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DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING 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……………………..……………………... 17 SIGNATURE PAGE……………………………………………………………………………… 20 ATTACHMENTS AND EXHIBITS……..……………………………………………………….. 21 Attachment 1 – Certificate of Performance & Payments of Claims Attachment 2 – Certificate of Insurance Attachment 3 – Maricopa County SBE Reporting Form Exhibit A – General Scope of Work Exhibit B – Fee Schedules Contract 2020C011 Page 2 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING 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 Dam Safety On-Call Engineering performed for those services more fully described in Exhibit A, General Scope of Work, and Exhibit B, Fee Schedule, attached; Geosyntec Consultants, Inc., hereinafter called “Consultant”, with its principal offices located at 11811 North Tatum Blvd., Phoenix, AZ 85028 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 Engineering Services as necessary for the DAM SAFETY ON-CALL ENGINEERING 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. Contract 2020C011 Page 3 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB The amount of work requested during the life of the contract is unknown; the least amount being zero and the maximum amount being limited to the "not-to-exceed" amount of the contract. A Not to Exceed fee will be negotiated for each Work Assignment consistent with Exhibit B, Fee Schedule. The Consultant shall complete all work in accordance with the provisions of Exhibit A, General Scope of Work and the detailed Scope of Work as negotiated for each specific Work Assignment. Performance of a Work Assignment shall commence only upon receipt of the Agent’s written Notice to Proceed; any work or materials furnished by the Consultant without such written authorization first being given shall be at Consultant’s own risk, cost, and expense, and Consultant hereby agrees to make no claim for compensation for such work or materials furnished. Work Assignments under this Contract may include “Optional Tasks”, which will be explicitly identified as such in the Work Assignment Detailed Scope of Work. The Consultant must obtain the Agent’s written authorization prior to initiating any Optional Task. All work initiated under this Contract must be completed on or before the expiration date of the Contract, and on or before the expiration date of the subject Work Assignment. The DISTRICT shall have the authority to extend the term of this Contract for such period of time as deemed necessary for the Project. This Contract shall be effective for seven hundred thirty (730) calendar days from the date of its execution with the option to renew at the Districts discretion or until the Contract amount of one million dollars and zero cents ($1,000,000.00) is expended, whichever occurs first. SECTION III—PAYMENTS TO THE CONSULTANT The Consultant shall be paid a fee not-to-exceed one million dollars and zero cents ($1,000, 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 Contract 2020C011 Page 4 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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. Contract 2020C011 Page 5 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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. Contract 2020C011 Page 6 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 Contract 2020C011 Page 7 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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. Contract 2020C011 Page 8 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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. Contract 2020C011 Page 9 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB (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. Contract 2020C011 Page 10 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 Contract 2020C011 Page 11 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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. Contract 2020C011 Page 12 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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; Contract 2020C011 Page 13 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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. Contract 2020C011 Page 14 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 Contract 2020C011 Page 15 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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. Contract 2020C011 Page 16 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 2020C011 Page 17 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 2020C011 Page 18 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 2020C011 Page 19 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 1/21/2021 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING 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 2020C011 Page 21 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 Geosyntec Consultants, Inc., and its subcontractors in connection with the project described in District contract FCD 2020C011 for the Dam Safety On-Call Engineering have been paid. Geosyntec Consultants, Inc., understands that with receipt of payment for previously invoiced