ON-CALL CONTRACT - FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES.PDF

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
CONTRACT FCD 2020C017
CONSTRUCTION MANAGEMENT AND INSPECTION ON-CALL
SERVICES

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
CONTRACT FCD 2020C017
CONSTRUCTION MANAGEMENT AND INSPECTION ON-CALL 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 2020C017
CONSTRUCTION MANAGEMENT AND INSPECTION ON-CALL 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 On-Call Services for Metro Drainage Master Study/Plan Update performed for those
services more fully described in Exhibit A, General Scope of Work, and Exhibit B, Fee
Schedule, attached; Quality Testing, LLC, hereinafter called “Consultant”, with its principal
offices located at 175 S. Hamilton Place, Bldg. 6, Suite 114, Gilbert, AZ 85233 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 Construction
Management Services as necessary for the CONSTRUCTION MANAGEMENT AND
INSPECTION ON-CALL 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 two
million dollars and zero cents ($2,000, 000.00) is expended, whichever occurs first.
SECTION III—PAYMENTS TO THE CONSULTANT
The Consultant shall be paid a fee not-to-exceed two million dollars and zero cents ($2,000,
000.00) for work under this Contract in accordance with the General Scope of Work.
The District shall make final payment to the Consultant for each Work Assignment upon
satisfactory completion and acceptance by the District, provided the Consultant returns the
executed Work Assignment Certificate of Performance furnished by the Agent. Should an
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assignment require more than thirty (30) days to complete, the Consultant may invoice progress
payments based on District approved monthly progress reports and subject to the limitations set
forth in the Detailed Scope of Work negotiated for the Work Assignment.
Not-to-exceed Work Assignments will be paid on the basis of actual hours worked and actual
costs incurred, per schedules attached under the Work Assignment. The negotiated hourly rate
shall be paid for all labor performed on the Contract that meets the labor classification specified
in the Contract. Should an employee perform work associated with a labor classification above
or below that of the employee’s actual classification, whichever rate is lower will be used for
payment. Should a labor classification’s rate represented on a Work Assignment schedule differ
from that rate represented on the Contract Exhibit B Fee Schedule, the lowest rate will apply.
With each request for payment, the Consultant shall complete and provide the “Maricopa
County Small Business Enterprise Program Participation Reporting Form” which is included with
this Contract document.
A Certificate of Performance will be provided with each Work Assignment. Upon Completion of
each Work Assignment, the Consultant will furnish to the District that Certificate of Performance,
fully executed. Upon completion of all Work Assignments under this Contract, the Consultant
will furnish to the District an executed Contract Certificate of Performance (Attachment 1).
SECTION IV—THE DISTRICT’S RESPONSIBILITIES
The District shall furnish the Consultant, at no cost to the Consultant, the following information
or services for each Work Assignment:
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the
Work Assignment. This does not, however, relieve the Consultant of the responsibility of
searching records for additional information, for requesting specific information, or for
verification of that information provided. The District does not warrant the accuracy or
comprehensiveness of any such information.
B. All available information and data relative to policies, standards, criteria, studies, etc.
impacting the Work Assignment as identified by the Consultant.
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C. Available staff for consultation with the Consultant during the performance of studies and
plan development in order to identify the problems, needs, and other functional aspects of
the Work Assignment.
D. Prompt examination of documents submitted by the Consultant and rendering of decisions
pertaining thereto in order to avoid unreasonable delay in the progress of the work by the
Consultant. The District will keep the Consultant advised concerning the progress of the
District’s review of work.
SECTION V—ALTERATION IN SCOPE OF WORK
This Contract and Work Assignments issued under this Contract may be amended by mutual
written agreement of the District and the Consultant.
Any alteration in the General Scope of Work that will result in a substantial change in the nature
of the Contract so as to materially increase or decrease the Contract fee will require negotiation
of an amendment to the Contract to be executed by the District and the Consultant; no work
shall commence on the change until the Contract amendment has been approved by the District
and the Consultant has been notified to proceed by the Agent. Any alteration in a Work
Assignment Detailed Scope of Work that will result in a substantial change in the nature of the
Work Assignment so as to materially increase or decrease the Work Assignment fee will require
negotiation of an amendment to the Work Assignment to be executed by the District; no work
shall commence on the change until the Work Assignment amendment has been approved by
the District and the Consultant has been notified to proceed by the Agent. Redistributions of
resources, between negotiated Work Assignment tasks, that do not materially impact the total
Work Assignment fee shall require the Agent’s authorization.
It is distinctly understood and agreed that no claim for extra work done or materials furnished by
the Consultant will be allowed by the District except as provided herein, nor shall the Consultant
do any work or furnish any materials not covered by this agreement unless such work is first
authorized in writing by the District and in accordance with the Maricopa County Procurement
Code. Any such work or materials furnished by the Consultant without such written authorization
first being given shall be at Consultant’s own risk, cost, and expense, and Consultant hereby
agrees to make no claim for compensation for such work or materials furnished.
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SECTION VI—RECORDS
Records of the Consultant’s expenses pertaining to this Contract and records of accounts
between the District and the Consultant shall be kept by the Consultant on a generally
recognized accounting basis for six (6) years following final payment and shall be available
