TY LIN INTERNATIONAI INC - CONTRACT 2017-035.PDF
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Federal
CONSULTANT SERVICES CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
T.Y. LIN INTERNATIONAL, INC.
FOR
NORTHERN PARKWAY: EL MIRAGE ROAD OVERPASS FINAL DESIGN
CONTRACT NO. 2017-035
PROJECT No. TT0499
TRACS NO. 10153 03D
FEDERAL AID NO. STBGP MMA-0(275)
C-64-
CONSULTANT SERVICES
CONTRACT NO. 2017-035
TABLE OF CONTENTS
SECTION I SERVICES OF CONSULTANT 5
SECTION II PERIOD OF SERVICE 5
SECTION III PAYMENTS TO THE CONSULTANT 6
SECTION IV PROMT PAY LEGISLATION 6
SECTION V DISPUTE ESCALATION 7
SECTION VI ARBITRATION 8
SECTION VII COUNTY'S RESPONSIBILITIES 8
SECTION VIII ALTERATION IN SCOPE OF WORK 9
SECTION IX RECORDS RETENTION, MAINTENANCE AND AUDIT 9
SECTION X PROJECT COMPLETION 10
SECTION XI SUSPENSION OF WORK 10
SECTION XII TERMINATION 10
SECTION XIII OWNERSHIP OF DATA 10
SECTION XIV COMPLIANCE WITH LAWS 11
SECTION XV GENERAL CONSIDERATIONS 12
SECTION XVI SUCCESSORS AND ASSIGNS 14
SECTION XVII NO KICK-BACK CERTIFICATION 14
SECTION XVIII ANTI-DISCRIMINATION PROVISION 14
SECTION XIX INDEMNIFICATION 14
SECTION XX ANTI-TRUST VIOLATIONS 15
Contract No. 2017-035 Page 2
SECTION XXI PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION 15
SECTION XXII IMPROPER EXERCISE OF AUTHORITY 15
SECTION XXIII CONFLICTS OF INTEREST 15
SECTION XXIV CONSULTANT/CONTRACTOR CONFLICTS OF INTEREST 15
SECTION XXV ORGANIZATION EMPLOYMENT DISCLAIMER 16
SECTION )0(VI FEDERAL DEBARMENT AND SUSPENSION 16
SECTION )0(VII SUBCONTRACTS 17
SECTION XXVIII CONTINUING OBLIGATION 17
SECTION XXIX NAME CHANGE, MERGER, ACQUISITION, CONSOLIDATION AND/OR
TRANSFER OF
OWNERSHIP 17
SECTION )0(IX ANTI-LOBBYING 19
SECTION XXX FINAL/INCURRED COST AUDIT 19
SECTION MI REVIEW AND INSPECTIONS 20
SECTION XXXII PROPERTY OR EQUIPMENT 20
SECTION X)0(III NONDISCRIMINATION 20
SECTION XXXIV AFFIRMATIVE ACTION (FOR FEDERAL-AID CONTRACTS) 22
SECTION )(XXV PROFESSIONAL SERVICES DBE PROVISIONS 23
SECTION )00(VI ENVIRONMENTAL PROTECTION 44
SECTION XXXVII ENERGY CONSERVATION 44
SECTION )00(VIII PATENTS AND COPYRIGHTS 44
SECTION XXXIX FRAUD AND FALSE STATEMENTS 44
SECTION XL FEDERAL IMMIGRATION AND NATIONALITY ACT 45
SECTION XLI PANDEMIC CONTRACTUAL PERFORMANCE 47
Contract No. 2017-035 Page 3
SECTION XLII PERFORMANCE EVALUATIONS 47
SECTION XLIII CONTRACT COMPLETION 48
SECTION XLIV INFLUENCE 48
SECTION XLV INSURANCE REQUIREMENTS 48
SECTION XLVI TITLE VI 50
SIGNATURE PAGE 52
ATTACHMENT 1 - CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS
PROMPT PAY AND PAYMENT REPORTING PROVISIONS
ATTACHMENT 2- APPENDIX C — PART 26 PARTICIPATION BY DBE IN DEPARTMENT OF
TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS (WITH PART 26 APPENDIX A —
GUIDANCE CONCERNING GOOD FAITH EFFORTS)
ATTACHMENT 3- APPENDIX 0— CONSULTANT EVALUATION PROGRAM GUIDELINES
ATTACHMENT 4- TITLE VI ASSURANCES
ATTACHMENT 5- DBE CONSULTANT INTENDED PARTICIPATION AFFIDAVIT
ATTACHMENT 6- DBE SUBCONSULTANT INTENDED PARTICIPATION AFFIDAVIT
ATTACHMENT 7- CONSULTANT CERTIFICATION OF GOOD FAITH EFFORTS
ATTACHMENT 8— CERTIFICATE OF PAYMENTS TO DBE FIRMS
ATTACHMENT 9— CERTIFICATE OF PERFORMANCE
ATTACHMENT 10— CERTIFICATE OF INSURANCE
ATTACHMENT 11 — SBE PROGRAM PARTICIPATION REPORTING FORM
EXHIBIT A— SCOPE OF WORK
EXHIBIT B — CONSULTANT'S FEE SCHEDULE
Contract No. 2017-035 Page 4
CONSULTANT SERVICES
CONTRACT NO. 2017-035
Pursuant to the provisions of the Arizona Revised Statutes § 11-201 the Maricopa County Board of
Supervisors has the authority to enter into contracts.
The Maricopa County Department of Transportation, hereinafter called the "COUNTY", is desirous
of having certain professional services performed in connection with Contract No. 2017-035,
Northern Parkway: El Mirage Road Overpass Final Design, hereinafter called the "Project",
and as more fully described in Exhibit A, Scope of Work, and in accordance with Exhibit B, Fee
Proposal, attached; and T.Y. Lin International, Inc., hereinafter called "CONSULTANT", with its
principal offices located at 60 East Rio Salado Parkway, Suite 501, Tempe, Arizona 85281.
Telephone No. (480) 968-8814, subject to the following terms and conditions:
THEREFORE, the parties hereto mutually agree as follows:
SECTION I—SERVICES OF THE CONSULTANT
The CONSULTANT, under the general supervision of the COUNTY, Transportation Systems
Management Division, Manager, shall prepare studies, reports, surveys, plans, drawings,
specifications, and cost estimates as are necessary for the Project according to the directions and
designated standards of the COUNTY, and in accordance with Exhibit A, Scope of Work. It is
understood and agreed that the COUNTY authorized representative shall be the COUNTY
Transportation Systems Management Division, Manager or his duly authorized representative,
hereinafter called the "Agent". For purposes of this contract, the Agent's duly authorized
representative shall be the Project Manager and he/she shall be the sole contact for administering
this contract.
The CONSULTANT shall meet periodically with the Agent so as to keep the COUNTY informed of
the progress of the work in accordance with the schedule defined in Exhibit A, Scope of Work.
The CONSULTANT shall promptly advise the Agent of any factors which develop during the
Project that would likely result in construction or design costs in excess of budgetary constraints.
SECTION II—PERIOD OF SERVICE
The CONSULTANT shall complete all work for Northern Parkway: El Mirage Road Overpass
Final Design in accordance with the time requirements provided in Exhibit A, Scope of Work,
within ONE THOUSAND THREE HUNDRED (1300) CALENDAR DAYS after receipt of the Notice
to Proceed. Should extension of this contract period be necessary, and any such extension(s)
continue the date of contract performance for a time period of more than one (1) year from the
original date of contract expiration, adjustment(s) of the CONSULTANT's fee(s) may, upon
agreement by both the COUNTY and the CONSULTANT, be made in accordance with the
Consumer Price Index for Urban Consumers, Western Division, published by the U.S. Department
Contract No. 2017-035 Page 5
of Labor, Bureau of Labor Statistics, using the published edition coinciding with the initial contract
expiration date. Any such fee adjustment shall only apply to the extended contract time period.
SECTION III—PAYMENTS TO THE CONSULTANT
The CONSULTANT shall be paid for work under this contract in accordance with the Scope of
Work a Cost Plus Fixed Fee Not to Exceed (CPFF-NTE amount of ONE MILLION TWO
HUNDRED TWENTY SEVEN THOUSAND SIX HUNDRED TWENTY ONE DOLLARS AND NO
CENTS ($1,227,621.00), plus any adjustments that have been approved in writing in accordance
with the Maricopa County Procurement Code. However, the COUNTY does not guarantee either a
minimum or maximum fee under this contract, and CONSULTANT, in accepting this contract, does
not expect the payment of either a minimum or maximum fee. For not-to-exceed contract
payments will be made for the actual hours worked and actual expenses incurred as provided in
Exhibit B, Consultant's Fee Schedule.
The final invoice shall be paid to the CONSULTANT, as applicable, within forty-five (45) calendar
days after:
A. final completion of all work per Exhibit A, Scope of Work,
B. acceptance of the work by the COUNTY,
C. final completion of all work per Exhibit A, Scope of Work,
D. acceptance of the work by the COUNTY,
E. the COUNTY's receipt of the fully executed "Certificate of Performance" form.
SECTION IV - PROMPT PAY LEGISLATION (A.R.S. §34-221)
If satisfactory progress is being made, the contractor will receive a payment based on the amount
of work completed. Progress payments may be made bythe LPA/ Subrecipient Procurement Office
to the contractor on the basis of an approved estimate of the work performed during a preceding
period of time. The progress payments shall be paid on or before 14 days after the estimate of the
work is approved. The estimate of the work shall be deemed received by the LPA/Subrecipient
Procurement Office on submission to the person designated by the LPA/Subrecipient Procurement
Office for the submission, review or approval of the estimate of the work. The LPA/Subreciplent
Procurement Office by mutual agreement may make progress payments on contracts of less than
90 days and shall make monthly progress payments on all other contracts. Payment to the
contractor on the basis of a duly certified and approved estimate of the work performed during the
preceding calendar month under the contract may include payment for material and equipment.
An estimate of the work submitted shall be deemed approved and certified for payment after seven
days from the date of submission unless before that time the LPA/Subrecipient Procurement Office
or Designee prepares and issues a specific written finding setting forth those items in detail in the
estimate of the work that are not approved for payment under the contract. The contractor shall
Contract No. 2017-035 Page 6
work with the LPA/Subrecipient or the LPNSubrecipient Designee to finalize monthly estimate. The
progress payments shall be paid on or before 14 days after the estimate of the work is certified and
approved in accordance with Arizona Revised Statutes Section 34-221.
The contractor shall pay to the contractor's subcontractors or material suppliers and each
subcontractor shall pay to the subcontractor's subcontractor or material supplier, within seven days
of receipt of each progress payment the respectiveamounts allowed the contractor or subcontractor
on account of the work performed bythe subcontractors, to the extent of each subcontractor's
interest, except that no contract for construction services may materially alter the rights of any
contractor, subcontractor ormaterial supplier to receive prompt and timely payment.
A subcontractor may notify the LPA/Subrecipient Procurement Office in writing requesting that the
subcontractor be notified by the Subrecipient Procurement Office in writing within five days from
payment of each progress payment made to the contractor.lf unsatisfactory progress has not been
made on the project, MCDOT may, at its sole option, refuse to make progress payment(s) of such
sums, which MCDOT considers necessary. This provision shall not limit MCDOT's rights to
terminate the Contract for default.
The CONSULTANT shall not withhold the Subconsultant's payment if MCDOT has paid the full
value of services rendered. Failure by the CONSULTANT to invoice MCDOT in accordance with
the terms of this Contract and/or pay its Subconsultants in accordance with the Arizona Prompt
Pay Law is a material breach of this Contract. MCDOT reserves the right to request that
Consultant provides proof of payment to its Subconsultants.
The CONSULTANT shall be found to be in breach of this Contract if it executes subcontract
agreements with Subconsultants, DBE and non-DBE, which materially change the Prompt Pay
requirement. This action may result in termination of the Contract, or any other such remedy
as deemed appropriate by MCDOT.
SECTION V - DISPUTE ESCALATION
The following dispute escalation levels shall be utilized to resolve disputes during the course of this
Contract. The following dispute escalation levels shall be utilized in the event the MCDOT PM,
CONSULTANT PM or Contracts Specialist are unable to agree on the scope, level of effort, cost or
any other issues related to this Contract. It is the intent of the COUNTY to resolve disputes at the
lowest level possible. If agreement cannot be reached at that level, then the matter is escalated to
the next higher level of management. Failure to agree at any level constitutes escalation to the next
level.
Failure by the CONSULTANT to utilize the escalation process shall constitute a waiver of any
claims for additional compensation or any other relief.
The following table depicts the dispute resolution escalation levels for Contract issues:
Contract No. 2017-035 Page 7
Level MCDOT CONSULTANT PROCUREMENT
1 Project Manager Project Manager Contract Services
Finance Services Division
2 Division Manager Project Principal Manager
Project Manager Project Manager Contract Services
County Engineer
3 Division Manager Project Principal Chief Procurement Officer
Project Manager
The decision of the Chief Procurement Officer is final.
SECTION VI- ARBITRATION
The parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve
disputes arising out of this agreement where the sole relief sought is monetary damages of
$500,000 or less, exclusive of interest and costs.
The arbitration shall be submitted under the relevant rules of the American Arbitration Association
(AAA) in effect as of the date of the demand for arbitration, The matter disputed shall be
submitted to an arbitrator mutually selected by MCDOT and the CONSULTANT.
SECTION VII—THE COUNTY's RESPONSIBILITIES
The COUNTY will furnish the CONSULTANT, at no cost to the CONSULTANT, the following
information or services for this Project:
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the
Project. 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 COUNTY does not warrant the accuracy or comprehensiveness of
any such information.
B. All available information and data relative to policies, standards, criteria, and studies, etc.
impacting the Project as identified by the CONSULTANT.
C. Available staff for consultation with the CONSULTANT during the performance of studies and
plan development in order to identify the problems, needs, and other functional aspects of the
Project.
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 COUNTY will keep the CONSULTANT advised concerning the progress of
the COUNTY's review of work
Contract No. 2017-035 Page 8
SECTION Vill—ALTERATION IN SCOPE OF WORK
This contract may be amended by mutual agreement of the COUNTY and the CONSULTANT.
Any alteration in the Scope of Work that will result in a substantial change in the nature of the
Project so as to materially increase or decrease the contract fee will require negotiation of an
amendment to the contract to be executed by the COUNTY and the CONSULTANT. No work shall
commence on the change until the contract amendment has been approved by the COUNTY and
the Agent has notified the CONSULTANT to proceed. It is distinctly understood and agreed that
no claim for extra work performed or materials furnished by the CONSULTANT will be allowed by
the COUNTY 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
COUNTY 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. The CONSULTANT hereby agrees to make no
claim for such work or materials furnished without such written authorization.
SECTION IX—RECORDS, RETENTION, MAINTNANCE AND AUDIT
A. Pursuant to A.R.S. §35-214, the CONSULTANT and its Subconsultant(s) shall keep and
maintain all books, papers, records, accounting records, files, accounts, expenditure
records, reports, cost proposals with backup data and all other such materials related to the
Contract and other related project(s). The CONSULTANT shall make all such materials
related to the project(s) available at any reasonable time and place during the term of the
Contract and for five (5) years from the date the Initial Closeout Letter is sent to the
CONSULTANT after MCDOT indicates that work on the Contract has been completed to
the satisfaction of MCDOT (Contract Status Form). All Documents shall be retained for
auditing, inspection and copying upon the COUNTY's or at FHWA's request, or any other
authorized representative of the Federal Government.
B. Pursuant to A.R.S. §35-215, the CONSULTANT and its Subconsultant(s) with intent to
defraud, deceive, improperly influence, obstruct or impair an audit being conducted or
about to be conducted in relation to any Contract or subcontract with the COUNTY is guilty
of a Class 5 Felony.
C. In case of an audit and the CONSULTANT has failed to retain records in accordance with
the applicable Contract provision, it shall be presumed that the documents would not have
supported the CONSULTANT's position. Therefore, failure to retain such records shall
result in the CONSULTANT being required to reimburse MCDOT for unsupported costs.
The CONSULTANT may also be disqualified from submitting future SOQ proposals.
D. Upon completion and final closeout of the Contract, physical/paper or electronic
Contract files and any supporting materials shall be maintained in accordance with
MCDOT and State Record Retention Center Records Retention/Destruction Policy and
Schedules.
Contract No. 2017-035 Page 9
SECTION X—PROJECT COMPLETION
If, during the course of this contract, situations beyond the control and not the result of delay
attributable to CONSULTANT arise which prevent completion within the allotted time, the Agent
may grant an extension.
SECTION XI- SUSPENSION OF WORK
Work on this Contract may be suspended by written order at MCDOT's sole discretion. The
CONSULTANT is not entitled to any compensation when work is suspended.
SECTION Xll—TERMINATION
The COUNTY 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 provided to the COUNTY.
The COUNTY reserves the rights to postpone, terminate, or abandon this contract for the
CONSULTANT's failure to complete the Project on time or failure to comply with the provisions of
the contract. The COUNTY also reserves the right to terminate any or all parts of this contract for
its own convenience as the COUNTY may determine at its sole discretion.
The COUNTY 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 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 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 Transportation Director is received by all of
the parties to the contract. In addition, 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 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 XIII—OWNERSHIP OF DATA
A. The CONSULTANT agrees to maintain (in sufficient detail as shall properly reflect all
work done and results achieved in the performance of this Contract) tracings, plans,
specifications and maps, basic survey notes and sketches, books, records, reports,
research notes, charts, graphs, comments, computations, analyses, recordings,
photographs, computer programs and documentation thereof, and other graphic or written
data generated in connection with the work required in the Contract; all such information
and documentation to be termed "Data" under this Contract.
Contract No. 2017-035 Page 10
B. All Data procured hereunder for the work funded by MCDOT shall become the property of
MCDOT and delivered to MCDOT upon request, and shall not be used or released by the
CONSULTANT or any other person except with the prior written approval by the COUNTY;
provided that the CONSULTANT shall not be required to retain any Data not requested by
MCDOT within five (5) years from the date of final payment to the Consultant hereunder;
and provided further that until such delivery to MCDOT, the CONSULTANT agrees to
permit MCDOT and FHWA representatives to examine and review at reasonable times all
Data still in the possession of the CONSULTANT.
C. All services, information, computer program elements, reports and other deliverables which
may be patented or copyrighted and created under this Contract are the property of the
COUNTY and shall not be used or released by the CONSULTANT or any other person
except with the prior written approval by the COUNTY.
SECTION XIV—COMPLIANCE WITH LAWS
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 1-9 requirements of the Immigration Reform and Control Act of 1986 for all
personnel that the CONSULTANT and any sub-consultants employ to complete any Project. It is
understood that the COUNTY 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.
(4) That nothing herein shall make any CONSULTANT or sub-consultant an agent or
employee of the contracting government entity.
Contract No. 2017-035 Page 11
Certification Regarding Debarment and Suspension:
(1) 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:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal Department or
agency;
(b) 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;
(c) 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
(d) 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.
(2) Should the CONSULTANT not be able to provide this certification, an explanation as to
why should be attached to the Contact,
(3) 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.
SECTION XV—GENERAL CONSIDERATIONS
A. The CONSULTANT shall furnish to the COUNTY for approval, the names of its key
employees, and of its sub-consultants and their key employees, to be used on this Project prior
to beginning the work under this contract. Any subsequent changes are subject to the written
approval of the COUNTY.
B. The CONSULTANT shall perform, with its own firm, work amounting to fifty percent (50%) or
more of the total amount of the contract value. Any deviation may be approved, in writing, at
the discretion of the Agent.
C. The failure of either party to enforce any of the provisions of this contract or to require
performance of the other party of any of the provisions hereof shall not be construed to be a
waiver of such provisions, nor shall it affect the validity of this contract or any part thereof, or
the right of either party to thereafter enforce each and every provision,
Contract No. 2017-035 Page 12
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 COUNTY as a result of
additional construction costs caused by such consultant errors or omissions.
E. The fact that the COUNTY 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 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 COUNTY
within that specific geographic area without the written authorization and approval of the
Transportation Director of the COUNTY,
H. 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 COUNTY during the term of this contract and
any extensions thereof without the written authorization and approval of the Transportation
Director of the COUNTY.
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 COUNTY in regard to the subject matter of this contract without the
written authorization and approval of the Transportation Director of the COUNTY.
J. It is understood that the COUNTY 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., FL, and I. 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 COUNTY of the right to seek relief under this provision constitute
a waiver of any other or further violation.
K. 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, Ill, Erosion Control.
L. Consultant hereby certifies that it is not currently engaged in, and will not for the duration of
this Agreement engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of
Contract No. 2017-035 Page 13
this certification by Consultant may result in action by County up to and including termination of
this Agreement.
SECTION XVI—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
COUNTY, 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 XVII—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 Board of Supervisors or any employee of the COUNTY
has any interest, financially or otherwise, in the CONSULTANT's firm.
For breach or violation of this warranty, the COUNTY shall have the right to annul this contract
without liability, or at its discretion, to deduct from the contract price or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
SECTION XVIII—ANTI-DISCRIMINATION PROVISION
The COUNTY will endeavor to ensure in every way possible that small business enterprises shall
have every opportunity to participate in providing professional services, purchased goods, and
contractual services to the COUNTY without being discriminated against on the grounds of race,
religion, gender, age, disability, or national origin.
A DBE Goal of 11,24% has been established for this contract. Prime consultants are encouraged
to obtain DBE participation above and beyond the goal on this contract. DBE goal attainment will
be monitored to help ensure that overall DBE goal is met on the contract. DBE availability is based
on the Arizona UCP directory, which can be searched by specialty and/or NAICS code at
http://www.azdbe.org
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 XIX—INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall defend, indemnify, and hold harmless
COUNTY, its agents, representatives, officers, directors, officials, and employees from and against
all claims, damages, losses and expenses, including reasonable attorney fees and court costs, but
only to the extent caused by the negligence, reckless or intentional wrongful conduct of the
CONSULTANT or others persons employed or used by the CONSULTANT in the performance of
Contract No. 2017-035 Page 14
the contract or subcontract, "Other persons employed or used" means a subconsultant to a
CONSULTANT or design professional in any tier, or any other person or entity who performs work
or design professional services, or provides labor, services, materials or equipment in connection
with the contract.
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 COUNTY.
SECTION XX - ANTI-TRUST VIOLATIONS
The CONSULTANT and the COUNTY recognize that in actual economic practice, overcharges
resulting from anti-trust violations are in fact borne by Purchaser or ultimate user which in this
case, the COUNTY. Therefore, the CONSULTANT, acting as a vendor, hereby assigns to the
COUNTY any and all claims for such overcharges.
SECTION XXI - PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION
The CONSULTANT shall comply with the "Rules of Professional Conduct" provision pursuant to
A.A.C. R4-30-301, which is incorporated herein by reference and hereby made a part of this
Contract
The CONSULTANT shall comply with the "Registration as an Architect, Assayer, Engineer,
Geologist, Landscape Architect, or Land Surveyor' provision pursuant to A.A.C. R4-30-201,
which is incorporated herein by reference and hereby made a part of this Contract.
SECTION XXII - IMPROPER EXERCISE OF AUTHORITY
It is further understood and agreed that the CONSULTANT shall not, in any way, exercise any
portion of the authority or powers of the COUNTY, and shall not make a contract or
commitment, or in any way represent itself as an agent of the COUNTY beyond the scope of
this Contract unless expressly authorized, in writing, by the COUNTY.
SECTION XXIII - CONFLICT OF INTEREST
The CONSULTANT shall not engage the services on this contract of any present or former
COUNTY employee who was involved as a decision maker in the selection or approval processes
or who negotiated and/or approved billings or contract modifications for this contract.
The CONSULTANT agrees that no public or private interest exists and none shall be acquired
directly or indirectly which would conflict in any manner with the performance of this contract.
SECTION XXIV - CONSULTANT/CONTRACTOR CONFLICT OF INTEREST
No contract for the construction of a project shall be awarded to the CONSULTANT that designed
the project, or its subsidiaries, affiliates, parent company or Sub consultants, except with the
written approval by the COUNTY.
Contract No. 2017-035 Page 15
The applicability of the above also applies to a Management and/or General CONSULTANT or any
of its subsidiaries, affiliates, parent company or Sub-Consultants that were involved in any aspect
of the design phase.
SECTION XXV - ORGANIZATION EMPLOYMENT DISCLAIMER
A. This Contract is not intended to constitute, create, give to, or otherwise recognize a joint
venture agreement or relationship, partnership, or formal business organization of any
kind, and the rights and obligations of the parties shall be only those expressly set forth
in this Contract.
B. The parties agree that no persons supplied by the CONSULTANT in the performance
of CONSULTANT obligations under the Contract are considered to be COUNTY
employees. The Consultant shall have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workmen's compensation, occupational disease
compensation, unemployment compensation, other employee benefits and all taxes and
premiums appurtenant thereto concerning such persons, and shall save and hold the
COUNTY harmless with respect thereto.
SECTION XXVI - FEDERAL DEBARMENT AND SUSPENSION
A. By signature on this Contract, the CONSULTANT certifies its compliance, and the
compliance of its Subconsultants or subcontractors, present or future, by stating that any
person associated therewith in the capacity of owner, partner, director, officer, principal
investor, project director, manager, auditor, or any position of authority involving
federal funds:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination
of ineligibility by any Federal Agency;
2. Does not have a proposed debarment pending;
3. Has not been suspended, debarred, voluntarily excluded or determined ineligible by
any Federal Agency within the past three (3) years; and
4. Has not been indicted, convicted, or had a civil judgment rendered against the
firm by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three (3) years as specified by Code of Federal
Regulations 49 CFR paragraph 29.305(a).
B. Where the CONSULTANT or its Subconsultant is unable to certify to the statement in
Section al. above, the CONSULTANT or its Subconsultant shall be declared ineligible to
enter into Contract or participate in the project.
C. Where the CONSULTANT or Subconsultant is unable to certify to any of the statements
as listed in Sections a.2., a.3., or a.4., above, the CONSULTANT or its Subconsultant
shall submit a written explanation to the COUNTY. The certification or explanation shall
be considered in connection with theCOUNTY's determination whether to enter into
Contract.
Contract No. 2017-035 Page 16
A. The CONSULTANT shall provide immediate written notice to the COUNTY if, at any time,
the CONSULTANT or its Subconsultant, learn that its Debarment and Suspension
certification has become erroneous by reason of changed circumstances.
SECTION XXVII - SUBCONTRACTS
The CONSULTANT agrees to execute a written contract with all Sub-consultants for work to be
completed under this contract. The executed contract shall include Sub-Consultant's Scope of
Work and all the Uniform Terms and Conditions set forth in this contract,
The CONSULTANT shall provide electronic copies of signed subcontract agreements with all Sub-
consultants to ADOT Business Engagement and Compliance Officer (BECO)) by uploading them
to the BECO online DBE Contract & Labor Compliance Management System
(httos://adot.dbesvstem.com). Subcontract agreements must include all required assurances and
required clauses as outlined in this contract. Each agreement and required attachment must be
dated and signed by the Sub-consultant in order for the subcontract to be considered valid.
The CONSULTANT shall be in breach of this contract if the CONSULTANT materially modifies the
federal regulations and State statutes in its subcontract agreements terms and conditions with its
Subconsultants. Deviations from the terms of this contract may result in termination of the
contract, or any other such remedy as deemed appropriate by the COUNTY.
SECTION XXVIII - CONTINUING OBLIGATION
The CONSULTANT agrees that if due to death or any other occurrence it becomes impossible
for any principal or employee of the CONSULTANT to render the services required under this
Contract, neither the CONSULTANT nor the surviving principals shall be relieved of any
obligation to render complete performance. However, in such event, the COUNTY may
terminate this Contract if it considers the death or incapacity of such principal or employee to
be a loss of such magnitude as to (1) affect the CONSULTANT's ability to satisfactorily
complete the performance of this Contract, or (2) materially affect the evaluation of the
CONSULTANT's qualifications.
SECTION XXIX - NAME CHANGE, MERGER, ACQUISITION, CONSOLIDATION AND/OR
TRANSFER OF OWNERSHIP
A. In cases where a firm changes its name, acquires, or merges with another company, the
firm under Contract with MCDOT shall notify MCDOT of name or ownership changes
within 10 business days from the date when the name or ownership change is legally
signed/approved before the new CONSULTANT begins any work on acquired firm's
contract(s). The CONSULTANT changing its name due to merger, acquisition,
consolidation and/or transfer of ownership shall be responsible for fulfilling all obligations,
liabilities, and contract terms/conditions for all MCDOT Contracts of the acquired firm.
The new/acquiring firm shall provide MCDOT with the required information to approve the
name change, including but not limited to the following:
1. A letter, on company letterhead, indicating the new name and reason for the change.
The letter shall also include:
Contract No. 2017-035 Page 17
i. Effective date of the change.
ii. List of active and pending closeout MCDOT Contracts affected by the change
with contract description. Indicate which contract(s) the firm served as a
CONSULTANT or Subconsultant.
A statement certifying that the new/acquiring CONSULTANT shall assume
all obligations and liabilities set forth in the respective contracts for all listed
contracts between the new/acquiring CONSULTANT and MCDOT,
iv. A statement certifying that no changes have been made in the Key Personnel
responsible for the affected contracts. If a Key Personnel change occurs resulting
from the merger, acquisition, consolidation and/or transfers of ownership, the
CONSULTANT shall submit a separate request to obtain MCDOT's approval for
the Key Personnel change.
2. A copy of Arizona Corporation Commission (ACC) or home-state equivalent
Corporation Commission approval documentation of the new/acquiring CONSULTANT
3, Updated professional license(s) of the new/acquiring CONSULTANT
4, Updated W-9 Form of the new/acquiring CONSULTANT
B. If the acquiring firm is approved by MCDOT to take over the merged or acquired Contracts,
the Contracts shall be modified to include the acquiring firm's name by a Contract
Modification. The CONSULTANT shall also re- prequalify with ECS under the new
entity/firm name.
C. If a Subconsultant listed in the Contract changes its name due to merger, acquisition,
consolidation and/or transfer of ownership, the Subconsultant shall notify the Consultant of
the name or ownership changes within 10 business days when the name or ownership
change is legally signed/approved before the new/acquiring Subconsultant begins any
work on the acquired Subconsultant contract(s). The CONSULTANT shall request
MCDOT's written approval within 10 calendar days from the Subconsultant notification.
The name-change request shall include, at a minimum, the following:
1. A letter, on company letterhead, indicating the new Subconsultant(s) name and
reason for the change. The letter shall also include:
i. Effective date of the change
ii. List of active and pending closeout MCDOT Contracts affected by the
change with contract description. Indicate which contract(s) the firm served as a
CONSULTANT or Subconsultant.
iii. A statement certifying that the new/acquiring Subconsultant shall continue to
provide quality work under the Contract
iv. A statement certifying that no changes have been made in the Key Personnel
responsible for the affected contracts. If a Key Personnel change occurs resulting
from the merger, acquisition, consolidation and/or transfers of ownership, the
Subconsultant shall submit a separate request through the CONSULTANT, to
obtain COUNTY's approval for the Key Personnel change,
Contract No. 2017-035 Page 18
2, A copy of the new/acquiring Subconsultant's ACC or home-state equivalent
Corporation Commission approval documentation related to the change,
SECTION XXIX—ANTI-LOBBYING
CONSULTANT agrees to comply with the provisions of Section 1352 of Title 31, U.S. Code (Public
Law 101.121) as codified in Title 48, Federal Acquisition Regulations Subpart 3.8 and Subpart 52.203-
11. The legislation prohibits federal funds from being expended by a recipient or any lower tier
subrecipients of a Federal contract, grant, loan, or cooperative agreement to pay any person for
influencing or attempting to influence a Federal agency or Congress in connection with the award of
any Federal contract, the making of any Federal grant or loan, or entering into any cooperative
agreement, including the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement. Disclosure statements shall be provided to the
COUNTY.
CONSULTANT agrees to require all lower tier sub-consultants who have agreements exceeding
$100,000 to complete the Certification of Federal Contracts (ECS Form 90-1) and, when appropriate,
the Disclosure of Lobbying Activities (ECS Form 90-3) prior to execution of the Prime Consultants
Agreement with the COUNTY. Lower tier certifications are to be maintained by CONSULTANT and
shall be retained by CONSULTANT for a period of three (3) years following the completion and
acceptance of the project.
SECTION XXX - FINAUINCURRED COST AUDIT
a Final/Incurred Cost Audit (ICA) of the CONSULTANT's costs may be performed
by MCDOT to determine the Contract costs' allowability, allocability, and
reasonableness in accordance with the terms of this Contract.
b. A CPA-prepared overhead schedule or a Cognizant Audit Report that meets
ADOT/AASHTO/FHWA guidelines is acceptable for establishing a given year's
overhead rate with the concurrence of Maricopa County Department of
Transportation (MCDOT),
C. Upon receipt of an ICA draft report, the CONSULTANT has 14 calendar
days to respond to the Incurred Cost Auditor with any disagreements,
questions, or request for additional supporting documentation. A time
extension may be allowed, if requested in writing within the 14-day
timeframe, by the appropriate parties. Disagreements related to the results of
the ICA draft report shall be addressed or resolved with the Incurred Cost
Auditor on or before the date of the formal Exit Conference with the
Incurred Cost Auditor and the CONSULTANT. Non-response to the draft
audit report after the 14-day timeframe and after the Exit Conference will be
deemed by MCDOT as the CONSULTANT's acceptance of the findings in the
draft report.
d. d. The appeal process for all Audit issues shall remain with MCDOT. The
following table depicts the escalation levels for Audit issues:
Contract No, 2017-035 Page 19
Level MCDOT CONSULTANT PROCUREMENT
1 Project Manager Project Manager Contract Services
Division Manager Project Principal Administrative Services
2 Project Manager Project Manager Division Manager
Contract Services
County Engineer
3 Division Manager Project Principal Chief Procurement Officer
Project Manager
The decision of the Chief Procurement Officer is final.
e. MCDOT or the CONSULTANT shall reimburse either party in accordance
with the ICA results. Failure of the CONSULTANT to reimburse MCDOT for
over-billed charges based on the results of the Pre-award Reviews or ICAs
shall result in disqualification of the CONSULTANT.
SECTION XXXI - REVIEWS AND INSPECTIONS
Representatives from the COUNTY and FHWA are authorized to review and inspect the
Contract activities and facilities during the CONSULTANT's and its Subconsultants normal
business hours.
SECTION XXXII - PROPERTY OR EQUIPMENT
Except as otherwise provided in this Contract, computer or other special equipment needed to
fulfill this Contract, shall be purchased through the MCDOT Procurement Group and considered
as MCDOT property. The control, utilization and disposition of property or equipment acquired
using Federal/State funds shall be determined in accordance with the property management
standards set forth in 49 CFR Part 18.