amounts plus any retained monies, that this is a settlement of all claims of every nature and kind against the District arising out of the performance of the District’s contract FCD 2020C011, 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 2020C011 Page 22 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB ATTACHMENT 2 CERTIFICATE OF INSURANCE Contract 2020C011 Project Title: Dam Safety On-Call Engineering 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 2020C011 Page 23 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 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 2020C011 Page 24 of 24 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 2801 West Durango Street Phoenix, Arizona 85009 602-372-0617 REQUEST FOR QUALIFICATIONS EXHIBIT A CONTRACT FCD2020C011 ON-CALL ENGINEERING FOR DAM SAFETY WORK DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT A GENERAL SCOPE OF WORK CONTRACT FCD 2020C011 Dam Safety On-Call Engineering The CONSULTANT agrees to provide civil, geotechnical, hydrologic/hydraulic, and structural engineering services related to dam safety work for various Flood Control District of Maricopa County (DISTRICT) embankment dams. The work is primarily anticipated to involve investigation, evaluation, engineering analysis, design services, and engineering services during construction to address known dam safety issues and/or data gaps which have been identified through previous studies. A few examples of known dam safety issues and data gaps at DISTRICT dams include: presence of unfiltered conduits in dam embankments, dam abutment foundation concerns, slope stability and seepage analysis missing or insufficient, and dam embankment crack investigations. The work will also include facilitation of and participating in Failure Modes and Effects Analysis (FMEA) Meetings as needed. Work assignments will be developed and negotiated under this contract. The CONSULTANT agrees to provide services to accomplish the work under the direction of an Engineer or Geologist registered in the State of Arizona in the appropriate discipline. The technical services that are anticipated for completion of work authorized under this contract include civil engineering, geotechnical engineering, structural engineering, dam safety and technology, hydrology, hydraulics and FMEAs facilitated by an experienced FMEA and/or Risk Assessment facilitator. Additional technical services that may be required include, but are not limited to, surveying, geology, geomorphology, aerial mapping, biological sciences, archaeology, landscape architecture, construction material testing and public involvement. The CONSULTANT shall perform the items of work referenced in this Scope of Work in accordance with the DISTRICT’S Consultant Guidelines Dated July 30, 2014 (CONSULTANT GUIDELINES) unless otherwise specified in the individual Work Assignment. 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. Survey data and drawings shall be prepared and submitted in accordance with the DISTRICT’s “Computer Aided Drafting and Design (C.A.D.D.) Data Delivery Specifications (latest revision)”. CONSULTANT services shall include, but not be limited to, the following: 1. General 1.1. Tasks to include: perform field investigations, materials sampling and testing, studies, literature research, analysis, planning, concept development, design, FMEA’s, engineering during construction services, participate in the review of design deliverables with Natural Resources Conservation Service (NRCS), U.S. Army Corps of Engineers (USACE), and the Arizona Department of Water Resources (ADWR), obtain any applicable permits to proceed, Request for Qualifications – Exhibit A Page 2 of 8 FCD 2020C011 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB and additional tasks, as required to develop a final designs and/or reports and obtain construction permits, as applicable. 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, USACE, ADWR and others as needed. 2.2. Coordination with subconsultants and vendors. 2.3. Develop individual work assignment scopes and estimates. 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 field activities and ensure that all applicable safety standards are met during 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, USACE, 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, USACE 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, 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 dam 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. Request for Qualifications – Exhibit A Page 3 of 8 FCD 2020C011 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 5. Data Collection 5.1. Collect, organize, and review existing data, reports, and records as necessary in support of individual work assignment tasks. 5.2. Prepare data summary reports and geotechnical appraisal reports for use in developing work assignments for field investigations and/or further analyses. 6. Failure Modes and Effects Analysis (FMEA) 6.1. Facilitate FMEAs and/or Risk Assessments that may be required by individual work assignments. Any FMEA or risk Assessments are to be facilitated by a Professional Engineer with experience in dam safety, dam technology, risk assessment and related meeting facilitation. 