately upon completion of tests. Remaining samples and
other specimens may be disposed of thirty (30) days after submission of the CONSULTANT’s
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report unless otherwise directed by the DISTRICT.
3. At the DISTRICT’s written request, the CONSULTANT will retain preservable test specimens or
the residue there from for 30 days after submission of the CONSULTANT’s report free of storage
charges. After the initial 30 days and upon the DISTRICT’s written request, the CONSULTANT
will use its best efforts to retain test specimens or samples but only for a mutually acceptable storage
charge and period of time.
The CONSULTANT’s laboratory shall be certified to state or national standards as specified in each
task assignment.
D. PAYMENTS
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.
Payments will be made for the actual hours worked and/or other costs incurred or provided for in
accordance with Exhibit B, Fee Schedule.
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EXHIBIT B
FEE SCHEDULE
CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL
DESIGN AND POST DESIGN SERVICES
ON-CALL

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EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN SERVICES- ON-CALL
PRIME CONSULTANT
COMPANY NAME: Black & Veatch Corporation DATE: February 2021
PROFESSIONAL DIRECT LABOR HOURLY RATE(A)
(NOT TO EXCEED)
Principal/Contract Manager $104.35
Sr. Project Manager/Sr. Task Leader $81.22
Project Manager/Task Leader $72.78
QA/QC Manager $90.44
ITR/SAR Senior Engineer $109.20
Senior Dam Engineer/Risk Manager $136.91
Dam Engineer $64.20
Senior Water Resources Engineer $78.63
Structural Engineer $78.61
Civil Engineer $50.24
Design Engineer $49.06
Field Crew $66.10
Resident Engineer $65.86
Environmental Scientist $62.49
Public Involvement Specialist $49.93
Designer $39.61
Technician/Drafter $43.96
GIS Services $43.17
Secretary/Clerical $31.64
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.
1. B/W Photo Copies 8 ½ x 11 Each $ 0.08/page
2. B/W Full Size Copies 11x17 Each $ 0.16/page
3. Color Copies 8 ½ x 11 Each $ 0.50/page
4. Color Full Size Copies 11x17 Each $ 1.00/page
4. Plan Sheet 24 x 36 Each $ 2.00/BW plan, $12.00/color plan
5. Courier Delivery Each $ 35.00 per 4-hour delivery
6. Hotel Night Per Federal Rates for AZ Per Diem (B)
7. Airfare (Flight) Trip Actual Cost (C)
8. Rental Vehicle/Truck Day Actual Cost (D)
9. Personal Vehicle Mileage Mile Per Current Federal Mileage Rate (E)
Mileage Current Federal Rate Per Year (2021 Rates = 0.56/mi)
10. Meals day, in travel Per Federal Rates for AZ Per Diem (F)
Contract FCD 2020C019 Page 1 of 2 Fee Schedule – Exhibit B

DocuSign Envelope ID: DAE581C7-E209-4DA2-AF4F-2D3BA67C2276
Unit Rate Details:
A. Labor rates are presented here-in reflect the initial two labor years for contract duration. Review
and adjustments to be applied following financial review for additional years of service(s).
B. Hotel shall be reflected as Actual Cost, booked in accordance with current Federal Per Diem
Rates for Arizona. Per Diem Rates for Arizona: http://www.gsa.gov/portal/category/100120
C. Airfare shall be reflected as Actual Cost, limited to coach. Flight shall be purchased fourteen
(14) business days in advance unless otherwise pre-approved by Flood Control District of
Maricopa County Project Manager in writing.
D. Rental Car shall be reflected as Actual Cost, limited to Economy or Compact, with reservations
prepared at the same time as airfare.
E. Mileage for personal vehicle use shall be reflected as Actual Cost, billed in accordance with the
current Federal Mileage Reimbursement: https://www.irs.gov/newsroom/irs-issues-standard-
mileage-rates-for-2021
F. Meals shall be reflected as Actual Cost, billed in accordance with the current Federal Per Diem
Rates for Arizona.
SUBCONSULTANT – Fee Schedules Attached
1) Hoffman Southwest Corp., dba Professional Pipe Services (Pro-Pipe)
2) Cooper Aerial Surveys Co. (Cooper)
Black & Veatch Corporation
OVERHEAD: 184.21%
PROFIT: 10 %
Contract FCD 2020C019 Page 2 of 2 Fee Schedule – Exhibit B

DocuSign Envelope ID: DAE581C7-E209-4DA2-AF4F-2D3BA67C2276
EXHIBIT B
FEE SCHEDULE
CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND
POST DESIGN SERVICES- ON-CALL

DocuSign Envelope ID: DAE581C7-E209-4DA2-AF4F-2D3BA67C2276
EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2020C019
GUADALUPE FRS INTERIM FIX FINAL DESIGN AND POST DESIGN SERVICES- ON-CALL
SUBCONSULTANT COMPANY NAME: __PRO-PIPE, INC.____________ DATE: JANUARY 2021
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
Project Manager $ 63.60
Production Manager $ 43.46
GIS Technician $ 41.76
Water Truck Operator $ 22.26
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.
ITEM DESCRIPTION UNIT UNIT RATE
1. Vactor Truck (4hr min, Port-to-Port) Hour $ 250.00
2. Panoramo Linear Inspection Services Hour $ 200.00
3. Panoramo Structure/Manhole Services EA $ 120.00
4. Licensed Diver Team Per Day $ 2,244.00
5. Remote Access Water Truck Per Day $ 300.00
6. Laser Inspection Services (18" min dia.) LF $ 8.00
7. Confined Space Support Hour $ 170.00
8. Bypass and Plug LS $ 1,000.00
9. Support Truck / Extra Equipment Per Day $ 300.00
Hourly rates are port to port
Minimum LF for Sonar/Laser = 1000 LF
OVERHEAD: 91.5%
PROFIT: 10%
Contract FCD 2020C019 Exhibit B – Fee Schedule Page 2 of 2