SECTION XXXIII - NONDISCRIMINATION
1. During the performance of this Contract, the CONSULTANT, for itself, its Subconsultants,
assignees and successors shall:
a. Not discriminate on the basis of race, color, national origin, or sex and
shall carry out applicable requirements of 49 CFR Part 26 in the performance
of this Contract. Failure by the CONSULTANT to carry out these requirements
is a material breach of this Contract, which may result in the termination of this
Contract, disqualification from proposing on other Contracts or other remedy as
the State deems appropriate.
b. Comply with Executive Order 2009-09, "Prohibition of Discrimination in
Employment by Government contractors and Subcontractors," which is hereby
included in its entirety by reference and considered a part of this Contract.
Contract No. 2017 -035 Page 20
c. Comply with the provisions of Executive Order 11246, entitled ''Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor Regulations (41 CFR Part 60). Said
provisions are made applicable by reference and are hereinafter considered a
part of this Contract.
d. Post in conspicuous places available to employees and applicants for employment,
the following notice:
"It is the policy of this company not to discriminate against any
employee, or applicant for employment, because of race, color, religion,
creed, national origin, sex, age, handicapped, or disabled veterans and
Vietnam era veterans. Such actions shall include, but are not limited to:
employment, upgrading, demotion, transfer, recruitment, or recruitment
advertising; laying-off or termination; rates of pay or other
compensation; and selection for training, and on-the-job training. Also, it
is the policy to insure and maintain a working environment free of
harassment, intimidation and coercion."
e. Comply with the Regulations relative to nondiscrimination in Federally-assisted
programs of the U.S. Department of Transportation (hereinafter DOT), 49 CFR
Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
Contract.
f. Comply with Appendix A and E of the Maricopa County Department of
Transportation "Title VI/Non-Discrimination Assurances" as found in Attachment 4
of this Contract.
g Not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of Su bconsultants, including procurement of materials
and leases of equipment, The CONSULTANT shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices.
h. In all solicitations either by competitive bidding or negotiations made by the
CONSULTANT for work to be performed under a subcontract, including
procurement of materials or leases of equipment, notify each potential
Subconsultant or supplier of the CONSULTANTs obligations under this
Contract and the Regulations relative to nondiscrimination on the ground of
race, color, or national origin.
i. Provide all information and reports required by the Regulations or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information and its facilities as may be determined
by the State to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of a CONSULTANT
Contract No. 2017-035 Page 21
is in the exclusive possession of another who fails or refuses to furnish this
information, the CONSULTANT shall so certify to the State as appropriate, and
shall set forth what efforts it has made to obtain the information.
2. In the event of the CONSULTANT's noncompliance with the NONDISCRIMINATION
provision (Section XXXIII) of this Contract, the State shall impose such Contract sanctions
as the State or FHWA may determine to be appropriate, including but not limited to:
a. Withholding of payments to the CONSULTANT under the Contract until the CONSULTANT
complies, and/or;
b. Cancellation, termination, or suspension of the Contract, in whole or in part.
3. The CONSULTANT shall include the provisions of paragraph 1.a. through 1.i. in
every subcontract with Subconsultants, DBEs and Non-DBEs, including procurement of
materials and equipment leases, unless exempt by the Regulations or directives issued
pursuant thereto.
4. The CONSULTANT shall take such action with respect to any Subconsultants or
procurement as the State or the Federal Aviation Administration (FAA), FHWA and the
Federal Transit Administration (FTA) may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the event the
CONSULTANT becomes involved in or is threatened with litigation with a Subconsultant or
supplier as a result of such direction, the CONSULTANT may request the State to enter
into such litigation to protect the interests of the COUNTY, and in addition, the
CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States.
SECTION XXXIV—AFFIRMATIVE ACTION (FOR FEDERAL-AID CONTRACTS)
CONSULTANT shall take the following affirmative action measures when securing supplies,
equipment or services under the terms of this contract:
A. Include qualified firms owned by socially and economically disadvantaged individuals on
solicitation lists.
B. Assure that firms owned by socially and economically disadvantaged individuals are solicited
whenever they are potential sources.
C. When economically feasible, divide total requirements into smaller tasks or quantities so as to
permit maximum participation by firms owned by socially and economically disadvantaged
individuals.
D. If requirement permits, establish delivery schedules which will encourage participation by firms
owned by socially and economically disadvantaged individuals.
Contract No. 2017-035 Page 22
A. Use the services and assistance of ADOT DBE Supportive Services Program, the Small
Business Administration, the Office of Minority Business Enterprise of the Department of
Commerce and the Community Services Administration as needed.
SECTION XXXV - PROFESSIONAL SERVICES DBE PROVISIONS
(LPA PS EPRISE, 6/23/2016)
DISADVANTAGED BUSINESS ENTERPRISES:
1.0 Policy:
The Arizona Department of Transportation (hereinafter the Department) has established a
Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the U.S.
Department of Transportation (USDOT), 49 CFR Part 26. The Department has received Federal
financial assistance from the U.S. Department of Transportation and as a condition of receiving this
assistance, the Department has signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of the Department to ensure that DBEs, as defined in Part 26, have an equal
opportunity to receive and participate in USDOT-assisted contracts. It is also the policy of the
Department:
1. To ensure nondiscrimination in the award and administration of USDOT-assisted contracts;
2. To create a level playing field on which DBEs can compete fairly for USDOT-assisted contracts;
3. To ensure that the DBE program is narrowly tailored in accordance with applicable law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are counted as
DBEs;
5. To help remove barriers to the participation of DBEs in USDOT-assisted contracts;
6. To assist in the development of firms that can compete successfully in the market place outside
the DBE program; and
7. To promote the use of DBEs in all types of federally-assisted contracts and procurement
activities.
It is also the policy of the Department to facilitate and encourage participation of Small Business
Concerns (SBCs), as defined in Subsection 3.0, in USDOT-assisted contracts. The Department
encourages consultants to take reasonable steps to eliminate obstacles to SBCs' participation and
to utilize SBCs in performing contracts.
Local Public Agencies (LPA) and or Subrecipients of Federal financial assistance will administer
and manage the contracts from advertising, consultant selection, negotiation, contract execution,
processing payment reports and contract modifications, audits, DBE compliance (e.g., reporting
and monitoring) through contract closeout.
2.0 Assurances of Non-Discrimination:
The consultant, subrecipient, or subconsultant shall not discriminate on the basis of race, color, sex
or national origin in the performance of this contract. The consultant shall carry out applicable
Contract No. 2017-035 Page 23
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by the consultant to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the the
LPA/Subrecipient with the Department's concurrence deems appropriate, which may include, but
are not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages;
4. Disqualifying the consultant from submitting SOQs, or any other forms of proposals, as non-
responsible;
5. Cancellation, termination, or suspension of the Contract, in whole or in part.
The consultant, subrecipient, or subconsultant shall ensure that all subcontract agreements
contain this non-discrimination assurance.
3.0 Definitions:
(A) Commercially Useful Function (CUF): Commercially Useful Function is defined fully in 49
CFR 26.55, which definition is incorporated herein by reference.
(B) Committed DBE: A DBE that was identified by the consultant, typically on a DBE Affidavit, to
meet an assigned DBE goal as a condition of contract award and performance, and includes any
substitute DBE that has subsequently been committed work to meet the assigned contract goal.
(C) Disadvantaged Business Enterprise (DBE): a for-profit small business concern which
meets both of the following requirements:
(1) Is at least 51 percent owned by one or more socially and economically disadvantaged
individuals or, in the case of any publicly owned business, at least 51 percent of the stock is owned
by one or more such individuals; and,
(2) Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
(D) NA1CS Code: The North American Industry Classification System (NAICS) is the standard
used by Federal statistical agencies in classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data related to the U.S. business economy.
(E) Non-DBE: any firm that is not a DBE.
• (F) Race-Conscious (RC): a measure or program focused specifically on assisting only DBEs,
including women-owned DBEs.
(G) Race-Neutral (RN): a measure or program used to assist all small businesses. For the
Contract No. 2017-035 Page 24
purposes of this part, race-neutral includes gender-neutrality.
(H) Small Business Concern (SBC): a business that meets all of the following conditions:
(1) Operates as a for-profit business registered to do business in Arizona;
(2) Operates a place of business primarily within the U.S., or makes a significant contribution to
the U.S. economy through payment of taxes or use of American products, materials, or labor;
(3) Is independently owned and operated;
(4) Is not dominant in its field on a national basis; and
(5) Does not have annual gross receipts that exceed the Small Business Administration size
standards average annual income criteria for its primary North American Industry Classification
System (NAICS) code.
(I) Socially and Economically Disadvantaged Individuals: any individual who is a citizen (or
lawfully admitted permanent resident) of the United States and who is:
(1) Any individual who is found to be a socially and economically disadvantaged individual on a
case-by-case basis.
(2) Any individual in the following groups, members of which are rebuttably presumed to be
socially and economically disadvantaged:
(I) "Black Americans," which includes persons having origins in any of the Black racial groups of
Africa;
(ii) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(iii) "Native Americans," which includes persons who are enrolled members of federally or State
recognized Indian tribe, Alaskan Natives or Native Hawaiians;
(iv) "Asian-Pacific Americans," which includes persons whose origins are from Japan, China,
Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia,
Indonesia, the Philippines, Brunei, Samoa, Guam, the US, Trust Territories of the Pacific Islands
(Republic of Palau), the Republic of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati,
Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;
(v) "Subcontinent Asian Americans," which includes persons whose origins are from India,
Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
(vi) "Women;"
(vii) Any additional groups whose members are designated as socially and economically
Contract No. 2017-035 Page 25
disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation
becomes effective.
4.0 Working with DBEs:
The Department works with DBEs and assists them in their efforts to participate in the highway
construction program. All proposers should contact the Department's Business Engagement and
Compliance Office (BECO) by phone, through email, or at the address shown below, for assistance
in their efforts to use DBEs in the highway construction industry. BECO contact information is as
follows:
Arizona Department of Transportation
Business Engagement and Compliance Office
1801 W. Jefferson St, Suite 101, Mail Drop 154A
Phoenix, AZ 85007
Phone (602) 712-7761
FAX (602) 712-8429
Email: ContractorCompliance©azdot.gov
Website www.azdot.gov/bec
4.01 Mentor-Protege Program
The Department has established a Mentor-Protégé program as an initiative to encourage and
develop disadvantaged businesses in the highway construction industry. The program encourages
prime consultants to provide certain types of assistance to certified DBE subconsultants. ADOT
encourages consultants and certified DBE subconsultants to engage in a Mentor-Protégé
agreement under certain conditions. Such an agreement must be mutually beneficial to both
parties and to ADOT in fulfilling requirements of 49 CFR Part 23. For guidance regarding this
program refer to the Mentor-Protégé Program Guidelines available on the BECO website.
The Mentor-Protégé program is intended to increase legitimate DBE activities and is not intended
to diminish nor circumvent existing DBE rules or regulations.
5.0 Applicability:
The Department has established an overall annual goal for DBE participation on Federal-aid
contracts. The Department intends for the goal to be met with a combination of race conscious
efforts and race neutral efforts. Race conscious participation occurs when the consultant uses a
percentage of DBEs, as defined herein, to meet the contract-specified goal. Race neutral efforts
are those that are, or can be, used to assist all small businesses or increase opportunities for all
small businesses. The regulation, 49 CFR 26, defines race neutral as when a DBE wins a prime
contract through customary competitive procurement procedures or is awarded a subcontract on a
prime contract that does not carry a DBE contract goal.
The consultant shall meet the goal specified herein with DBEs, or establish that it was unable to
meet the goal despite making good faith efforts to do so. Prime consultants are encouraged to
obtain DBE participation above and beyond any goals that may be set for this project.
Contract No. 2017-035 Page 26
The DBE provisions are applicable to all consultants including DBE consultants.
6.0 Certification and Registration:
6.01 DBE Certification:
Certification as a DBE shall be predicated on:
(1) The completion and execution of an application for certification as a "Disadvantaged Business
Enterprise."
(2) The submission of documents pertaining to the firm(s) as stated in the application(s), including
but not limited to a statement of social disadvantage and a personal financial statement.
(3) The submission of any additional information which the Department or the applicable Arizona
Unified Certification (UCP) agency may require to determine the firm's eligibility to participate in the
DBE program. %
(4) The information obtained during the on-site visits to the offices of the firm and to active job-
sites.
Applications for certification may be filed online with the Department or the applicable UCP agency
at any time through the Arizona Unified Transportation Registration and Certification System (AZ
UTRACS) website at http://www.azutracs.com .
DBE firms and firms seeking DBE certification shall cooperate fully with requests for information
relevant to the certification process. Failure or refusal to provide such information is a ground for
denial or removal of certification.
ADOT is a member of the AZ Unified Certification Program (AZUCP). Only DBE firms that are
certified by the AZUCP are eligible for credit on ADOT projects. A list of DBE firms certified by
AZUCP is available on the Internet at http://www.azutracs.com . The list will indicate contact
information and specialty for each DBE firm, and may be sorted in a variety of ways. However,
ADOT does not guarantee the accuracy and/or completeness of this information, nor does ADOT
represent that any licenses or registrations are appropriate for the work to be done.
The Department's certification of a DBE is not a representation of qualifications and/or abilities nor
does it mean that a DBE firm is guaranteed or entitled to receive or be awarded a contract. Being
certified simply means that a firm has met the criteria for DBE certification as outlined in 49 CFR
Part 26. The consultant bears all risks of ensuring that DBE firms selected by the consultant are
able to perform the work.
6.02 SBC Registration:
To comply with 49 CFR Part 26.39, ADOT's DBE Program incorporates contracting requirements
to facilitate participation by Small Business Concerns (SBCs) in federally assisted contracts. SBCs
Contract No. 2017-035 Page 27
are for-profit businesses authorized to do businesses in Arizona that meet the Small Business
Administration (SBA) size standards for average annual revenue criteria for its primary North
American Industry Classification System (NAICS) code
While the SBC component of the DBE program does not require utilization of goals on projects,
ADOT and the LPA/Subrecipient strongly encourages consultants to utilize small businesses that
are registered in AZ UTRACS on their contracts, in addition to DBEs meeting the certification
requirement. The consultant may use the AZ UTRACS website to search for certified DBEs and
registered SBCs that can be used on the contract. However, SBCs that are not DBEs will not be
counted toward the DBE contract goal.
SBCs can register online at the AZ UTRACS website.
The Department's registration of SBCs is not a representation of qualifications and/or abilities nor
does it mean that an SBC firm is guaranteed or entitled to receive or be awarded a contract. Being
SBC registered simply means that a firm has met the criteria for SBC registration as outlined in 49
CFR Part 26. The consultant bears all risks of ensuring that SBC firms selected by the consultant
are able to perform the work.
7.0 DBE Financial Institutions:
The Department thoroughly investigates the full extent of services offered by financial institutions
owned and controlled by socially and economically disadvantaged individuals in its service area
and makes reasonable efforts to use these institutions. The Department encourages prime
consultants to use such institutions on USDOT assisted contracts. However, use of DBE financial
institutions will not be counted toward the DBE contract goal.
The Department and the LPA/Subrecipient encourages prime consultants to research the Federal
Reserve Board website at www.federalreserve.gov to identify minority-owned banks in Arizona
derived from the Consolidated Reports of Condition and Income filed quarterly by banks (FFIEC
031 and 041) and from other information on the Board's National Information Center database.
8.0 Time is of the Essence:
TIME IS OF THE ESSENCE IN RESPECT TO THE DBE PROVISIONS
9.0 Computation of Time:
In computing any period of time described in this DBE special provision, such as calendar days,
the day from which the period begins to run is not counted, and when the last day of the period is a
Saturday, Sunday, Federal or State holiday, the period extends to the next day that is not a
Saturday, Sunday, Federal or State holiday. In circumstances where the LPA/Subrecipient
Procurement Office is closed for all or part of the last day, the period extends to the next day on
which the LPA / Subrecipient Procurement Office is open.
10.0 Consultant and Subconsultant Requirements:
Contract No. 2017-035 Page 28
10.01 General:
The consultant shall establish a DBE program that will ensure nondiscrimination in the award and
administration of contracts and subcontracts.
Agreements between the proposer and a DBE in which the DBE promises not to provide
subcontracting quotations to other proposers are prohibited.
10.02 DBE Liaison:
The consultant shall designate a DBE Liaison responsible for the administration of the consultant's
DBE program. The name of the designated DBE Liaison shall be included on the DBE Intended
Participation Affidavit Summary.
11.0 DBE Goal:
The minimum goal for participation by DBEs on this project is as follows:
11.24 Percent
The percentage of DBE participation shall be based on the total dollar value of the contract.
Proposers are strongly encouraged to secure and include sufficient DBE firms on their team for
multiple disciplines and work categories to ensure they can meet the DBE goal on the contract and
for any Contract Modifications that are executed post-award. The DBE goal requirements extend to
additional dollars added by Contract Modification to help ensure that the overall DBE goal is met on
the contract. Indicating there is no DBE firm on a prime proposers team to meet the DBE goal on
Contract Modifications does not meet the criteria for Good Faith Efforts in 49 CFR 26.53, and will
not be accepted by the Department as Good Faith Efforts when Contract Modifications are issued.
Since proposers have been notified of the DBE goal prior to the submittal of their Statement of
Qualifications (S0Q) they are required to do their due diligence to secure enough DBE
participation to meet the goal or make good faith efforts on the contract and each subsequent
Contract Modification. Firms will be required to locate DBEs to meet the goal on each Contract
Modification even if these DBEs were not originally included as part of their team, if the
LPA/Subrecipient , with BECO concurrence, determines there are qualified DBEs available to
complete portions of the work of the Contract Modification.
12.0 Submission with SOQ Proposals:
12.01 DBE Assurance/Goal Declaration
In order to be awarded this contract, in addition to all other pre-award requirements, all proposers
are required to certify on the DBE Assurance Project Specific form provided by the
LPA/Subrecipient that:
The proposer will meet the established DBE goal or will make good faith efforts to meet the goal
and that arrangements with certified DBEs have been made prior to the SOQ and/or cost proposal
Contract No. 2017-035 Page 29
submission.
Failure to affirmatively make this declaration/certification in the manner outlined in the Request for
Qualifications (RFQ) furnished by the LPA/Subrecipient will cause a Proposer's SOQ to be
considered non-responsive.
12.02 Bidders/Proposers List and AZ UTRACS Registration Requirement:
Under Title 49 CFR of the Code of Federal Regulations, Part 26.11, DOTs are required to collect
certain information from all consultants and subconsultants who seek to work on federally-assisted
contracts in order to set overall and contract DBE goals. ADOT collects this information when firms
register their companies on the Arizona Unified Transportation Registration and Certification
System (AZ UTRACS) web portal at http://www.azutracs.com/ a centralized database for
companies that seek to do business with ADOT, This information will be maintained as confidential
to the extent allowed by federal and state law,
Prime consultants and all subconsultants, including DBEs listed in the SOQ must be registered in
AZ UTRACS. Proposers may verify that their firm and each subconsultant is registered using the
AZ UTRACS website,
Proposers may obtain additional information at the AZ UTRACS website or by contacting the
LPA/Subrecipient.
All proposers shall create a Bidders/Proposers list in the AZ UTRACS by selecting all firms, service
providers, and vendors that expressed interest or submitted proposals or quotes for this contract.
The Bidders/Proposers List form must be complete and must include the names for all
subconsultants, service providers, and vendors that submitted proposals or quotes on this project
regardless of the proposer's intentions to use the those firms on the project,
All proposers must complete and submit the Bidders/Proposers List online at AZ UTRACS prior to
Cost Proposal submittal. A confirmation email will be generated by the system. This email
confirmation shall be submitted with the Cost Proposal.
FAILURE TO SUBMIT THE REQUIRED BIDDERS/PROPOSERS LIST CONFIRMATION EMAIL
WITH THE COST PROPOSAL BY THE STATED TIME AND IN THE MANNER HEREIN
SPECIFIED AND AS OUTLINED IN THE RFQ SHALL BE CAUSE FOR THE PROPOSER'S COST
PROPOSAL TO BE REJECTED.
13. 0 DBE Cost Proposal Submissions:
13.01 DBE Intended Participation Affidavits:
If the proposer indicates in the Cost Proposal submittal that it has met or exceeded the DBE goal, a
DBE Intended Participation Affidavit form for each DBE firm, and the DBE Intended Participation
Affidavit Summary form shall be submitted to the LPA/Subrecipient Procurement Office with each
Cost Proposal as follows:
Contract No. 2017-035 Page 30
(1) The DBE Intended Participation Affidavit Form must be submitted for each individual DBE firm
at all tiers, including direct expense vendors, that is being proposed to be used to meet the DBE
goal on the project. A copy of this form is available from the LPA/Subrecipient.
(2) The DBE Intended Participation Affidavit Summary Form must be completed by the consultant
summarizing information about all DBEs being proposed to meet the DBE goal that are listed on
each DBE Intended Participation Affidavit Form. The DBE Intended Participation Affidavit Summary
Form, along with the DBE Intended Participation Affidavit form for each individual DBE firm, must
be submitted together with the Cost Proposal to the LPA/Subrecipient Procurement Office All forms
must be accurate and complete in every detail and must be signed by an officer of the
consultant(s), Percentages and dollar amounts must be accurate. Percentages shall be listed to
two decimal places. The DBE Intended Participation Affidavit Summary must be submitted listing
all the DBEs intended to be used and the creditable amounts. Copies of these forms are available
from the LPA/Subrecipient.
(3) The DBE Intended Participation Affidavits Forms and the DBE Intended Participation Affidavit
Summary Form must be submitted with the original cost proposal documents. The same
documents must be submitted as part of the contract modification documentation submittals
reflecting any change in the contract amount associated with the contract modification.
(4) A proposer must determine DBE credit for the contract in accordance with DBE Special
Provision Subsection 17.0 Crediting DBE Participation Toward Meeting Goals. The affidavits will
be reviewed by the LPA/Subrecipient.
(5) Only those DBE firms certified by the Arizona Unified Certification Program (AZUCP) at the time
of the Cost Proposal submittal will be considered for DBE credit. It shall be the proposer's
responsibility to ascertain the certification status of designated DBEs.
(6) All DBE commitment amounts must be finalized between the DBE subconsultant and the
proposer prior to affidavit submittal. Proposers shall not inflate DBE awards in order to meet
contract goals. Reduction of DBE commitments after affidavit submittal and prior to execution of
the contract without good cause may be grounds for the proposer to be considered nonresponsive.
Scheduling conflicts are not necessarily evidence of good cause as this should have been
considered prior to affidavit submittal. Proposers are required to use DBEs identified in both the
SOQ and Cost Proposal to meet the contract goal, so the consultant is responsible for ensuring the
DBEs listed in the SOQ and submitted with the Cost Proposal are available to meet those
requirements at the time of contract execution.
(7) Cost proposals without affidavits shall be considered incomplete and contract negotiations
shall not be finalized nor will the contract be executed until affidavits are submitted and approved.
14.0 Documented Good Faith Effort:
14.01 General:
If the selected proposer has indicated in its cost proposal submittal that it will be unable to meet the
DBE goal, that proposer must demonstrate, through detailed and comprehensive documentation,
Contract No. 2017-035 Page 31
that good faith efforts have been made to solicit, assist, and use DBE firms to meet the DBE goal
prior to submission of the SOQ and cost proposal.
Failure to demonstrate good faith efforts to the satisfaction of LPA/Subrecipient with concurrence of
BECO will result in denying the award and moving to the next second highest ranked proposer.
The selected proposer who cannot meet the DBE goal at the time the cost proposal is due must
submit its documentation of good faith efforts to the LPA/Subrecipient with the cost proposal.
Contract negotiations will not be finalized nor will the contract be executed until the required Good
Faith Effort forms and required documentation are received and approved.
The documentation of good faith efforts must include copies of each DBE and non-DBE
subconsultant quotes submitted to the proposer when a non-DBE subconsultant was selected over
a DBE for work on the contract. A generalized assertion that the consultant received multiple
quotes is not sufficient unless copies of those quotes are provided.
Proposers are encouraged to review Appendix A of 49 CFR Part 26.
Useful information related to encouraging DBE participation and documented good faith efforts can
be found in the "Good Faith Effort Guide" and other documents made available on the BECO
websita The information provided in the "Good Faith Effort Guide" does not replace this
specification; proposers must comply with the requirements of this specification.
In order to be awarded a contract on the basis of good faith efforts, a proposer must show that it
took all necessary and reasonable steps to achieve the DBE goal, which, by their scope, intensity,
and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE
participation, even if they were not fully successful. The quality, quantity, and intensity of the
different kinds of efforts the proposer has made will be evaluated. The efforts employed by the
proposer should be those that one could reasonably expect a proposer to make if the proposer
were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE goal.
Mere pro forma efforts are not sufficient good faith efforts to meet the DBE contract requirements.
The proposer shall, as a minimum, seek DBEs in the same geographic area in which it generally
seeks subconsultants for a given project. If the proposer cannot meet the goals using DBEs from
this geographic area, the proposer, as part of its effort to meet the goals, shall expand its search to
a reasonably wider geographic area,
The following is a list of types of efforts a proposer must address when submitting good faith effort
documentation.
(1) Contacting the LPA/Subrecipient and BECO prior to the submission of proposals, either by e-
mail, or by telephone, to inform of the firm's difficulty in meeting the DBE goals on a given project,
and requesting assistance. The proposer must document its contact with the LPA/Subrecipient
and BECO, and indicate the type of contact, the date and time of the contact, the name of the
person(s) contacted, and any details related to the communication. The contact must be made in
sufficient time before proposal submission to allow the LPA/Subrecipient and BECO to provide
effective assistance. The proposer will not be considered to have made good faith efforts if the
Contract No. 2017-035 Page 32
proposer failed to contact the LPA/Subrecipient and BECO.
(2) Conducting market research to identify small business consultants and suppliers, and
soliciting, through all reasonable and available means, the interest of all certified DBEs who have
the capability to perform the work of the contract. This may include attendance at pre-proposal
meetings and business matchmaking meetings and events, advertising and/or providing written
notices, posting of "Notices of Sources Sought" and/or "Requests for Proposals" at reasonable
locations, including the consultant's website, written notices or emails to all DBEs listed in the
Department's directory of transportation firms that specialize in areas of work desired (as noted in
the DBE directory) and which are located in the area or surrounding areas of the project. The
proposer should solicit this interest as early in the acquisition process as practicable to allow DBEs
to respond to the solicitation and submit a timely offer for the subcontract. The proposer should
determine with certainty if DBEs are interested by taking appropriate steps to follow-up initial
solicitations,
(3) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that
the DBE goal will be achieved. This includes, where appropriate, breaking out contract work items
into economically feasible units (for example smaller tasks or quantities) to facilitate DBE
participation, even when the prime consultant might otherwise prefer to perform these work items
with its own forces. This may include, where possible, establishing flexible time frames for
performance and delivery schedules in a manner that encourages and facilitates DBE participation.
(4) Providing interested DBEs with adequate information about the plans, specifications, and
requirements of the contract in a timely manner to assist them in responding to a solicitation with
their offer for a subcontract.
(5) Negotiating in good faith with interested DBEs. It is the proposer's responsibility to make a
portion of the work available to the DBE subconsultants and suppliers, and to select those portions
of work or material needs consistent with the available DBE subconsultants and suppliers, so as to
facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and
telephone numbers of DBEs that were considered; a description of the information provided from
the plans and specifications for the work selected for subcontracting; and evidence as to why
additional agreements could not be reached for DBEs to perform work.
Pro forma mailings to DBEs requesting proposals are not alone sufficient to constitute good faith
negotiation.
A proposer using good business judgment would consider a number of factors in negotiating with
subconsultants, including DBE subconsultants, and would take a firm's price and capabilities as
well as contract goals into consideration. However, the fact that there may be some additional
costs involved in finding and using DBEs is not in itself sufficient reason for a proposer's failure to
meet the DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime
consultant to perform the work of a contract with its own organization does not relieve the proposer
of the responsibility to make good faith efforts. However, prime consultants are not required to
accept higher quotes from DBEs if the price difference is excessive or unreasonable.
Documentation, such as copies of all other proposals or quotes, must be submitted.
Contract No. 2017-035 Pap 33
Another practice considered an insufficient good faith effort is the rejection of the DBE because its
quotation for the work was not the lowest received. The consultant must submit copies of each
DBE and non-DBE subconsultant quote submitted to the proposer when a non-DBE subconsultant
was selected over a DBE for work on the contract. The Department may contact rejected DBEs as
part of its investigation. However, nothing in this paragraph shall be construed to require the
proposer or prime consultant to accept unreasonable quotes in order to satisfy contract goals.
(6) Not rejecting DBEs as being unqualified without sound reasons based on a thorough
investigation of their capabilities. The consultant's standing within its industry, membership in
specific groups, organizations or associations and political or social affiliations (for example, union
vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of
proposals in the consultant's efforts to meet the project goal. Consultant must submit
documentation of past performance and with input from the PM, consultant's qualifications are then
reviewed for acceptance and approval.
(7) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
required by the recipient or consultant.
(8) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials,
or related assistance or services.
(9) Effectively using the services of available minority/women community organizations;
minority/women consultants' groups; local, state, and Federal minority/women business assistance
offices; and other organizations as allowed on a case-by-case basis to provide assistance in the
recruitment and placement of DBEs.
In determining whether a proposer has made good faith efforts, the LPA/Subrecipient will review
the documented efforts of the consultant and will review the performance of other proposers in
meeting the contract goal.
A promise to use DBEs after contract award is not considered to be responsive to the contract
solicitation or to constitute good faith efforts.
The LPA/Subrecipient will evaluate the submittal and make a determination, with BECO
concurrence, whether in fact good faith efforts have been demonstrated consistent with the
specifications and the Federal regulations, 49 CFR 26, Appendix A.
14.02 Protest for Denied Good Faith Efforts:
lf the LPA/Subrecipient, with BECO concurrence, determines that the proposer failed to make
adequate good faith efforts, the proposer may protest the determination by submitting an appeal in
writing to the ADOT State Engineer. The decision of the ADOT State Engineer is administratively
final.
The proposer whose proposal was rejected for failure to meet the goal or make GEE will be given
the opportunity to meet in person with the State Engineer, at the proposer's written request
included in the protest, to discuss the issue of whether it met the goal or made adequate good faith
Contract No. 2017-035 Page 34
efforts to do so. The State Engineer shall promptly consider any appeals and notify the
LPA/Subrecipient and all proposers in writing on its findings and decision.
In accordance with 49 CFR 26.53(d)(5), the result of the protest decision is not subject to
administrative appeal to the USDOT.
15.0 Rejection of Proposal:
If, for any reason, the proposer's GEE is rejected or contract negotiations fail, the LPA/Subrecipient
will proceed with negotiating with the second highest ranked firm. The LPA/Subrecipient, will notify
the second highest ranked firm, and this firm shall submit its subsequent detailed submission as
set forth in the DBE Subsections 13 or 14.
16.0 Payment Reporting:
The consultant shall report on a monthly basis indicating the amounts paid to all subconsultants, of
all tiers, working on the project. Reporting shall be in accordance with Prompt Pay and Payment
Reporting requirements Attachment 1 of the contract specifications.
17.0 Crediting DBE Participation Toward Meeting Goals:
17.01 General Requirements:
To count toward meeting the goal, the DBE firms must be certified at the time of Cost Proposal
submission in each NAICS code applicable to the kind of work the firm will perform on the contract.
NAICS for each DBE can be found on the AZ UTRACS website. General descriptions of all NAICS
codes can be found at http://www.naics.com/search/.
Credit towards the consultant's DBE goal is given only after the DBE has been paid for the work
performed.
The entire amount of a contract that is performed by the DBE's own forces, including the cost of
supplies and materials purchased by the DBE for the work on the contract and equipment leased
by the DBE will be credited toward DBE participation. Supplies and equipment the DBE
subconsultant purchases or leases from the prime consultant or its affiliate will not be credited
toward DBE participation.
The consultant bears the responsibility to determine whether the DBE possesses the proper
consultant's license(s) to perform the work and, if DBE credit is requested, that the DBE
subconsultant is certified for the requested type of work.
If a DBE cannot complete its work due to failure to obtain or maintain its licensing, the consultant
bears the responsibility to notify the LPA/Subrecipient, immediately after the consultant becomes
aware of the situation, and request approval to replace the DBE with another DBE. The consultant
shall follow the DBE termination/substitution requirements described in Subsection 22.0 of these
DBE provisions.
Contract No. 2017-035 Page 35
The Department's certification is not a representation of a DBE's qualifications and/or abilities. The
consultant bears all risks that the DBE may not be able to perform its work for any reason,
A DBE may participate as a prime consultant, subconsultant, or as a vendor of materials or
supplies. The dollar amount of work to be accomplished by DBEs, including partial amount of a
lump sum or other similar item, shall be on the basis of subcontract, purchase order, hourly rate,
rate per ton, etc., as agreed to between parties.
DBE credit may be obtained only for specific work done for the project, supply of equipment
specifically for physical work on the project, or supply of materials to be incorporated in the work.
DBE credit will not be allowed for costs such as overhead items, capital expenditures (for example,
purchase of equipment), and office items.
The consultant may credit second-tier subcontracts issued to DBEs by non-DBE subconsultants.
Any second-tier subcontract to a DBE used to meet the goal must meet the requirements of a first-
tier DBE subcontract,
A prime consultant may credit the entire amount of that portion of a contract that is performed by
the DBE's own forces, The cost of supplies and materials obtained by the DBE for the work of the
contract can be included so long as that cost is reasonable. Leased equipment may also be
included. No credit is permitted for supplies purchased or equipment leased from the prime
consultant or its affiliate(s).
When a DBE subcontracts a part of the work of its contract to another firm, the value of the
subcontract may be credited towards the DBE goal only if the DBE's subconsultant is itself a DBE
and performs the work with its own forces. Work that a DBE subcontracts to a non-DBE firm does
not count toward a DBE goal.
A prime consultant may credit the entire amount of fees or commissions charged by a DBE firm for
providing a bona fide service, such as professional, technical, consulting, or managerial services,
or for providing bonds or insurance specifically required for the performance of a USDOT-assisted
contract, provided the fees are reasonable and not excessive as compared with fees customarily
allowed for similar services.
17.02 DBE Prime Consultant:
When a certified DBE firm proposes on a contract that contains a DBE goal, the DBE firm is
responsible for meeting the DBE goal on the contract or making good faith efforts to meet the goal,
just like any other proposer. In most cases, a DBE proposer on a contract will meet the DBE goal
by virtue of the work it performs on the contract with its own forces. However, all the work that is
performed by the DBE proposer or any other DBE subconsultants and DBE suppliers will count
toward the DBE goal. The DBE proposer shall list itself along with any DBE subconsultants and
suppliers, on the DBE Intended Participation Affidavit Individual and Summary in order to receive
credit toward the DBE goal.