7. Geotechnical Investigations and Analysis Provide geotechnical services as required by the individual work assignments. The type of service shall conform to one of the following categories: 7.1 Exploratory drilling and trenching, 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 (for backfilling test pits and trenches). 7.2 Laboratory testing of soil samples such as plasticity index, sieve analysis, 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 geotechnical test results; the evaluation being prepared by or under the direct supervision of an Arizona registered civil engineer. 7.5 Geotechnical Analysis including slope stability, seepage, settlement, erodibility, and foundation assessment performed by or under the direct supervision of an Arizona registered civil engineer. 8. Civil Engineering and Dam Technology Investigations, Analysis, Studies and Design 8.1. Provide constructability evaluations for the designs developed. 8.2. Prepare documentation of all aspects of planning and design undertaken and as directed by specific work assignments. 8.3. Provide engineering and design services required during regulatory review and/or pre-report submission to the USACOE and ADWR. 9. Structural Engineering 9.1. Perform Structural analysis and/or design of outlet components including intake, outlet, energy dissipation structure, and outlet channel. Request for Qualifications – Exhibit A Page 4 of 8 FCD 2020C011 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 9.2. Provide Structural Engineer services as required in support of the abandonment and/demolition of existing conduits and structures. 9.3. Provide documentation summarizing structural design and calculations. Perform structural analysis of existing structures based on as-builts and available information. 9.4. Provide documentation summarizing structural design services and calculations and participate in review meetings with NRCS, USACE and ADWR. 10. Landscape Architecture 10.1. Utilize applicable DISTRICT policies and guidelines as guidance for developing the aesthetic and multi-use features for this project in coordination with the DISTRICT’S landscape architect. 11. Value Engineering 11.1. Provide value engineering services. 11.2. Provide documentation for the value engineering services. 12. Engineering and Design 12.1. 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. 12.2. Prepare engineering drawings, plans, profiles, typical sections, etc. applicable for the different levels of design. 12.3. 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. 12.4. Prepare a biddable set of Construction Documents (Plans and Specifications) in complete and final detail meeting the industry standard of care. Construction Documents may also be prepared for and in coordination with Job Order Contractors working for the DISTRICT under separate contract. 12.5. Prepare construction bid item quantities and Engineer’s estimate of probable construction costs, as required by individual work assignments. 12.6. Prepare a construction schedule including as a minimum anticipated sequence and duration of construction operations. 12.7. 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. Request for Qualifications – Exhibit A Page 5 of 8 FCD 2020C011 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 12.8. Prepare a Construction Quality Assurance Plan in complete and final detail as may be required by individual work assignments. 12.9. Prepare a new and complete O&M Plan consistent with applicable USACE, ADWR, and DISTRICT criteria. The O&M plan may also include operational guidelines for gated outlets and criteria for maintenance of landscaping, vegetation, and wildlife corridors. 12.10. Evaluate need for additional rights-of-way and easement requirements 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. 12.11. Perform Independent Technical Reviews (ITR). The ITR for each work assignment shall be accomplished by an independent team with a minimum of five years of 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. 13. Permitting 13.1. Identify requirements for permits or licenses from other agencies. 13.2. Develop permit applications that can be finalized and submitted by the DISTRICT. 14. Outside Agency Coordination 14.1. ADWR Coordination 14.1.1. As applicable to individual work assignments, Prepare an ADWR “Application for Approval of the Plans and Specifications for Repair of a Dam”, including all supporting reports and documents for construction. 14.1.2. Prepare an ADWR “Checklist of Items Required for a Complete Application”. 14.1.3. 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. 14.2. NRCS/USACE Coordination 14.2.1. Participation in meetings with NRCS or USACE; 14.2.2. Providing written response to written comments and questions. 15. Environmental Services 15.1. Laboratory testing of sampled materials. Laboratory testing shall be in compliance with applicable state and federal standards. 15.2. Design of any required remediation plans and specifications for any environmental issues. 15.3. Preparation of document required for any 404 Permits or other environmental regulatory permits. 15.4. Monitoring of any environmental remediation projects. 