upon request to the District or its authorized representative for audit during normal business
hours. In the event that the Consultant’s records do not support a charge incurred by the
District, the Consultant shall reimburse the District for the unsupported charge or provide
supporting documentation within thirty (30) days of notification.
SECTION VII—CONTRACT/WORK ASSIGNMENT COMPLETION
If, during the course of this Contract and/or a Contract Work Assignment, situations arise which
prevent completion within the allotted time for the Contract/Work Assignment, the Agent may
grant an extension. Any work or materials furnished by the Consultant outside the allotted
Contract/Work Assignment completion time (as extended, if applicable) shall be at the
Consultant’s own risk, cost, and expense, and Consultant hereby agrees to make no claim for
compensation for such work or materials furnished.
SECTION VIII—TERMINATION
The District may terminate this Contract at any time upon reimbursement to the Consultant of
expenses that include reasonable charges for time and material for the percentage of work
satisfactorily completed and turned over to the District.
The District reserves the right to postpone, terminate, or abandon this Contract for the
Consultant’s failure to complete any Work Assignment on time, or failure to comply with the
provisions of the Contract. The District also reserves the right to terminate any or all parts of this
Contract for its own convenience as the District may determine at its sole discretion.
The District hereby gives notice that pursuant to A.R.S. § 38-511 “A” this Contract may be
canceled without penalty or further obligation within three (3) years after execution if any person
significantly involved in initiating, negotiating, securing, drafting, or creating a contract on behalf
of the District is, at any time while the contract or any extension of the contract is in effect, an
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employee or agent of any other party to the contract in any capacity or a consultant to any other
party of the contract with respect to the subject matter of the contract. Cancellation under this
section shall be effective when written notice from the District Director is received by all of the
parties of the contract. In addition, the District may recoup any fee or commission paid or due to
any person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the District from any other party to the contract arising as a result of the
contract.
The Consultant may terminate this Contract in the event of nonpayment of fees as specified in
Section III, Payments to the Consultant.
SECTION IX—OWNERSHIP OF DOCUMENTS
A. All original documents including, but not limited to studies, reports, tracings, drawings,
physical and computer models, estimates, field notes, investigations, design analysis,
calculations, computer software, and specifications, prepared in the performance of this
Contract are to be and remain the property of the District and are to be delivered to the
Agent before final payment is made to the Consultant. The District will not reuse, alter or
modify these documents without noting such modifications, alterations, or intent of their
reuse, and will hold the Consultant harmless from any claims arising from such reuse,
modifications, or alterations of the documents. The Consultant may retain reproducible
copies of all such documents delivered to the District.
B. If the Consultant retains reproducible copies of all such documents delivered to the District,
the Consultant may not use those documents in regard to current or future claims or
litigation against the District brought by another party or parties unless the documents are
independently produced in accordance with a court order or procedural rules and notice of
such production is given to the District immediately and prior to their production.
C. Copies retained by the Consultant, sub-consultant(s), or any related entities are governed
by Arizona Law regarding the use of public records and may not be used for commercial
purpose without additional written permission from the District and the payment of all
applicable fees.
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D. The District reserves the right to reuse, reproduce and distribute the documents as it sees
fit.
SECTION X—COMPLIANCE WITH LAWS
A. The Consultant is required to comply with all Federal, State, and local laws, local ordinances
and regulations. The Consultant’s signature on this Contract certifies compliance with the
provisions of the I-9 requirements of the Immigration Reform and Control Act of 1986 for all
personnel that the Consultant and any sub-consultants employ to complete any Work
Assignment. It is understood that the District shall conduct itself in accordance with the
provisions of the Maricopa County Procurement Code.
The Consultant warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
(1) That the Consultant and its sub-consultants, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214, subsection A; After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility of the
employee through the e-verify program and shall keep a record of the verification for the
duration of the employee's employment or at least three years, whichever is longer.
(2) That a breach of a warranty under Subsection (1) above, shall be deemed a material
breach of the Contract that is subject to penalties up to and including termination of the
Contracts;
(3) That the contracting government entity retains the legal right to inspect the papers of any
Consultant or sub-consultant employee who works on the Contract to ensure that the
Consultant or sub-consultant is complying with the warranty provided under Subsection
(1) above and that the Consultant agrees to make all papers and employment records of
said employee(s) available during normal working hours in order to facilitate such an
inspection.
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(4) That nothing herein shall make any consultant or sub-consultant an agent or employee
of the contracting government entity.
(5) The District may request verification of compliance for any Consultant or sub-consultant
performing work under the Contract. Should the District suspect or find that the
Consultant or any of its subcontractors are not in compliance, the District may pursue
any and all remedies allowed by law, including, but not limited to: suspension of work,
termination of the Contract for default, and suspension and/or debarment of the
Consultant. All costs necessary to verify compliance are the responsibility of the
Consultant.
(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
Contract 2020C017 Page 17 of 24