17.03 Effect of Loss of DBE Eligibility:
Contract No. 2017-035 Page 36
If a DBE is deemed ineligible (decertified) or suspended in accordance with 49 CFR 26.87 and
26.88, the DBE may not be considered to meet a contract goal on a new contract, but may be
considered to meet the contract goal under a subcontract that was executed before the DBE
suspension or decertification is effective.
When the consultant makes a commitment to use an ineligible DBE firm or the LPA/Subrecipient,
made a commitment to use an ineligible DBE prime consultant, but a subcontract or contract has
not been executed before a decertification notice is issued to the DBE firm by its certifying agency,
the ineligible firm does not count toward the contract goal. The consultant must meet the contract
goal with an eligible DBE firm or demonstrate good faith effort. When a subcontract is executed
with the DBE firm before the Department notified the firm of its ineligibility, the consultant may
continue to use the firm on the contract and may continue to receive credit toward the DBE goal for
the firm's work.
17.04 Notifying the Consultant of DBE Certification Status:
Each DBE contract at any tier shall require any DBE subconsultant or supplier that is either
decertified or certified during the term of the contract to immediately notify the consultant and all
parties to the DBE contract in writing, with the date of decertification or certification. The consultant
shall require that this provision be incorporated in any contract of any tier in which a DBE is a
participant.
17.05 Police Officers:
DBE credit will not be permitted for procuring DPS officers, For projects on which officers from
other agencies are supplied, DBE credit will be given only for the broker fees charged, and will not
include amounts paid to the officers. The broker fees must be reasonable.
17.06 Commercially Useful Function:
A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the
DBE performs a Commercially Useful Function (CUF),
A DBE performs a CUP when it is responsible for execution of the work of a contract and carries
out its responsibilities by actually performing, managing, and supervising the work involved, To
perform a commercially useful function, the DBE must also be responsible, with respect to
materials and supplies on the contract, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for the material itself that it uses
on the project. To determine whether a DBE is performing a commercially useful function, the
LPA/Subrecipient will evaluate the amount of work subcontracted, industry practices, whether the
amount the firm is to be paid under the contract is commensurate with the work it is actually
performing and the DBE credit claimed for its performance of the work, and other relevant factors.
A DBE will not be considered to perform a commercially useful function if its role is limited to that of
an extra participant in a transaction, contract, or project through which funds are passed in order to
obtain the appearance of DBE participation. In determining whether a DBE is such an extra
participant, the LPA/Subrecipient will examine similar transactions, particularly those in which
DBEs do not participate.
Contract No. 2017-035 Page 37
If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its
contract with its own work force, or if the DBE subcontracts a greater portion of the work of a
contract than would be expected on the basis of normal industry practice for the type of work
involved, LPA/Subrecipient will presume that the DBE is not performing a commercially useful
function
When a DBE is presumed not to be performing a commercially useful function as provided above,
the DBE may present evidence to rebut this presumption. The Department will determine if the
firm is performing a CUF given the type of work involved and normal industry practices.
The LPA/Subrecipient will notify the consultant, in writing, if it determines that the consultant's DBE
subconsultant is not performing a CUF. The consultant will be notified within seven calendar days
of the LPA/Subrecipient's decision.
Decisions on CUF may be appealed to the ADOT BECO. The appeal must be in writing and
personally delivered or sent by certified mail, return receipt requested, to the ADOT BECO. The
appeal must be received by ADOT BECO no later than seven calendar days after the
LPA/Subrecipient's decision. LPA/Subrecipient's decision remains in place unless and until the
ADOT BECO reverses or modifies LPA/Subrecipient's decision. ADOT BECO will promptly
consider any appeals under this subsection and notify the consultant of the ADOT BECO findings
and decisions. Decisions on CUF matters are not administratively appealable to USDOT.
The LPA/Subrecipient may conduct project site visits on the contract to confirm that DBEs are
performing a CUF. The consultant shall cooperate during the site visits and the LPA/Subrecipient
staff will make every effort not to disrupt work on the project.
18.0 Effect of Contract Changes:
The consultant acknowledges that uncertainties can occur during the performance of the work and
if for any reason it becomes apparent that the DBE goal will not be met then the consultant shall:
(1) immediately notify the LPA/Subrecipient of the potential or actual decrease in DBE
compensation, and (2) make good faith efforts to obtain DBE participation to meet or exceed the
project DBE goal. Good faith efforts required under the provisions of this section may vary,
depending on the time available, the nature of the change, and other factors as determined by
LPA/Subrecipient.
LPNSubrecipient will approve or deny the consultant's good faith efforts with BECO concurrence.
The consultant is not required to take work committed to another subconsultant and assign it to a
DBE subconsultant in order to meet the committed DBE percentage.
If the resulting change increases the scope or quantity of work being done by a DBE
subconsultant, the DBE shall be given the opportunity to complete the additional work and receive
additional compensation beyond their original subcontract amount.
19.0 DBE Participation Above the Goal (Race-Neutral Participation):
Contract No, 2017-035 Page 38
Additional DBE participation above the DBE participation required to meet the contract DBE goal is
an important aspect of the Department's DBE program. The consultant is strongly encouraged to
use additional DBEs above the DBE goal requirement in the contract to assist the Department in
meeting its overall DBE goal and help the Department to meet the maximum feasible portion of its
DBE goals through race neutral participation as outlined in 49 CFR Part 26.
There are fewer administrative requirements on the part of the consultant when using race neutral
DBEs (DBEs not listed on the DBE Intended Participation Affidavit Summary). For example, if a
DBE is not listed on the DBE Intended Participation Affidavit Summary, the DBE does not have to
submit an Affidavit, and the subcontract approval process follows the same process of any other
subcontract, The consultant does not have to replace the DBE with another DBE subconsultant if
the DBE fails to perform. Therefore these DBEs are treated as any other subconsultant on the
project.
20.0 Required Provisions for DBE Subcontracts:
All subcontracts of any tier, all supply contracts, and any other contracts in which a DBE is a
participant shall include as a physical attachment, DBE Subconsultant Compliance Assurances
available from the LPA/Subrecipient and all of the Uniform Terms and Conditions set forth in other
sections of this contract,
Consultants executing agreements with subconsultants, DBE or non-DBE, that materially modify
federal regulation and state statutes such as, prompt payment and retention requirements, through
subcontract terms and conditions will be found in breach of contract which may result in termination
of the contract, or any other such remedy as the LPA/Subrecipient and ADOT deem appropriate as
outlined in DBE Subsection 2.0.
The LPA/Subrecipient reserves the right to conduct random reviews of DBE and non-DBE
subcontract documentation to ensure compliance with federal requirements.
The consultant shall ensure that all subcontracts or agreements with DBEs to supply labor or
materials require that the subcontract and all lower tier subcontracts be performed in accordance
with 49 CFR Part 26 provisions.
The Consultant shall provide electronic copies of signed subcontract agreements for all DBE
Subconsultants listed on the DBE Intended Participation Affidavit Summary by uploading them
within 15 calendar days of an approved contract to the LPA DBE System.
21.0 Contract Performance:
Contract items of work designated by the consultant to be awarded to DBEs shall be performed by
the designated DBE or a LPA/Subrecipient, with BECO concurrence, approved DBE substitute.
The Consultant or a non-DBE Subconsultant shall not perform DBE contract work items without
prior approval by LPA/Subrecipient, with BECO concurrence. The DBE must perform a
commercially useful function; that is, the DBE must manage, perform, and supervise a distinct
element of work.
Contract No. 2017-035 Page 39
The consultant is required to use DBEs identified in the SOQ to meet the contract goal, so the
prime consultant is responsible for ensuring that the DBEs are available to meet scheduling, work
and other requirements on the contract.
The LPA/Subrecipient will visit the consultant's office to conduct reviews to ensure compliance with
CUF and other DBE requirements. The reviews may include, among other activities, interview of
DBEs and their employees and the consultant and its employees. The consultant shall cooperate
in the review and make its employees available. The consultant shall inform the LPA/Subrecipient
in advance when each DBE will be working on the project to help facilitate reviews.
The LPA/Subrecipient reserves the right to request and inspect all records of the consultant and all
records of the DBEs and non-DBE subconsultants concerning this contract. The consultant must
make available a copy of all documents related to all contracts the LPA/Subrecipient upon request.
Use of every DBE listed on the DBE Intended Participation Affidavit Summary is a condition of this
contract. The consultant shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed on the DBE Intended Participation Affidavit Summary unless the
consultant obtains written consent from the LPA/Subrecipient with BECO concurrence. The
consultant shall not be entitled to any payment for work or material that is not performed or
supplied by the listed DBE unless the consultant obtains written consent from the LPA/Subrecipient
with BECO concurrence.
22.0 DBE Termination/Substitution:
2Z01 General Requirements:
The consultant shall make all reasonable efforts to avoid terminating or substituting a DBE listed on
the DBE Intended Participation Affidavit Summary. At a minimum, the consultant shall negotiate in
good faith, give timely notices and/or extend deadlines to the extent that it will not jeopardize the
contract with the LPA/Subrecipient. Reasonable methods to resolve performance disputes must be
applied and documentation provided to the LPA/Subrecipient before attempting to substitute or
terminate a DBE.
22.02 Consultant Notice of Termination/Substitution:
All terminations, substitutions, and reductions in scope of work to be performed by DBEs listed on
the DBE Intended Participation Affidavit Summary must be approved in writing by the
LPA/Subrecipient, with BECO concurrence and by means of the executed contract modification.
The consultant shall contact the LPA/Subrecipient within 24 hours from the first sign of any reason
for potential DBE termination/substitution.
The consultant shall not terminate a DBE subconsultant listed on the DBE Intended Participation
Affidavit Summary or complete the work contracted to the DBE with its own forces or with a non-
DBE firm without the LPA1Subrecipient written consent and BECO concurrence. Before submitting
a formal request to the LPA/Subrecipient for DBE termination/substitution, the consultant shall give
written notice to the DBE subconsultant with a copy to the LPA/Subrecipient of its intent to
Contract No. 2017-035 Page 40
terminate or substitute the DBE identifying the reason for the action. The DBE shall be allowed a
minimum of five calendar days to respond to the consultant's notice advising the consultant, the
LPA/Subrecipient of its position. Before making a determination for approval regarding the
consultant's termination and substitution request, the LPA/Subrecipient, with BECO concurrence,
will consider both the consultant's request and the DBE firm's response.
22.03 Consultant Request of Termination/Substitution:
The consultant shall formally request the termination or substitution of a DBE listed on the DBE
Intended Participation Affidavit Summary by submitting the DBE Termination/Substitution Request
Form and supporting documentation to the LPA/Subrecipient; form is available from the
LPA/Subrecipient. The submission shall include the following information:
1) The date the consultant determined the DBE to be unwilling, unable or ineligible to perform.
2) A brief statement of facts describing the situation and citing specific actions or inaction by the
DBE firm giving rise to consultant's assertion that the DBE firm is unwilling, unable, or ineligible to
perform.
3) A brief statement of the good faith efforts undertaken by the consultant to enable the DBE firm to
perform.
4) The total dollar amount currently paid for work performed by the DBE firm.
5) The total dollar amount remaining to be paid to the DBE firm for work completed, but for which
the DBE firm has not received payment, and over which the consultant and the DBE firm have no
dispute.
6) The remaining work that has not been completed by the DBE and the corresponding dollar
amount
7) The projected date that the consultant requires a substitution or replacement DBE to commence
work, if consent is granted to the request.
Written consent for terminating the performance of any DBE listed on the DBE Intended
Participation Affidavit Summary will be granted only where the consultant can demonstrate good
cause showing that the DBE is unable, unwilling, or ineligible to perform. Such written consent to
terminate any DBE shall concurrently constitute written consent to substitute or replace the
terminated DBE. Termination or substitution of a DBE listed on the DBE Intended Participation
Summary will not be allowed based solely on a consultant's ability to negotiate a more
advantageous contract with another subconsultant, Prior to making a determination for approval
regarding the consultant's termination and substitution request, the LPA/Subrecipient, with BECO
concurrence, will consider both the consultant's request and the DBE firm's response.
Any requests for substitutions or terminations of DBEs shall be made on the forms provided by
LPA/Subrecipient.
22.04 Good Cause:
The LPA/Subrecipient, with BECO concurrence, will make the determination of good cause by
providing written consent to the consultant after evaluating the consultant's good cause to
terminate or substitute a DBE firm. Good cause for this purpose includes the following in relation to
Contract No. 2017-035 Page 41
the listed DBE subconsultant:
1. Fails or refuses to execute a written contract.
2. Fails or refuses to perform the work of its subcontract in a way consistent with normal industry
practice standards, However, good cause does not exist if the failure or refusal of the DBE
subconsultant to perform its work on the subcontract results from the bad faith or discriminatory
action of the prime consultant.
3. Fails or refuses to meet the prime consultant's reasonable, nondiscriminatory insurance/bond
requirements.
4. Becomes bankrupt, insolvent, or exhibits credit unworthiness.
5. Is ineligible to work on public works projects because of suspension and debarment proceedings
pursuant to federal or state law.
6. Is not a responsible consultant.
7. Voluntarily withdraws from the project and provides written notice of its withdrawal to the
LPA/Subrecipient.
8. Is ineligible to receive DBE credit for the type of work required
9. A DBE owner dies or becomes disabled with the result that the firm is unable to complete its
work on the contract.
10. Other documented good cause that the LPA/Subrecipient determines compels the termination
or substitution of the DBE subconsultant,
If good cause is determined, the LPA/Subrecipient and will notify the Consultant of the decision
and necessary modifications to the contract can be made.
22.05 DBE Replacement Good Faith Effort:
If the LPA/Subrecipient, with BECO concurrence, approves the termination of a DBE, the
consultant shall make good faith efforts to find another DBE subconsultant to substitute for the
original DBE. The good faith efforts as identified in DBE Subsection 17.0 shall be directed at
finding another DBE to perform at least the same amount of work under the contract as the DBE
that was terminated, to the extent needed to meet the contract goal. The good faith efforts shall be
documented and provided, upon request, to the LPA/Subrecipient within seven calendar days from
the date of the request.
A prime consultant's inability to find a replacement DBE at the original price is not alone sufficient
to support a finding that good faith efforts have been made to replace the original DBE. The fact
that the consultant has the ability and/or desire to perform the contract work with its own forces
does not relieve the consultant of the obligation to make good faith efforts to find the replacement
DBE, and it is not a sound basis for rejecting a perspective replacement DBE's reasonable quote.
The termination of a DBE firm shall not relieve the consultant of its obligations under this Special
Provision, and the unpaid portion of the terminated DBE firm's subcontract will not be counted
toward the DBE goal. If the LPA/Subrecipient has eliminated items of work subcontracted to a
• committed DBE, the prime consultant shall still make good faith efforts to replace the DBE with
another DBE to the extent necessary to meet the goal. The LPA/Subrecipient will review the
quality, thoroughness, and intensity of those efforts.
Contract No. 2017-035 Page 42
When a DBE substitution has been approved by the LPA/Subrecipient and concurred by BECO,
the consultant shall submit an amended DBE Intended Participation Affidavit Individual and
Intended Participation Affidavit Summary to the LPNSubrecipient for approval with the substitute
DBE's name, description of work, NAICS code, AZ UTRACS registration number, and dollar value
of work. Approval from LPA/Subrecipient with BECO concurrence must be obtained prior to the
execution of a contract modification and before substituted DBE can begin work.
22.06 Sanctions:
Failure by the consultant to carry out the requirements of these DBE Termination/Substitution
specifications is a material breach of contract and will result in such remedies as LPA/Subrecipient
deems appropriate, with ADOT concurrence, which will include, but are not limited to the
assessment of liquidated damages. The LPA/Subrecipient will deduct from monies due or
becoming due the consultant, the dollar amount of the wrongfully substituted/replaced DBE
subcontract plus 25% of the amount remaining to be paid to the DBE as liquidated damages.
These liquidated damages shall be in addition to all other retention or liquidated damages provided
for elsewhere in the contract.
23.0 Certification of Final DBE Payments:
The consultant's achievement of the goal is measured by actual payments made to the DBEs. The
consultant shall submit the "Certification of Final DBE Payments" form for each DBE firm working
on the contract. This form shall be signed by the consultant and the relevant DBE, and submitted to
the LPA/Subrecipient no later than 30 days after the DBE completes its work.
The LPA/Subrecipient and ADOT will use this certification and other information available to
determine applicable DBE credit allowed to date by the Prime Consultant and the extent to which
the DBE firms were fully paid for that work. By the act of filing the forms, the consultant
acknowledges that the informafion is supplied in order to justify the payment of state and federal
funds to the consultant.
The consultant will not be released from the obligations of the contract until the "Certification of
Final DBE Payments" forms are received and deemed acceptable by the LPA/Subrecipient.
24.0 Sanctions for Not Meeting Contract DBE Goal:
If the LPA/Subrecipient determines, with BECO concurrence, that the consultant has not met the
DBE goal at the end of the contract, the LPA/Subrecipient will, at its discretion, may assess
liquidated damages up to two times the amount of the unattained portion of the original DBE goal,
based on the circumstances of the noncompliance. Not meeting the DBE goal will also be reflected
in the consultant evaluation.
The LPA/Subrecipierit, with BECO concurrence, will determine whether liquidated damages will be
assessed and the amount of the liquidate damages, the LPA/Subrecipient will consider whether
there have been other violations on this or other contracts, whether the failure was due to
circumstances beyond the control of the consultant, whether the consultant has made good faith
Contract No. 2017-035 Page 43
efforts to meet the goal, and other appropriate circumstances.
In addition to any other sanctions, willful failure of the consultant, DBE or other subconsultant to
comply with this contract or with the Federal DBE regulations may result in disqualification from
further contracting, subcontracting, or other participation in the Department's and LPA/Subrecipient
projects.
25.0 False, Fraudulent, or Dishonest Conduct:
In addition to any other remedies or actions, the Department will bring to the attention of the US
Department of Transportation any appearance of false, fraudulent, or dishonest conduct in
connection with the DBE program, so that USDOT can take steps such as referral to the
Department of Justice for criminal prosecution, referral to the USDOT Inspector General for
possible initiation of suspension and debarment proceedings against the offending parties or
application of "Program Fraud and Civil Penalties" rules provided in 49 CFR Part 31.
SECTION XXXVI—ENVIRONMENTAL PROTECTION
CONSULTANT is required to comply with all applicable standards, orders or requirements issued
under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part
15) which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on
the EPA list of Violating Facilities. Violations shall be reported to the Federal Highway Administration
and to the US.E.P.A. Assistant Administrator for Enforcement (EN-329).
SECTION XXXVII—ENERGY CONSERVATION
CONSULTANT is required to comply with mandatory standards and policies, as applicable, relating to
energy efficiency which are contained in the State Energy Conservation Plan issued by the State of
Arizona in compliance with the Energy Policy and Conservation Act (Pl. 94-163).
SECTION XXXVIII - PATENTS AND COPYRIGHTS
All services, information, computer program elements, reports and other deliverables which
might be patented or copyrighted and created under this Contract are the property of the
COUNTY and shall not be used or released by the CONSULTANT or any other person except
with the prior written approval by the COUNTY.
SECTION XXXIX - FRAUD AND FALSE STATEMENTS
The CONSULTANT understands that, if the project which is the subject of this Contract is
financed in whole or in part by federal funds, that if the undersigned, the company that the
CONSULTANT represents, or any employee or agent thereof, knowingly makes any false
statement, representation, report or claim as to the character, quality, quantity, or cost of
material used or to be used, or quantity or quality work performed or to be performed, or makes
any false statement or representation of a material fact in any statement, certificate, or report,
the CONSULTANT and any company that the CONSULTANT represents may be subject to
prosecution under the provision of 18 USC §1001 and §1020.
Contract No. 2017-035 Page 44
SECTION XL FEDERAL IMMIGRATION AND NATIONALITY ACT
A. GENERAL
The CONSULTANT, including all Subconsultants, shall comply with ail federal, state and
local immigration laws and regulations, as set forth in Arizona Executive Order 2005-30,
relating to the immigration status of their employees who perform services on the Contract
during the duration of the Contract. The COUNTY shall retain the right to perform random
audits of CONSULTANT and Subconsultants' records or to inspect papers of any employee
thereof to ensure compliance.
The CONSULTANT shall include the provisions of this Section in all its subcontracts. In
addition, the CONSULTANT shall require that all Subconsultants comply with the
provisions of this Section, monitor such Subconsultants' compliance, and assist the
COUNTY in any compliance verification regarding its Subconsultant(s).
B. COMPLIANCE REQUIREMENTS
The COUNTY retains the legal right to inspect the papers or records of the CONSULTANT
and its Subconsultants who works on this Contract to ensure compliance with A.R.S.
§41-4401, Government Procurement, E-Verify Requirements; Sanctions.
By submission of an SOQ proposal, the CONSULTANT warrants that the
CONSULTANT and all proposed Subconsultant(s) are and shall remain in compliance
with:
1. All federal, state and local immigration laws and regulations relating to the immigration
status of their employees who perform services on the Contract; and
2. A.R.S. §23-214 (A) which states "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."
A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the Contract, and the CONSULTANT and its Subconsultant(s)
are subject to sanctions specified in Section D below.
Failure to comply with a COUNTY audit process to randomly verify the employment records
of CONSULTANT and Subconsultants shall be deemed a material breach of the Contract,
and the CONSULTANT and Subconsultants are subject to sanctions specified in Section D
below.
C. COMPLIANCE VERIFICATION
The COUNTY may, at its sole discretion, require evidence of compliance from
the CONSULTANT and its Subconsultant(s).
Should the COUNTY request evidence of compliance, the CONSULTANT shall complete
and return the Consultant Employment Record Verification Form and Employee Verification
Worksheet provided by the COUNTY, no later than 21 days from receipt of the request for
such information,
Contract No. 2017-035 Page 45
Listing of the compliance verification procedure specified above does not preclude the
COUNTY from utilizing other means to determine compliance.
The COUNTY retains the legal right to inspect the papers of any employee who works on
the Contract to ensure that the CONSULTANT and its Subconsultant(s) is/are complying
with the warranty specified in this.
D. SANCTIONS FOR NONCOMPLIANCE
For purposes of this paragraph, noncompliance refers to either the CONSULTANTs or its
Subconsultants' failure to follow the immigration laws or to the CONSULTANT's failure
to provide records when requested. Failure to comply with the immigration laws or to
submit proof of compliance constitutes a material breach of Contract. At a minimum, the
COUNTY shall reduce the CONSULTANT's compensation by $10,000 for the initial
instance of noncompliance by the CONSULTANT or its Subconsultant(s). If the same
CONSULTANT or its Subconsultant(s) is in noncompliance within two (2) years from the
initial noncompliance, the CONSULTANT's compensation shall be reduced by a minimum
of $10,000 for each instance of noncompliance. The third instance by the same
CONSULTANT or its Subconsultant(s) within a two (2) year period may result in addition to
the minimum $50,000 reduction in compensation, in removal of the offending
CONSULTANT or its Subconsultant(s), suspension of work in whole or in part or, in the
case of a third violation by the CONSULTANT, termination of the Contract for default.
Instances of noncompliance are counted on a firm-wide basis, not on a contract-by-contract
basis.
In addition, the COUNTY may declare the CONSULTANT or its Subconsultant(s) who is in
noncompliance three times within a two (2) year period ineligible to perform on any
COUNTY Contract for up to one (1) year. For purposes of considering a declaration of
ineligibility: (1) noncompliance by a Subconsultant does not count as a violation by the
CONSULTANT; and (2) the COUNTY shall count instances of noncompliance on other
COUNTY Contracts.
The sanctions described herein are the minimum sanctions, In case of major violations,
the COUNTY reserves the right to impose any sanctions including and up to termination
and debarment, regardless of the number of instances of non-compliance.
Any delay resulting from compliance verification or a sanction under this subsection is a
non-excusable delay, The CONSULTANT is not entitled to any compensation or
extension of time for any delays or additional costs resulting from compliance verification
or a sanction under this Section.
An example of the minimum sanctions under this subsection is presented
in the table below:
Offense by:
Minimum
Reduction in
Consultant Su bconsultant A Subconsultant B Compensation
Contract No. 2017-035 Page 46
First $10,000
First $10,000
Second $50,000
First $10,000
Third $50,000*
* May, in addition, result in removal and debarment of the Subconsultant.
SECTION XLI - PANDEMIC CONTRACTUAL PERFORMANCE
A. The COUNTY shall require a written plan that illustrates how the CONSULTANT shall
perform up to contractual standards in the event of a pandemic. The COUNTY may require
a copy of the plan at any time prior to or at post-award phase of the Contract. At a
minimum, the pandemic performance plan shall include:
1. Key succession and performance planning if there is a sudden significant decrease
in the CONSULTANT's workforce.
2. Alternative methods to ensure adequate work force,
3. An updated list of the CONSULTANT's contacts and organizational chart.
B. In the event of a pandemic, as declared by the Governor of Arizona, U.S, Government
or the World Health Organization (WHO), which makes performance of any term under
this Contract impossible or impracticable, the COUNTY shall have the following rights:
1. After the official declaration of a pandemic, the COUNTY may temporarily place the
Contract(s) on "HOLD," in whole or in part, if the CONSULTANT cannot perform to the
standards agreed upon in the initial terms.
2. The COUNTY shall not incur any liability if a pandemic is declared and emergency
procurements are authorized by the Chief Procurement Officer pursuant to MC1-353 of
the Maricopa County Procurement Code.
3. Once the pandemic is officially declared over or the CONSULTANT can demonstrate
the ability to perform, the COUNTY, at its sole discretion may reinstate the temporarily
voided Contract(s).
C. The COUNTY, at any time, may request to see a copy of the written plan from the
CONSULTANT. The CONSULTANT shall produce the written plan within 72 hours of the
request.
SECTION XLII - PERFORMANCE EVALUATIONS
The CONSULTANT's performance shall be evaluated periodically in accordance with the
schedule set forth in APPENDIX D of this Contract, Final Consultant evaluations for Contracts
executed after July 1, 2015, shall be considered in the future CONSULTANT selection
process as outlined in the Appendix.
Contract No. 2017-035 Page 47
SECTION XLIII- CONTRACT COMPLETION
When technical review establishes that all phases of the Contract have been completed to
the satisfaction of the COUNTY, a written concurrence is completed and signed by the
COUNTY to initiate the Contract closeout phase. The CONSULTANT is notified, in writing, of
the final closeout procedure which may include submittal of the final Payment Report,
deliverables and the final audit, if applicable, of the CONSULTANT and all Subconsultant's
records. The CONSULTANT shall submit all required deliverables as detailed in the Contract,
SECTION XLIV— INFLUENCE
As prescribed in MCI -1203 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct,
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or
educational passes or tickets, or any type of valuable contribution or subsidy,
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 Maricopa County, the 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 XXLV . INSURANCE REQUIREMENTS
CONSULTANT, at 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 A7. 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
COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY.
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 COUNTY, constitute a material breach of
this contract.
CONSULTANT's insurance shall be primary insurance as respects COUNTY, and any insurance
or self-insurance maintained by COUNTY shall not contribute to it.
CONSULTANTS' certificate(s) shall include all subconsultants as insured under its policies or the
CONSULTANT shall furnish to MCDOT separate certificates and endorsements for each
Contract No. 2017-035 Page 48
subconsultant. All coverages for subconsultants shall be subject to the minimum requirements
identified for the consultant. The State of Arizona reserves the right to require complete copies of
all insurance policies required by this Contract at any time.
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 COUNTY'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 COUNTY under such policies. CONSULTANT shall be solely responsible for the
deductible and/or self-insured retention and COUNTY, at its option, may require CONSULTANT to
secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
COUNTY reserves the right to request and to receive, within 10 working days, certified copies of
any or all of the herein required insurance policies and/or endorsements. COUNTY shall not be
obligated, however, to review such policies and/or endorsements or to advise CONSULTANT of
any deficiencies in such policies and endorsements, and such receipt shall not relieve
CONSULTANT from, or be deemed a waiver of COUNTY's right to insist on strict fulfillment of
CONSULTANT's obligations under this contract,
The insurance policies required by this contract, except Workers' Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials,
employees, Arizona Department of Transportation, and State of Arizona 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 COUNTY, its agents,
representatives, officers, directors, officials and employees for any claims arising out of
CONSULTANT's work or service.
CONSULTANT is required to procure and maintain the following coverages:
1, Commercial General Liability. Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence,
$4,000,000 Products/Completed Operations Aggregate, $2,000,000 Personal & Advertising
Injury, 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 which 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.
2. Automobile Liability. Commercial/Business Automobile Liability insurance and, if
unnecessary, 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
Contract No. 2017-035 Page 49
CONSULTANT's owned, hired, and non-owned vehicles assigned to or used in performance
of the CONSULTANT's work or services under this contract.
3. Workers' Compensation. Workers Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of 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.
CONSULTANT waives all rights against COUNTY and its 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
CONSULTANT pursuant to this agreement.
4. Errors and Omissions Insurance. Errors and Omissions insurance and, if
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, CONSULTANT shall furnish COUNTY
with Certificates of Insurance in a form acceptable to COUNTY, or formal endorsements as
required by the contract in the form provided by the COUNTY, issued by CONSULTANT's
insurer(s), as evidence that policies providing the required coverages, conditions and limits
required by this contract are in full force and effect. Such certificates shall identify this contract
number and 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 years past completion and acceptance of 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 COUNTY
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 COUNTY.
SECTION XLVI — TITLE VI
The Maricopa County Department of Transportation, in accordance with the provisions of Title VI of
the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby
notifies all advertisement, disadvantaged business enterprises will be afforded full and fair
Contract No. 2017-035 Page SO
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award,
(END OF SECTION)
Contract No. 2017-035 Page 51
In WITNESS WHEREOF, the parties herein have executed this Contract,
T.Y. LIN INTERNATIONAL, INC.
By
Principal of the Firm
Printed Name
Title
Date
Tax Identification Number
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY CERTIFICATE OF INSURANCE APPROVED
By
Jennifer Toth, RE.
Transportation Director/County Engineer
By
Risk Manager
Date
LEGAL REVIEW ACCEPTED AND APPROVED
Approved as to form and within the
Powers and authority granted under the By
Laws of the State of Arizona to Chairman, Board of Supervisors
Maricopa County.
ATTEST
Deputy County Counsel Clerk of the Board
Date Date
Contract No. 2017-035 Page 52
Attachment 1— Construction and Professional Services/Design
Contracts Prompt Pay and Payment Reporting Provisions
CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS
PROMPT PAY AND PAYMENT REPORTING PROVISIONS
** FOR USE ON LPA FEDERAL AID PROJECTS **
(09/20/2016)
MEASUREMENTS AND PAYMENT:
Partial Payments:
If satisfactory progress is being made, the contractor will receive a payment based on the
amount of work completed. Progress payments may be made by the LPA/ Subrecipient
Procurement Office to the contractor on the basis of an approved estimate of the work
performed during a preceding period of time. The progress payments shall be paid on or
before 14 days after the estimate of the work is approved. The estimate of the work shall be
deemed received by the LPA/Subrecipient Procurement Office on submission to the person
designated by the LPA/Subrecipient Procurement Office for the submission, review or
approval of the estimate of the work. The LPA/Subrecipient Procurement Office by mutual
agreement may make progress payments on contracts of less than 90 days and shall make
monthly progress payments on all other contracts. Payment to the contractor on the basis of
a duly certified and approved estimate of the work performed during the preceding calendar
month under the contract may include payment for material and equipment.
An estimate of the work submitted shall be deemed approved and certified for payment after
seven days from the date of submission unless before that time the LPA/Subrecipient
Procurement Office or Designee prepares and issues a specific written finding setting forth
those items in detail in the estimate of the work that are not approved for payment under the
contract. The contractor shall work with the LPA/Subrecipient or the LPA/Subrecipient
Designee to finalize monthly estimate. The progress payments shall be paid on or before
14 days after the estimate of the work is certified and approved in accordance with Arizona
Revised Statutes Section 34-221.
The contractor shall pay to the contractor's subcontractors or material suppliers and each
subcontractor shall pay to the subcontractor's subcontractor or material supplier, within
seven days of receipt of each progress payment the respective amounts allowed the
contractor or subcontractor on account of the work performed by the subcontractors, to the
extent of each subcontractor's interest, except that no contract for construction services may
materially alter the rights of any contractor, subcontractor or material supplier to receive
prompt and timely payment.
A subcontractor may notify the LPA/Subrecipient Procurement Office in writing requesting
that the subcontractor be notified by the Subrecipient Procurement Office in writing within
five days from payment of each progress payment made to the contractor.
Prompt Pay and Payment Reporting Provisions- 1/5
Subcontractor Payments:
(1) Retention:
If the prime contract does not provide for retention, the contractor and each subcontractor of
any tier shall not withhold retention on any subcontract. If the prime contract provides for
retention, the prime contractor and each subcontractor of any tier shall not retain a higher
percentage than the LPA/Subrecipient may retain under the prime contract.
(2) No Set-offs Arising from Other Contracts:
If a subcontractor is performing work on multiple contracts for the same contractor or
subcontractor of any tier, the contractor or subcontractor of any tier shall not withhold or
reduce payment from its subcontractors on the contract because of disputes or claims on
another contract.
(3) Partial Payment:
The contractor and each subcontractor of any tier shall make prompt partial payments to its
subcontractors within seven days of receipt of payment from the LPA/Subrecipient
Procurement Office. Notwithstanding any provision of Arizona Revised Statutes Section 34-
221, the parties may not agree otherwise.
(4) Final Payment:
The contractor and each subcontractor of any tier shall make prompt final payment to each
of its subcontractors. The contractor and each subcontractor of any tier shall pay all
monies, including retention, due to its subcontractor within seven days of receipt of
payment. Notwithstanding any provision of Arizona Revised Statutes Section 34-221, the
parties may not agree otherwise.
(5) Payment Reporting:
For the purposes of this subsection "Reportable Contracts" means any subcontract, of any
tier, DBE or non-DBE, by which work shall be performed on behalf of the contractor and any
contract of any tier with a DBE material supplier.
The requirements of this subsection apply to all Reportable Contracts.
Payment Reporting for all Reportable Contracts shall be done through the LPA DBE System
which can be accessed at AZ UTRACS on the Arizona Transportation Business Portal at
www.azutracs.com . No later than fifteen calendar days after the preconstruction conference,
the contractor shall log into the system and enter or verify the name, contact information,
and subcontract amounts for Reportable Contracts on the project. As Reportable Contracts
are approved over the course of the contract, the contractor shall enter the subcontractor
information in the LPA DBE System. Reportable contracts information shall be entered into
Prompt Pay and Payment Reporting Provisions- 2/5
the system no later than five calendar days after approval by the LPA/Subrecipient
Procurement Office.