15.5. Technical evaluation of test results, including preparation of written reports describing Request for Qualifications – Exhibit A Page 6 of 8 FCD 2020C011 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB methods, results, and recommendations for further action. This work will be prepared by or under the direct supervision of an Arizona registered civil engineer. 16. Engineering Services During Construction 16.1. Perform as Engineer of Record (EOR) during construction, including site visits, inspections, submittal review, review of requests for information, and revising Construction Documents as necessary. 16.2. Provide Quality Assurance during construction through Engineer or Engineer’s Representative inspections of the work and supervision of Quality Assurance testing. 16.3. Provide field and laboratory Quality Assurance technician and testing services for construction materials. Laboratory and field testing shall be performed in strict compliance with applicable standards. 17. Other Project Tasks The following activities may be required in this contract as identified by need and priority during the contract period: 17.1. Hydrologic and hydraulic studies. 17.2. Detailed engineering analyses related to dam safety. 17.3. 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. 17.4. Inspection of outlets, video documentation of outlet conditions and activities related to outlet inspections. 17.5. Sampling and laboratory testing for asbestos. 17.6. Performance of environmental studies and preparation of documentation as needed to secure environmental permits for dam safety repairs and/or modifications. 17.7. Technical literature research related to dam safety issues and technology. 17.8. Topographic mapping and related design data collection. 17.9. Field Surveys. 17.10. Detailed feasibility level planning studies. 17.11. Detailed project partnering activities involving project coordination and implementation with project participants. 17.12. Coordination with other CONSULTANT’s performing work for the DISTRICT under other contracts. 17.13. Pre-Design and Final Design engineering services for dam safety modifications or dam safety related work. 17.14. 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. Request for Qualifications – Exhibit A Page 7 of 8 FCD 2020C011 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB 18. Additional Terms and Conditions 18.1. 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. 18.2. 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 report unless otherwise directed by the DISTRICT. 18.3. 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. 18.4. The CONSULTANT’s laboratory shall be certified to state or national standards as specified in each task assignment. Request for Qualifications – Exhibit A Page 8 of 8 FCD 2020C011 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B FEE SCHEDULE CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B – FEE SCHEDULE CONTRACT FCD 2020C011- Dam Safety On-Call Engineering The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a Fee Schedule. PRIME CONSULTANT COMPANY NAME: Geosyntec Consultants DATE: 12/15/2020 PROFESSIONAL STAFF DIRECT LABOR HOURLY RATE (NOT TO EXCEED) Senior Principal $94.29 Principal $69.43 Senior Engineer $58.91 Project Professional $47.57 Professional $41.38 Senior Staff Professional $36.01 Staff Professional $31.68 FIELD STAFF Construction Manager I $50.48 Senior Technician II $33.71 Senior Technician I $28.50 Technician II $20.25 Technician I $28.00 CADD/GIS/ADMINISTRATIVE STAFF Designer $41.15 Senior Drafter/Senior CADD Operator $33.91 Project Administrator $32.80 Clerical $29.29 AERIAL MAPPING RTK-GNSS (hardware) $585/day PPK-DRONE (hardware) $515/day Photogrammetry Processing Software Pix4D (for online viewing option) $500/month Pix4D (no cloud option) $350/month Pix4D to Civil 3D Post Processing $195/month 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. Photo Copies (per page) $.09 Color Copies (per page) $.09 Specialized Computer Applications (per hour) $15 Mileage $ GSA Rate DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB SUBCONSULTANT – Subconsultants must also submit a Fee Schedule for approval RJH, Gannett Fleming, Ninyo & Moore, Consor Engineers, Logan Simpson, Cooper Aerial OVERHEAD: 207% PROFIT: 10% Contract FCD 2020C011 Page 2 of 2 Fee Schedule – Exhibit B DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B – FEE SCHEDULE CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING 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: CONSOR ENGINEERS, LLC DATE: 01/04/2021 PROFESSIONAL DIRECT LABOR HOURLY RATE (NOT TO EXCEED) FMEA/Risk Assessment Facilitator $ 119.00 Senior Engineer $ 67.18 Project Engineer $ 53.00 Staff Engineer $ 42.07 Project Administrator $ 29.22 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. Printing – 8.5 x 11 $ 0.05 per page Printing – 11 x 17 $ 0.10 per page Printing – 24 x 36 $ 6.50 per sheet Postage $ at cost Courier/delivery $ at cost Mileage $ at GSA Rate Meeting Supplies* $ at cost * Meeting Supplies may include, but not be limited to: chart paper, pens, markers, and other supplies in support of risk assessment workshops. OVERHEAD: 158.65 % PROFIT: 10 % Contract FCD 2020C011 Exhibit B – Fee Schedule Page 2 of 2 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B – FEE SCHEDULE