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
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
Contract 2020C017 Page 18 of 24

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
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.
……………………………………………………………………………………………………………….
Contract 2020C017 Page 19 of 24

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
2/3/2021
2/3/2021

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
CONTRACT FCD 2020C017
CONSTRUCTION MANAGEMENT AND INSPECTION ON-CALL 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
Contract 2020C017 Page 21 of 24

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
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 Quality
Testing, LLC, and its subcontractors in connection with the project described in District contract
FCD 2020C017 for the Construction Management and Inspection On-Call Services have
been paid.
Quality Testing, LLC, 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 2020C017,
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 2020C017 Page 22 of 24

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08 ATTACHMENT 2
CERTIFICATE OF INSURANCE
Contract 2020C017 Project Title: Construction Management and Inspection On-Call 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
Contract 2020C017 Page 23 of 24

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
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 2020C017 Page 24 of 24

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
EXHIBIT A
GENERAL SCOPE OF WORK
CONTRACT FCD 2020C017
ON-CALL
CONSTRUCTION MANAGEMENT SERVICES

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
EXHIBIT A
GENERAL SCOPE OF WORK
CONTRACT FCD 2020C017
ON-CALL CONSTRUCTION MANAGEMENT SERVICES
The CONSULTANT agrees to provide Construction Management Services to the Flood Control District
of Maricopa County (DISTRICT) on an “as-needed” basis. The Scope of Work may include, but is not
limited to, the following services:
A. CONSTRUCTION MANAGEMENT SERVICES
1. Provide a Construction Manager and submit his/her qualifications to the DISTRICT for approval.
2. Prepare, issue, and maintain a list of key personnel assigned to the project by the Contractor.
3. Establish and maintain a project file to be delivered to the DISTRICT upon completion.
4. Make arrangements for and conduct the pre-construction conference for the project.
5. After contract award and prior to notice to proceed, coordinate with the Contractor to schedule a
partnering workshop to be facilitated by a third party competent in the fundamentals of
partnering, and mutually acceptable to Contractor and Owner. Coordinate follow-up workshops
to be held periodically throughout the duration of the contract as agreed to by the Contractor and
Owner.
6. Develop an Inspection and Testing Plan (ITP) for each assigned project in coordination with, and
subject to approval of, the DISTRICT. The ITP will define the Quality Assurance (QA), or
acceptance process, as it relates to each specific element of the project, and will address
documentation requirements, applicable inspection checklists, planned materials sampling and
testing frequencies, expected sampling and testing quantities, and the materials requiring
certificates of compliance. The ITP will also define the project specific responsibilities
associated with Contractor Quality Control (QC) and Independent Assurance (IA).
7. Prepare a schedule of shop drawings and material submittals consistent with the project schedule.
8. Review and approve shop drawings and material submittals. Such submittals shall be stamped
either “Approved”, “Not Approved”, or “Approved as Noted” as appropriate.
9. Maintain daily inspection journals and transmit copies to the DISTRICT each week with a
summary including comments on schedule and progress.
10. Periodically throughout the project, monitor and document the ITP compliance status, making
adjustments as appropriate.
11. Hold weekly meetings with Contractor supervisory personnel to assure close coordination of and
Contractor understanding of each aspect of the work. Advise DISTRICT of time and place of
meetings.
FCD 2020C017 Page 2 of 4 Exhibit A – Scope of Work