The contractor shall report on a monthly basis indicating the amounts actually paid and the
dates of each payment under any Reportable Contract on the project. The contractor shall
provide information for payments made on all Reportable Contracts during the previous
month by the last day of the current month. In the event that no payments were made during
a given month, the contractor shall identify that by entering a dollar value of zero. If the
contractor does not pay the full amount of any invoice from a subcontractor, the contractor
shall note that and provide the reasons in the comment section of the Monthly Payment
Audit of the LPA DBE System.
In addition, the contractor shall require that all participants in any Reportable Contract
electronically verify receipt of payment on the contract within 15 days of receipt of electronic
payment notification and the contractor shall actively monitor the system to ensure that the
verifications are input. The contractor shall proactively work to resolve any payment
discrepancies in the system between payment amounts it reports and payment confirmation
amounts reported by others.
The contractor shall ensure that all Reportable Contract payment activity is in the LPA DBE
System. This includes all lower-tier Reportable Contracts.
The contractor shall maintain records for each payment explaining the amount requested by
the subcontractor, and the amount actually paid pursuant to the request, which may include
but are not limited to, estimates, invoices, pay requests, copies of checks or wire transfers,
and lien waivers in support of the monthly payments in the system.
The contractor shall ensure that a copy of this Subsection is included in every Reportable
Contract of every tier.
(a) Sanctions for Inadequate Reporting:
For each Reportable Contract on which the contractor fails to submit timely and complete
payment information the LPA/Subrecipient Procurement Office will retain $1,000.00 as
liquidated damages, from the monies due to the contractor. Liquidated damages will be
deducted each month for each Reportable Contract on which the contractor fails to submit
payment information until the contractor provides the required information as described
herein. After 90 consecutive days of non-reporting, the liquidated damages will increase to
$2,000.00 for each subsequent month, for each Reportable Contract on which the
contractor fails to report until the information is provided. These liquidated damages shall
be in addition to all other retention or liquidated damages provided for elsewhere in the
contract.
(6) Completion of Work:
A subcontractor's work is satisfactorily completed when all the tasks called for in the
subcontract have been accomplished, documented, and accepted by the LPA/Subrecipient
Procurement Office.
Prompt Pay and Payment Reporting Provisions- 315
(7) Disputes:
If there is a discrepancy between what is reported by the contractor in the LPA DBE System
and what the subcontractor indicates, an alert email will automatically be sent to the
contractor. The email will be sent to the email address provided by the contractor in the
LPA DBE System. It is the contractor's responsibility to ensure that the email address in the
system is kept current.
The contractor shall provide a verifiable explanation of the discrepancy in the LPA DBE
System as early as practicable but in no case later than seven days after the date of the
alert email.
The LPA/Subrecipient will determine whether the contractor has acted in good faith
concerning any such explanations. The LPA/Subrecipient and ADOT BECO reserves the
right to request and receive documents from the contractor and all subcontractors of any
tier, in order to determine whether prompt payment requirements are met.
The contractor shall implement and use the dispute resolution process outlined in the
subcontract or by following the LPA/Subcrecipient escalation process, to resolve payment
disputes.
(8) Non-compliance:
Failure to make prompt partial payment, or prompt final payment including any retention,
within the time frames established above, will result in remedies, as the LPA/Subrecipient
Procurement Office deems appropriate, which may include but are not limited to:
(a) Liquidated Damages: These liquidated damages shall be in addition to all
other retention or liquidated damages provided for elsewhere in the
contract.
(i) The LPA/Subrecipient Procurement Office will withhold two times the
disputed dollar amount not paid to each subcontractor.
(ii) If full payment is made within 30 days of the LPASubrecipient
Procurement Office's payment to the contractor, the amount withheld by
the LPA/Subrecipient Procurement Office will be released.
(iii) If full payment is made after 30 days of the LPA/Subrecipient
Procurement Office's payment to the contractor, the LPA/Subrecipient
Procurement Office will release 75 percent of the funds withheld. The
LPA/Subrecipient Procurement Office will retain 25 percent of the
monies withheld as liquidated damages.
(b) Additional Remedies. If the contractor fails to make prompt payment for
three consecutive months, or any four months over the course of one
Prompt Pay and Payment Reporting Provisions- 4/5
project, or if the contractor fails to make prompt payment on two or more
projects within 24 months, the LPA/Subrecipient Procurement Office may,
in addition, invoke the following remedies:
(i) Withhold monthly progress payments until the issue is resolved and full
payment has been made to all subcontractors, subject to the liquidated
damages described in paragraph (a) above,
(ii) Terminate the contract for default,
(iii) Disqualify the contractor from future bidding, temporarily or
permanently, depending on the number and severity of violations, if
applicable.
In determining whether liquidated damages will be assessed, the extent of the liquidated
damages, or additional remedies assessed, the LPA/Subrecipient will consider whether
there have been other violations on this or other federal-aid contracts, whether the failure to
make prompt payment was due to circumstances beyond the contractor's control, and other
circumstances. The contractor may, within 15 calendar days of receipt of the decision of the
LPA/Subrecipient, escalate the decision according to the contract's escalation process.
Prompt Pay and Payment Reporting Provisions-5/5
Attachment 2 — Appendix C — Part 26 Participation by DBE in
Department of Transportation Financial Assistance Programs (with Part
26 Appendix A — Guidance Concerning Good Faith Efforts)
TITLE 49- TRANSPORTATION
Subtitle A Office of the Secretary of Transportation
PART 26 PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF
TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS
(Code of Federal Regulations); [Title 49, Volume 11; [Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access; [CITE; 49CER26.55]; [Page 300-302]
Subpart C Goals, Good Faith Efforts, and Counting
§26.55 - How is DBE participation counted toward goals?
(a) When a DBE participates in a contract, you count only the value of the work actually performed by the DBE
toward DBE goals,
(1) count the entire amount of that portion of a construction contract (or other contract not covered by
paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of supplies
and materials obtained by the DBE for the work of the contract, including supplies purchased or
equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases
from the prime contractor or its affiliate).
(2) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service,
such as professional, technical, consultant, or managerial services, or for providing bonds or insurance
specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided you
determine the fee to be reasonable and not excessive as compared with fees customarily allowed for
similar services.
(3) When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted
work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE
subcontracts to a non-DBE firm does not count toward DBE goals.
(b) When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the
contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with
Its own forces toward DBE goals.
(c) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful
function on that contract.
(1) A DBE performs a commercially useful function when it is responsible for execution of the work of the
contract and is carrying out Its responsibilities by actually performing, managing, and supervising the
work involved. To perform a commercially useful function, the DBE shall also be responsible, with respect
to materials and supplies used on the contract, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for the material itself. To determine
whether a DBE is performing a commercially useful function, you shall evaluate the amount of work
subcontracted, industry practices, whether the amount the firm Is to be paid under the contract is
commensurate with the work it is actually performing and the DBE credit claimed for its performance of
the work, and other relevant factors.
(2) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant
in a transaction, contract, or project through which funds are passed in order to obtain the appearance
of DBE participation. In determining whether a DBE is such an extra participant, you shall examine similar
transactions, particularly those in which DBEs du not participate.
(3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of Its contract
with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would
be expected on the basis of normal industry practice for the type of work involved, you must presume
that It is not performing a commercially useful function.
(4) When a DBE is presumed not to be performing a commercially useful function as provided in paragraph
(c)(3) of this section, the DBE may present evidence to rebut this presumption. You may determine that
BECO 4/22/14
the firm is performing a commercially useful function given the type of work involved and normal industry
practices.
(5) Your decisions on commercially useful function matters are subject to review by the concerned operating
administration, but are not administratively appealable to DOT.
(d) Use the following factors in determining whether a DBE trucking company Is performing a commercially useful
function:
(1) The DBE shall be responsible for the management and supervision of the entire trucking operation for
which It is responsible on a particular contract, and there cannot be a contrived arrangement for the
purpose of meeting OBE goals.
(2) The DBE shall itself own and operate at least one fully licensed, insured, and operational truck used on
the contract.
(3) The OBE receives credit for the total value of the transportation services it provides on the contract
using trucks it owns, insures, and operates using drivers it employs.
(4) The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE.
The DBE who leases trucks from another DBE receives credit for the total value of the transportation
services the lessee DBE provides on the contract.
(5) The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE who
leases trucks from a non-DBE is entitled to credit for the total value of transportation services provided
by non-DBE lessees not to exceed the value of transportation services provided by DBE-owned trucks on
The contract. Additional participation by non-DBE lessees receives credit only for the fee or commission
It receives as a result of the lease arrangement. If a recipient chooses this approach, it shall obtain written
consent from the appropriate Department Operating Administration.
Example to this paragraph (d)(5): DBE Firm X uses two (2) of its own trucks on a contract. It leases two (2)
trucks from DBE Firm Y and six (6) trucks from non-DBE Firm Z. DBE credit would be awarded for the total
value of transportation services provided by Firm X and Firm Y, and may also be awarded for the total
value of transportation services provided by four (4) of the six (6) trucks provided by Firm Z. In all, full
credit would be allowed for the participation of eight (8) trucks. With respect to the other two trucks
provided by Firm Z, OBE credit could be awarded only for the fees or commissions pertaining to those
trucks Firm X receives as a result of the lease with Firm Z.
(6) For purposes of this paragraph (d), a lease shall indicate that the DBE has exclusive use of and control
over the truck. This does not preclude the leased truck from working for others during the term of the
lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased
truck. Leased trucks shall display the name and Identification number of the D13E.
(e) Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following:
(1) (1) If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of
the materials or supplies toward DBE goals.
(11) For purposes of this paragraph (e)(1), a manufacturer is a firm that operates or maintains a factory
or establishment that produces, on the promises, the materials, supplies, articles, or equipment
required under the contract and of the general character described by the specifications.
(2) (1) if the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of
the materials or supplies toward DBE goals.
(ii) For purposes of this section, a regular dealer is a firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials, supplies, articles or equipment of the
general character described by the specifications and required under the contract are bought, kept
in stock, and regularly sold or leased to the public In the usual course of business.
(A) To be a regular dealer, the firm shall be an established, regular business that engages, as its
principal business and under its own name, In the purchase and sale or lease of the products
in question.
(B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement,
gravel, stone, or asphalt without owning, operating, or maintaining a place of business as
provided in this paragraph (e)(2)(0) if the person both owns and operates distribution
F3ECO 4/22/14
equipment for the products. Any supplementing of regular dealers' own distribution
equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-
contract basis.
(C) Packagers, brokers, manufacturers' representatives, or other persons who arrange or
expedite transactions are not regular dealers within the meaning of this paragraph (e)(2),
(3) With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a
regular deafer, count the entire amount of fees or commissions charged for assistance in the
procurement of the materials and supplies, or fees or transportation charges for the delivery of
materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be
reasonable and not excessive as compared with fees customarily allowed for similar services. Do not
count any portion of the cost of the materials and supplies themselves toward DBE goals, however.
(f) if a firm is not currently certified as a DBE in accordance with the standards of subpart 0 of this part at the
time of the execution of the contract, do not count the firm's participation toward any DBE goals, except as
provided for in Sec, 26,87(1).
(g) Do not count the dollar value of work performed under a contract with a firm after it has ceased to be certified
toward your overall goal.
(h) Do not count the participation of a DBE subcontractor toward a contractor's final compliance with its DBE
obligations on a contract until the amount being counted has actually been paid to the DBE,
(64 FR 5126, Feb. 2, 1999, as amended at 65 FR 68951, Nov. 15, 2000; 68 FR 35554, June 16, 2003]
BECO 4/22/14
APPENDIX A TO 49 CFR PART 26
GUIDANCE CONCERNING GOOD FAITH EFFORTS
NoTE: In the following section of the Federal requirements the "you" means the agency (ADOT).
When, as a recipient, you establish a contract goal on a DOT-assisted contract, a bidder must, in order to be
responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this
requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for
participation by DBE firms sufficient for this purpose. Second, even lilt doesn't meet the goal, the bidder can
document adequate good faith efforts. This means that the bidder must show that it took all necessary and
reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even If
they were not fully successful.
II. In any situation in which you have established a contract goal, part 2.6 requires you to use the good faith
efforts mechanism of this part. As a recipient, It is up to you to make a fair and reasonable judgment whether
a bidder that did not meet the goal made adequate good faith efforts. It is Important for you to consider the
quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed
by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively
and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma
efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your
determination concerning the sufficiency of the firm's good faith efforts is a judgment call: meeting
quantitative formulas is not required,
III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (I.e., obtain a
specified amount of DBE participation) In order to be awarded a contract, even though the bidder makes an
adequate good faith efforts showing. This rule specifically prohibits you from Ignoring bona fide good faith
efforts.
IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts
to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it Intended to be exclusive
or exhaustive. Other factors or types of efforts may be relevant In appropriate cases.
A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising
and/or written notices) the interest of all certified OBEs who have the capability to perform the work of
the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to
the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate
steps to follow up initial solicitations.
B. Selecting portions of the work to be performed by DBEs in order to Increase the likelihood that the DBE
goals will be achieved. This includes, where appropriate, breaking out contract work items Into
economically feasible units to facilitate DBE participation, even when the prime contractor might
otherwise prefer to perform these work items with its own forces.
C. Providing interested DBEs with adequate information about the plans, specifications, and requirements
of the contract In a timely manner to assist them In responding to a solicitation.
D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of
the work available to DBE subcontractors and suppliers and to select those portions of the work or
material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate
DBE participation. Evidence of such negotiation includes the names, addresses, and telephone
RECO 4/22/14
numbers of DBEs that were considered; a description of the information provided regarding the
plans and specifications for the work selected for subcontracting; and evidence as to why additional
agreements could not be reached for DBEs to perform the work.
(2) A bidder using good business judgment would consider a number of factors in negotiating with
subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well
as contract goals into consideration. However, the fact that there may be some additional costs
Involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the
contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime
contractor to perform the work of a contract with its own organization does not relieve the bidder
of the responsibility to make good faith efforts. Prime contractors are not, however, required to
accept higher quotes from DBEs if the price difference is excessive or unreasonable.
E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their
capabilities. The contractor's standing within its industry, membership in specific groups, organizations,
or associations and political or social affiliations (for example union vs, non-union employee status) are
not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the
project goal.
F. Making efforts to assist interested DBEs In obtaining bonding, lines of credit, or insurance as required by
the recipient or contractor.
G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related
assistance or services.
H. Effectively using the services of available minority/women community organizations; minority/women
contractors' groups; local, state, and Federal minority/women business assistance offices; and other
organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement
of DBEs,
V. In determining whether a bidder has made good faith efforts, you may take into account the Performance of
other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the
contract goal, but others meet it, you may reasonably raise the question of whether, with additional
reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder
fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you
may view this, In conjunction with other factors, as evidence of the apparent successful bidder having made
good faith efforts.
Note: Contacting the Business Engagement and Compliance Office for assistance In identifying certified DBEs that
can perform work on a contract or task order is also considered a strong factor in making good faith efforts.
DECO 4/22/14
Attachment 3 — Appendix D — Consultant Evaluation Program
Guidelines
Maricopa County Department of Transportation
Consultant Evaluation Program Guidelines
Introduction & Purpose
The Consultant Evaluation Program is a program administered by MCDOT as a means to
monitor and evaluate the quality of work performed on engineering consultant
contracts, and to meet the federal requirement under 23 CFR 172.
A positive approach to the program assures that project schedule, cost, and quality of
design and construction are attainable. This assures that potential problems that may
impact other projects are identified and resolved in a timely manner.
All engineering consultant contracts shall be evaluated annually based on the Notice to
Proceed (NTP) anniversary date by the MCDOT Project Manager, including other
Technical groups in accordance with applicable contract provisions. In addition to
annual evaluations, a final consultant evaluation must be conducted at the end of all
engineering consultant contracts.
Implementation Timeline
This evaluation program will be effective for all engineering consultant contracts with a
Notice to Proceed date of July 1, 2015 or later.
Uses for Consultant Evaluation
Consultant Evaluations will be used for the following purposes:
1. To identify consultant performance strengths and weakness, as well as help
identify, document and resolve performance issues as needed.
2. As one factor or criterion in the selection process for subsequent contracts. Final
evaluations for contracts executed after July 1, 2015 will be used as part of the
selection process. Up to 5 points may be deducted from a consultant score
during the selection process for final evaluation ratings of less than 3 (average
performance) on performance factors of evaluation for projects a firm has
completed for MCDOT over a three year time period.
Evaluation history to be used for selection will include evaluation scores
encompassing the most current three-year period at any given time. The three-
year evaluation history will be maintained for firm contracts executed after July
1, 2015. For example, a firm's evaluation history in FY 2018 would include
scores from Pi' 2015 through FY 2018, in FY 2019; the evaluation history would
include FY 2016 through 2019.
MCDOT will deduct points from the scores of submitted Statements of
Qualifications (SOQ) for each firm based on performance rating as follows:
Performance rating of 1 or 2 on 1-2 evaluation factors -1 points
Performance rating of 1 or 2 on 3-4 evaluation factors -2 points
Performance rating of 1 or 2 on 5-6 evaluation factors -3 points
Performance rating of 1 or 2 on 7-8 evaluation factors -4 points
Performance rating of 1 or 2 on 9 or more evaluation factors -5 points
3. As documentation to justify the declaration of a breach of contract for a
consultant's failure to fulfill terms of the contract or to address problems
identified by MCDOT in the performance of the contract. In order for MCDOT to
take action that could declare a breach of contract, the MCDOT PM or staff must
complete a Consultant Evaluation Form.
Procedure
The MCDOT PM will initiate the completion of consultant evaluation forms for contracts
annually on their NIP anniversary date.
Since evaluations will be used as a factor in the consultant selection process, it is
important for MCDOT PMs, Resident Engineers or other applicable staff to complete
evaluations in a timely manner.
Please adhere to the following general guidelines in completing the consultant
performance evaluation:
1. The Consultation Evaluation Form shall be completed by the MCDOT PM and
shall confer with other MCDOT Project Team members involved in the contract.
The MCDOT PM shall complete the form within 21 calendar days after the NTP
anniversary date and at the end of the contract.
2. When totally completed, the MCDOT PM shall discuss the evaluation with the
consultant. If the consultant disagrees with the evaluation score, the consultant
must provide a written response which shall be attached to the evaluation. The
consultant must also request a meeting with the MCDOT PM to try to resolve
differences. The request for a meeting must be made within 10 calendar days
after receiving the evaluation rating. If the request is not made within 10
calendar days, the score shall be considered final.
3. The Department Evaluation Form shall be completed by the Consultant for
review of MCDOT personnel and returned to the MCDOT Procurement Branch.
4. Both the completed Consultant Evaluation Form and the Department Evaluation
Form shall be filed together in a separate process improvement file in the
MCDOT Procurement Branch.
Attachment 4 — Title VI Assurances
MarkoPa County Department Of TransportatiOn
Title VI Assurances
The Marieopa County Department of TranSPOrtation (herein referred to as the "Recipient"), HEREBY
AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department
of Transportation (DOT), through Federal Highway Administration and Arizona Department of
Transportation, is subject to and will comply with the following:
'tatutory/RegulatorvAuthorities
O Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 20001 .et s.eg., 78 stat. 252), (prohibits
discrimination On the basis of race, color, national origin),
o 49 C.F,R. Part 21 (entitled Non-discrimination In Federally:Assisted Programs Of The
Departrnent Of Transpartation--EffectuatiOn Of Title VI -Of The Civil Rights Act Of1964);
O 28 C.F.R. section 50.3 (U.S. Department of Justice .GUidelines for Enforcement of Title VI of
the Civil Rights Act of 1964);
9 23 C.F.R. Part 200 Subchapter C-Civil Rights (Title VI program implementation and related
statues)
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and
"Regulations," respectively.
General Assurances
In accordance with the Acts, the kegulationS, and other pertinent directives, circulars, policy,
memoranda and/or guidance, the Redolent hereby gives assurances that it will promptly take any
measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of; or be otherwise
subjected to discrimination under any program or activity," for which the Recipient
receives Federal financial assistance from DOT, including the Federal Highway
Administration.
The Civil sights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title
VI and Other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504
of the Rehabilitation Act of 1973), by restoring the bread, institutional-wide scope and coverage of
these non-discrimination statutes and reqUirementS to include all programS and activities of the
Recipient, se long as any portion of the program is Federally aSSisted.
Specific•Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and
gives the following rances with respect to its Federal Aid Highvvay Program;
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21,23 (b)
and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "an "activity") facilitated, or Will be (with
regard to a "facility") Operated, Or will be (with regard te a "program") conducted in compliance with
all requirements imposed by, or pursuant to the Acts and the Regulations.
2, The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work; or material subject to the Acts and the Regulations made in connection with all
Federal Aid Highway Program and, in adapted form, in all proposals for negotiated agreements
regardless of finding source:
"The Maricopo county Department of Transportation, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§
2000d4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to
Submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, or national origin in consideration for an award"
3. The Recipient Will insert the clauses of Appendik A and E of this AsSurance in every contract or
agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running
with the land, in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives rqderal financial assistance to a construct a facility or part
of a facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receive S Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend to rights to
space on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix t and Appendix D of this
Assurance; as. • covenant running With the land, in: any future deeds, leases, licenses, permits, or
instruments entered into by the Recipient with other parties:
a. forthe subsequent transfer of real property acquired or improved unclerthe applicable
activity, project, Or program, and
b. for the construction or uSe of, Or access tO, Space oil, over, Or under real property
acquired or Improved under the applicable activity, project or program.
8. That this Assurance obligates the Recipient for the period during which Federal
financial assistance iS extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or structures or
imprcivemehtsthereon, in whith case the Assurance obligates the Recipient, or any transference for
the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar services or benefits;
or
b. the period during Which the Recipient retains ownership or possession of the property.
9. The Recipient Will provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official whom he/she delegates specific authority to give
reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or pursuant to
the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the Acts, the Regulations, and this Assurance.
By Signing this ASSURANCE, Maricopa County Department of Transportation also agrees to comply
(arid require any sub-recipients, sub 7graritees, contrattorS, Successors, transferees, and/or assignees
to comply) with all applicable provisions governing Federal Highway Administration or Arizona
Department of Transportation access to records, accounts, documents, informatibii, facilities, and
staff. You also recognize that you must comply with any program or compliance reviews, and/or
complaint investigations conducted by the Federal Highway Administration or Arizona Department
of Transportation. You must keep records, reports, and submit the material for review upon request
to Federal Highway Administration or Arizona Department of Transportation, or its designee
in timely, complete, and accurate way. Additionally, you must comply with all other reporting, data
collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
Matkopa aitintv Deperittrieht of Transportation gives this ASSURANCE in consideration of and for
obtaining any Federal grants, loans, contracts, agreeMents ) property, arid/or distourits, or other
Federal-aid and Federal finaridial aSsistance extended after the date hered to the recipients by the
U.S. Department of Transportation under the Federal HighWay Administration and Arizona
Department of Transportation. This ASSURANCE is binding on Arizona, other recipients, sub-
recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees,
successors in intere,st, and any other participants in the Federal Aid Highway Program the person(s)
signing below l authorized to sign this ASSURANCE on behalf a -Utile Recipient.
Maricopa County Department of TransPortatiOn-
(tome Reqpitnp-,
by DATED D-11(112011
(SignaWe oflArithorii kid!)
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the ".contractor") 400s as follows;
1. Compliance with Regulations: The contractor (hereinafter includes consultants) Will comply with the Acts
and the Regulations relative to Non discrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performance by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when
the contratt covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of !materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
Regulations relative to Non-discrimination on the grounds of rate, color, or national origin.
4. IhformatiOn and Reports: The contractor will provide all Worn -1010n and reports required by the ACts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient, the Federal Highway
AdministratiOn or Arizona Department Of Transportation to be pertinent to ascertain compliance with such Acts,
Regulations, and instrUctions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the contractor will so certify to the Recipient, the Federal
Highway Administration, or Arizona Department of Transportation, as appropriate, and will set forth what efforts
it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration or Arizona Department of Transportation, may determine to be appropriate, including, but not
limited to:
•a.Withholdirig payments to the Contractor under the contract until the contractOr complies; and/or
b.cantelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements Of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with request to any
subcontract or procurement as the Recipient, the Federal Highway Administration, or Arizona Department of
Transportation may direct as a Means of enforcing such provisions including sanctions for noncompliancp.
Provided, that ifthe contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier
because of such direction, the contractor may request the Recipient to enter into any litigation to protect the
interests of the Recipient In addition, the contractor may request the United States to enter into the litigation to
protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in 'deeds effecting or recording the transfer of real property, structures, or
improvements thereon, or granting interest therein from the United States pursuant to the provisions of
Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authbrized by law and upon the cOndition that
Maricapa County Department of Transportation will accept title to the lands and maintain the project
constructed thereon in accordance with Title 23, United States Code the Regulations for the Administration of
Federal Aid for Highways, and the policies and procedures prescribed by the Federal Highway Administration and
Arizona Department of Transportation of the U,S. Department of Transportation in accordance and in compliance
with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252;42 42 U.S.C. § 2000d to 200bd-4), does hereby remise, release, quitclaim and convey unto the
Maricopa County Department of Transportation all the right, title and interest of the U.S. Department of
Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof
(HABENDUIVI CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Maricopa County Department of Transportation
and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein
contained as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar set-Vices or benefits and will be binding on the Maricopa County Department of
Transportation, its successors and aSsigns.
The Maricopa County Department of Transportation ,in consideration of the conveyance of said lands and
interests in lands, does hereby covenant and agree as a covenant running With the land for itself, its successors
and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of or be otherwise subjected to discrimination with regard to any facility located wholly
or in part on, over, or under such lands hereby conveyed [.] [and]* (2) that the Maricopa County Department of
Transportation will use the lands and interests in lands and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non discrimination in Federally assisted programs of the U.S,
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and
Acts may be amended[, and (3) that in the event of breach of any of the above- ,mentioned non-discrimination
conditions, the Department will have a right to enter or re-enter said lands and facilities On said land, and that
above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S.
Department of Transportation and its assigns as such interest existed prior to this instruction].*
•.*FievertO'cla05e Ohl related i language to be used Or* When it is determined that .1.1ch a claUse i5hLcts8ey in cialar fpice
clear thO.pip-pose of Title VI.
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRE!) OR impRom uNpErc THE ACTIVITY, FACILITY, OR
PROGRAM
The following clauses Will be included in deeds, licenses, leases, permits, or sin liar instruments entered into by
the illiaricopti County Departinent ofTransPortation pursuant td the provisions of Assurante 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, persOnal
representatives, Successors in interest, and assigns ; as a part of the consideration hereof, does hereby covenant
and agree [in the case of deeds and leases add "as a covenant running With the land"] that:
1. In the event facilities ate constructed, maintained, or otherwise operated on the property described In
this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility,
or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee,
licensee, lessee, perrnittee, etc.) will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of
race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities,
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above NO ri-d iscriMination
covenants, maricappr County Department of Transportation Will have the right to terminate the (lease, license,
permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the
(lease, license, permit, etc.) had never been made or issued.*
C. With respect to licenses, leases, per0.8, etc., in the event of breach of any of the above Non-discrimination
covenants, Maricopa County Department of Transportation Will have the right to enter or re-enter the lands and
facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become
the absolute .property of the Maricopa eounty Department. of Transportation and its assigns*.
*Reverter trause and rplOtpd IarUage V) bp used billy when it Is determined that such a clause is necessary to make clear
the purpose OfTitle VI,
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreernents entered into
by Markopa County Department of Transportation pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, Odes hereby
covenant and agree (in the Case of deeds and leases add, "as a covenant running with the land") that (1) no person
on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use Of said facilities, (2) that in the construction of any
improvements On, over, or under such land, and the furnishing of services thereon, no person on the ground of
race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee etc.) will use the premises in
compliance With all Other requirements imposed by or pursuant to the Acts and Regulations, as amended set forth
in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-
discrimination covenants, Markopa County Department of Transportation will have the right to terminate the
(license, permit, etc., as appropriate) and to enter or re-enter or re-enter and repossess said land and the facilities
thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any Of the above Non-discrimination covenants, Markopci
County Department of Transportation will there upon revert to and vest in and become the absolute property of
Markopa County Department of Transportation and its assigns,*
*Reverter Clause and related language to be used only when it Is determined that Such a eli.Js.e 15 66.050r9 to MOQ clear
the purpose of Title VI.
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees ; and successors in interest
(hereinafter referred to as the "contrattOr") agrees to Comply with the following non-discrimination
statutes and authorities; including but not limited to:
Pertinent Non -Discrimination Authorities:
o Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin): and 49 CFR Pgt 21.
o The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
* Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
o Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seg.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
O The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
O Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
O The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title Vi of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"
to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department
of Transportation regulations at 49 C, F,R. parts 37 and 38;
O The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
o .Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-lricorne Populations, which ensures discrimination against minority populations by discouraging
programs, Policies, and activities with disproportionately high and adverse human health or
environnherital effects on minority and low ,-IncoMe populations;
o Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national Origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you MUSt take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1687 et sec!),
Attachment 5 — DBE Consultant Intended Participation Affidavit
ACK3T MCDOT
150601, 512116 azdot.gov PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Intended Participation Affidavit — Summary
Contract No: 2017-035 TRACS No.: TO153 03D Mod No.: Task No.:
Consultant Name: T.Y. Lin International, Inc. AZ UTRACS Registration No.: 11144
DBE Liaison Name: Paula Calapez Contact Phone Number: (480) 333-4151
Contract or Task Amount: $ 1,227,621.00 Contract DBE Goal %: 11.24
• Total Contract/Task Amount must include the original and any additional amount applied to the Contract or Task Order,
A
DBE
Vendor Total Contract/ Total Amount performing
DBE Firm Name Type Work Description Task Amount Adjustments Toward DBE at least
Goal
30%? Y/N
ACS Services, Inc. Tier-Sub Geotechnical Drilling Services $ 36,911.00 $ 0.00 $ 36,911.00 Yes
Del Sol Group Environmental Services $ 21,111.00 $ 3,260.00 $ 17,851.00 Yes
Ethos Engineering, LLC . . Geotechnical Design Services $ 88,967.00 $ 38,459.00 $ 50,508.00 Yes
12 Engineering & .s..b.h., Landscape Architecture, $ 62,268.00 $ 0.00 $ 62,268.00 Yes
Environmental Design, LLC Irrigation & SWPPP Design
Newton Environmental Tier-Sub Air & Noise Environmental $ 3,260.00 $ 0.00 $ 3,260.00 Yes
Consulting Services
Traffic Research & Analysis Tier-Sub Traffic Counts $ 941.87 $ 0.00 $ 941.87 Yes
$ 0.00
$ 0.00
-
$ 0.00
$ 0.00
11) Total Amount Toward DBE Goal $ 171,739.87
(1) Total % of DBE Commitment 13.99%
(.I) Contract DBE Goal % 11.24
By signature below, the undersigned agrees that formal agreements/subcontracts with the listed DBE firms will occur for the work cited
herein should this contract be awarded.
Daniel Heller, P.E. Vice President
e of Pri tipal/Officer) (Title)
1:} ' 12/12/17
(Principal/Officer Signature) (Date)
Attachment 6 — DBE Subconsultant Intended Participation Affidavit
MCDOT
PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE}
Intended Participation Affidavit
Contract No: 2017-035 TRAcs No.: T 0153 03D Mod No.: Task No.:
DBE Firm Name: ACS Services, LLC AZ UTRACS Registration No,: 10041
Type of Firm: Dconsultant DI Subconsultant E]Lower-tier Subconsultant OVendor 0 Broker (Fees/Commission)
I.. The undersigned is prepared to perform the following scope(s) of work on the above referenced project.
Total Contract/Task Amount must include the original and any additional amount applied to the Contract or Task Order
0 DBE firm listed above must complete at least 30% of Its own contract amount
A
Total Contract/ Total Amount
NAICS Code Work Description Task Amount Adjustments Toward DBE Goal
238910 Pain for svixsstrfak iBitigiition $ 36,911.00 $ 36,911.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$•0.00
$ 0.00
Total Amount Toward DBE Goal I $ 36,911.00
2, (Broker Only) The undersigned affirms that the amount of fees and commissions for work quoted above are as follows:
Total Contract Amount Fees/Commissions Assessed on Award
S. The undersigned will sublet and/or award $ 0,00 of work bid to a non-DBE firm.
Firm Nanie(s)
4. The undersigned will sublet and/or award $ 0.00 of work to another certified DBE firm. (Attach signed DBE affidavit.)
Firm Name(s) NIA
Confirmation of Participation
By signature below, the undersigned agrees to enter into a formal agreement/subcontract for the work cited herein should this
contract/task be awarded.
I, Jason M. Janda, Drilling Operations Manager confirm that ACS Services, LLC
(Authorized DBE -Am.! officer, print name end title) (Name of DBE -BIM)
Will be participating in the above project.
The DBE Dap will be performing the-scope as describe above for a DBE credit of 36,911 00
lTotaImountTowrd DBE Goal)
11/24/2017
(MO prized DBE firm bfficer, Biahature) (Date)
BECO Form 3205PS (Rev.12-08-2016)
ADOT
MCDOT
1 $0600a R12/16 82dPt.gOV
PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Intended Participation Affidavit
Contract No: 2017-035 TRACS No.: T0153 03D Mod No.: WA Task No.: N/A
DBE Firm Name; Del 501 Group, LLC AZ UTRACS Registration No.: 10261
Type of Firm: DConsultant I1 Subconsultant nLower-tier Subconsultant ClVendor 11 Broker (Fees/Commission)
1. The undersigned is prepared to perform the following scope(s) of work on the above referenced project.
• Total Contract/Task Amount must include the original and any additional amount applied to the Contract or Task Order
• DBE firm listed above must complete at least 30% of its own contract amount
A
Total Contract/ Total Amount
NA1CS Code Work Description Task Amount Adjustments Toward DBE Goal
541620 ENVIRONMENTAL CONSULTING SERVICES $ 21,111.00 $ 0.00 $ 21,111.00
$ 0.00
$ 0.00
$ 0,00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Total Amount Toward DBE Goal I $ 21,111.00
2. (Broker Only) The undersigned affirms that the amount of fees and commissions for work quoted above are as follows:
Total Contract Amount $ 0.00 Fees/Commissions Assessed on Award $ 0.00
3. The undersigned will sublet and/or award $ 0.00 of work bid to a non-DBE firm.
Firm Name(s) N/A
4. The undersigned will sublet and/or award $ 3,260.00 of work to another certified DBE firm. (Attach signed DBE affidavit.)