CONTRACT FCD 2020C011 Dam Safety On-Call Engineering 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: ____COOPER AERIAL SURVEYS CO. _______ DATE: 12.3.20 PROFESSIONAL DIRECT LABOR HOURLY RATE (NOT TO EXCEED) Principal $50.63 Project Manager $39.46 Photogrammetric Manager $29.41 Photogrammetric Specialist $23.82 Cartographic Manager $21.96 Cartographic Specialist $16.75 Information System Manager – GIS/HIS/MIS $39.46 Technical Image Manager $39.46 Technical image Specialist $24.20 Technical Image Analyst $21.22 Technician/Drafter $29.78 Computer Technician $15.26 Secretary/Clerical $18.24 SURVEY/MAPPING • The survey crew rates include, GPS equipment owned by the consultant. If equipment will be leased, identify the cost as a direct expense. Registered Land Surveyor $52.12 Survey Manager $31.64 Survey Crew (2 man/GPS) $35.36 Survey Crew (3 man/GPS) $42.81 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. Contact Prints $8 each Scanning $40 each Paper Plots $38 Each Mileage $ GSA Rate OVERHEAD: 144% PROFIT: 10% Contract FCD 2020C011 Exhibit B – Fee Schedule Page 2 of 2 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B – FEE SCHEDULE CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING 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: _____GANNETT FLEMING_____________ DATE: 1/14/20 PROFESSIONAL DIRECT LABOR HOURLY RATE (NOT TO EXCEED) Principal $ 88.70 Project Manager $ 65.20 Senior Engineer - 1 $ 73.80 Senior Engineer - 2 $ 68.20 Project Engineer $ 55.50 Design Engineer $ 41.30 Technical Advisor - Senior $ 200.00 Technical Advisor $160.00 Technician/Drafter $ 41.00 Secretary/Clerical $ 23.20 Note: Overhead will not be applied to “Technical Advisor” or “Technical Advisor – Senior”, only Profit. 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. Photo Copies $ 0.09 Color Copies $ 0.09 Mileage $ GSA Rate OVERHEAD: 155.43% PROFIT: 10% Contract FCD 2020C011 Exhibit B – Fee Schedule Page 2 of 2 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B – FEE SCHEDULE CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING 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: LOGAN SIMPSON DESIGN INC. DATE: 12/02/2020 PROFESSIONAL DIRECT LABOR HOURLY RATE (NOT TO EXCEED) Principal Landscape Architect $74.00 Senior Landscape Architect, Sr. Associate $45.50 Landscape Architect $41.00 Senior Landscape Designer $45.00 Landscape Designer $32.00 Project Designer $28.50 GIS Analyst $33.50 GIS Technician $21.00 Principal Environmental Planner $71.04 Environmental Planner, Associate $32.00 Environmental Planner $24.00 Biologist, Associate $39.00 Biologist $28.00 Principal Archaeologist $55.00 Senior Archaeologist $40.60 Archaeologist $30.00 Project Archaeologist $23.00 SURVEY/MAPPING • The survey crew rates include, GPS equipment owned by the consultant. If equipment will be leased, identify the cost as a direct expense. N/A DIRECT AND OUTSIDE EXPENSES • With prior approval from the Flood Control District of Maricopa County, all additional direct and outside expenses will be reimbursed at cost. • Mileage connected with project, per diem rate. Reimbursement shall start from the home office or residential home, whichever is the shortest distance. Mileage At Current Federal Rate OVERHEAD: 151.52% PROFIT: 10% Contract FCD 2020C011 Exhibit B – Fee Schedule Page 2 of 2 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B – FEE SCHEDULE CONTRACT FCD 2020C011 DAM SAFETY ON-CALL ENGINEERING 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: NINYO & MOORE DATE:11/19/2020 PROFESSIONAL DIRECT LABOR HOURLY RATE (NOT TO EXCEED) Principal Engineer/Geologist/Environmental Scientist $58.77 Senior Engineer/Geologist/Environmental Scientist $45.10 Senior Project Engineer/Geologist/Environmental Scientist $35.58 Project Engineer/Geologist/Environmental Scientist $31.41 Senior Staff Engineer/Geologist/Environmental Scientist $31.25 Staff Engineer/Geologist/Environmental Scientist $22.88 Technical Illustrator/CAD Operator $18.67 Data Processing, Technical Editing, or Reproduction $17.25 Deputy Inspector $26.56 Senior Field/Laboratory Technician $21.19 Field/Laboratory Technician $14.25 DIRECT AND OUTSIDE EXPENSES • With prior approval from the Flood Control District of Maricopa County, all additional direct and outside expenses will be reimbursed at cost. • Mileage connected with project, per diem rate. Reimbursement shall start from the home office or residential home, whichever is the shortest distance. B&W Photo Copies (8 ½ x 11) $0.10 / page B&W Photo Copies (11 x 17) $0.30 / page Color Copies (8 ½ x 11) $.75 / page Color Copies (11 x 17) $1.50 / page B&W Plotting (bond) $.75 / sq. ft. Line Color Plotting (bond) $1.50 / sq. ft. Full Color Plotting (premium bond or photo grade paper) $5.00 / sq. ft. Mounting (3/16” Gator Board) $5.00 / sq. ft. Hollow-Stem, Truck-Mounted Drill Rig $300 / hour Rubber-tired, Back-hoe $150 / hour Mileage $ GSA Rate OVERHEAD: 137% PROFIT: 10% Contract FCD 2020C011 Exhibit B – Fee Schedule Page 2 of 4 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B Equipment Usage A. Nuclear Density Equipment, one day minimum ....................................................................................... $65/day B. Concrete Core Drill and Bit Usage (excluding electric generator if required), per inch of diameter times inch of depth.......................................................................................... $3/inch/inch C. On Site Trailer .............................................................................................................................................. $1,000/week D. Rental of other equipment, direct cost E. Subcontracted Services, direct cost Asphalt Concrete Testing A. Abson Recovery, Asphalt Content (ASTM D1856 & D2172, AASHTO T170 & T164) .................................