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
12. Determine quantity of work in-place, obtain agreement of the Contractor and the DISTRICT,
prepare request for monthly progress payment on approved form and submit to the Construction
Manager of the DISTRICT for final approval. The Construction Manager, acting as an agent for
the DISTRICT, will follow all DISTRICT procedures and Arizona Revised Statutes §34-221
when processing payment for construction under this contract. The Construction Manager
understands that there are statutory penalties for failing to process the construction payments in
the mandated time frame.
13. Make recommendations for and process change orders. Submit all change orders to the
DISTRICT for final approval.
14. Analyze problems that arise which result in any structural changes or any alterations. Make
appropriate analysis of alternative actions, and submit recommended solutions with supporting
documents and calculations in writing to the DISTRICT for review and approval.
15. Arrange and conduct interim and final observations during construction and when work is
complete. Prepare deficiency list and re-inspect for items that require additional attention.
16. Make final determination of all contract quantities, prepare and submit final payment request
together with Certificate of Performance and other required final documentation to the
Construction Manager of the DISTRICT for final approval. The Construction Manager, acting as
an agent for the DISTRICT, will follow all DISTRICT procedures and Arizona Revised Statutes
§34-221 when processing payment for construction under this contract. The Construction
Manager understands that there are statutory penalties for failing to process the construction
payments in the mandated time frame.
17. Obtain sealed as-built drawings from the Contractor and submit to the DISTRICT.
18. Upon Project completion, submit completed project file to the DISTRICT. Include all shop
drawings, maintenance manuals, manufacture’s instructions, parts lists, and all other pertinent
data applicable to the project. File shall contain copies of all correspondence, inspection logs,
reports, test results, photographs, and documentation of reasons for delay, payment requests,
change orders, field orders and sketches, survey notes, quantity estimates, and such other
applicable documents necessary to provide a complete and accurate job record from beginning to
end.
B. CONSTRUCTION MONITORING SERVICES
1. Provide Construction Inspectors and submit all qualifications to the District for approval.
2. In accordance with the approved ITP, provide construction monitoring, survey, evaluation of
materials, or geotechnical conditions at construction site, or manufacturing site when applicable,
such as when pre-cast concrete structural elements are a part of the work.
3. Insure all field test samples such as concrete cylinders, soil tests, and any other required testing is
prepared by construction materials testing technicians according to applicable test procedures and
evaluate materials when applicable.
4. Monitor work in progress as well as finished work and keep Contractor informed of the
acceptability status of the work as well as any questionable methods.
FCD 2020C017 Page 3 of 4 Exhibit A – Scope of Work

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
5. Report any unsafe job conditions or unsafe work practices to the Contractor and the Construction
Manager and enter incident in the daily construction log.
6. Observe material stored on site to assure that the Contractor provides and maintains proper
security and damage prevention measures of such materials.
7. Prepare a daily observation log covering job activity, manpower, equipment use, inspection
action, tests taken, any field orders or instructions to the Contractor, weather conditions, and any
job conditions that affect work performance or might result in delay or claims. Submit one copy
of each daily report together with a weekly summary to the Construction Manager.
8. Monitor footing excavations or drilling operations to verify that soil conditions encountered
match those shown on the plans.
9. Take photographs of all critical developments or conditions during construction such as flood
damage, accidents, substandard work, structural failure, or any other instance that is deemed
pertinent by the Construction Manager. These photographs shall be made part of the project
records.
10. Monitor all terminal operations such as backfilling, concrete placement, pipeline tests, and
asphalt placement, and evaluate materials when applicable.
11. Maintain close coordination with the Construction Manager, keeping aware of the current
schedule.
12. Make the Contractor aware of the observation and testing requirements and their affect on the
Project schedule.
C. AUTHORIZATION
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. 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 for a Work Assignment shall commence only upon receipt of the Agent’s written notice
to proceed. All work initiated under this contract must be completed on or before the expiration date
of the contract.
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.
FCD 2020C017 Page 4 of 4 Exhibit A – Scope of Work

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
EXHIBIT B
FEE SCHEDULE
CONTRACT FCD 2020C017
CONSTRUCTION MANAGEMENT AND
INSPECTION ON-CALL SERVICES
Services Provided by :
Quality Testing, LLC

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
EXHIBIT B – FEE SCHEDULE
CONTRACT NO. FCD 2020C017
Construction Management and Inspection On-Call Services
THE FEE SCHEDULE PROVIDED BY FCDMC HAS BEEN MODIFIED BY QT TO REFLECT
POSITIONS AND RATE STRUCTURE PROPOSED BY QT.
PRIME CONSULTANT
COMPANY NAME: Quality Testing, LLC DATE: 12/28/2020
PROFESSIONAL (LABOR CLASSIFICATION) DIRECT LABOR (DL)
HOURLY RATE (Not to Exceed)
(AVG Regular Pay Rate for Classification)
Principal Engineer $ 102.00
Senior Construction Manager $ 81.56
Construction Manager $ 75.11
Chief Construction Inspector $ 54.50
Senior Construction Inspector $ 39.70
Lead Inspector $ 35.25
General Inspector $ 32.00
Construction Office Manager $ 34.00
Office Administrator $ 24.02
Quality Assurance Manager $ 88.00
Materials Supervisor $ 54.50
Senior Testing Technician $ 31.50
Testing Technician $ 27.00
Test Data Technician $ 23.43
NOTES: Overtime must be approved by FCDMC PM in advance and is expected to be minimal, if any. If approved, overtime hours shall be
charged as Premium hours at a rate of 1.5 x (Regular Rate). Overtime Premium, when approved, applies only to Non-Engineer
positions. Overtime is defined as labor hours in excess of 40 hrs in a week on the same job.
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.
Vehicle Mileage $ GSA Rate PER MILE
See Exhibit B Fee Schedule (Lab Testing Rates) PER TEST
Nuclear Density Gauge $ 20 PER DAY
SUBCONSULTANT – Subconsultants must also submit a Fee Schedule.
Consultant Engineering, Inc. (CEI) – Exhibit B Fee Schedule Attached
Tristar Engineering & Management, Inc. – Exhibit B Fee Schedule Attached
OVERHEAD 167.51 % (Audited in 2018 for 2016 Fiscal)
FEE 10 %
Contract FCD 2020C017 Page 2 of 2 Exhibit B – Fee Schedule