Newton Environmental Consulting, LLC
Firm Name(s)
Confirmation of Participation
By signature below, the undersigned agrees to enter into a formal agreement/subcontract for the work cited herein should this
contract/task be awarded.
Noelle Sanders confirm that Del Sol Group, LLC
(Authorized DBE firm officer, print name and title) (Name of DBE firm)
will be participating in the above project.
The DBE firm will be performing the scope as describe above for a DBE credit of $ 21,111.00
(Total Amount Toward DBE Goal)
11/22/2017
(Authorized DBE firm officer, Signature) (Date)
BECO Form 3205PS (Rev.12-08-2016)
/7- MCDOT
15-0600a RI 2J 16 szelai_gov PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Intended Participation Affidavit
Contract No: 2017-035 TRAcs No.: T0153 03D Mod No.: Task No.:
DBE Firm Name: Ethos Engineering, LLC AZ UTRACS Registration No.: 10363
Type of Firm: OConsultant CI Subconsultant CI Lower-tier Subconsultant El Vendor GI Broker (Fees/Commission)
1. The undersigned is prepared to perform the following scope(s) of work on the above referenced project.
• Total Contract/Task Amount must include the original and any additional amount applied to the Contract or Task Order
• DBE firm listed above must complete at least 30% of its own contract amount
El
A
Total Contract/ Total Amount
NAICS Code Work Description Task Amount Adjustments Toward DBE Goal
541330 Geotechnical Services S 88,967.00 $ 774.00 $ 88,193.00
$ 0.00
$ 0.00
50.00
$ 0.00
$ 0.00
$0.00
_ $ 0.00
Total Amount Toward DBE Goal $ 88,193.00 I
2. (Broker Only) The undersigned affirms that the amount of fees and commissions for work quoted above are as follows:
Total Contract Amount $ 0.00 Fees/Commissions Assessed on Award $ 0.00
3. The undersigned will sublet and/or award $ 774.00 of work bid to a non-DBE firm.
Firm Name(s) National Barricade Company
4. The undersigned will sublet and/or award $ 36,911.00 of work to another certified DBE firm. (Attach signed DBE affidavit.)
Firm Name(s) ACS Services, LLC
Confirmation of Participation
By signature below, the undersigned agrees to enter into a formal agreement/subcontract for the work cited herein should this
contract/task be awarded.
1, Sergio E Oliden, President confirm that Ethos Engineering, LLC
(Authorized DBE firm officer, print name and title) (Name of DBE firm)
will be participating in the above project.
The DBE firmxill be performing the scope as describe above for a DBE credit of $ 88,193.00
(Total Amount Toward DBE Goal)
0
24Novl 7
TOME firm officer, Signature) (Date)
BECO Form 3205PS (Rev.12-08-2016)
ARIZONA DEPARTMENT OF TRANSPORTATION
15-0600 R10/16 azdot.gov PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Intended Participation Affidavit
Contract No: 201 7-035 -MACS No,: TT0499 Mod No.: Task No.:
DBE Firm Name: J2 Engineering & Enviromnental Design AZ UTRACS Registration No.; 14800
Type of Firm: OConsuftarit lI Subconsultant fl Lower-tier Subconsultant OVendor D Broker (Fees/Commission)
1. The undersigned is prepared to perform the following scope(s) of work on the above referenced project.
• Total Contract/Task Amount must Include the original and any additional amount applied to the Contract or Task Order
• DBE firm listed above must complete at least 30% of its own contract amount
A 13
Total Contract/ Total Amount
NAICS Code Work Description Task Amount Adjustments Toward DBE Goal
541320 Irrigalion and SIVITP $ 62,268.00 $ 62,268,00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Total Amount Toward DBE Goal L $ 62,268.00 I
2. (Broker Only) The undersigned affirms that the amount of fees and commissions for work quoted above are as follows:
Total Contract Amount Fees/Commissions Assessed on Award
3. The undersigned will sublet and/or award of work bid to a non-DBE firm.
Firm Name(s)
4. The undersigned will sublet and/or award of work to another certified DBE firm. (Attach signed DBE affidavit.)
Firm Name(s)
Confirmation of Participation
By signature below, the undersigned agrees to enter into a formal agreement/subcontract for the work cited herein should this
contract/task be awarded.
1, Jeff Holzmeister, President confirm that 52 Engineering & Environmental Design, LLC
(Authorized DBE firm officer, print name and title) (Name Of DBE firm)
will be participating in the above project,
The DBE firm Will be performing . the scope.a describe above for a DBE credit of $ 62,268.00
(Total Amount Toward DBE Goal)
11/14/2017
(Ariffinrized IBE fir officer, Signature) (Date)
BECO Form 205PS (Rev.09-15-2015)
MCDOT
..-r=d01.0a
PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Intended Participation Affidavit
Contract No: 2017M35 TRACS No.: T0153 03D Mod No N/A Task No .: N/A
DBE Firm Name: Newton Environmental Consulting, LLC AZ UTRACS Registration No.: 10770
Type of Firm: OConsuitant ESubtcnsJte nt MloN,ver-tier .Subconsultant TVend ,-,)1 Brokpr (Fees/Commission)
I. The undersigned is prepared to perform the following scopesi of work on the above referenced project
Total Contract/Task Amount must include the original and any additional amount applied to the Contract or Task Order
DBE firm fisted above must complete at least 30% of its own contract amount
A C D JE
,
Total Contract! I1 Total Amount
WAICS Code Work. Description Adjustments
Task Amount I Toward DBE Goal
54 62 0 ENVIRONMENTAL STUDIES S 3,260.00 S 0.00 S 3,260.00
S 0.00
S 0.00
$ 0.00
S 0.00
$ 0.00
S 0.00
S 0.00
Total Amount Toward ORE Goal S 3.260.00
2, (Broker Only) The undersigned affirim.1.11 the Hind c ,:n-o-niE.E€cns 'or wc, rs::
Total Contract Amount .$ 0.00 Fees/Commissions Assessed on Award $ 0.00
The undersigned will sublet and/or award 0.00 of work bid to a nort-DBE firm.
Firm Name(s) N/A
4, The undersigned will sublet and/or award $ 0.00 of work to another certified DBE firm. (Attach signed DBE affidavit.)
Firm Name (s) N/A
Confirmation of Participation
By signature below, the undersigned agrees to enter into a formal agreernenvs ,_ bc., i-,trBc-. for the work cited herejn should this
contract/task be awarded.
ir Angela Newton, Principal confirm that Netwon Environmental Consulting, LLC
(Authorized DE firm o'fficer, pri-t - (Name of DEE firrrq
will be participating in the above project,
The firm will be performing the scope as describe above for a DBE credit of $ 3,260.00
(Total Arne,-07. ,. Mv.V,7; ,!:
11/27/2017
ma(e)
BECO Form 3205PS (Rev.12 ,0g3-2016)
ApoT
MCDOT
sureaeo, m zee
PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Intended Participation Affidavit
Contract No 2017-035 TRACS No.: T0153 03D Mod No.: NIA Task No.: TT0499
DBE Firm Name: Traffic Research & Analysis, Inc. AZ UTRACS Registration No.: 11203
Type of Firm: DConsultant ll Subconsultant OLower-tier Subconsultant OVendor [I Broker (Fees/Commission)
1, The undersigned is prepared to perform the following scope(s) of work on the a bove referenced project,
• Total Contra ctjTasit Amount must Include the original and any additional amount applied to the Contract or Task Order
• DBE firm listed above must complete at least 30% of its own contract amount
A V
Total Contract/ Total Amount
NAICS Code Work Description Adjustments
Task Amount Toward DBE Goal
541330 TiafficCounling $ 94.1,87 $ 941,87
$ 0,00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Total Amount Toward DBE Goal $ 941.87
2. (Broker Only) The undersigned affirms that the amount of fees and commissions for work quoted above are as follows:
Total Contract Amount $ 0,00 Fees/commissions Assessed on Award $ 0.00
3. The undersigned will sublet and/or award $ 0.00 of work bid to a non-DBE firm.
Firm Name(s) N/A
4. The undersigned will sublet and/or award $ 0.00 of work to another certified DBE firm. (Attach signed DBE affidavit.)
Firm Name(s) N/A
Confirmation of Participation
By signature below, the undersigned agrees to enter into a formal agreement/subccintratt for the work cited herein Should this
canted/task be awarded.
I, Robert B. Medland, Vice President confirm that Raffle Research & Analysis, Tile.
(Authorized DBEfirrn officer, print name and title) (Name of OBE firm)
•will be participating in the above project.
The DBE firm will be performing the scope as describe al?ovefor a DBE credit of $ 941.87
(Total Amount toward bBE Goal)
7 November 21,2017
(Authorized DBE firrh officer, Signature) (bate)
BECO Form 3205PS (Rev.12-08-2016)
Attachment 7 — Intentionally Left Blank
Attachment 8 — Certificate of Payments to DBE Firms
Maricopa County DOT
DISADVANTAGED BUSINESS ENTERPRISE (DBE} CERTIFICATION OF FINAL PAYMENTS
Professional Services/Design Contracts
(Submit one form for each DBE involved in the contract)
The undersigned Consultant on Contract # herby, certifies that full payment
was made, to the firm indicated for material and/or work performed under this project's contract as follows:
DBE FIRM AZ UTRACS Vendor Registration #
Name of DBE Firm was paid the amount of
This certificate is made under Federal and State Laws concerning false statement. Supporting documentation for this
payment is subject to audit and should be retained for a minimum of three years from project acceptance date. In the
event the DBE was not paid in accordance with affidavits submitted by the prime contractor, all documentation
supporting the contractor's position should be submitted.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS,
THAT THE STATEMENT MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Contractor Company Name:
Check One: Consultant Subconsultant
Name: Title:
Signature:
Date:
silm11111•••I=mm I =1111.11.“.I ••• I •1111I1••• I ” I .•il" I •”/1.1,,owelmm mammalaiI NmYl•MimviiI1111•1“ I 1•11silm1141•1 I1=M1 I ••=11•11111•11•=1IMM I
The undersigned subcontractor/supplier/manufacturer for the above named project hereby certified that payments
were received and/or justification by contractor is correct.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS,
THAT THE STATEMENT MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
DBE Firm Name:
Check One: Subconsultant/Supplier/Manufacturer L Lower-tier Subconsultant/Supplier/Manufacturer
Name: Title:
Signature:
Date:
BECO Form 3210PS (Rev 6-11-14)
Attachment 9 — Certificate of Performance
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Certificate of Performance and Payment of ALL Claims
PROJECT NAME:
hereby certifies to the Maricopa County Department of Transportation
(Name of Signer)
(MCDOT) that all lawful claims for labor, rental of equipment, material used, and any other
claims by or its subconsultants in connection with the
project described in MCDOT Contract No. , have been paid.
understands that with receipt of payment for any
previously invoiced amounts, plus any retained monies, that this is a settlement of all claims of
every nature and kind against MCDOT arising out of the perfoimance of MCDOT's Contract
No. 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 MCDOT,
invoice processing will be completed within sixty (60) calendar days.
State of Arizona
)§
County of Maricopa
Signed this day of ,20
Slanature
Title
Subscribed and Sworn to before me this day of ,20
Notary Public
My Commission Expires:
Attachment 10 — Certificate of Insurance
Clie t#: 722 TYLININTE1
DATE IMMADD/YYYY)
ACORIX CERTIFICATE OF LIABILITY INSURANCE 11/09/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Nancy Ferrick
Dealey, Renton & Associates rkis,N1L, Set) ; : 5104653090 FAX (Nu, No 510 452-2193
P. 0. Box 12675 21DAass: nferrick©dealeyrenton.com
Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC -ft
510 465-3090 INSURER A : Hartford Fire Ins. Co. 19682
INSURED INSURER B: American Fire and Casualty Comp 24066
T. Y. Lin International INSURER C : Hartford Underwriters Ins. Co. 30104
345 California Street, Ste. 2300 INSURER D : Aspen American Insurance Co. 43460
San Francisco, CA 94104 INSURER B:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WV° POLICY NUMBER (MMIDDl(YTY) POLICY EFF (MM/DD/TYYY) POLICY EXP LIMITS
A x COMMERCIAL GENERAL LIABILITY X X 57CES0F1487 03/01/2017 03101/2018 EACH OCCURRENCE $1,000,000
CLAIMS-MADE X OCCUR PMEMT-05)...) $1,000,000
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $2,000,000
POLICY JECT PRO- . LOG PRODUCTS - COMPIOP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY X X 57UENZC1594 03/01/2017 03101/2018 icEoa mz WINGLE LIMIT $1,000,000
X ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Par accident) $
AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $
X HIRED AUTOS AUTOS (Per accident]
$
UMBRELLA LlAB X OCCUR EUA1857169563 03/01/2017 03/0112018 EACH OCCURRENCE $3,000,000
x EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000
DED RETENTION $ $
c WORKERS COMPENSATION X 57WBZU5991 03/01 12017 03/01/2018 X (STATUTE OTH- ER
ANY AND PROPRIETOR/PARTNER/EXECUTIVEi EMPLOYERS' LIABILITY Y _ /N _ j EL EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N N / A $1,000,000
(Mandatory in NH) EL DISEASE - EA EMPLOYEE
If DESCRIPTION yes, describe under OF OPERATIONS below EL. DISEASE POLICY LIMIT $1,000,000
D Professional LRA9P0117 03/01/2017 03/01/2018 $2,000,000 per Claim
Liability $2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD till, Additional Remarks Schedule, may be attached If more space Is required)
General Liability Policy excludes claims arising out of the performance of professional services.
30 Days Notice of Cancellation (10 Days for Non-Payment of Premium).
RE: MCDOT Contract No 2017-035 - Northern Parkway: El Mirage Road Overpass / Project No. TT0499. Maricopa
County, its agents, representatives, officers, directors, officials and employees are included as
Additional Insured for General and Automobile Liability. This insurance is primary and non-contributory
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Maricopa County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Department of Transportation ACCORDANCE WITH THE mum, PROVISIONS.
Contracts Branch
2901 W. Durango Street AUTHORIZED REPRESENTATIVE
Phoenix, AZ 85009-6357
© 1988-2014 ACoRD CORPORATION. All rights reserved.
ACORD 25 (21114/01) 1 of 2 The ACORD name and logo are registered marks of ACORD
#52194426/M2063422 NMF
DESCRIPTIONS (Continued from Page 1)
with other insurance maintained by the Additional Insureds where required by written contract. A Waiver of
Subrogation applies to General Liability, Automobile Liability and Workers' Compensation in favor of
Maricopa County, its agents, representatives, officers, directors, officials and employees.
INSURANCE COMPANY A.M. BEST RATINGS:
Hartford Fire Insurance Company: A;XV / NAIC # 19682
American Fire and Casualty Co.: A:XV / NAIC # 24066
Hartford Underwriters Insurance Company: A:XV / NAIC # 30104
Aspen American Insurance Co.: A:XV / NAIC #43460
Twin City Fire Ins. Co.: A:XV / NAIC # 29459
SAGITTA 213 (2014/01) 2 of 2
#S21944261M2063422
POLICY NUMBER: 57CES0F1487 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
RE: MCDOT Contract No. 2017-035 - Northern Parkway: El
•Maricope County Mirage Road Overpass! Project No. TT0499. SCHEDULE OF
Department of Transportation ADDITIONAL INSUREDS CONTINUED: Maricopa County, its
agents, representatives, officers, directors, officials and
Contracts Branch employees.
2001 W. Durango Street
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section ll — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional
organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or
damage" or "personal and advertising injury" "property damage" occurring after:
caused, in whole or in part, by:
1. All work, including materials, parts or
1. Your acts or omissions; or equipment furnished in connection with such
2. The acts or omissions of those acting on your work, on the project (other than service,
behalf; maintenance or repairs) to be performed by or
in the performance of your ongoing operations for on behalf of the additional insured(s) at the
the additional insured(s) at the location(s) location of the covered operations has been
designated above. completed; or
2. That portion of "your work" out of which the
However: injury or damage arises has been put to its
1. The insurance afforded to such additional intended use by any person or organization
insured only applies to the extent permitted by other than another contractor or subcontractor
law; and engaged in performing operations for a
2. If coverage provided to the additional insured is principal as a part of the same project.
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2
C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional insureds, the following is added to Insurance shown in the Declarations;
Section Ill — Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the
required by a contract or agreement, the most we applicable Limits of Insurance shown in the
will pay on behalf of the additional insured is the Declarations.
amount of insurance:
1. Required by the contract or agreement; or
Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13
POLICY NUMBER: 57CES0F1487 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
Maricopa County RE: MCDOT Contract No. 2017-035 - Northern Parkway: El
Department of Transportation Mirage Road Overpass / Project No. TT0499. SCHEDULE OF
Contracts Branch ADDITIONAL INSUREDS CONTINUED: Maricopa County, its
2901 W. Durango Street agents, representatives, officers, directors, officials and
earminImme
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section ll — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to
organization(s) shown in the Schedule, but only Section Ill — Limits Of Insurance:
with respect to liability for "bodily injury" or If coverage provided to the additional insured is
"property damage" caused, in whole or in part, by required by a contract or agreement, the most we
"your work" at the location designated and will pay on behalf of the additional insured is the
described in the Schedule of this endorsement amount of insurance:
performed for that additional insured and
included in the "products-completed operations t Required by the contract or agreement; or
hazard". 2. Available under the applicable Limits of
However: Insurance shown in the Declarations;
1. The insurance afforded to such additional whichever is less.
insured only applies to the extent permitted This endorsement shall not increase the applicable
by law; and Limits of Insurance shown in the Declarations.
2. if coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: 57CES0F1487 COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Maricopa County
Department of Transportation
Contracts Branch
2901 W. Durango Street
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this
endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments
we make for injury or damage arising out of your ongoing operations or ''your wore done under a contract with that person or
organization and included in the "products-completed operations hazard" This waiver applies only to the person or organization shown
in the Schedule above.
RE: MCDOT Contract No. 2017-035 - Northern Parkway: El
Mirage Road Overpass / Project No. TT0499. PERSON OR
ORGANIZATION CONTINUED: Maricopa County, its agents,
representatives, officers, directors, officials and employees.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992
Named Insured: T. Y. Lin International
Polley Number: 571JENZC1594
COMMERCIAL AUTOMOBILE
HA 99 16 09 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED d. Any "employee" of yours while using a
A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or
Formed Organizations borrow in your business or your personal
affairs.
The Named Insured shown in the
Declarations is amended to include: C. Lessors as Insureds
(1) Any legally incorporated subsidiary in Paragraph A.1. - WHO IS AN INSURED - of
which you own more than 50% of the Section II - Liability Coverage is amended to
voting stock on the effective date of the add:
Coverage Form. However, the Named e. The lessor of a covered "auto" while the
Insured does not include any subsidiary "auto" is leased to you under a written
that is an "insured" under any other agreement if:
automobile policy or would be an (1) The agreement requires you to
"insured" under such a policy but for its provide direct primary insurance for
termination or the exhaustion of its Limit the lessor and
of Insurance.
(2) Any organization that is acquired or (2) The "auto" is leased without a driver.
formed by you and over which you Such a leased "auto" will be considered a
maintain majority ownership. However, covered "auto" you own and not a covered
the Named Insured does not include any "auto" you hire.
newly formed or acquired organization: D. Additional Insured if Required by Contract
(a) That is a partnership, joint venture (1) Paragraph A.1. -WHO IS AN INSURED
or limited liability company - of Section II - Liability Coverage is
(b) That is an "insured" under any other amended to add:
policy, f. When you have agreed, in a written
(c) That has exhausted its Limit of contract or written agreement, that a
Insurance under any other policy, or person or organization be added as
(d) 180 days or more after its an additional insured on your
acquisition or formation by you, business auto policy, such person or
unless you have given us notice of organization is an "insured", but only
the acquisition or formation. to the extent such person or
Coverage does not apply to "bodily organization is liable for "bodily
injury" or "property damage" that results injury" or "property damage" caused
from an "accident" that occurred before by the conduct of an "insured" under
you formed or acquired the organization. paragraphs a. or b. of Who Is An
Insured with regard to the
B. Employees as Insureds ownership, maintenance or use of a
Paragraph A.1. - WHO IS AN INSURED - of covered "auto."
SECTION II - LIABILITY COVERAGE is
amended to add:
© 2010, The Hartford (Includes copyrighted material
Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5
The insurance afforded to any such E. Primary and Non-Contributory if
additional insured applies only if the Required by Contract
"bodily injury" or "property damage" Only with respect to insurance provided to
occurs: an additional insured in 1.D. - Additional
(1) During the policy period, and Insured If Required by Contract, the
(2) Subsequent to the execution of such following provisions apply:
written contract, and (3) Primary Insurance When Required By
(3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have
requires such insurance be provided agreed in a written contract or written
to the additional insured. agreement that this insurance be
(2) How Limits Apply primary. If other insurance is also
primary, we will share with all that other
If you have agreed in a written contract insurance by the method described in
or written agreement that another Other Insurance 5.d.
person or organization be added as an
additional insured on your policy, the (4) Primary And Non-Contributory To Other
most we will pay on behalf of such Insurance When Required By Contract
additional insured is the lesser of: If you have agreed in a written contract
(a) The limits of insurance specified in or written agreement that this insurance
the written contract or written is primary and non-contributory with the
agreement; or additional insured's own insurance, this
insurance is primary and we will not
(b) The Limits of Insurance shown in seek contribution from that other
the Declarations. insurance.
Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other
in addition to Limits of Insurance shown insurance to which the additional insured
in the Declarations and described in this has been added as an additional insured.
Section.
When this insurance is excess, we will have no
(3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if
If we cover a claim or "suit" under this any other insurer has a duty to defend the
Coverage Part that may also be covered insured against that "suit". If no other insurer
by other insurance available to an defends, we will undertake to do so, but we will
additional insured, such additional be entitled to the insured's rights against all
insured must submit such claim or "suit" those other insurers.
to the other insurer for defense and When this insurance is excess over other
indemnity. insurance, we will pay only our share of the
However, this provision does not apply amount of the loss, if any, that exceeds the sum
to the extent that you have agreed in a of:
written contract or written agreement (1) The total amount that all such other
that this insurance is primary and non- insurance would pay for the loss in the
contributory with the additional insured's absence of this insurance; and
own insurance.
(2) The total of all deductible and self-insured
(4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.
Suit or Loss
We will share the remaining loss, if any, by the
If you have agreed in a written contract method described in Other Insurance 5.d.
or written agreement that another
person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES
additional insured on your policy, the Any "auto" hired or rented by your "employee" on
additional insured shall be required to your behalf and at your direction will be
comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended
EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:
OR LOSS — OF SECTION IV —
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
© 2010, The Hartford (Includes copyrighted material
Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5
If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL
applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE
hired or rented by your "employee" on your COVERAGE
behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL
be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a
insurance. limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000.
EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE
SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE
apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a
insurance in-force covering all of your covered "auto", we will pay your additional legal
"employees". obligation for any difference between the actual
Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss"
insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you
If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less
Coverage and if Comprehensive, Specified any amounts representing taxes; overdue
Causes of Loss, or Collision coverages are payments; penalties, interest or charges
provided under this Coverage Form for any resulting from overdue payments; additional
"auto" you own, then the Physical Damage mileage charges; excess wear and tear charges;
Coverages provided are extended to "autos" you lease termination fees; security deposits not
hire or borrow, subject to the following limit. returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
The most we will pay for "loss" to any hired or disability insurance purchased with the loan or
"auto" is: lease; and carry-over balances from previous
(1) $100,000; loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE
stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of
(3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE
damaged or stolen property, COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown
deductible will be equal to the largest deductible does not apply to the accidental discharge of an
applicable to any owned "auto" for that coverage. airbag.
No deductible applies to "loss" caused by fire or 8. ELECTRONIC EQUIPMENT - BROADENED
lightning. Hired Auto Physical Damage coverage COVERAGE
is excess over any other collectible insurance.
Subject to the above limit, deductible and excess The exceptions to Paragraphs B.4 -
provisions, we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL
broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the
"auto" you own. following:
We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d. do not apply to
if it results from an "accident", you are legally equipment designed to be operated solely by
liable and the lessor incurs an actual financial use of the power from the "auto's" electrical
loss, subject to a maximum of $1000 per system that, at the time of "loss", is:
"accident". (1) Permanently installed in or upon the
This extension of coverage does not apply to any covered "auto";
"auto" you hire or borrow from any of your (2) Removable from a housing unit which is
"employees", partners (if you are a partnership), permanently installed in or upon the
members (if you are a limited liability company), covered "auto";
or members of their households. (3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs a. and b. above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
@ 2010, The Hartford (Includes copyrighted material
Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 3 of 5
b.$1,500 is the most we will pay for "loss" in any CLAIM, SUIT OR LOSS - of SECTION IV -
one "accident" to all electronic equipment that BUSINESS AUTO CONDITIONS that you must
reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the
or data signals which, at the time of "loss", is: "accident" is known to:
(I) Permanently installed in or upon the (1) You, if you are an individual;
covered "auto" in a housing, opening or (2) A partner, if you are a partnership;
other location that is not normally used by
the "auto" manufacturer for the (3) A member, if you are a limited liability
installation of such equipment; company; or
(2) Removable from a permanently installed (4) An executive officer or insurance manager, if
housing unit as described in Paragraph you are a corporation.
b.(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE
equipment; or HAZARDS
(3) An integral part of such equipment. If you unintentionally fail to disclose any hazards
c. For each covered "auto", should loss be existing at the inception date of your policy, we
limited to electronic equipment only, our will not deny coverage under this Coverage
obligation to pay for, repair, return or replace Form because of such failure.
damaged or stolen electronic equipment will 14. HIRED AUTO - COVERAGE TERRITORY
be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. -
in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY -
deductible is less. of SECTION IV - BUSINESS AUTO
9. EXTRA EXPENSE - BROADENED COVERAGE CONDITIONS is replaced by the following:
Under Paragraph A. - COVERAGE - of SECTION e. For short-term hired "autos", the coverage
III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is
pay for the expense of returning a stolen covered anywhere in the world provided that if the
"auto" to you. "insured's" responsibility to pay damages for
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
Under Paragraph D. - DEDUCTIBLE - of SECTION the United States of America, the territories
III - PHYSICAL DAMAGE COVERAGE, the and possessions of the United States of
following is added; America, Puerto Rico or Canada or in a
No deductible applies to glass damage if the settlement we agree to.
glass is repaired rather than replaced. 15. WAIVER OF SUBROGATION
11, TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY
Under Paragraph D. - DEDUCTIBLE - of SECTION AGAINST OTHERS TO US - of SECTION IV -
Ill - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by
following is added: adding the following:
If another Hartford Financial Services Group, We waive any right of recovery we may have
Inc. company policy or coverage form that is not against any person or organization with whom
an automobile policy or coverage form applies to you have a written contract that requires such
the same "accident", the following applies: waiver because of payments we make for
(1) If the deductible under this Business Auto damages under this Coverage Form.
Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE
deductible, it will be waived; The definition of "bodily injury" in SECTION V-
(2) If the deductible under this Business Auto DEFINITIONS is replaced by the following:
Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or
smallest) deductible, it will be reduced by the disease sustained by any person, including
amount of the smaller (or smallest) mental anguish or death resulting from any of
deductible. these.
12. AMENDED DUTIES IN THE EVENT OF 17, EXTENDED CANCELLATION CONDITION
ACCIDENT, CLAIM, SUIT OR LOSS
Paragraph 2. of the COMMON POLICY
The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies
DUTIES IN THE EVENT OF ACCIDENT, except as follows:
© 2010, The Hartford (Includes copyrighted material
Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 4 of 5
If we cancel for any reason other than c. Regardless of the number of autos damaged
nonpayment of premium, we will mail or deliver in any one "loss", the most we will pay under
to the first Named Insured written notice of this Hybrid Payment Coverage provision for
cancellation at least 60 days before the effective any one "loss" is $10,000.
date of cancellation. For the purposes of the coverage provision,
18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that
In the event of a total loss to a "non-hybrid" auto uses only an internal combustion engine to
for which Comprehensive, Specified Causes of move the auto.
Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an
this Coverage Form, then such Physical internal combustion engine and one or more
Damage Coverages are amended as follows: electric motors; and that uses the internal
a. If the auto is replaced with a "hybrid" auto, we combustion engine and one or more electric
will pay an additional 10%, to a maximum of motors to move the auto, or the internal
$2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more
value or replacement cost, whichever is less, electric motors, which move the auto.
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
© 2010, The Hartford (Includes copyrighted material
Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5
Insured: T. Y. Lin International
Policy Number: 57WBZU5991
Effective Date: 03101/2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
RE: MCDOT Contract No. 2017-035 - Northern Parkway: El Mirage Road Overpass / Project No.
TT0499. PERSON OR ORGANIZATION CONTINUED: Maricopa County, its agents,
Maricopa County representatives, officers, directors, officials and employees.
Department of Transportation
Contracts Branch
2901 W. Durango Street
1444:LE4 C...•'....2.700F
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: Policy Expiration Date:
Attachment 11— SBE Program Participation Reporting Form
Maricopa County Small Business Enterprise Program
Participation Reporting Form
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 No.
Contact Person Project No.
Street Address Amount of this Pay Application/Invoice
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay
application/invoice. If work was self-perfaimed and your firm, as the prime, is an SBE firm pursuant to
A.R.S. § 41-1001, et se q. then you may list your fun as the SBE firm.
Type of Work $ Pd to SBE this
SBE Firm Name SBE Firm Address Performed App/Inv
$
$
$
$
$
$
$
$
$
$
Et A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or
subcontractor with respect to this pay application/invoice.
Date:
Signature
Printed Name & Telephone Number
EXHIBIT A
SCOPE OF WORK
CONTRACT NO. 2017-035
NORTHERN PARKWAY: El MIRAGE OVERPASS
FINAL DESIGN
Scope of Services
Final Design
Northern Parkway: El Mirage Road Overpass
Consultant: T.Y. Lin International, Inc.
Project No: TT0499
Contract No.: 2017-035
TRACS No.: TO153 03D
Federal Aid No.: STBGP MMA 0(275)
Maricopa County
Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
November 29,2017
December 11, 2017- R1
Scope of Services
Northern Parkway: El Mirage Rd Overpass
Table of Contents
SCOPE OF SERVICES — NORTHERN PARKWAY: EL MIRAGE OVERPASS 4
Project Overview 4
Project Location 4
Project Background 4
Project Ptopose 4
Combining of Design Plans 4
Length of Services 4
100.1 Project Work Plan 5
100.2 Kick-Off Meeting 5
Matrix of Responsibilities
Matrix of Deliverables 6
Communication Plan 7
100.3 Design Criteria 7
100.4 Project Progress Meetings 8
100.5 Field Walk with Project Team 8
100.6 Project Administration 8
100.7 Project Schedule and Project Schedule Updates 8
200.1 Project Research / Data Collection 9
200.4 Site Visit and Project Research 9
400.1 Project Coordination Meetings 9
500.1 Utility Data Acquisition 9
500.2 Utility Coordination 10
500.3 Establishing Utility Service Connection 10
500.4 Utility Clearance Letter 10
600.1 Environmental 10
SECTION 800 — TECHNICAL MEMORANDA AND REPORTS: 10
800.1 Technical Memoranda and Reports 10
800.1.1 Drainage Report 10
800.1.2 Geotechnical and Pavement Design Report 10
800.1.3 Traffic Report 11
800.1.4 Lighting Design Report 11
800.1.5 Bridge Selection Report 11
800.1.6 Utilities Report 11
800.1.7 Wall Selection Report Ii
SECTION 900 — PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)- 11
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 2 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
900.1 Plan Development 11
SECTION 1200 — SUBMITTALS: 15
1200.1 Project Submittals 15
SECTION 1300 — BIDDING PHASE. 16
1300.1 Bidding Phase 16
SECTION 1400 —CONSTRUCTION PHASE. 17
1400.1 Post Design Services 17
List of Tables
Table 1 — Matrix of Responsibilities 5
Table 2 — Matrix of Deliverables 6
Table 3 — Contacts 7
Table 4— Schedule 8
Table 5 — Project Submittals Table 16
Project No.: 170499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 3 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
SCOPE OF SERVICES — NORTHERN PARKWAY: EL MIRAGE
OVERPASS
Project Overview
The Maricopa County Department of Transportation (MCDOT) has requested services from T.Y. Lin
International, Inc. (TYL1N) to prepare the final construction documents for the Northern Parkway: El
Mirage Road Overpass.
Project Location
The project is located in Maricopa County along El Mirage Road and the future Northern Parkway
alignment. This project will construct the eastbound and westbound El Mirage Road Overpasses,
approach roadway, approach slabs, anchor slabs and retaining walls. In addition, this project will combine
the recently awarded Dysart Road Overpass (TT0427) into one construction package.
Project Background
The Northern Parkway and El Mirage Road Overpass project is part of the middle segment in the overall
12.5 mile Northern Parkway regional west to east connector from SR 303L to US 60 (Grand Avenue).
The Northern Parkway Overall Program is a collaboration of multiple agencies including Marieopa
County, Luke Air Force Base, MAG, ADOT, FCDMC, and the Cities of Glendale, Peoria, and El Mirage.
This project will connect the west segment of Northern Parkway starting at SR 303L to the midpoint of
the middle segment at 111 th Avenue and will enable the free flow of traffic from these two locations
uninhibited by traffic signals.
Project Purpose
The purpose of this project is to develop a set of construction documents (plans, specifications and
estimate) that the contractor can bid on. In addition, this contract will combined the recently awarded
Dysart Road Overpass project (TI'0427) which is located 1 mile to the west into one construction package.
The overall construction package will include one set of special provisions and construction bid tabs for
both projects and two independent plan sets. This project will tie into the Northern Parkway — Dysart
Road to 111 th Avenue (TT0347) interim construction of the eastbound and westbound frontage roads
between Dysart Road and El Mirage Road and the Dysart Road and El Mirage Road crossroads.
The scope of work presented herein is based on the information supplied by MCDOT in the Scope of
Services for the design of Northern Parkway: El Mirage Road Overpass. The Derivation of Cost is
provided in Appendix A.
Combining ofDesign Plans
TYL1N will combine the design plans, specifications and construction cost estimates prepared for the
adjacent project TI'0427 Dysart Road Overpass into one construction package. Stanley Consultants
(Stanley) are preparing the TT0427 project and we will work with them to develop a comprehensive
design schedule, and look for ways to combine project details, and similar design elements to eliminate
confusion in the field. In addition, we will evaluate each project's specifications and bid tabs to determine
which can be combined and/or eliminated. TYLIN has included labor hours for coordination in the
derivation of costs.