$Quote B. Bulk Specific Gravity of Bituminous Mixtures, SSD (ASTM D2726, AASHTO T166) ............................... $20/each C. Bulk Specific Gravity Using Paraffin-Coated Specimens (ASTM D1188, AASHTO T275) ........................ $40/each D. Coating and Stripping of Bituminous Mixtures (ASTM D1664, CTM 302, AASHTO T182) ........................... Quote E. Effect of Water on Cohesion of Bituminous Mixtures, IMC (ASTM D1075, AASHTO T165) ......................... Quote F. Extraction and Gradation of Bituminous Materials (ASTM D2172, AASHTO T164) ................................. $175/each G. Gyratory Compaction (AASHTO TP4) (set of two) ............................................................................................. Quote H. Ignition Only (ARIZ 427, AASHTO TP53) .......................................................................................................... Quote I. Ignition Oven Calibration (ARIZ Method) ............................................................................................................ Quote J. Ignition-Gradation (ASTM, AASHTO, ADOT) ................................................................................................... Quote K. Marshall Test - 6 Inch Specimens, Stability, Flow, Bulk Density (Set of 3) ................................................. $190/each L. Marshall Test - Stability, Flow, Bulk Density (Set of 3) (ASTM D1559, AASHTO T245) ......................... $100/each M. Rotovapor Recovery of Asphalt, Asphalt Content (ASTM D5404 & D2172) ..................................................... Quote N. Tensile Strength Ratio, Root-Tunnicliff Method (ASTM D4867, AASHTO T283) ........................................... Quote O. Theoretical Maximum Specific Gravity, Rice Test (ASTM D2041, AASHTO T209) ................................. $100/each Portland Cement Concrete A. Compressive Strength - Concrete Cores (ASTM C42, AASHTO T24) .......................................................... $45/each B. Compressive Strength - Concrete Cylinders (ASTM C39, AASHTO T22) .................................................... $20/each C. Compressive Strength - Concrete Masonry Units (ASTM C140) .................................................................... $50/each D. Compressive Strength - Grout Prisms (UBC 21-17) ............................................................................................. Quote E. Compressive Strength - Masonry Prisms (ASTM E447, UBC 24-26) (2Blocks) ........................................... $20/each F. Compressive Strength - Mortar Cylinders (ASTM C109, AASHTO T106) ........................................................ Quote G. Grout or Mortar Mix Design .................................................................................................................................. Quote H. Shotcrete Panel Testing, 3 Cores (ASTM C1140) .......................................................................................... $190/each I. Portland Cement Concrete Mix Design ................................................................................................................. Quote Contract FCD 2020C011 Exhibit B – Fee Schedule Page 3 of 4 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB Aggregate/Soils Testing A. Aggregate Durability Index, Coarse (ASTM D3744, AASHTO T210) ........................................................ $140/each B. Aggregate Durability Index, Fine (ASTM D3744, AASHTO T210) ............................................................ $140/each C. Aggregate Durability Index, Intermediate (ASTM D3744, AASHTO T210) ............................................... $140/each D. California Bearing Ratio (CBR) with Modified Proctor (ASTM D1883, AASHTO T193) ......................... $475/each E. California Bearing Ratio (CBR) with Standard Proctor (ASTM D1883, AASHTO T193) .......................... $475/each F. California Bearing Ratio (CBR), 1 Point with Proctor (ASTM D1883, AASHTO T193) ............................ $475/each G. Clay Lumps and Friable Particles (ASTM C142, AASHTO T112) ................................................................ $95/each H. Collapse Potential of Soils (ASTM D5333) .................................................................................................... $125/each I. Consolidation (ASTM D2435, AASHTO T216) ............................................................................................ $300/each J. Direct Shear (ASTM D3080) .......................................................................................................................... $300/each K. Flat and Elongated Particles (ASTM D4791) ........................................................................................................ Quote L. Fractured Faces (FLH507, ARIZ 212) ............................................................................................................ $120/each M. Hydrometer Analysis, Assumed Specific Gravity (ASTM D442, AASHTO T88) ....................................... $140/each N. L.A. Abrasion of Coarse Aggregate (ASTM C131, AASHTO T96) ............................................................. $165/each O. Natural Soil Moisture Content (ASTM D2216, AASHTO T265) ................................................................... $20/each P. Percent Carbonates in Aggregate (ARIZ 238) ....................................................................................................... Quote Q. pH and Minimum Resistivity of Soils and Aggregates (ARIZ 236) .............................................................. $100/each R. Plasticity Index (ASTM D4318, AASHTO T89/90) ............................................................................................. Quote S. Plasticity Index (Wet Prep) (ASTM D4318, AASHTO T89/90) ..................................................................... $90/each T. Proctor-Modified (ASTM D1557, AASHTO T180) ...................................................................................... $125/each U. Proctor-Standard (ASTM D698, AASHTO T99, ARIZ 225/226) ................................................................. $125/each V. R-Value (ASTM D2844, AASHTO T190, CAL 301) ................................................................................... $250/each W. Sand Equivalent (ASTM D2419, AASHTO T176) .......................................................................................... $85/each X. Sieve Analysis, Coarse (ASTM C136, AASHTO T27, ARIZ 201) ................................................................. $75/each Y. Sieve Analysis, Coarse and Fine, Washed (ASTM C136, AASHTO T27, ARIZ 201) ................................ $100/each Z. Sieve Analysis, Fine, Washed (ASTM C136, AASHTO T27, ARIZ 201) ..................................................... $50/each AA. Soil Unit Weight (Undisturbed Sample) with Moisture Content (ASTM C29, AASHTO T19) .................... $50/each BB. Soundness of Aggregate by Use of Sodium Sulfate (ASTM C88, AASHTO T104) .................................... $240/each CC. Specific Gravity and Absorption of Coarse Aggregate (ASTM C127, AASHTO T85) ................................. $80/each DD. Specific Gravity and Absorption of Fine Aggregate (ASTM C128, AASHTO T84, ARIZ 211)................... $80/each EE. Swell/Settlement (ASTM D4546) ................................................................................................................... $100/each FF. Uncompacted Void Content (ARIZ 247, & FHWA & AASHTO) ....................................................................... Quote GG. Unit Weight and Voids in Aggregate (ASTM C29, AASHTO T19) .............................................................. $50/each HH. Triaxial Shear, U.U., D 2850, per point..................................................................................................... $130/test II. Triaxial Shear, C.U., w/ pore press D4767, T297 per point ............................................................................. $255/test JJ. Triaxial Shear, C.U., w/o pore press, D 4767, T297 per point ......................................................................... $185/test KK. Triaxial Shear, C.D., D 4767, T 297 per point .................................................................................................. $375/test LL. Minimum Index Density (ASTM 4254) ......................................................................................................... $250/each MM.Maximum Index Density* (ASTM 7382)..............................................................................................$1000/each *For this test, mold a total of 7 samples at these moisture contents 0, 2, 4, 6, 8, 10, 12 and then plot the results as dry density verse moisture content NN. Graded Filter Sand Unconfined Compressive Strength ................................................................................. $500/each OO. Vaughn & Soars Test ..................................................................................................................................... $500/each Contract FCD 2020C011 Exhibit B – Fee Schedule Page 4 of 4 DocuSign Envelope ID: F107BF9E-E367-4AB2-94D4-424E810CBCBB EXHIBIT B – FEE SCHEDULE CONTRACT FCD 2020C011 Dam Safety On-Call Engineering The following is a format for the fee schedule. Please add more applicable job classifications, direct expenses, or subconsultant costs as required by the Scope of Work. All subconsultants must submit a Fee Schedule. SUBCONSULTANT COMPANY NAME: RJH Consultants, Inc. DATE: 1/12/2021 PROFESSIONAL DIRECT LABOR HOURLY RATE BASE YEAR Principal $98.00 Senior Professional/Project Manager $76.67 Project Engineer $56.55 Senior Staff Engineer $45.09 Junior Staff Engineer $37.07 CAD $43.06 Word Processor/Admin $30.12 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. OVERHEAD: 169.22% PROFIT: 10% Contract FCD 2020C011 Exhibit B – Fee Schedule Page 2 of 2