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
We 175 Make S. Hamilton Quality Place Our Business CONSTRUCTION EXHIBIT MATERIALS B FEE SCHEDULE TESTING (Lab SERVICES Testing FEE Rates) SCHEDULE
Bld 6, Ste 114
Gilbert, AZ 85233 (for 2017-2018 COP (Contract Soils & FCD Materials 2020C017, Testing QT On-Call 21001.00) Services Contract)
(480)496-2000, (480)496-2001 FAX
www.qt-az.com
UNIT RATE ($) UNIT RATE ($)
DIRECT LABOR POSITIONS (Per Contract) SOIL & AGGREGATE (Laboratory Testing) - Continued
410 Plasticity Index, Dry Prep (ASTM D4318, AASHTO T89, T90) Each 85.00
411 Plasticity Index, Wet Prep (ASTM D4318, AASHTO T89, T90) Each 120.00
412 Proctor, Modified (ASTM D1557, AASHTO T180) Each 150.00
413 Proctor, Standard (ASTM D698, AASHTO T99) Each 120.00
SEE EXHIBIT B FEE SCHEDULE 414 Proctor, Soil Cement Mixtures (ASTM D558, AASHTO T134) Each 150.00
for FCD 2020C017 Labor Rates 415 Sand Equivalent (ASTM D2419, AASHTO T176) Each 110.00
416 Sieve Analysis (ASTM C136, C117, AASHTO T27, T11) Each 75.00
Laboratory Testing Unit Rates 417 Specific Gravity/Absorption (Coarse Agg.)(ASTM C127, AASHTO T85) Each 57.00
are defined below. 418 Specific Gravity/Absorption (Fine Agg.)(ASTM C128, AASHTO T84) Each 75.00
419 Specific Gravity of Soils (ASTM D854, AASHTO T100) Each 150.00
420 pH Determination (ASTM D2976, ARIZ 236) Each 45.00
421 Resistivity Determination (ARIZ 236) Each 57.00
422 Hydrometer Analysis (ASTM D422, AASHTO T88) Each 300.00
Overtime Premium (Per Exhibit B Fee Schedule for Direct Labor) Multiplier 1.00/1.50 423 Shrinkage Factor (AASHTO T92) Each 150.00
424 Expansion Index (ASTM D4829) Each 150.00
OTHERS DIRECT CHARGES (ODCs) 425 One Dimensional Swell/Settlement (ASTM D4546) Each 150.00
426 California Bearing Ratio (CBR) (3 points) (ASTM D1883, AASHTO T193) Each 600.00
427 Direct Shear Test (per point)(ASTM D3080, AASHTO T236) Each 94.00
SEE EXHIBIT B FEE SCHEDULE 428 Unconfined Compressive Strength (ASTM D2166, AASHTO T208) Each 94.00
for FCD 2020C017 ODC Rates 429 One Dimensional Consolidation (ASTM D2435, AASHTO T216) Each 150.00
430 Remolding Soil Sample (ARIZ 249) Each 38.00
431 Field Percolation Test (ASTM D3385) Each Quote
Rush Status Premium (Applied to Laboratory Test Unit Rates), when approved Multiplier 1.50 432 Clay Lumps & Friable Particles in Aggregates (ASTM C142, AASHTO T112) Each 96.00
433 Collapse Potential of Soils (ASTM D5333) Each 150.00
CONCRETE AND MASONRY (Laboratory Testing) 434 Lightweight Pieces in Aggregate (ASTM C123, AASHTO T113) Each 150.00
301 Compressive Strength, Cylindrical Specimen (ASTM C39, AASHTO T22) Each 16.00 435 Triaxial Shear Test (ASTM D7181/4767/2850, AASHTO T297/T296 ) Each Quote
302 Flexural Beam Testing (ASTM C78, AASHTO T97) Each 40.00 436 Durability Index (ASTM D3744) Each Quote
303 Obtain Concrete Cores (ASTM C42, AASHTO T24) Each LABOR 437 Organic Impurities (ASTM C40) Each 225.00
304 Trim Concrete Specimen Each 9.00 438 Compressive Strength of CTB or Soil Cement Specimen (ARIZ 241a) Each 94.00
305 Masonry Grout Prisms, Compressive Strength (ASTM C1019) Each 22.00 439 Organic Matter (LOI) Each 50.00
306 Mortar Cubes, Compressive Strength (ASTM C109) Each 22.00 440 Sulfate & Chloride Each 80.00
307 Mortar Cylinders, Compressive Strength (ASTM C780) Each 22.00 441 Unit Weight & Voids in Aggregate (ASTM C29, AASHTO T19) Each 110.00
308 CMU, Net Area/Absorption (ASTM C 140) Each 57.00