Length of Services
The estimated contract time is 1300 calendar days that is comprised of the following phases:
• 400 calendar days (approximately 13 months) for Final Design
• 350 calendar days (approximately 11 months) until construction begins
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 4 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
• 550 calendar days (approximately 18 months) for Post Design Services
SECTION 100 — PROJECT MANAGEMENT:
100.1 Project Work Plan
Part of every project, and one of the first tasks to be completed by TYL1N, is the preparation of a project
work plan that is distributed to all internal project team members. This document will be a resource
throughout the project. The project work plan includes a brief description of the project; a contact list of
all team members including MCDOT, and TYLIN; the scope of work; design schedule; list of
deliverables; quality control procedures; CADD standards; and other TYLIN internal procedures, such as
project task list, labor codes, and project filing system.
100.2 Kick-Off Meeting
After TYLIN has received the Notice to Proceed, TYLIN in conjunction with the MCDOT project
manager will setup a project Kick-Off Meeting with MCDOT personnel and affected agencies (anticipate
at a minimum the Cities of Glendale, Peoria, and El Mirage). This meeting will be held at the MCDOT
offices located at 2901 W. Durango Street, Phoenix, Arizona. The meeting is anticipated to last
approximately two (2) hours. Hours have been estimated for the preparation prior to the meeting, and for
the preparation of meeting minutes to distribute after the meeting.
Matrix of ResponsibilUies
Table I displays the Matrix of Responsibilities.
Table 1 — Matrix of Responsibilities
Scope Item Consultant MCDOT Other (Identify)
Section
Topographic Survey with Control X
300.1 and Alignment Determination
400.4.1 Public Involvement Plan X
500.1 Utilities Data Acquisition X X
Utility Base File (in addition to X
500.2.2 what is obtained during Scoping)
500.4 Utility Clearance Letters X
600.1 Environmental Clearance X X
800.1.1 Drainage Report X
800.1.2 Geotechnical and Pavement X (Ethos)
Design Report
800.1.3 Traffic Report X (B&N)
800.1.4 Lighting Design Report X (FTE)
800.1.5 Bridge Selection Report X
900.1 60%, 95%, 100% & Sealed & X X (B&N, FIE & J2)
Signed PS&E Development
1000 Right of Way X
1200.1 60%, 95%, 100% & Sealed & X X (B&N, FTE & J2)
Signed PS&E Submittals
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 5 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
Matrix of Deliverables
Table 2 displays the Matrix of Deliverables that will be included within the project.
Table 2 — Matrix of Deliverables
SCOPING PHASE
Item Deliverable 60% Stage 95% Stage 100% Stage Sealed & Signed
Final Design Plans Report P D F S
Roadway Plans (see
Cost Proposal for Plans P D F S
Summary)
Drainage Plans (see
Cost Proposal for Plans P D F S
Summary)
MOT Plans Plans P D F S
Signing & Pavement
Marking Plans (see Plans P D F S
Cost Proposal for
Summary)
ITS Plans Plans P D F S
Lighting Plans (see
Cost Proposal for Plans P D F S
Summary)
Walls Layout Plans
(see Cost Proposal for Plans P D F S
Summary)
Bridge Plans (see
Cost Proposal for Plans P D F S
Summary)
Landscape, Irrigation,
SWPP Plans (see Cost Plans P D F S
Proposal for
Summary)
Cross Sections Plans D F F F
Cost Estimate Document P D F F
Special Provisions Document P D F S
Environmental ElD D F F F
Documentation
Drainage Report TM D F S F
Geotechnical and Pavement TM D F S F
Design Report
Traffic Report TM D F S F
Lighting Design Report TM D F S F
Bridge Selection Report TM D F S F
Survey Design Data S
P = Preliminary D = Draft F = Final S = Sealed
Project No.: TT0499 Contract No.: 2017-035
November 29,2017
Decemeber 11, 2017-R1 Page 6 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
Communication Plan
Table 3 includes the Contacts for this project.
Table 3 — Contacts
Name Role Phone Mailing Address Email Address
Agency Number
Ben Project MCDOT 602- 2901 W. Durango St benmarkert@mail.maricopa.gov
Markert Manager 506-8651 Phoenix, AZ 85009
Chris Northern City of 623-773- 9875 N 85th Ave., Chris.leinkaaneoriaaz.gov
Lemka Parkway Peoria 7394 Peoria, AZ 85345
Agency
Jack Northern City of 6210 W. Myrtle Ave
Parkway Suite 112 jlorbeer@glendaleaz.com
Lorbeer Agency Glendale Glendale, AZ 85301
Bryce Northern City of El 623-876- 10000 N El Mirage Rd bchristo®elmirageaz.gov
Christo Parkway Mirage 2974 El Mirage, AZ 85335
Agency
Consultant 480-444- 60 E. Rio Salado
Paul Project TYLIN Parkway, Suite 501 paul.baca®tylin.com
Baca Manager 2815 Tempe, AZ 85281
Consultant 480-333- 60 E. Rio Salado
Brenan Project TYLIN Parkway, Suite 501 brenan.poe@tylin.com
Poe Engineer 4168 Tempe, AZ 85281
Kooi - Bridge 480-333- 60 E. Rio Salado
Lim Engineer TYL1N 4160 Parkway, Suite 501 Kooi-lim.hoe@tylin.com
Hoe Tempe, AZ 85281
Jim Senior Bridge 480-333- 60 E. Rio Salado
Pyne Engineer TYL1N 4157 Parkway, Suite 501 Jim.pyne@tylin.com
Tempe, AZ 85281
Consultant 480-333- 60 E. Rio Salado
Dan Proj ect TYLIN 4171 Parkway, Suite 501 Dan.heller@tylin.com
Heller Principal Tempe, AZ 85281
1500 N Priest Dr-,
David Traffic Sub- Burgess & 602-244- Suite 102 Davidlenzer®burgessniple.com
Genzer Consultant Niple 8100 Tempe, AZ 85281
9180 S Kyrene Rd,
Keith Geotech Sub- Ethos 602-573- #104 kdahlen@ethosengineers.com
Dahlen Consultant Engineers 0000 Tempe, AZ 85284
Independent 1nfrastruct
Richard Construction 602-904- 21001 N Tatum Blvd rshelley@infrastructuremavens.
Shelley Expert Sub- are 2120 Phoenix, AZ 85050 COM
Consultant Mavens
Kristyn Environmental Del Sol 480-642- 319 E Palm Lane kmosler@groupdeLsol.com
Mosler Sub- Group 9845 Phoenix, AZ 85004
Consultant
Landscape 602-438- 4649 E Cotton Gin
Dirk Architect Sub- J2 2221 Loop ddewitt@j2design.us
DeWitt Consultant Phoenix, AZ 85040
100.3 Design Criteria
TYLIN will use the design criteria previously established for the Northern Parkway Corridor to develop
the construction documents for this project. No design exceptions are anticipated.
Project No.: '170499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 7 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
100.4 Project Progress Meetings
Project progress meetings are anticipated to take place at the MCDOT offices located at 2901 W. Durango
Street, Phoenix, Arizona. Meetings are anticipated to last approximately one hour. It is anticipated that
representatives from the Cities of Peoria, Glendale and El Mirage will be in attendance at the project
coordination meetings as well as potential ADOT and MAG staff. TYL1N assumes a total of 12 progress
meetings will take place over the duration of the contract. It is anticipated that there will be no progress
meeting during the 350 calendar day delay prior to construction. For budgeting purposes, TYLIN will
have two (2) to three (3) representatives in attendance at all of the planned progress meetings. Hours have
been estimated for the preparation prior to each meeting, and for the preparation of meeting minutes to
distribute after the meetings,
100.5 Field Walk with Project Team
Shortly after the KOM, TYLIN will attend a scheduled Field Walk with the Project Team to walk the
jobsite and review existing conditions. The Field Walk will be scheduled and coordinated by TYLIN.
During the field walk, TYLIN will take diligent notes and site photos of the entire corridor and provide
the information to the Project Team as part of the KOM minutes.
100.6 Project Administration
This task includes time required to establish and maintain contract administration including preparing
monthly invoices, preparing and monitoring the contract, and preparing monthly progress reports to
document that the stated percent of completion is consistent with the work completed. TYL1N has
estimated 73 hours for the Design Manager (2 hours per month for 13 months (design), 1 hour per month
for 11 months (phase between design and construction), and 2 hours per month for 18 months (for
construction) for coordination with the MCDOT PM, and for the Project Administrator to complete
various project billing reports to help monitor the contract.
100.7 Project Schedule and Project Schedule Updates
TYLIN will develop a schedule in accordance with MCDOT's scheduling requirements. The project
schedule will identify all work elements to be performed by TYLIN, our subconsultants, the work to be
performed by Stanley, and the work to be performed by MCDOT. Our fee estimate includes hours for
the Senior Design Manager and Engineer to develop, prepare, and review the project schedule. Table 4
shows the anticipated schedule for the project.
Table 4— Schedule
Milestone Baseline Schedule
Anticipated NT? 01/16/2018
Draft BSR TM 03/16/2018
Review Environmental Documentation/Obtain 03/21/2018
Geoteclmical Clearance
Traffic Analysis TM 04/11/2018
Preliminary/Final Geotechnical Analysis 05/16/2018
60% Submittal 06/08/2018
Final Environmental Clearance Document 07/20/2018
95% Submittal 09/14/2018
Environmental, Utility & RAW Clearance Memos 09/14/2018
100% Submittal 12/14/2018
Signed & Sealed Submittal 02/08/2019
Project On-Hold 02/22/2019
Verify PS&E Documents Prior to Advertisement 02/14/2020
Advertise Project 04/15/2020
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 8 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
Post Design Services 04/15/2020 — 06/25/2021
Final Acceptance & Project Closeout 07130/2021
As the project proceeds, the project schedule will be updated and submitted to the MCDOT project
manager. Our fee estimate includes time to review and update the project schedule which will be
submitted to the MCDOT Project Manager on a monthly basis for a total of 13 months. It is anticipated
that there will be no schedule updates during the 350 calendar day delay prior to construction or during
the construction phase.
SECTION 200 — DATA ACQUISITION:
200.1 Project Research / Data Collection
As part of this section, TYLIN will collect and document existing data relevant to the Northern Parkway
at El Mirage Overpass project. This is anticipated to include the CADD files, traffic, drainage,
geoteehnical or environmental reports from Stanley for the Northern Parkway — Dysart Road to 111 1
Avenue (TT0347) interim design of the eastbound and westbound frontage roads between Dysart Road
and El Mirage Road and the Dysart Road and El Mirage Road crossroads. It is also assumed that the
following information will be provided by either MCDOT or Stanley:
• Field topographic survey information
• Aerial Mapping
• Utility Mapping
200.4 Site Visit and Project Research
TYLIN may visit the project site up to three (3) times over the life of the project to review/verify filed
conditions as the design and construction progress. For each site visit, two (2) representatives from
TYLIN are anticipated to be in attendance to walk the site, take photos, record field notes, measurements
and perform other general field review operations.
SECTION 300 — LAND SURVEY:
No survey is included in this scope of services. It is TYLIN's understanding that MCDOT will be
providing the needed survey and mapping for the project.
SECTION 400 — PROJECT COORDINATION:
400.1 Project Coordination Meetings
Labor hours have been estimated for the following additional project coordination meetings:
• Two (2) comment resolution meetings (60% & 95%)
• Six (6) coordination meetings with the TT0427 designer (Stanley)
• Three (3) meetings for the public meeting (two (2) preparation meetings and one (1) public
meeting).
For budgeting purposes, TYLIN will have four (4) representatives in attendance at all of the planned
coordination meetings. Hours have been estimated for the preparation prior to each meeting, and for the
preparation of meeting minutes to distribute after the meetings.
SECTION 500 — UTILITIES AND RAILROAD:
500.1 Utility Data Acquisition
It is TYLIN's understanding that MCDOT will coordinate with Blue Stake, identify utilities and obtain
utility as-builts and/or maps and provide them to TYLIN. TYLIN will create a utility CADD base map
Project No.: U0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 9 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
from the utility as-builts/maps obtained. No formal subsurface utility excavation or designation is
anticipated at this time as it appears that all utilities have been relocated prior.
500.2 Utility Coordination
TYL1N will coordinate with the MCDOT Utility Group and utility owners to confirm existing facilities,
solicit submittal of prior right documentation, solicit input on any planned utility infrastructure within the
project limits and discuss the nature of likely resolution for any potential conflicts associated with the
proposed improvements (at this time none are anticipated).
As part of this task, TYL1N will arrange and run up to one (1) utility coordination meeting for the project
team to discuss potential issues to any existing infrastructure. For the utility meeting, all utility owners
having facilities present within the project limits will be invited and encouraged to share any
concerns/comments they have for their existing infrastructure. TYLIN will prepare any necessary exhibits
for the meeting as well as sign-in sheets, agendas, meeting minutes and a list of Action Items following
the meeting. Meeting minutes and Action Items will be distributed to the project team following the
utility meeting in accordance with the PDM.
500.3 Establishing Utility Service Connection
TYLIN's tier 2 sub-consultant, Foothills Traffic Engineering (FTE), will coordinate with MCDOT and
the utility company to establish a utility service connection for the parkway lighting and underdeck
lighting for the El Mirage Overpass. See attached scope and fee proposal from FTE for detailed scope
and fee. Labor-hours have been estimated for TYLIN coordination with FTE to provide support
information as needed. TYLIN and B&N will verify with the MCDOT Utility Group that the proposed
signal service address for the TT0347 interim construction is still valid for the TT0499 project.
500.4 Utility Clearance Letter
TYLIN will compose the utility specifications and complete the Draft and Final Utility Clearance Letters.
The Draft Utility Clearance Letter will be submitted with the 60% Plans, Specs and Estimate (PS&E) and
the Final Utility Clearance Letter will be submitted with the 95%. The preparation of a Utility Report is
not anticipated at this time.
SECTION 600 —ENVIRONMENTAL:
600.1 Environmental
TYLIN's sub consultant, Del Sol Group (DSG), will prepare any necessary environmental documents for
this project. See attached scope and fee proposal from DSG for a detailed scope and fee. Labor-hours
have been estimated for TYLIN coordination with DSG and to provide support information for the
environmental clearance document.
SECTION 800 — TECHNICAL MEMORANDA AND REPORTS:
800.1 Technical Memoranda and Reports
800.1.1 Drainage Report
TYLIN will prepare all supporting calculations and document the design in a draft and fmal drainage
report meeting County standards. The report(s) shall include exhibits, calculations and back-up
documentation in support of the design. TYLIN will also provide quality control of all project material
prior to submittal to the client.
800.1.2 Geotechnical and Pavement Design Report
TYLIN's subconsultant, Ethos Engineers (Ethos), will utilize the MCDOT PDM criteria when developing
the recommended foundation and pavement designs for the project. TYLIN will coordinate with Ethos
Project No.: TT0499 Contract No.: 2017-035
November 29,2017
Decemeber 11,2017-RI Page 10 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
to ensure all criteria are met. The geotechnical report will provide suggested alternatives and mitigation
measures for at-grade pavements, new embankments, and alternatives for foundations of bridges and
walls. The report will also provide parameters for percolation test results, recommendations for slopes,
temporary trench slopes and/or shoring, and backfill. Ethos will prepare the Draft and Final Technical
Memorandums– Geotechnical and Pavement Design Report in accordance with the MCDOT PDM. See
attached scope and fee proposal from Ethos for detailed scope and fee. Labor-hours have been estimated
for TYLIN coordination with Ethos to provide support information as needed.
800.1.3 Traffic Report
TYL1N's subconsultant, Burgess &Niple (B&N), will utilize the MCDOT PDM criteria when confuming
the preliminary assumptions of the turn lane layout and storage lengths for the project. TYLIN will
coordinate with B&N to ensure all criteria are met. B&N will prepare the Draft and Final Traffic Reports
in accordance with the MCDOT PDM. See attached scope and fee proposal from B&N for detailed scope
and fee. Labor-hours have been estimated for TYLIN coordination with B&N to provide support
information as needed.
800.1.4 Lighting Design Report
TYLIN's tier 2 subconsultant, Foothills Traffic Engineering (FTE), will utilize the MCDOT PDM criteria
and ADOT guidelines to prepare a Draft and Final Roadway Lighting Reports. See attached scope and
fee proposal from FTE for detailed scope and fee. Labor-hours have been estimated for TYLIN
coordination with FTE to provide support information as needed.
800.1.5 Bridge Selection Report
The Final Bridge Selection Report (BSR) will be developed to evaluate both a single structure alternative
and two individual bridges alternatives at El Mirage Road. The benefits and drawbacks of each alternative
will be discussed in the text of the BSR to support the recommended alternative. A detailed quantity,
including cost of barriers, substructure and construction cost estimate of each alternative will be developed
and compared to select the most desire alternative.
The report will address construction of the bridge while maintaining traffic on El Mirage Road including
construction of the intermediate piers in the El Mirage Road median.
The Final BSR will include the General Plan, Elevation and Typical Section sheets for the recommended
alternative, developed to approximately 30% level of completion (six drawings are assumed). The
drawings will depict foundation types at the abutments and intermediate pier based on the results of the
geotechnical investigation. If geotechnical results are not immediately available, then the foundation
types will be based on prior experience and judgement. Once the results are available, the BSR will be
finalized.
800.1.6 Utilities Report
The preparation of a Utility Report is not included in the scope of services.
800.1.7 Wall Selection Report
The preparation of a Wall Selection Report is not included in the scope of services.
SECTION 900 — PLANS, SPECIFICATIONS AND ESTIMATE (PS&E):
900.1 Plan Development
TYLIN will prepare 60%, 95%, 100% and Sealed and Signed plans for the limits of the project
(approximately %. mile west and 900 feet east of El Mirage Road).
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 11 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
Roadway Design & Plan Development
TYLIN will work with Stanley to tie-in the roadways and develop similar summary sheets and details
between the Dysart Road Overpass and El Mirage Overpass projects so that the contractor will have a
concise set of plans to eliminate confusion in the field. The Roadway Plan and Profile Sheets will be
prepared at 1"=20' scale in accordance with the PDM. A list of the type and number of anticipated
Roadway Plan and Details Sheets are shown in the derivation of labor hours with the corresponding
estimated labor hours for each type of plan sheet.
Cross sections will be prepared as part each submittal. A Draft Earthwork Report will be prepared at the
60% submittal and a Final Earthwork Report will be prepared at the 95% submittal.
Bridge Design & Plan Development
TYLIN's Labor Hour Estimate is based on evaluating the following two alternatives: single structure; or
two individual structures at El Mirage Road. TYL1N will develop a General Plan, Elevation and Typical
Section for each alternative for the BSR discussion. A construction cost estimate for each alternative will
generated for comparison in the BSR as well. The final construction plans for a new 2-span, prestressed
AASHTO Type VI modified girder bridge will be developed based on the selected BSR alternative (single
structure or two individual structures). The substructure for either alternative is anticipated to consist of
stub abutments founded on a single row of drilled shafts.
TYLIN will work with Stanley to determine if the Dysart Road and El Mirage Road Overpass structure
types are similar and can use the same size column and drilled shafts and girders to keep the costs down
during construction. In addition, T'YLIN will work with Stanley to use similar structural details to
eliminate confusion in the field.
TYLIN' s Labor Hour Estimate is based on referencing the ADOT Structure Detail sheets for the F-Shape
Concrete Bridge Barrier, the Approach Slabs, Anchor Slabs, the Retaining Walls, Slope Paving and the
Deck Joints. Strip Seal deck joints in accordance with either SD 3.02 or SD 3.03 are anticipated to be
utilized.
TYLIN's Labor Hour Estimate includes accommodation of the lighting design regarding
Overhead/Underdeck Lighting within/on the structure and the preparation of the necessary details to
accommodate these items.
TYL1N's Labor Hour Estimate includes accommodations regarding sign support details for attaching
Freeway Signs to the structure along with the preparation of the necessary details to accommodate these
items.
TYL1N's Labor Hour Estimate accommodating any Architectural/Landscape Plans and details required
for the bridge structure and/or abutments. Rustication is anticipated along with icons on retaining walls,
bathers and abutment front face. Columns are anticipated to provide the Northern Parkway theme along
the corridor. Coordination with Stanley is anticipated to provide a seamless aesthetic result along the
corridor.
TYLIN's Labor Hour Estimate includes the necessary hours for preparing design calculations for the
Bridge structures in accordance with the AASHTO LIZA) Bridge Design Specifications, 8th Edition 2017.
A list of the type and number of anticipated Bridge Plan Sheets are shown in the derivation of labor hours
with the corresponding estimated labor hours for each type of plan sheet.
Wall Design & Plan Development
TYLIN will evaluate alternative feasible wall types and recommend a preferred type. The factors
considered will include settlement potential, long-term maintenance requirements, aesthetics,
constructability and construction costs. If concrete cantilever-type retaining walls are proposed, it is
assumed that they will be constructed per ADOT Standard Drawing SD-7.01 and no structural design will
be required. If MSE walls are proposed, it is assumed that the record design of MSE retaining walls will
Project No.: IT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 12 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
be provided by the manufacturer and reviewed as a post-design service. The hours estimated for structural
design of retaining walls will address special details at wall ends, bridge abutments and where drainage
features require a unique structural detail.
Drainage Design & Plan Development
Storm Water Drainage
TYLIN will follow the MCDOT and FCDMC drainage standards and guidelines throughout the
development of drainage infrastructure in support of the roadway and structural plans. Specifically, the
following tasks shall be performed:
Data Collection, Review and Coordination
TYLIN will collect and review data including previous studies, scoping documents, plans and record
drawings to gain understanding of both onsite and offsite hydrology as well as existing and proposed
infrastructure and any potential utility conflicts. TYLIN shall also visit the site during the initial design
phase to identify features which may impact the drainage design.
TYLIN will also coordinate with the client, team members, utility agencies, sub-consultants and project
partners as necessary to communicate drainage ideas and concerns to the team. Attendance at project
meetings by TYLIN drainage staff is included in tasks described previously in this Scope of Services.
Hydrologic Analysis
The collection and conveyance of Offsite runoff is excluded from this study as it appears it will be
completed by an adjacent project. TYLIN will prepare hydrologic calculations using appropriate
methodology to determine onsite runoff which in turn is used in an iterative method to calculate the gutter
spread and inlet spacing. Based upon the project description and the scoping document, it is anticipated
the County's Rational Method will be used to develop the runoff and the Marming's normal depth will be
used to determine gutter spread.
Hydraulic Analysis
TYLIN will size storm drain inlets, connector pipes and main line storm drains using appropriate software.
In this case StormCAD V8i will be used. There appears to be a single outfall for the storm drain system,
namely a new retention basin located in the southeast quadrant of the project. It is anticipated that the
drainage design will include several storm drain mainlines which will all ultimately discharge to the
retention basin.
TYLIN will determine the requisite storage volume necessary to meet first-flush requirements and ensure
that the outfall basin is adequately sized to retain this volume.
Mill will work with Stanley to tie-in the drainage profiles (if needed) and develop similar summary
sheets and details between the Dysart Road Overpass and El Mirage Overpass projects so that the
contractor will have a concise set of plans to eliminate confusion in the field. A list of the type and number
of anticipated Drainage Plan and Detail Sheets are shown in the derivation of labor hours with the
corresponding estimated labor hours for each type of plan sheet.
Landscape Architectural and Erosion Control Design and Plan Development
TYLIN's subconsultant, J2 Engineering & Environmental Design (J2), will prepare the Landscape
Architecture, Erosion Control and Bridge Aesthetics design and plans in accordance with the MCDOT
PDM. J2 is a subconsultant to Stanley on the Dysart Road Overpass project and will reference the same
details between the two plan sets (if they are not combined). See attached scope and fee proposal from
J2 for detailed scope and fee. Labor-hours have been estimated for TYLIN coordination with J2 to provide
support information as needed.
Maintenance of Traffic Design and Plan Development
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 13 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
TYL1N's subconsultant, Burgess & Niple (B&N), will prepare the Maintenance of Traffic (MOT) design
and plans in accordance with the MCDOT PDM. B&N will work with the Stanley team to develop an
MOT concept that minimizes the impacts the to the traveling public and adjacent businesses. See attached
scope and fee proposal from B&N for detailed scope and fee. Labor-hours have been estimated for
TYL1N coordination with B&N to provide support information as needed.
Traffic Signal Design and Plan Development
TYLIN's subconsultant, Burgess & Niple (B8cN), will evaluate the existing traffic signal indications for
sight distance and visibility in relation to the new overpass and design and indicate necessary
improvements on the plans in accordance with the MCDOT PDM, as well as the. See attached scope and
fee proposal from B&N for detailed scope and fee. Labor-hours have been estimated for TYL1N
coordination with B&N to provide support information as needed.
Intelligent Transportation System Design and Plan Development
TYLIN's subconsultant, Burgess & Niple (B&N), will design the traffic signal interconnect conduit and
pull boxes for future fiber optic cable installation. See attached scope and fee proposal from B&N for
detailed scope and fee. Labor-hours have been estimated for TYLIN coordination with B&N to provide
support information as needed.
Roadway and Underdeck Lighting Design and Plan Development
TYLIN's tier 2 subconsultant, Foothills Traffic Engineering (FTE), will design the roadway and
underdeck lighting in accordance with ADOT guidelines and the MCDOT PDM. See attached scope and
fee proposal from FTE for detailed scope and fee. Labor-hours have been estimated for TYLIN
coordination with FTE to provide support information as needed.
Signing and Pavement Marking Design and Plan Development
TYLIN will design and prepare the signing and pavement marking plans for the length of the El Mirage
Overpass project. TYLIN will work with Stanley and MCDOT to update the signing throughout the
corridor to delineate the new TI's and begin/end parkway signing east of El Mirage Road. In addition,
TYL1N will work with Stanley to determine if there are any details that can be used for both sets of plans.
The signing will be incorporated into the pavement marking plan sheets. A list of the type and number
of anticipated Signing and Pavement Marking Plan and Detail Sheets are shown in the derivation of lab or
hours with the corresponding estimated labor hours for each type of plan sheet.
TYLIN will work with MCDOT to determine if Wrong Way Detection infrastructure or signs are needed
at the El Mirage Road Traffic Interchange. TYLIN has not included tours for this effort at this time,
however a separate fee proposal can be provided, as necessary.
Special Provisions
TYL1N will prepare the special provisions not adequately covered by the MAG Uniform Standard
Specifications and MCDOT Supplement for the TT0499 project and combine them with the TT0427
project. The special provisions will follow the Northern Parkway Program Special Provisions that
incorporate the requirements of the multiple agencies affected by the project. Labor hours have been
estimated for preparing and combining these special provisions at each of the submittal stages.
A construction contract time schedule will be prepared by Burgess and Niple as part of each submittal
stage. Labor hours have been estimated for the review of the construction schedule and are included in
the derivation of labor hours.
Construction Cost Estimates
TYLIN will compute quantities, prepare combined and detailed estimate and import the estimates into the
MCDOT Cost Estimating Tool for all stages of the design (60%, 95%, 100% and Sealed and Signed).
Updates to PS&E (between Sealed and Signed and Construction)
Project No.: Tr0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 14 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
It is TYLIN's understanding that there will be a significant delay between the delivery of the sealed and
signed plans, specifications and estimate and the advertisement of the project (approximately 350 calendar
days). Labor hours have been included in the cost derivation to verify that the project is bid ready after
such a delay. However, depending on the delay, changes in MCDOT standards, criteria, process
and field changes may cause additional effort not included in this estimate.
General
TYLLN's subconsultant, Infrastructure Mavens (IM), will conduct constructability reviews at the 60%,
95%, 100% submittals. 111/1 will also complete a "bottom up" estimate at the 95% submittal that is similar
to how a contractor will develop their estimate once the project is advertised. Lastly, IM will work with
the TYLIN team and Stanley team to develop a logical Maintenance of Traffic theme and review the
proposed construction phasing and schedule. See attached scope and fee proposal from IM for detailed
scope and fee. Labor-hours have been estimated for TYLIN coordination with IM to provide support
information as needed.
SECTION 1000 — RIGHT OF WAY:
It is TYLIN's understanding that the project limits will be within the existing MCDOT right-of-way.
TYLIN will ensure the consistency between the final design plans and the scoping plans with respect to
the right-of-way. No additional right-of-way acquisition is anticipated at this time.
It is also TYLIN's understanding that MCDOT's PWRED will be preparing the right-of-way clearance
letter for this project. Labor-hours have been estimated for TYLIN coordination with MCDOT to provide
support information as needed.
SECTION 1200 —SUBMITTALS:
1200.1 Project Submittals
TYLIN anticipates the submittals show in Table 5. Estimated hours for the development, preparation,
distribution, summary of comments, and comment resolution meetings are included in the Section 900
derivation of labor hours.
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 15 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
Table 5— Project Submittals Table
irage
Legend:
H# - Number of Hard Copies Requested M Copies
E. Name Representative) El
E - Indicates Electronic Submittal is P. rd
Requested Manager) Last Glendale, Ha
Markert, Peoria (Stakeholder) of
Name, Company of & Number
(Project
Ben Cities
First
Total
Submittal Document (Utility ADOT,
Drainage Report E, H3 E 3
Geotechnical & Pavement Design Report E, H3 E 3
Traffic Report E, H3 E 3
Lighting Design Report E, H3 E 3
Bridge Selection Report E, H3 E 3
60% PS&E
Plans E, H1 E, H1 E 2
Specifications E, H1 E 1
Estimate E, H1 E 1
MicroStation and In Roads CADD files
95% PS&E
Plans E, H1 E, H1 E 2
Specifications E, H1 E 1
Estimate E, H1 E 1
MicroStation and In Roads CADD files
100% PS&E
MicroStation and In Roads CADD files
Plans E, H1 E, H1 E 2
Specifications E, H1 E 1
Estimate E, H1 E 1
Microstation and In Roads CADD files
Sealed PS&E
Plans E, H1 E, H1 E 2
Specifications E, H1 E 1
Estimate E, H1 E 1
MicroStation and In Roads CADD files
SECTION 1300 —BIDDING PHASE:
1300.1 Bidding Phase
TYLIN will meet with and resolve comments made by MCDOT and the MCDOT Construction
Administration team after the final submittal is made in order to assist in advertising the project.
Project No.: IT0499 Contract No.: 2017-035
November 29,2017
Decemeber 11, 2017-R1 Page 16 of 17
Scope of Services
Northern Parkway: El Mirage Rd Overpass
Labor hours have been included in the estimate to assist MCDOT in preparing two addenda during the
bid advertisement period.
Labor hours have also been included for a construction hand-off meeting once the contractor has been
selected.
SECTION 1400 — CONSTRUCTION PHASE:
1400.1 Post Design Services
TYLIN will have staff available to assist MCDOT with post design services. TYLIN has developed labor
hours for: Partnering/PreCon Meeting, Bi-Weekly Construction Meetings, Requests for Information
(RFI's), Shop Drawing and Submittal Reviews from the contractor, design determined during
construction, and the development and submittal of record drawings. Labor-hours have been estimated
for TYLINI to complete Post Design Services as needed.
Project No.: TT0499 Contract No.: 2017-035
November 29, 2017
Decemeber 11, 2017-R1 Page 17 of 17
EXHIBIT B
CONSULTANT'S FEE PROPOSAL
CONTRACT NO. 2017-035
NORTHERN PARKWAY: El MIRAGE OVERPASS
FINAL DESIGN
Northern Parkway: El Mirage Road Overpass Final Design T.Y. Lin International, Inc.
PROJECT NO. TT0499 Contract No. 2017-035
12.12.17 - Rev 1
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Project Principal 14 5 109.20 1,529
Senior Design Manager 741 71.91 53,249
Senior Engineer 1,007 63,61 64,023
Project Engineer 503 47.05 23,666
Engineer 1,754 40.90 71,739
Sr Designer 1,343 36.16 48,563
Designer 2,578 28.16 72,596
Administrative 73 26.45 1931 ,
8,012 Hours
Estimated Labor Cost 337,296
Overhead 145.166% 489,639
FCCM 0.267% 901
Subtotal 827,836
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel 454
Plotting 522.50
Miscellaneous Expenses 45
Total Estimated Expenses 1,022
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Burgess 8, Niple 96,033
Traffic Research & Analysis (Tier 2) (See B&N Fee) 942
Foothills Traffic Engineering (Tier 2) 25,149
Del Sol Group (DBE) 17,851
Newton Environmental Consulting (DBE) (Tier 2) (See DSG 3,260
Fee)
Ethos Engineering (DBE) 52,056
ACS Services, Inc (DBE) (Tier 2) (See Ethos Fee) 36,911
Infrastructure Mavens 21,600
J2 Engineering & Environmental Design (DBE) 5 62,268
Total Estimated Outside Services $ 316,070
PROFIT (Direct Labor +Overhead) 10% 82,693.51
TOTAL ESTIMATED FEE $ 1,227,621
CONTRACT TIME 1300 CalendarDays
6 12/12/2017
Consultant Firm Signature Date
3126/2013 Page 1 a 1
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Parkway:
Design Sheet Std
NO. Preliminary Preliminary Prellmlnary_lyi Preliminary Prerirtary Pre-Final Preliminary Prellminary Horizontal Geometry Pre-Final Pre-Final Pm-Final Pm-Final Pm-Final Pre-Final Pre-Final Key Pm-Final Preliminary 0444:35
Plans, Plans Face ADOT General Survey Wall Cross
Roadway
- 60%
900
Northern PROJECT
305P2013
Section 900.1
2.0 4.0 . 10.0 10.0 46.0 16.0 24.0 12.0 24.0 64.0 13.0 24.0 24.3 72.8 72.0 72.0 48.0 12.0 12.0 4.0 48.0 65.0 40.0 40.0 56.0 40.9 204.0 476 56.0 49.0 88:3 40.0 7
Inc. -4-876
Total Peg.lof
2017-035
International, No.
istrative Admin
Contract
Lin
2 . 7 2 2 2 4 4 28 6 14 8 14 32 a 16 16 36 36 36 aa 28 8 a 2 28 40 24 15 18 16 Bo 20 24 le 40 16
TX.
i 1 1
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0 m 7 . a 2 2 9 4 4 2 4 16 2 4 4 20 20 20 a 8 2 2 1 6 16 a 8 40 4 6 4 16 6
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Project
Engineer
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.