309 CMU, Compressive Strength (ASTM C140) Each 48.00 ASPHALT MIXTURES (Laboratory Testing)
310 CMU, Full Set (6 CMU Total)(ASTM C140) Set 320.00 501 Core Bulk Specific Gravity/Thickness (ASTM D2726, AASHTO T166) Each 20.00
311 Masonry Prism, Grouted, Compressive Strength (ASTM C1314) Each 110.00 502 Core Bulk Specific Gravity/Thickness (Coated) (ASTM D1188, AASHTO T275) Each 38.00
312 Masonry Prism, Ungrouted, Compressive Strength (ASTM C1314, C140) Each 110.00 503 Drill AC Cores (up to 8" thickness) Each 30.00
313 Shotcrete Panel Core, Compressive Strength (ASTM C42, C39, AASHTO T22, T24) Each 57.00 504 Ignition Oven - Calibration (per mix) (ASTM D6307, AASHTO T308) Each 699.00
314 Concrete Floor Moisture Vapor Emission Rate Each 35.00 505 Ignition Oven - Asphalt Cement Content (ASTM D6307, AASHTO T308) Each 125.00
315 Concrete Mix Design Each Quote 506 Ignition Oven - Gradation (ASTM C136, AASHTO T27) Each 75.00
316 Measuring Length of Drilled Concrete Cores (AASHTO 148) Each 20.00 507 Marshall Specimen Bulk Density (ASTM D6926, D2726, AASHTO T245) Set of 3 150.00
508 Marshall Stability & Flow (ASTM D6927) Set of 3 18.00
SOIL & AGGREGATE (Laboratory Testing) 509 Maximum Specific Gravity of HMA Mixture (ASTM D2041, T209) Set of 3 155.00
401 Bulk Density & Voids (ASTM C29, AASHTO T19) Each 57.00 510 Gyratory Compaction (ASTM D6925, D2726, AASHTO T312, T166) Set of 2 190.00
402 Flakiness Index (ARIZ 233C) Each 95.00 511 Nuclear Asphalt Content Gauge - Calibration (ASTM D4125, T287) Each 750.00
403 Flat & Elongated Particles in CA (ASTM D4791) Each 112.00 512 Moisture Induced Damage of HMA (TSR) (ASTM D4867, AASHTO T283) Set of 6 550.00
404 Fractured Particles in CA (Fractured Faces) (ASTM D5821) Each 97.00 513 Asphalt Concrete Mix Design Each Quote
405 Abrasion of Coarse Aggregate (LA) (ASTM C131, AASHTO T96) Each 225.00 514 Quantitative Extraction of Hot Mix Asphalt (HMA)(ASTM D2172, AASHTO T164) Each Quote
406 Sulfate Soundness of Aggregates (ASTM C88, T104) Each 320.00
407 Uncompacted Voids of Fine Aggregate (ASTM C1252, AASHTO T304) Each 93.00
408 Moisture Determination (ASTM C566, D2216, D4944, AASHTO T265, T217) Each 18.00
409 In-Situ Moisture / Unit Wt. (ring sample) (ASTM D2216, AASHTO T265) Each 36.00
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DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
We 175 Make S. Hamilton Quality Place Our Business CONSTRUCTION EXHIBIT MATERIALS B FEE SCHEDULE TESTING (Lab SERVICES Testing FEE Rates) SCHEDULE
Bld 6, Ste 114
Gilbert, AZ 85233 (for 2017-2018 COP (Contract Soils & FCD Materials 2020C017, Testing QT On-Call 21001.00) Services Contract)
(480)496-2000, (480)496-2001 FAX
www.qt-az.com
UNIT RATE ($) UNIT RATE ($)
ASPHALT CEMENT (Laboratory Testing) EMULSIONS & CUTBACK ASPHALT (Laboratory Testing)
601 PG Verification (AASHTO M320) Each 980.00 701 Emulsion Verification, RS-1, RS-2, SS-1, SS-1h (ASTM D977, AASHTO M140) Each 1130.00
602 PG Classification (AASHTO R29) Each 1200.00 702 Emulsion Verification, HFRS-2 (ASTM D977, AASHTO M140) Each 1130.00
603 Dynamic Shear Rheometer (ASTM D7175, AASHTO T315) Each 230.00 703 Emulsion Verification, QS-1H (ASTM D977, AASHTO M140) Each 1050.00
604 Dynamic Shear Rheometer, Temp Sweep (ASTM D7175, AASHTO T315) Each 300.00 704 Emulsion Verification, CRS-1, CRS-2, CSS-1, CSS-1h (ASTM D2397, M208) Each 1130.00
605 Bending Beam Rheometer (ASTM D6648, AASHTO T313) Each 300.00 705 Emulsion Verification, CQS-1h (ASTM D2397, AASHTO M208) Each 1050.00