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ign Des Senlor
l Principa
Project
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PHASE Hoursf Sheet
No Slits 1 1 1 4 2 2 2 5 3 3 3 6 6 5 4 4 1 1 1 4 30 65 65 65
DESIGN
Scala
FINAL
-
HOURS
Design STAFF Sections
Structural
Final
sheet)
ESTIMATED /
Pavement
Overpass sections
TASK and
Quantities
Road intervals
retalnlng Submittal
Table SubmIttaI
57
Earthwork Flans (4 at Submittal
Mirage 95% 100%
Treatment Sheets Profiie Plans Sheets Sections 17R) IT) ITN
w/ Sheet Control Removals Parkway_Paving_Rans Plans from & tom
& Signed 8
El Sheet Plans GradIng Profile Summary Comments
Summary & Parkway Cross Comments Chocks Comments Checks Submittal Checks
TT0499 Sections Shoulder Summary Details Vertical Excavation & comments and comments
Draw1r1.0§ Data Tables Monumentatlon Rroflies Staking &
Notes & Plans Relocations Map Plan Annotated 60% (Detail Submittal 95% Sealed (Detail 100%
Parkway: Sheet index Design Typical Outside Quantity Fence Special Northam Northern Ramp Gore Fencing Over Well Earthwork and_S)gnod (Detail
NO. Std RnalBarrier Key incorporate Incorporate
General Horizontal Survey Geometry Resolve CIP../QC Plans Resolve Prepare OAIOC Resolve OM=
Plans Face AOCT Final Final Final Final Final Final Final Final Final Flitai Final Final Final Final Wall Final Final Fria!
100% Sealed
95%
Northern PROJECT
ke11111
80.0 42.0 48.0 48.0 46.0 46.0 50.0 5079 54.0 54.0 48.0 48.0 46.0 46.0 46.0 46.0 48.0 48.0 48,0 46.0 54.0 54.0 46.0 54.0 46.0 46.0 46.0 38.0 38.0 35.0 46.0 46.0 46.0 46.3 48.0 12.0 48.0 54.0 of7
Inc.
Total N04
2017-035
International,
No.
'5 E ' - E a
Contract
Lin
2 12 12 12 12 12 12 12 14 14 16 16 12 12 12 12 12 12 12 12 12 16 16 12 12 12 12 12 8 6 8 12 12 12 2 1 12 20
T.Y. _12
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I- `e' .2 2 o so 16 16 12 12 12 12 12 14 14 10 16 12 12 12 12 12 12 12 12 12 12 16 12 12 12 12 12 8 8 6 12 12 12 12 12 20
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o = i'9, c w 16 16 12 14 14 12 12 12 12 12 12 14 14 12 12 12 12 14 14 14 12 12 12 12 20 12 12 12 12 12 12 12 12 12 12 12
Engineer
1 Project
Engineer 8 8 8 8 8 8 8 5 40 16
1 1
Senior
Manager 4 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 6 8 8
1 Design Senior i
1
.E- .! a.
.2 E °-
60 60 42 48 48 46 46 50 50 54 54 48 48 46 46 46 46 48 48 48 46 54 54 48 27 46 46 46 38 19 19 46 48 46 46 48
'
PHASE Neural Sheet
No Shts 1 1 1 1 1 1 1 1 1 1 1 1 1, 1 1 1 1 1 1 1 1 1 2 1 1 1 1 2 2 1 1 1 1 1
DESIGN
Scale 20 20 10 NA NA 20 Metres veires Vaires Valres Vaires Veires 10 10 Vaires Wires Vaires 20 20 Varies Varies Verbs Vales Varies Varies Varies Varies Varies Vales Varies Varies Varies Varies Varies Varies Vales
'
FINAL
..
-
-
HOURS -
.--
Design STAFF
Final
ESTIMATED
Overpass
TASK
Road
Details
_
tri Geomees Details 1
Details Ligi'.120
Mirage Eievation Elevation Reinforcing
.lt Details Stanley Estimates
Development Indexes and Backflii & & 1 2 Details Elevation Detail Details Ext Detelis Sevence Elevations 1 2 3 4 5
El Layout Details 2 3 and Diaphragm and Underdeck with
& Section end Plan Plan Details Details Details 2 Blister Elevatens Details Details Details Details Details
TT0499 Wall and 1 oetaiiii Plan Details
Plan OP Plan Shaft 1 Details Ifillalls Section Diaphragm Pad Rat
P/an Details Details Plan Supersb-ucture Miscellaneous and Pole Construction Items Coordination Quantities/Cast
Parkway: & Ti xel Excee-ation Foundadon Abutment Abu4ment2 Abutment Abutment WingWall Retaining Framing Abutment Bearing Camber Screed Aesthetic Aesthetic Aesthetic Aesthetic Aesthetic CA/QC
General Ty0 Drilled Pier Pier Pier Girder Girder Girder Deck Deck Pier Utility Light Screed
NO. 'Design Mirage
General
El
Bridge
Northern PROJECT
3452013
14.0 8.0 30.0 26.0 82.0 10.3 20,0 146.0 144.0 26.0 12.0 12.3 6.0 27.0 144 98.0 12.0 16.0 12.0 60.0 36.0 70.0 32,0 12.0 5-07
inc.
2017-035 Total Page
International, No.
g = :i ... E
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Lin Contract
. al To t. 0 6 4 20 6 20 40 8 B 12 a 48 El 6 36 16 40 20
T.Y.
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tgn Ges Senior
<—
Principal
Project
24 24 13 14 14 16 8 12 10 12 12 16
PHASE Hours/ Sheet
No Shts 6 6 2 1 s 1 6 3 6 2
DESIGN
Scale
FINAL
-
maps Development
HOURS Lab'
and Plan
&
drawings Design _
Design STAFF
Infrastructure
Final As-Builts/record Road
Development
ESTIMATED Mirage
Overpass Reports, El Plan Transportation ment
TASK and and
Ramps Devaio Development
Drainage Design
Road . Intelligent Plan Engineering Details
. Bridge, Ramps Ramps Contra! & Plan &
Scoping.plana,. visIt)_ - & 8, and Niple Design & Notes Plans Notes Plans
Mirage Development site Calculations Saapingoffsitenydrology Calculations Stanley Mainline Mainline Erosion Signal & Traffic Design ITR) Signs) us) ITR
1 Calculations Lighting Marking puantItles Marking & Marking Quantities Marking Si &
El Review Review with Profiles and 12 Traffic Burgess Foothills Marking OH New
TT0499 Plan .(assurnes Analyses Rational Spread Calculations Parkway Parkway with with with Pavement Pavement Checks Pavement Pavement (6 Checks
& Collection and Analyses Drain Pipe Details Architectural Traffic, Underdeck ManOng Marking
Parkway: Visit Reference and Coordination Profile Northern Northern of Pavement & S, (Detail & & Summaries Elevations Formats(6 Detail
NO. Design & Collett Site Hydrologic Onsite Hydraulic inlet Storm Basin Coordination & Connector Drainage Coordination Coordination & Coordination & Pavement Pavement
Data Plan Maintenansa Pions Signing SigtIN OA/QC Plana Signing Signing Sign Sign Sion QA/QC
Drainage Landscape Roadway
80% 95%
Northern PROJECT _Signing
. 31213j2613
Inc. 12.0 8.0 __ 49.0 31:1-.0 42.0 24.0 6.0 29.0 44.0 6,0 60.0 8.0 80.0 8.0 ao.o 8.0 40.0 8.0 62.0 6,0 20.0 46.0 6.0 18,0 —24.0 6.0 18.0 20.0 6.0 12.6 54,17
2017-035 Total __ Pap
_
International, NO.
o '... E 76.1 E .-& :?(
Contract . '
Lin
igner Des 6 28 18 24 16 6 20 12 24 4 12 16 4 12 12 4 a
T.Y.
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,
`ai' -E. ,..co tri 2 4 6 2 32 62 32 24 24 2 8 16 6 4 2 6 4 2 4
,
Engineer Propel 1 2 ._. 2 2 2 4 2 4 4 18 16 16 12 4 2
I 1
ineer Eng 8 8 8
ior Sen
ign Manager Des Senior 1 2 4 4 2 4 B 4 8 4 2 2
l Principa
Project
6 10 12
PHASE Hours/ Sheet
No Shto 6 3 2
DESIGN
Scale
FINAL
-
HOURS
Design STAFF
Final
Schedule
ESTIMATED Schedule _
Schedule Schedule
Overpass Bidding &lading
TASK Review/Development and Welding SIddIng
and
Road Details Estimate Tool and Tool and Torii
Submittal Estimate
& Schedule Cost Estimating Estirnating7g21 Estimate Estimating Estimate Estimating
Notes Plans 100% Cost
Mirage Signs) iTrt) ITR1 ITR) IT(() rrR) ITR) Cost ITR) Cost ITR) Cost Cast ITR) Cost Cost 1TR)
Marking QUantitles Marking Signs) & from & Construction & & & Submittal & Construction & Construction & & Submittal &
El OH New Checks Submittal Comments Checks Provisions Checks Provisions Checks Checks Checks Estimates MCDOT Checks MCDOT Checks Construction MCDOT Checks Construction MCDOT Checks
TT0499 Pavement Marking Pavement (6 (6 comments & Provisions Provisions
Parkway: & Summaries Elevations Formats (Detail Signed 100% (Detail Special Submittal (Detail Submittal (Detail Submittal (Detail Signed (Detail Cost Quantities, Submittal Detailed (Detail Quantities, Submittal Detailed petal! Submittal Detailed (Detail Signed Detailed (Detail
NO. & Provisions II:eclat & Quantities, Quantities, &
Plans Signing Pavement Signing Sign Sign Sign CAIQC and Resolve incorporate QA/QC 60% QNQC Final 95% CINQC Special 100% CAPDO Special Sealed QNQC Construction 60% Input QA/OC 95% Input oevac 100% input CIA/QC Sealed Input QA/QC
100% Sealed Special Preliminary Pre Final Final Preliminary Pre-Final Final Final
Northern PROJECT
31285013
Inc. 40.0 60.0 0 24 48.6 5.0 40.0 24.0 15.0 20.0 155.0 200.0 80.0 80.0 100.0 8012.0 7 or 7
2017-035 Total Pmgo
International, No.
73
Lin Contract
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T.Y.
, I , • I
ar F m -m 1:1 . i` 1343
, •
, 1 Si 5 12 $ 16 4 16 12 4 5 78 SO 40 40 40 1754
r Enginee 8 4 503
Project
t . .
6. ' s CO GS III 16 16 8 10 39 80 40 40 40 1005.5
2 .
Manager a 2 2 16 2 9 6 4 5 30 40 20 740.5
ign Des Senior „
. _L.
I Fg 0. . 14
r r
10
PHASE Hours/ Sheet
No Shts 65 552
DESIGN
Scale
FINAL and
Engineer & DM
- . (2)
Senior (Senior
Engineer
HOURS , ai time)
F o i n Senior drive
-S e hr
'E- DK 1
+
Design STAFF Senior
estimate meeting Meetings
for
_ for
Final elements cost prep hr 1 all)
prep hr 39
+ 1 + .. attending
ESTIMATED construction Urns
constructed time
Overpass Construction & drive drive Construction
TASK to hr Engineer
provisions Comments 1 + hr 1 of
and compere + wt
Road stied meeting Weeks
to meeting meetings
S special Mavens hr (76
and Documents PWRED Administration (1 hr the Construotion
Mirage update IT.R)_ (3 Meetings 112 (RFI's)
Sealed & Infrastructure Meeting Meeting
Signed and MCDOT each attend During
El TT0499 between Checks Construction 2 - Hand-Off Phase Construction to Information Review
& changes with with PreCan
Sealed Way Phase to addenda Engineer) / Engineer for Review Determined
Parkway: PS&E Drawing
NO. to incorporate Owoc-(petell Coordination of Coordination Submittals Bidding Respond Construction and Construction Parterning Engineer) Eli-Weekly Requests Submittal
Review Right K1/A Prepare . Senior Shop Design
Uodates General - . (2) -
1000 1200- 1300- 1400
Northern PROJECT
Pran
Seaton Section Section Section
Northern Parkway: El Mirage Road Overpass Final Design T.Y. Lin International, Inc.
PROJECT NO. TT0499 Contract No. 2017-035
ESTIMATE OF DIRECT EXPENSES
Travel
A. Local Mileage at
0.54 30 trips @ 28 miles round trip 840 miles
Subtotal Travel 454
Plotting
B. 11x17 Exhibits / Plans at 0.08 760
Assume 190 pages for plans x4 60.80
C. 8.5x11 Reports / Specs at 0.04 1,400
Assume 350 pages for reports/specs x 4 49
D. Plan Submittals — -
Half Size Bond Copies at Copies
Full Size Bond Copies at 2.75 190 Copies
Subtotal Plotting 522.50
Miscellaneous Expenses
C. Courier (6 budgeted at $15/delivery) 45.00
Subtotal Miscellaneous Expenses 45
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
Burgess & Mple 96,033
Traffic Research & Analysis (Tier 2) (See B&N Fee) 942
Foothills Traffic Engineering (Tier 2) 25,149
Del Sal Group (DBE) 17,851
Newton Environmental Consulting (DBE) (Tier 2) (See DSG Fee) . $ 3,260
Ethos Engineering (DBE) 52,056
ACS Services, Inc (DBE) (Tier 2) (See Ethos Fee) 36,911
Infrastructure Mavens 21,600
J2 Engineering & Environmental Design (DBE) 62,268
TOTAL ESTIMATED OUTSIDE SERVICES 316,070
TOTAL ESTIMATED EXPENSES $ 317,092
W25/2013 Pap 1 of 1
Scope of Services
Final Design
Northern Parkway: El Mirage Road Overpass
Sub Consultant: Burgess & Niple
Project No: TT0499
Contract No.: 2017-035
Marieopa County
Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
December 2017
Scope of Services
Northern Parkway: El Mirage Road Overpass
Table of Contents
SCOPE OF SERVICES — PROJECT SPECIFIC 3
Project Overview 3
SECTION 100 PROJECT MANAGEMENT 3
100.3 Kick-Off Meeting 3
100.6 Project Progress Meetings 3
100.8 Field Walk with Project Team 3
100.9 Project Administration 3
SECTION 200 DATA ACQUISITION 3
200.3 Identify Additional Information Needs 3
SECTION 400 PROJECT COORDINATION 3
400.4 Public Involvement 3
400.6 Project Coordination 4
SECTION 800 TECHNICAL MEMORANDA AM) REPORTS 4
800.1 Traffic Analysis 4
SECTION 1100 PLANS, SPECIFICATIONS AND ESTIMATE 4
1100.1 60% Plans, Specifications and Estimate Development 4
1100.3 95% Plans, Specifications and Estimate Development 5
1100.5 100% Plans, Specifications and Estimate Development 5
SECTION 1400 CONSTRUCTION PHASE 5
1400.6 Post Design Services 5
List of Appendices
Appendix A Derivation of Cost
Appendix B Cost Proposal: Traffic Research & Analysis, Inc.
Appendix C Cost Proposal: Foothills Traffic Engineering, LLC
Project No.: TT0499 Contract No.: 2017-035
December 5, 2017 Page 2 of 5
Scope of Services
Northern Parkway: El Mirage Road Overpass
SCOPE OF SERVICES - PROJECT SPECIFIC
Project Overview
The Maricopa County Department of Transportation (MCDOT) has requested services from TY LIN
International (Consultant) to perform final and post design services for the project. Burgess & Niple is a
Sub Consultant (Sub Consultant) to the TY UN International team. The Derivation of Cost is provided in
Appendix A. Traffic Research & Analysis, Inc. (see Appendix B for Scope of Work) and Foothills Traffic
Engineering, LLC (see Appendix C for Scope of Work) are subconsultants to Burgess & Niple and tiered
subconsultants to TY UN International.
SECTION 100 PROJECT MANAGEMENT
100,3 Kick-Off Meeting
The Kick-Off Meeting (KOM) will take place at the MCDOT offices located at 2901 W. Durango Street,
Phoenix, Arizona. Sub Consultant will have one (1) representative attend the KOM.
100.6 Project Progress Meetings
Project Progress Meetings will take place approximately once every month for the duration of the project
beginning in the month after the KOM. An estimated twelve (12) meetings are anticipated based on a
project schedule of 400 calendar days for design with a 350 calendar day delay prior to construction.
There will be no progress meetings during the 350 calendar day delay. The meetings will take place at
MCDOT offices located at 2901 W. Durango Street, Phoenix, Arizona. Sub Consultant will have one (1)
representative attend the Project Progress Meetings.
100.8 Field Walk with Project Team
Sub Consultant will have one (1) representative in attendance at the field walk.
100.9 Project Administration
Sub Consultant will set up and administer the project. Sub Consultant will submit monthly invoices in a
format approvedby the Consultant. Project administration services will take place during the 400 calendar
days for design and during the 350 calendar day delay between design and construction.
SECTION 200 DATA ACQUISITION
200.3 Identify Additional Information Needs
Sub Consultant will identify additional information needed to complete the design, contact the appropriate
agencies, and obtain needed information. Sub Consultant will then review the acquired data and
incorporate into the design as appropriate.
SECTION 400 PROJECT COORDINATION
400.4 Public Involvement
One (1) public meeting, open-house format, is anticipated and assumed to take place near the project site.
Two (2) preparation meetings are anticipated before the public meeting and assumed to take place at
Consultant's offices located at 80 E Rio Salado Parkway, Tempe, Arizona. Sub Consultant will have one
(1) representative in attendance at each meeting.
Project No.: TT0499 Contract No.: 2017-035
December 5, 2017 Page 3 of 5
Scope of Services
Northern Parkway: El Mirage Road Overpass
400.6 Project Coordination
Sub Consultant will coordinate with the project team throughout the duration of the project's design
development. One (1) Sub Consultant representative will participate in monthly conference calls during
the project. Coordination will be primarily via e-mail and telephone conversations. Any coordination with
external stakeholders will be documented and sent via email to Consultant Project Manager.
Sub Consultant will participate in coordination meetings for adjacent project TT0427 Northern Parkway
Dysart Road Overpass. An estimated six (6) meetings will take place at MCDOT offices located at 2901
W. Durango Street, Phoenix, Arizona. Sub Consultant will have one (1) representative in attendance.
SECTION 800 TECHNICAL MEMORANDA AND REPORTS
800.1 Traffic Analysis
Sub Consultant will prepare a Traffic Report to confirm preliminary assumptions of turn lane layout and
storage lengths of TT0347. The Traffic Report will be limited to the following activities:
• Review the traffic analysis completed as part of the TT0347 scoping study.
• Conduct 12-hour turning movement counts as outlined in Appendix B for the intersection of
Northern Avenue and El Mirage Road.
• Obtain the MAG regional travel demand model for the existing and future year conditions to
process the traffic counts and volume estimates to update the traffic forecasted for the two (2)
new El Mirage Road traffic interchange intersections. The procedures outlined in NCHRP 765
report will be used to forecast the traffic.
• Perform capacity analysis and confirm preliminary assumptions of turn lane layout and storage
lengths.
Sub Consultant will review TT0347 final design signal head locations for sight distance and visibility
after TT0499 bridge substructure and superstructure design is complete. Potential revisions to the TT0347
final design plans to make necessary adjustments for sight distance and visibility are not included in this
Scope of Work.
SECTION 1100 PLANS, SPECIFICATIONS AND ESTIMATE
1100.1 60% Plans, Specifications and Estimate Development
Sub Consultant will prepare traffic control plans for the construction of the Northern Parkway structure
over El Mirage Road, the approach work along Northern Parkway approximately 0.4 miles west and east
of El Mirage Road, and ancillary work along El Mirage Road. It is assumed that the traffic control plans
will include the following sheets:
• Construction Sequence Phasing Overview (4 sheets)
• Phasing Table (2 sheets)
• General Notes (1 sheet)
• Summary of Quantities Table (1 sheet)
• Advanced Signing (1 sheet)
• Intersection Closure/Detour (1 sheet)
• Traffic Control Plans (12 sheets)
It is assumed that traffic control plans for the construction of Northern Parkway over Dysart Road TT0427
will be completed by others. Sub Consultant will review the traffic control plans and sequencing prepared
by others for the TT0427 project. Sub Consultant will incorporate and combine TT0427 and TT0499
Project No.: TT0499 Contract No.: 2017-035
December 5, 2017 Page 4 of 5
Scope of Services
Northern Parkway: El Mirage Road Overpass
traffic control plans. This consists of incorporating the TT0427 traffic control scheme into the
Construction Sequencing Phasing Overview, Phasing Table, and General Notes sheets. All other TT0427
traffic control sheets will be prepared by the TT0427 design team and are not included in this Scope of
Work.
Sub Consultant will prepare a construction schedule for project activities.
Sub Consultant will prepare traffic control special provisions and estimate traffic control construction
costs. This includes incorporating the traffic control special provision and estimated traffic control
construction costs prepared by others for the TT0427 project.
Sub Consultant will participate in one (1) comment resolution meetings. The meeting will take place at
the MCDOT offices located at 2901 W. Durango Street, Phoenix, Arizona. Sub Consultant will have one
(1) representative in attendance.
1100.3 95% Plans, Specifications and Estimate Development
Sub Consultant will update the traffic control plans, specifications and estimate per comments received
on the 60% submittal.
Sub Consultant will participate in one (1) comment resolution meetings. The meeting will take place at
the MCDOT offices located at 2901 W. Durango Street, Phoenix, Arizona. Sub Consultant will have one
(1) representative in attendance.
1100.5 100% Plans, Specifications and Estimate Development
Sub Consultant will update the traffic control plans, specifications and estimate per comments received
on the 95% submittal.
SECTION 1400 CONSTRUCTION PHASE
1400.6 Post Design Services
Sub Consultant will provide Post Design services as requested by Consultant. An allowance of twenty
(20) hours is provided for this task. Sample activities may include:
• Update the project documents, which may be required due to changes in site conditions between
the completion of the plans and the bidding of the project.
• Prepare additional documents for alternate bids for the Work or a portion thereof.
• Determine the acceptability of substitute materials and equipment proposed.
• Assist in evaluating bid protests.
• Respond to questions and make site visits to clarify and interpret the intent of the project
documents.
Project No.: TT0499 Contract No.: 2017-035
December 5, 2017 Page 5 of 5
Scope of Services
Northern Parkway: El Mirage Road Overpass
APPENDIX A
DERIVATION OF COST
Project No.: T1'0499 Contract No.: 2017-035
December 5, 2017
Northern Parkway: El Mirage Road Overpass Burgess & Niple
PROJECT NO. TT0499 Contract No. 2017-035
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Senior Engineer 20 66.75 $ 1,335
Engineer III 266 52.28 $ 13,906
Engineer II 142 46.30 $ 6,575
Engineer I 252 33.28 $ 8,387
Contract Administrator 12 32.13 386
692 Hours
Estimated Labor Cost 30,589
Overhead 184.37% 56,397
Subtotal 86,986
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel 349
Plotting
Miscellaneous Expenses
Total Estimated Expenses 349
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost DBE DBE Cost DBE % = 0.77%
Traffic Research & Analysis, Inc. 942 X $ 942
Foothills Traffic Engineering, LLC 25,149
Total Estimated Outside Services $ 26,091
PROFIT (Direct Labor +Overhead) 10% 8,698.59
TOTAL ESTIMATED FEE $ 122,124
CONTRACT TIME 750 Calendar Days
December 5, 2017
Consultant Firm Signature Date
12/5/2017 Page 1 of 3
2 or 2
Page
4.0 36.0 4.0 30.0 10.0 12.0 64.0 78.0 302.0 88.0 44.0 20.0 692.0
Niple 2017-035 Total
&
Burgess No.
Contract
Contract AdminEstra tor 12 12
I
Engineer a as 160 32 16 262
II
Engineer 24 30 48 24 16 142
Ill
Engineer 4 36 4 18 2 12 40 12 86 24 8 20 266
Senior Engineer 8 8 4 20
I I 13,7 4.0 2.0 I
Hours/ Sheet
HOURS
I I
No Shts 22 22 22
STAFF Scale
Overpass ESTIMATED Development Development Development
Road Needs Estimate Estimate Estimate
and and and
Mirage Team Information Reports Estimate
TASK Meetings Project and and Specifications Specifications Specifications Services
El 110499 Meeting Progress with Administration Additional Involvement Coordination Analysis Phase
Managernent Walk Coordination Memoranda Specifications Plans, Plans, Plans, Design
Parkway: NO. Kick-Off Project Field Project Acquisition Identify Public Project Traffic 60% 95% 100% Construction Post
Project Data Project Technical Plans,
PROJECT - 100 100.3 100.6 100.8 100.9 200- 200.3 400- 400.4 400.6 800- 800.1 1100- 1100.1 1100.3 1100.5 - 1400 1400.6
Northern
Section Task Task Task Task Section Task Section Task Task Section Task Section Task Task Task Section Task
1215/2017
Northern Parkway: El Mirage Road Overpass Burgess & Niple
PROJECT NO. TT0499 Contract No. 2017-035
ESTIMATE OF DIRECT EXPENSES
Travel
A. Local Mileage at
0.535 653 I miles
Subtotal Travel
Plotting
B. Exhibits at exhibits
C. Plots at plots
D. Plan Submittals
Half Size Bond Copies at Copies
Full Size Bond Copies at Copies
Subtotal Plotting
Miscellaneous Expenses
C. Other
Subtotal Miscellaneous Expenses
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
Traffic Research & Analysis, Inc. 942
Foothills Traffic Engineering, LLC 25,149
TOTAL ESTIMATED OUTSIDE SERVICES 26,0911
TOTAL ESTIMATED EXPENSES $ 26,439.67
12/512017 Page 3 01.3
Scope of Services
Northern Parkway: El Mirage Road Overpass
APPENDIX B
COST PROPOSAL: TRAFFIC RESEARCH & ANALYSIS, INC.
Project No.: TT0499 Contract No.: 2017-035
December 5, 2017
®
TRAFFIC RESEARCH & ANALYSIS, INC.
I 'I IV Specializing in Traffic Data Collection
3844 East Indian School Road, Phoenix, Arizona 85018
(602) 840-1500 FAX (602) 840-1577
Quoted to: BURGESS & NIPLE INC.
1500 N Priest Dr Quotation
Suite 101 Page:
Tempe, AZ 85281
1
Client PO #: U/K Quote # 17189
Client Project # Good Thru Project Name / Location Terms
MCDOT T10499 12/22/17 Northern Ave & El Mirage Rd Net 30 days
MCDOT
Quantity Item Description Unit Price Extension
4.00 702 Field Supervisor 61.380 245.52
0,50 705 Data Manager 107.420 53.71
0.50 707 Admin 61.530 30.77
0.50 704 Project Manager 146.940 73.47
12.00 800 Video Processing(Standard) - Intersection Turning Movements: 35.000 420.00
Standard Class Lights/mediums/articulated. Vehicles only
160.00 803 Mileage (rate is based upon actual costs per IRS. Accepted by 0.740 118.40
ADOT Audit (Report P14-181, issued 5/15/14)
Please note that terms are NET 30 DAYS, unless other contractual Subtotal 941.87
arrangements have been made. A finance charge of 1.5% per month
will be applied to any outstanding balance. TOTAL: 941.87
It is understood that not all desired collection locations/sites have been physically inspected for potential collection
suitability prior to the submission of this quote. No guarantee is made, expressed or otherwise, by TRA that a specific
location (or assumed data collection methodology) can be collected as quoted. Additional costs may be incurred when
unforeseen logistics, issues of safety, permit requirements, and/or ownership issues are a factor.
By signing below I accept the terms of this quote and certify that! am authorized to sign on behalf of the
company.
ACCEPTANCE: DESIRED START DATE:
Scope of Services
Northern Parkway: El Mirage Road Overpass
APPENDIX C
COST PROPOSAL: FOOTHILLS TRAFFIC ENGINEERING, LLC
Project No.: TT0499 Contract No.: 2017-035
December 5, 2017
Foothills Traffic Traffic Engineering, LLC
December 4, 2017
David Lenzer, PE
Transportation Project Manager
Burgess & Niple Inc.
1500 N. Priest Drive, Suite 101
Tempe, Arizona 85281
RE: SCOPE OF SERVICES
NORTHERN PARKWAY: EL MIRAGE ROAD OVERPASS — FINAL DESIGN
MCDOT PROJECT NO. TT0499
MCDOT CONTRACT NO. 2017-035
Dear Mr. Lenzer,
The Maricopa County Department of Transportation (MCDOT), in partnership with the Cities of
Glendale, Peoria, and El Mirage, proposes to improve Northern Parkway between one-half mile west
of El Mirage Road and one-half mile east of El Mirage Road by constructing a grade separated crossing
over El Mirage Road. Northern Parkway is an urban principal arterial. The project design team includes
T.Y. Lin International Group (TYLin) and Burgess & Niple Inc. (B&N). Foothills Traffic Engineering LLC
(FTE) is a second-tier sub-consultant to B&N. FTE has been tasked with providing roadway lighting
analysis, roadway lighting design and post design services on this project.
As stated in Section 11.15 of "Exhibit A" within the MCDOT requested scope of services for this
project, "The consultant shall prepare a roadway lighting report and roadway lighting plans,
specifications and estimates in accordance with Arizona Department of Transportation (ADOT)
guidelines." Design plans will be created in MicroStation CAD software and FTE's design sheets will
be inserted into the overall project package. Based on these guidelines the following tasks are
assumed:
Scope of Services:
Task 1: Site Reconnaissance/Data Collection
FTE will visit the project site and collect data to include lane configurations and traffic control devices
within the immediate project area and to obtain an onsite understanding of the proposed project.
Items of note will include existing roadway lighting, existing power sources and any existing overhead
power lines. TYLin will provide FTE with electronic base files that include: existing right of way,
proposed right of way, edge of existing and proposed pavement, existing and proposed structures,
existing and proposed drainage features; and existing and proposed utilities. TYLin will also provide
15410 S .111(11 PL Phoenix, AZ I (.0.'380 grair. I www.frir..I, i.
any available as-built plans for the nearby roadways and the latest available plans from adjacent
Northern Parkway at Dysart Road overpass project being designed by Stanley Consultants (Stanley).
Task 2: Roadway Lighting Analysis
FTE will complete a point-by-point lighting analysis along Northern Parkway, the proposed El Mirage
Road ramps and El Mirage Road bridge underdeck within the project limits. The lighting analysis will
identify the lighting levels on Northern Parkway, proposed El Mirage Road ramps and El Mirage Road
bridge underdeck only within the project limits.
FTE will prepare a lighting analysis memorandum with tables and figures which summarize the
predicted illumination levels and lighting contours with the proposed design within the project limits.
Five copies of the "Initial" technical memorandum will be provided with the 60% submittal package
for review and comment by the MCDOT led project team.
FTE will revise the technical memorandum based on comments received during the 60% submittal.
FTE will then prepare and submit five copies of the "Final" technical memorandum which will be
submitted with the 95% submittal package.
The roadway lighting analysis is assumed to be limited to the project paving limits and will connect to
the end of the adjacent Northern Parkway at Dysart Road overpass project currently under design by
Stanley.
Task 3: Traffic Engineering Design
FTE will prepare 60%, 95%, 100% and sealed PS&E roadway lighting design plans within the project
limits. The traffic engineering design plans will be inserted into the overall TYLin plan set. The traffic
engineering design will also include responding to design review comments from the project team on
the 60%, 95% and 100% plan submittals.
FTE will prepare mainline Northern Parkway and El Mirage Road ramp roadway lighting plans. The
mainline roadway lighting plans will be laid out at a 1:50 scale. No cross-street roadway lighting plans
will be completed. The plan view sheets will show the light pole locations, pull boxes and conduits for
the roadway lighting within the project limits. The project limits stretch approximately one-half mile
east and west of the El Mirage Road centerline. Roadway lighting will not be designed on or east of
the future Agua Fria River Bridge.
The roadway lighting design plans will include general roadway lighting and notes/quantity sheets,
conduit joint trench detail sheets, barrier mounted pull box detail sheets and roadway lighting
pole/conductor schedules identifying the types of light poles and associated electrical wiring in each
conduit run. Underdeck lighting will be included at the El Mirage Road underpass of Northern
Parkway. The power source location and load-center cabinet locations for the roadway lighting will
be identified on the plans. In addition, voltage drop calculations will be performed to verify the
conductor size for each roadway lighting circuit.
Any necessary roadway lighting special provisions and a detailed cost estimate will be prepared in
conjunction with each plan submittal.
The roadway lighting plan set will include the following sheets:
• Roadway Lighting General Notes and Legend 1 Sheet
• Conduit Trench and Joint Trench Details 1 Sheet
• Northern Parkway Mainline Roadway Lighting Plan 5 Sheets
o Approximately Station 325+00 to 370+00
• Northern Parkway Mainline Pole, Pull Box & Conductor Schedules 5 Sheets
o Approximately Station 325+00 to 370+00
• El Mirage Road Underdeck Lighting Plan 1 Sheet
• El Mirage Road Underdeck Pole, Pull Box & Conductor Schedule 1 Sheet
• El Mirage Road Underdeck Luminaire Girder Attachment Details 1 Sheet
Total Roadway Lighting Plans 15 Sheets
As part of the roadway lighting design, electrical service request letters will be completed and
provided to MCDOT for submittal to APS. It is expected that separate service request letters will be
needed — one for the Northern Parkway lighting and one for the El Mirage Road underdeck lighting.
The electric service request letter includes coordination with the power company to verify the power
source for the proposed roadway lighting. Electric service request letters will be submitted to MCDOT
with the final plans.
Task 4: Project Meetings
FTE will attend up to 12 project meetings as needed throughout the duration of the project. The
following meetings are assumed:
• Project Kickoff Meeting
• Progress Meetings (6 Meetings)
• Field Walk
• Comment Resolution Meetings (60% and 95%)
• Coordination Meetings with Stanley (2 Meetings)
Meetings are assumed to be held at MCDOT or Stanley.
Task 5: Post Design Services
FTE will make staff available to assist MCDOT and Min with post design services. FTE's work with
regard to post design services will be limited to roadway lighting Requests for Information (RFIs) and
Shop Drawing reviews from the contractors. Five RFEs and five shop drawing review packages were
assumed. No pre-bid meeting, addenda or record drawings will be prepared under this Task.
15V
Deliverables:
The following items will be delivered to TYLin and B&N:
60% Submittal
• 1 Electronic plan set in PDF format
• 15 Roadway Lighting Plan Sheets
• 5 Copies of the Initial Roadway Lighting Technical Memorandum
• 1 Electronic copy of roadway lighting special provisions in Microsoft Word format
• 1 Electronic copy of roadway lighting cost estimate in Microsoft Excel format
95% Submittal
• 1 Electronic plan set in PDF format
• 15 Roadway Lighting Plan Sheets
• 5 Copies of the Final Roadway Lighting Technical Memorandum
• 1 Electronic copy of roadway lighting special provisions in Microsoft Word format
• 1 Electronic copy of roadway lighting cost estimate in Microsoft Excel format
• 2 Draft Electrical Service Request Letters
100% Submittal
• 1 Electronic plan set in PDF format
• 15 Roadway Lighting Plan Sheets
• 1 Electronic copy of roadway lighting special provisions in Microsoft Word format
• 1 Electronic copy of roadway lighting cost estimate in Microsoft Excel format
• 2 Final Electrical Service Request Letters
Final, Sealed Submittal
• 1 Electronic plan set in PDF format
• 15 Roadway Lighting Plan Sheets
• 1 CD With Sealed PDF's and all CAD Base Files and Sheet Files
Assumptions:
The following assumptions were used in preparing this scope of services and fee proposal:
• No traffic analysis,
• MCDOT will provide existing as-builts in the area.