606 Bending Beam Rheometer with RTFO/PAV Aging Each 600.00 706 Emulsion Verification, CQS-1h (MAG 713) Each 1130.00
607 Bending Beam with Physical Hardening (ASTM D6648, AASHTO T313) Each 490.00 707 Identification of Cationic Slow Setting Emulsion (AASHTO T59) Each 150.00
608 Rotational Viscosity (ASTM D4402, AASHTO T316) Each 110.00 708 Identification of Cationic Slow Setting Emulsion (AASHTO T59, Section 27) Each 300.00
609 Rotational Viscosity, (ASTM D2994, ASTM D4878/D5018) Each 150.00 709 Emulsified Asphalt/Aggregate Coating (AASHTO T59) Each 150.00
610 Rotational Viscosity, Temp Sweep 3 Points (ASTM D4402, AASHTO T316) Each 260.00 710 Residue by Evaporation (ARIZ 512, AASHTO T59) Each 110.00
611 Rotational Viscosity, Temp Sweep 4 Points (ASTM D4402, AASHTO T316) Each 300.00 711 Residue by Evaporation (ASTM D2393, CT331) Each 190.00
612 Pressure Aging Vessel (ASTM 6521, AASHTO R28) Each 230.00 712 Residue by Evaporation, Low Temperature (ASTM D7497) Each 300.00
613 Rolling Thin Film Oven (ASTM D2872, AASHTO T240) Each 150.00 713 Residue and Oil Distillate by Distillation (ASTM D244, AASHTO T59) Each 260.00
614 Rolling Thin Film Oven with Mass Loss (ASTM D2872, AASHTO T240) Each 190.00 714 Vacuum Distillation of Emulsion (ARIZ 504) Each 230.00
615 Multiple Stress Creep Recovery (MSCR) (ASTM 7405, AASHTO T350) Each 450.00 715 Density of Emulsified Asphalt (ASTM D6837, AASHTO T59) Each 150.00
616 Absolute Viscosity (140ºF, 60ºC) (ASTM D2171, AASHTO T202) Each 110.00 716 Low Temperature Distillation (ASTM D244, AASHTO T59) Each 315.00
617 Kinematic Viscosity (275ºF, 135ºC or 140ºF, 60ºC) (ASTM D2170, AASHTO T201) Each 150.00 717 Float Test (ASTM D139) Each 150.00
618 Ductility of Bituminous Materials (ASTM D113, AASHTO T51) Each 150.00 718 Distillate Fraction on Cutback (ASTM D402, AASHTO T78) Each 340.00
619 Elastic Recovery (ASTM D6084, AASHTO T301) Each 150.00 719 Demulsibility (ASTM D244, AASHTO T59) Each 150.00
620 Flash & Fire Point, Cleveland Open Cup, (ASTM D92, AASHTO T48) Each 110.00 720 Cement Mixing Test (ASTM D6935) Each 150.00
621 Flash & Fire Point, Cleveland Open Cup, co-polymer product (ASTM D92, AASHTO T48) Each 150.00 721 Coating (SE214) (AASHTO T59) Each 80.00
622 Penetration (@ Temperatures other than 77ºF; 25ºC) (ASTM D5, AASHTO T49) Each 115.00 722 High Float Emulsion Verification (ASTM D977, AASHTO M140) Each 1200.00
623 Penetration (@ 77ºF; 25ºC) (ASTM D5, AASHTO T49) Each 110.00 723 Particle Charge (ASTM D244, AASHTO T59) Each 110.00
624 Penetration Grade (PG) Asphalt Verification (AASHTO M20) Each 750.00 724 pH Determination (ASTM D1293) Each 110.00
625 Softening Point of Bitumen (Ring & Ball) (ASTM D36, AASHTO T53) Each 110.00 725 Saybolt Furol Viscosity (ASTM D88, AASHTO T72) Each 150.00
626 Specific Gravity of Binder (ASTM D70, AASHTO T228) Each 110.00 726 Settlement, 5-Day (ASTM D244, AASHTO T59) Each 230.00
627 Solubility of Asphalt Materials in Tricloroethylene (ASTM D2042, AASHTO T44) Each 190.00 727 Sieve Test (ASTM D244, AASHTO T59) Each 110.00
628 Water in Petroleum Products (ASTM D95, AASHTO T55) Each 300.00 728 Storage Stability, 1-Day (ASTM D244, AASHTO T59) Each 190.00
629 Flash & Fire Point, Tag Open Cup (ASTM D3143, AASHTO T79) Each 110.00 729 Resistance to Water (ASTM D2939) Each 300.00
730 Resistance to Freezing (ASTM D2939) Each 190.00
ASPHALT RUBBER (Laboratory Testing) 731 Resistance to Heat (ASTM D2939) Each 300.00
650 Brookfield Viscosity (ASTM D2994 or ASTM D5018) Each 150.00 732 Resistance to Kerosene (ASTM D2939) Each 530.00
651 Brookfield Viscosity Crack Sealant (ASTM D2196) Each 190.00 733 Freezing (ASTM D6929, AASHTO T59) Each 190.00
652 Rotational Viscosity (ASTM D4402, AASHTO T316) Each 110.00 734 Extraction for AC Content (AASHTO T164) Each 300.00
653 Resilience (ASTM D5329) Each 110.00 735 Abson Recovery (ASTMD1856, D2172, AASHTO T164) Each 625.00
654 Specific Gravity of Crumb Rubber (ASTM D1817, CT208) Each 230.00 736 Wet Track Abrasion, 1-Hour (ASTM D3910/ISSA TB100) Each 280.00
655 Bulk Density of Crumb Rubber Each 190.00 737 Wet Track Abrasion, 6-Day (ASTM D3910/ISSA TB100) Each 350.00
656 Crumb Rubber Gradation (ASTM C136) Each 110.00 738 Monolayer Loaded Wheel Test (ISSA TB109) Each 255.00
657 Haake Viscosity (ASTM D7741) Each 110.00 739 Wet Cohesion Test (ISSA TB109) Each 55.00
658 Cone Penetration (ASTM D5329, AASHTO T59) Each 110.00
OTHER
803 Bituminous Distributer Truck Transverse Spread Rate (ARIZ 411) Each 950.00
FLOOD CONTROL SPECIFIC TESTING 820 Steel (Bars) / Tension, Elongation, Strength (ASTM A615, ASTM A706) Each 120.00
Graded Filter Sand Unconfined Compressive Strength (Non-ASTM) Each 500.00 821 Steel (Bars) / Bend Test (ASTM A615, ASTM A706) Each 120.00
Vaughan & Soares Test Each 500.00 822 Steel (Strand/Wire/Cable) / Tension, Elongation, Strength (ASTM A416) Each 150.00
Maximum & Minimum Density Using Vibratory Table (ASTM D4253/ASTM D4254) Each 95.00
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DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2020C017
CONSTRUCTION MANAGEMENT AND INSPECTION ON-CALL SERVICES
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: Consultant Engineering, Inc. DATE: 12/28/2020
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
CM Division Positions
Senior Construction Manager $ 98.00
Construction Manager $ 71.00
Chief Construction Inspector $ 53.83
Senior Construction Inspector $ 45.43
Lead Inspector $ 39.93
General Inspector $ 33.00
Construction Office Manager $ 36.33
SURVEY/MAPPING
Survey Division Positions
Registered Land Surveyor $ 61.00
Survey Crew (2 man crew) $ 90.00
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.
• Office equipment/facilities will be provided by others (FCDMC/CMAR).
GPS Equipment (Leased) $ 450.00 / DAY
Office Supplies $ At Cost
Mileage $ GSA Rate
OVERHEAD (CM Division Positions): 140.64 %
OVERHEAD (Survey Division Positions): 170.19 %
PROFIT: 10 %
Contract FCD 2020C017 Exhibit B – Fee Schedule Page 2 of 2

DocuSign Envelope ID: 2164D80C-4905-4C03-B380-1EBDDB908C08
EXHIBIT B – FEE SCHEDULE
CONTRACT FCD 2020C017
CONSTRUCTION MANAGEMENT AND INSPECTION ON-CALL SERVICES
SUBCONSULTANT COMPANY NAME: Tristar Eng. & Management, Inc. DATE: 12-24-2020
PROFESSIONAL DIRECT LABOR HOURLY RATE
(NOT TO EXCEED)
CM Division Positions
Senior Construction Manager $ 96.00
Construction Manager $ 77.00
Chief Construction Inspector $ 51.00
Senior Construction Inspector $ 46.00
Lead Inspector $ 41.00
General Inspector $ 32.00
Construction Office Manager $ 41.00
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.
• Office equipment/facilities will be provided by others (FCDMC/CMAR).
Mileage $ GSA Rate
OVERHEAD (CM Division Positions): 138.09 %
PROFIT: 10 %
Contract FCD 2020C017 Exhibit B – Fee Schedule Page 2 of 2