• Stanley will provide design plans for the adjacent Northern Parkway project.
• TYLin will provide electronic base plans for the project improvements.
• There will only be four (4) design package submittals.
• Roadway lighting plans will be incorporated into the overall plan set.
• No utility coordination.
• All plan submittals will be electronic.
• FTE will attend only 12 project meetings.
• No traffic signal, ITS, FMS, traffic control or signing/marking design will be completed.
• TYLin, B&N or MCDOT will provide any necessary potholing, roadway design, structure design
and utility coordination.
• Post design tasks will be limited to 4 RFIs and 4 Shop Drawing reviews.
• No record drawings will be completed.
• Roadway lighting analysis will only be completed within the new paving limits.
• Special light pole foundations, including high mast, will not be included.
• The project contract will be B&N as sub-consultants to TYLin
Thank you again for the opportunity to prepare this scope of services. A separate fee schedule has
been attached to this scope of services for your review and acceptance.
Sincerely,
C4e,a-ornp Gra&-gs.
Christopher Williams, PE, PTOE
Principal
Foothills Traffic Engineering, LLC
Northern Parkway: El Mirage Road Overpass Final Design Foothills Traffic Eng. LLC
PROJECT NO. TT0499 Contract No. 2017-035
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Project Principal
Design Manager
Senior Project Engineer 38 126.00 $ 4,750
Project Engineer 113 95.00 $ 10,735
Engineer / Designer 164 55.00 $ 9,020
Technician
Administrative 12 30.00 $ 360
Clerical
327 Hours
Estimated Labor Cost $ 24,865
Overhead
Subtotal 24,866
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel 284
Plotting
Miscellaneous Expenses -
Total Estimated Expenses 284
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Total Estimated Outside Services
PROFIT (Direct Labor +Overhead)
TOTAL ESTIMATED FEE $ 25,149
CONTRACT TIME Calendar Days
/24,;,<Prog/7
Consultant Firm Signature Date
3.9612M3 Pagelca
LLC 11.0 7.0 27.0 15.9 201.0 15.0 5.0 7.0 10.0 2.0 11.0 2.0 3,0 2.0 9.0 327.0 o13
2017-035 Total 2 Page
Eng.
Traffic No. Clerical
Contract
Foothills minIstra tive 1 1 1 1 1 1 1 1 3 1 12
Ad
Technician
I
Engineer Designer 6 6 20 8 118 6
Project Engineer 4 4 4 60 6 4 4 6 2 6 2 3 2 4 L
Senior project Enalnper 2 2 22 2 2 4 4 58
Design Manager
Project Principal
13 22
Hours/ Sheet
No Shts 15 15
PHASE
Scale
-
HOURS
STAFF
Design
Final ESTIMATED
Overpass
100%)
TASK
Road 95%, 2)
(60%, 2) 414)
100%) (Assures
Mirage Collection Sheets) Provisions 95%, (Assume (Assume
Analysis Analysis (15 6) w/Stanley
El (60%, (Assume Meeting
TT0499 Lighting Lighting Design Special Letters Review/RFI's
Reconnaissance/Data Lighting and Resolution Meetings Resolution Meetings
Parkway: Prep Roadway Roadway Request Meeting Drawing
NO. Plan Estimate Walk
She Base Initial Final Roadway Cost Service Comment QA/QC Kickoff Progress Field Comment Coordination Shop
Northern PROJECT 1-1 1-2 2-1 2-2 3-1 3-2 3-3 3-4 3-5 4-1 4-2 4-3 4-4 4-5 5-1 3126/2013
1 Task Task 2 Task Task 3 Task Task Task Task Task 4 Task Task Task Task Task 5 Task
Task Task Task Task Task #
Northern Parkway: El Mirage Road Overpass Final Design Foothills Traffic Eng. LLC
PROJECT NO. TT0499 Contract No. 2017-035
ESTIMATE OF DIRECT EXPENSES
Travel
A. Local Mileage at
$ 0.54 1 3--0-1miies
Subtotal Travel U 284 I
Plotting
B. Exhibits at exhibits
C. Plots at plots
$
D. Plan Submittals
Half Size Bond Copies at Copies
Full Size Bond Copies at Copies
Subtotal Plotting $
Miscellaneous Expenses
C. Other $
Subtotal Miscellaneous Expenses $
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
$
$
TOTAL ESTIMATED OUTSIDE SERVICES $
TOTAL ESTIMATED EXPENSES $ 284
3126/2013 Page 3 013
*,•II 14(
---47Wel Sol Group
„4000, environment redefined
November 23, 2017
Paul Baca, PE
Senior Associate
T.Y. Lin International
60 E. Rio Salado Parkway, Suite 501
Tempe, AZ 85281
RE: Environmental Compliance Services — Northern Parkway, El Mirage Road Overpass
MCDOT TT0499; Contract No. 2017-035; TRACS T0153 03D; Fed. STBGP-MMA-0(275)
Paul:
Pursuant to your request, Del Sol Group (DSG) is pleased to provide you with a scope and cost estimate for
environmental compliance services for the above referenced project located in Maricopa County, Arizona. It is our
understanding that the project will receive federal funds for construction of a Northern Avenue overpass over El
Mirage Road. Environmental compliance is typically needed to meet the requirements of the National
Environmental Policy Act so that design can proceed without delay.
We have proposed completion of six (6) tasks, as described herein. Documentation would follow current Maricopa
County Department of Transportation (MCDOT), Arizona Department of Transportation (ADOT) and Federal
Highway Administration guidelines.
As always, we appreciate this opportunity to work with T.Y. Lin and hope you find our costs reasonable. Please
call me at (480) 642-9845 if you need any additional information.
Sincerely,
-4ra/1201,1-A6'.
Noelle Sanders, Principal
cc: K. Mosler/DSG
319 E. Palm Lane • Phoenix, Arizona 85004 • 480.642.9845 • www.groupdelsol.com
Northern Parkway, El Mirage Road Oveipass
Environmental Compliance
Page 2 of 3
Project Understanding and Scope of Work
This MCDOT project includes improvements to Northern Parkway from one-half mile west of El Mirage Road to
one-half mile east of El Mirage Road, including constructing mainline pavement and a grade-separated east-west
crossing over El Mirage Road. Work will include construction of overpasses, approach roadway, approach slabs,
anchor slabs, retaining walls, striping, signage, and conduit for future ITS. No new right-of-way will be required.
Utilities have previously been relocated or installed, therefore no extensive utility work is anticipated.
The Final Environmental Assessment for Northern Parkway ("Final EA"), dated April 26, 2010 will be the basis
for the environmental resource updates provided by DSG, as described below.
Task A: Coordination and Meetings
This task includes: project coordination with the design team and MCDOT, and attendance at the project kickoff
meeting, twelve (12) progress meetings, three (3) comment review meetings, and six (6) stakeholder meetings, as
necessary. This task spans the duration of the project, through final design.
Task B: Biological Resources Update
A Del Sol Group biologist will review the Arizona Game and Fish Department (AGED) and US Fish and Wildlife
species database searches, and conduct a site visit to determine existing conditions in the project area and within
the project limits. The current species searches and existing project conditions will be compared to the mitigation
measures in the Final EA. Results of the site visit, site conditions review, and any recommendations for changes to
mitigation measures in the Final EA will be documented in a technical memorandum. Species-specific surveys are
not included in this scope and fee estimate, however a separate fee proposal can be provided, as necessary.
Deliverables: Site visit; Biological Resources Memorandum
Task C: Cultural / Historic Resources Update
The AZSITE database, maintained by the Arizona State Museum, and the General Land Office records housed by
the Bureau of Land Management, will both be reviewed to determine the extent of previous cultural surveys, and
location of known sites in relation to the proposed project. The existing records will be compared to the current
project footprint and the recommendations in the Final EA. Results of the review, and any recommendations for
changes to mitigation measures in the Final EA, will be documented in a technical memorandum.
Deliverables: Cultural Resources Memorandum
Task D: Hazardous Materials Update
Task D-1: Preliminary Initial Site Assessment
Hazardous materials databases will be reviewed to determine any documented sources within the project area.
A site visit will be conducted to visually review the presence/absence of any potential hazardous materials
sources. Existing records and site visit results will be compared to the recommendations in the Final EA.
Results of the review and any recommendations for changes to mitigation measures in the Final EA will be
documented in a Preliminary Initial Site Assessment (PISA).
Deliverables: Site visit; PISA
319 E. Palm Lane • Phoenix, Arizona 85004 • 480.642,9845 • www.groupdelsol.com
Northern Parkway, El Mirage Road Overpass
Environmental Compliance
Page 3 of 3
Task D-2: Lead-based paint/Asbestos Materials Testing
Based on the initial scope of work, we estimate that paint striping and concrete structures may require
hazardous materials sampling and testing. This task would include collection of field samples for lead and
asbestos in paint and asbestos in concrete structures, as needed, and a summary report documenting fmdings
and recommendations. Laboratory testing for six (6) paint sample locations and six (6) asbestos sample
locations is included in our outside service estimate.
Deliverables: Lead-based paint and asbestos sampling and summary report
Task E: Water Resources/Section 404 Update
This task will include field review of the existing conditions to determine applicability of Section 404 Waters of the
U.S. jurisdiction at the project location. Results of the review will be documented and submitted to MCDOT for
their records. This task does not include 404 jurisdictional delineation or permitting, however a separate fee
proposal can be provided, as necessary.
Deliverables: Section 404 review for proposed project limits; documentation of findings
Task F: Air Quality Review — see Estimated Outside Expenses
This project lies within the Phoenix PM10 nonattainment and CO maintenance areas. Therefore, PK(' and CO
Hot-Spot Questionnaires will be prepared to commence interagency consultation to determine if modeling is
necessary.
Deliverables: PMio and CO Hot-Spot Questionnaires
Proposal Assumptions:
Costs for this project will be submitted as an attachment to this proposal. Please note this proposal does not include
public meeting attendance, agency or public scoping, species-specific biological survey, Section 7 consultation with
US Fish and Wildlife Service, native plant inventory or tagging, cultural resources class III survey, cultural
flagging/monitoring, Phase I Site Assessment, or Clean Water Act Section 404 delineation or permitting. If these
services are found necessary, DSG will request a revision to this scope and fee at that time.
319 E. Palm Lane • Phoenix, Arizona 85004 • 480.642.9845 • www.groupdelsol.com
Northern Parkway: El Mirage Road Overpass Final Design Del Sol Group
PROJECT NO. TT0499 Contract No. 2017-035
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Env. Director 10 46.00 460
Sr. Archaeologist 8 39.50 316
Env. Project Manager 88 36.00 3,168
Geologist 16 35.00 560
Sr. Biologist 12 32.00 384
Env. Specialist 24 32.00 768
GIS, Graphics 8 30.00 240
Administrative 8 20.00 160
174 Hours
Estimated Labor Cost 6,056
Overhead 165% 9,992
Subtotal 16,048
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel 24
Plotting
Miscellaneous Expenses
Total Estimated Expenses 24
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Newton Environmental Consulting, LLC 3,260
LBP and ACM Testing (estimate) 174
Total Estimated Outside Services $ 3,434
PROFIT (Direct Labor +Overhead) 10% 1,604.84
TOTAL ESTIMATED FEE
CONTRACT TIME Calendar Days
AACLUIL_ -5(44/LotUvv-- 11/22/2017
Consultant Firm Signature Date
3/2612013 Pagel of 3
Group 4.0 24.0 6.0 174.0 3 V 2
2017-035 Total Page
Sol
Del No. Administra tive 8 8
Contract
GIS, Graphics 2 2 2 2 5
Env. Specialist 8 a 4 4 ?A
Sr. Biologist 12 2 1
Geologist 16 16
Env. Project Manager 2 24 6 12 24 2 2 12 4 88
Sr. Archaeolo oist 8 8
Env. Director 2 8 10
I
Design HOURS Hours/ Sheet #D1V/01 #131V/01 #DIV/01 #DIV/01 4DIV/0! 4/DIV/01 #DIV/OE #DIV/01 #01V/01 #DIV/01 4/01V/0! #DIV/0! 4/DIV/01 #DIV/Ol #DIV/01 #DIV/01 #DIV/0! #DIV/0! #DIV/01 #DIV/01 #DIV/0! #D1V/01 #DIV/0! #D1V/01 #DIV/01 #DIV/01 #DIV/01 #DIV/0! #DIV/01 #DIV/01 #DIV/01 ODIV/01 #DIV/0! #DIV/01 #DIV/01 #1:11V/Ol ODIV/0! #DIV/O!
I
Final STAFF No Shts
Scale
Overpass
ESTIMATED Expense
Road Testing
(RSA) Outside
Mirage Update Materials Update
Assessment 404 Estimated
El TASK Meetings Meetings Coordination Update Resources Update Asbestos Section see
TT0499 and Meetings Review Meeings Resources Historic Materials Site Initial Paint! / - Review
Parkway: NO. Meeting Team I Resources
Coordination Kickoff Progress Comment Stakeholder Design Biological Cultural Hazardous Preliminary Lead-based Water Quality
Air
Northern PROJECT A A-1 A-2 A-3 A-4 A-5 B C D D-1 D-2 E F 3126/2013-
Task Task Task Task Task Task Task Task Task Task Task Task Task #
Northern Parkway: El Mirage Road Overpass Final Design Del Sol Group
PROJECT NO. TT0499 Contract No. 2017-035
ESTIMATE OF DIRECT EXPENSES
Travel
A. Local Mileage at
0.54 44 miles
Subtotal Travel 24
Plottinci
B. Exhibits at exhibits
C. Plots at plots
D. Plan Submittals
Half Size Bond Copies at Copies
Full Size Bond Copies at Copies
Subtotal Plotting
Miscellaneous Expenses
C. Other
Subtotal Miscellaneous Expenses
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
Newton Environmental Consulting, LLC 3,260
LBP and ACM Testing (estimated, six test locations each material) 174
TOTAL ESTIMATED OUTSIDE SERVICES 3,434
TOTAL ESTIMATED EXPENSES 3,458
1/2612013 Page 3 of 3
kf Aipk r
---4011tel Sol Group
November 20, 2017
Contracts Specialist
Maricopa County Department of Transportation
2901 West Durango
Phoenix, AZ 85009
Re: Audited Overhead Rate - MCDOT Contract No. 2017-035 (T.Y. LIN)
Dear Contracts Specialist.
This letter is to confirm that Del Sol Group, LLC does not have an audited overhead rate. If you
have any questions, please feel free to call me 480-642-9845 or email me at
nsanders@groupdelsoL corn.
Respectfully submitted,
IAAtuku--drAtvuoluvv-
Noelle Sanders, Principal
Del Sol Group, LLC
319 E. Palm Lane • Phoenix, Arizona 85004 • 480.642.9845 • www.groupdelsol.com
effiton
Environmental Consulting, LLC
November 22, 2017
Kristyn Mosier
Del Sol Group
319 E. Palm Lane
Phoenix, AZ 850004
Project: Northern Parkway: El Mirage Road Overpass
Categorical Exclusion
Re: Scope-of-Services and Cost-Estimate
Air Quality Analysis
Dear Kristyn Mosier:
Newton Environmental Consulting, LLC (NEC) is pleased to submit for your consideration our Scope-of-
Services and Cost-Estimate for the Air Quality Analysis for the construction of a new overpass at
Northern Parkway and El Mirage Road in the City of Glendale within Maricopa County, Arizona.
NEC will provide the services for the air quality analysis as described in the Scope of Service for an
amount of $3,260.00
We hope that you will find this Scope-of-Services and Cost-Estimate complete. Please call me directly
at 602.332.9642, should you have any questions or require additional information.
Sincerely,
Angela Newton
Principal
Attachments: Cost Derivation Sheets
November 22, 2017 Scope & Estimate: Air Quality Analysis Services
NEC SCOPE-OF-SERVICES
NORTHERN PARKWAY: EL MIRAGE ROAD OVERPASS
PROJECT UNDERSTANDING
The project consists of improving Northern Parkway between one-half mile west of El Mirage Road to
one-half mile east of El Mirage Road to a grade separated crossing over El Mirage Road. The El Mirage
Road Overpass will have 2 spans and will generally follow the design provided by the TT0347 Northern
Parkway Dysart Road to 111th Avenue scoping plans. The bridge and approach roadway will be striped
in the interim to have 12-foot shoulders and two 12-foot lanes of traffic each way on Northern
Parkway. The approach roadway will be striped to have 12-foot shoulders and two 12-foot lanes of
traffic each way. The bridge will be constructed to accommodate a future third lane by way of striping
changes.
AIR QUALITY ANALYSIS ASSUMPTIONS
Based on the ADOT Transportation Data Management System website within the project area along
Northern Parkway, currently the highest Annual Average Daily Traffic (MDT) volume is 12,319. While
MSATs are also a component of vehicle emissions, they are a not part of the National Ambient Air
Quality Standards (NAAQS). A Level 1 Assessment is for those projects that do not have a significant
increase in traffic volumes and projects qualifying as a categorical exclusion under 23 CFR 771.117. The
assumption is that the environmental document will be a categorical exclusion therefore no analysis or
discussion of MSAT is necessary.
This project is within the particulate matter (PM10) nonattainment and carbon monoxide (CO)
maintenance areas. In support of the NEPA process for the project, there will be a qualitative
assessment to determine the level of analysis needed for PM10 and CO hot-spots. The conformity
analysis for this project will require interagency consultation with the Arizona Department of
Transportation (ADOT), EPA Region 9, the Arizona Department of Environmental Quality (ADEQ), and
the Maricopa Association of Governments (MAG) to determine if a quantitative analysis is necessary.
NEC assumes CO and PM10 hot-spot modeling will not be needed for this project and therefore are not
included in this scope and cost estimate.
LIST OF REQUIRED ITEMS
The items listed in the table on the following page are required to complete the Air Quality Analysis.
NEC anticipates the first draft air quality questionnaires will be available for internal project team
review within one (1) month after receiving the requested items below:
• Traffic Volume Data - AADT, VMT's, turning movement, truck percentages & LOS at the
intersection of Northern Parkway and El Mirage Road for existing, no-build and future scenarios
to be provided by T.V. Lin.
Page 2 of 6
November 22, 2017 Scope & Estimate: Air Quality Analysis Services
TASKS DESCRIPTIONS
1. Project Management
Scoping, scheduling, budgeting, and billing services.
2. Meetings
Attend a total of one (1) project progress meeting in Phoenix.
3. Air Quality Analysis/Questionnaires
This project lies within the Phoenix PIVI13 nonattainment and CO maintenance areas. Therefore, PlAio
and CO Hot-Spot Questionnaires will be prepared to commence interagency consultation to determine if
modeling is necessary. Prepare draft air quality questionnaires in Word format for the internal project team
(Del Sol Group) for review. Address comments per internal team review; revise air quality questionnaires
for ADOT review. Address comments as needed and submit the final air quality questionnaires in Word
format to ADOT.
Page 3 of 5
Northern Parkway: El Mirage Road Overpass Final Design Newton Environmental Consulting
PROJECT NO. TT0499 Contract No. 2017-035
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Project Manager 4 $ 55.00 220
Noise / Air Quality Specialist 19 $ 48.09 857
Technician 33.00
Administrative 8 $ 22.50 180
31 Hours
Estimated Labor Cost 1,257
Overhead 134% 1,683
Subtotal 2,940
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel 26
Plotting
Miscellaneous Expenses
Total Estimated Expenses 26
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Total Estimated Outside Services
PROFIT (Direct Labor +Overhead) 10% 294.01
TOTAL ESTIMATED FEE $ 3,260
CONTRACT TIME Calendar Days
11/2712017
Consultant Firm Signature Date
3/20/2013 Page 1 of 3
8.0 2.0 17.0 4.0 31.0 3 of 2
Consulting 2017-035 Totai Page
No.
Environmental Contract
Newton
.'nista tive 4 2 2 8
Adrn
Technician
1 Air Noise Quality _Soecialitit 2 2 13 2 19
Project Manager 2 2 4
_ I
Design HOURS Hours/ Sheet #DIV/01 #DIV/Ot #DIV/OI #DIV/0! #DIV/0! #DIV/01 #DIV/01 #DIV/01 #DIV/01 #DIV/01 #DIV/01 #D1V/01 #D1V/01 #D1V/01 #D1V/01 #D1V/01 #DIV/01 #D1V/01 #DIV/01 #DIV/01 #131V/0! #01V/01 #D1V/01 #0W/U! #D1V/01 #DIV/01 #DIV/01 #DIV/01 #DIV/01 #D1V/01 #DIV/0! #DIV/0! #DIV/01 #D1V/01 #DIV/01 #D1V/01 #131V/01 #DIV/01
Final STAFF No Slits
Scale
Overpass
ESTIMATED
Road
Mirage
El TASK
TT0499 Questionnaire
Parkway: Management
NO. Project Meetings Quality
Air
Northern PROJECT A B C 3126/2013
Task Task Task # I
Northern Parkway: El Mirage Road Overpass Final Design Newton Environmental Consulting
PROJECT NO. TT0499 Contract No. 2017-035
ESTIMATE OF DIRECT EXPENSES
Travel
A. Local Mileage at
0.45 58 imiles
Subtotal Travel 26
Plotting
B. Exhibits at exhibits
C. Plots at plots
D. Plan Submittals
Half Size Bond Copies at Copies
Full Size Bond Copies at Copies
Subtotal Plotting
Miscellaneous Expenses
C. Other
Subtotal Miscellaneous Expenses
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
! $
$
TOTAL ESTIMATED OUTSIDE SERVICES
TOTAL ESTIMATED EXPENSES 26
LE26/2013 Page 3 of 3
PASSION • SERVANT LEADERSHIP • CHARACTER
November 22, 2017
Paul Baca, RE.
TYLin International
60 East Rio Salado Parkway, Suite 501
Tempe, Arizona 85281
SUBJECT: Proposal for Geotechnical Engineering Design Services
Northern Parkway, El Mirage Road Overpass Final Design
Project No TT0499
MCDOT Contract No. 2017-035
Maricopa County, Arizona
Dear Paul:
As requested, Ethos Engineering, LLC (Ethos) is pleased to present this proposal for
professional geotechnical engineering services for the referenced project. Included is
our understanding of the project, our proposed scope of work, man hour estimate and
estimated fees. Attachments include The Derivation of Cost Proposal Summary, the
Derivation of Hours, Estimate of Direct Expenses and quotes from our traffic control
(National Barricade Company) sub and our second tier DBE drilling and lab sub (ACS
Services).
1.0 PROJECT INFORMATION
We understand the purpose of this project is to design a new two-span overpass (OP)
bridge that will carry Northern parkway and eastbound and westbound traffic over El
Mirage Road. Based on the Preliminary Bridge Selection Report prepared by Parsons
(2012), the bridge will be approximately 256 feet in length and 125 feet in overall width.
The Northern Parkway profile will be elevated roughly 24 feet above existing site grades.
Stub abutments with short retaining walls are shown on the plans.
The alignment of Northern Parkway and the bridge will be to the south of Northern
Avenue. We understand that existing Northern Avenue will then become the westbound
frontage road. In addition to the bridge, TYLin will address mainline and ramp pavement
design extending approximately 1/2 mile west and about 900 feet east of the planned
bridge.
2.0 SCOPE OF SERVICES
Our proposed scope includes the following elements:
• Test drilling for bridge and pavement elements.
• Laboratory testing
• Engineering Analyses for bridge foundations and pavements
• Preparation of draft and final Geotechnical Investigation Report
• Preparation of draft and final pavement Design report.
• Preparation of Foundation Data Sheets Oethos
• Attendance at project meetings
ENGINEERING, ILE,
9100 S. Kyrene Rd #104
Tempe, AZ 05284
November 22 2017 2
Northern Parkway El Mirage Road Overpass, Geotechnical Engineering Services — Scope and Fee
Proposal
• Post Design Services.
Test Drilling
ACS Services will provide a drill rig and crew and Ethos will supervise the drilling of 4
abutment borings to a depth of 90 feet and 2 pier borings to a depth of 99 feet. The
borings will be advanced with a truck mounted ODEX downhole percussion hammer
with casing system. This type of drill is required to advance through the gravel and
cobbles anticipated due to the site proximity to the Agua Fria River. We will also drill
4 pavement borings along the proposed Northern Parkway centerline and 4
additional pavement borings along the centerline of planned Ramps, A, B, C and D
to address pavement designs extending 1/2 mile west and 900 feet of the planned OP
structure. Sampling, which will consist of standard penetration testing and open-end
ring sampling, will be performed at intervals of 5 feet or less within the borings. Bulk
samples of cuttings will also be obtained for select laboratory testing.
Test Drilling
ACS Services will perform laboratory testing based upon the testing assigned by
Ethos. The following is an estimate of the tests to be performed for this project:
Test Estimated No. of
Tests
Moisture Content 22
Grain-size Analysis 18
Atterberg Limits 22
Direct Shear 4
Consolidation 2
Density of Rings 10
R-value 2
pH & Resistivity 4
Sulfates and Chloride 4
Analyses and Report Preparations
We will prepare a draft and final Geotechnical Investigation Report. The report will
include a site plan showing the boring locations, logs of the borings, the results of
laboratory testing, discussions regarding our investigation and recommendations for
the design of drilled shaft foundations and bridge abutment retaining walls.
Ethos will also prepare a Pavement Design Report that will provide an evaluation of
different pavement section options, an estimate of costs for each alternative and the
recommended pavement sections. The report will address mainline and ramp
pavements beginning approximately 1/2 mile west and 900 feet east of the OP.
ethos
ENGINEERING, LLC
9180 S. Kyrene Rd #104
Tempe, AZ 85284
November 22 2017 3
Northern Parkway El Mirage Road Overpass, Geotechnical Engineering Services — Scope and Fee
Proposal
Foundation Data Sheets
Ethos will prepare Foundation Data Sheets which show the locations of test borings
relative to the planned bridge layout, as well as logs of the test borings.
Project Design Meetings
For the sake of pricing, we will plan to attend the project kickoff meeting as well as up to
six progress design meetings and a site walkthrough.
Post Design Services
Post design services are not currently defined. Based on other projects of similar
nature, we assume that our PM will need approximately 12 hours to complete this work.
We anticipate the majority of time will be spent regarding the construction of drilled
shafts.
PROJECT SCHEDULE
We will begin our work upon notice-to-proceed (NTP) and will endeavor to complete our
work so as not to impact the overall design schedule implemented by TYLin.
PROJECT FEES
Our services will be performed under the direction of an Arizona registered Professional
Civil Engineer. Based on the proposed scope of work and our understanding of the
project, we propose to complete the scope of work presented above for a Time &
Materials not-to-exceed cost of $88,967.00. If there is a need for any change in the
scope of services described in the proposal, please call us immediately. Changes may
require revision of the proposed fee, which will be communicated to you upon
assessment of the requested changes effect on the fee.
Our fees will be invoiced on a monthly basis not to exceed the indicated amount. In the
event that field conditions require a modification to the scope of work developed for this
proposal and may affect either our planned project schedule or budget, we will contact
you at the earliest opportunity to discuss these conditions.
LIMITATIONS
The geotechnical services will be performed in a manner consistent with that level of
care and skill ordinarily exercised by other members of the geotechnical profession
practicing in the same locality, under similar conditions and at the date the services are
provided. Our conclusions, opinions and recommendations will be based on information
collected by Ethos and provided by others. No subsurface explorations will be performed
by Ethos as part of this project. It is possible that conditions could vary between or
beyond the data evaluated. Ethos makes no guarantee or warranty, express or implied,
regarding the services, communication (oral or written), report, opinion, or instrument of
service provided.
g'1,)ethos
ENGINEERING, LL(.
9180 S. Kymne Rd #104
Tempo, AZ 85284
November 22 2017 4
Northern Parkway El Mirage Road Overpass, Geotechnical Engineering Services — Scope and Fee
Proposal
AUTHORIZATION
We will proceed upon successful negotiation and execution of the subconsultant
agreement provided by TYLin.
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If you have any questions or require additional information pertaining
to this proposal, we would be pleased to discuss them with you.
Sincerely,
ETHOS ENGINEERING LLC
Keith Dahlen, PE
Senior Geotechnical Engineer
Sergio Oliden, PE
President
4ethos
ENGINEERING, LL(.
9180 5. Kyrene Rd #104
Tempe, AZ 65284
Northern Parkway: El Mirage Road Overpass Final Design Ethos Engineering, LLC
PROJECT NO. 1T0499 Contract No. 2017-035
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Project Principal
Design Manager 66.79 $
Senior Project Engineer 136 5338 $ 7,260
Project Engineer
Engineer / Designer 234 48.08 $ 11,251
Technician
Administrative 18 25.00 $ 450
Clerical
388 Hours
Estimated Labor Cost $ 18,961
Overhead % 145% 27,493
Subtotal $ 46,454
ESTIMATED DiRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel 182
Plotting
Miscellaneous Expenses 774
Total Estimated Expenses 956
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Test Drilling (ACS Services) 28,946
Laboratory Testing (ACS Services) 7,965
Total Estimated Outside Services $ 36,911
PROFIT (Direct Labor +Overhead) 10% 4,645.45
TOTAL ESTIMATED FEE $ 88,967
CONTRACT TIME Calendar Days
11/22/2017
Consultant Firm Signature Date
3/2612013 Page 1 of 1
LLC 6.0 18.0 . 78.0 6.0 30.0 98.0 42.0 68.0 26.0 16.0 388.0
2017-035 Total PosiolV1
_ I
Engineering, No.
Clerical
Contract
Ethos
Administrative 6 2 4 2 4 18
Ad
Technician
Engineer! Designer 10 72 2 18 60 32 36 4 234
Project Engineer
oject ect Engineer 6 6 4 12 34 8 28 26 12 136
Pr r
Design Manager
Project Principal
11 97
Hours/ Sheet
No Shts 4 4
PHASE
Scale
-
HOURS
STAFF
Design
Final ESTIMATED
Bluesteke
Overpass
TASK Layout,
Road Boring
Report
Permit,
Mirage Report Design
Setup,
El & Geotech Sheets Pavement
1T0499 Coordlnaton Testing Reports Data Services
Parkway: investgation 8. Final Final
NO. Drilling and Foundation and Design
Field Project Test Laboratory Analyses Analyses Draft Draft Meetngs Post
Northern PROJECT A-1 A-2 A-3 B-1 8-2 6-3 8-4 wastana
A Task Task Task B Task Task Task Task C 2
Task Task Task Task #
Northern Parkway: El Mirage Road Overpass Final Design Ethos Engineering, LLC
PROJECT NO. TT0499 Contract No. 2017-035
ESTIMATE OF DIRECT EXPENSES
Travel
A. Local Mileage at
0.45 400 mules
Subtotal Travel
Plotting
B. Exhibits at exhibits
C. Plots at plots
D. Plan Submittals
Half Size Bond Copies at Copies
Full Size Bond Copies at Copies
Subtotal Plotting
Miscellaneous Expenses
C. Traffic Control (NBC Traffic Control Services) 774
Subtotal Miscellaneous Expenses I $ 774 I
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
Test Drilling (ACS Services) $ 28,946
Laboratory Testing (ACS Services) $ 7,965 I
TOTAL ESTIMATED OUTSIDE SERVICES I s 36,911
TOTAL ESTIMATED EXPENSES 37,867
62612013 Page 1 of
ACS SERVICES LLC
2235 W. Broadway Rd. • MESA, AZ 85202 • P: 480-968-0190 • F: 480-968-0156 • ACSSERVICESLLC.COM
ENGINEERING DESIGN • MATERIAL TESTING • CONSTRUCTION INSPECTION
November 21, 2017
Ethos Engineering, LLC.
Attn: Keith Dahlen, PE
Senior Geotechnical Engineer
9180 S Kyrene Rd, #104
Tempe, AZ. 85284
Phone: (602) 573-0000
Email: kdahlen@ethosengineers.com
RE: Proposal for Geotechnical Drilling and Laboratory Testing
Northern Parkway — El Mirage Road TI
El Mirage Road and Northern Parkway
El Mirage, AZ
ACS Proposal No. 1760174
Dear Keith:
ACS is pleased to submit this scope of work and cost proposal to perform geotechnical drilling for the above
referenced project. This proposal includes our understanding of the planned improvements, the proposed scope of
work, and our fee. We have focused our proposed services to include field exploration and lab services.
PROJECT INFORMATION
Based on project information provided to us in an email from Keith Dahlen dated November 20, 2017, the
project includes 2 ODEX borings to 99 feet, 4 ODEX borings to 90 feet, 8 ODEX borings to 10 feet and lab
testing.
SCOPE OF SERVICES
ACS Services LLC will work in conjunction with, and under the direction of, Ethos Engineering to perform
the drilling services and laboratory testing for the Geotechnical Investigation of this project. ACS will not
provide any Engineering Analysis, Engineering Consultation, or Engineering Design services. A breakdown
of our intended services and costs is found below.
Site Reconnaissance
Prior to the initiation of the geotechnical field investigation, ACS personnel will conduct a site reconnaissance
to note surface conditions and drill rig access. Ethos will coordinate the utility locate request for the designated
boring locations. We will also confirm utilities are marked within the site prior to beginning the field
exploration. If available, plans depicting existing underground utilities should be provided to us so that soil test
borings can be located at a safe stand-off distance. Before proceeding with field exploration activities, we will
implement proper safety precautions. Ethos will provide traffic control for the two borings in the roadway and
signs if needed for the four borings off the roadway.
Field Exploration
At the direction of Ethos Engineering, ACS will advance two (2) borings to depths of ninety-nine (99) feet bgs,
four (4) borings to ninety (90) feet bgs and eight (8) borings to ten (10) feet bgs using ODEX. Samples will be
taken in accordance with Ethos Engineering's sampling schedule.
Ethos Engineering, LLC ACS Proposal No. 1760174
Northern Parkway — El Mirage TI November 21,2017
Minimize Risk - Ensure Public Safety - Maximize Success
ACS SERVICES LLC
2235 W. Broadway Rd. • MESA, AZ 85202 • P: 480-968-0190 • F: 480-968-0156 • ACSSERVICESLLC.COM
ENGINEERING DESIGN • MATERIAL TESTING • CONSTRUCTION INSPECTION
Our drilling and sampling will be performed in general accordance with applicable American Society for Testing
and Materials (ASTM) standards. The soil test borings will be advanced using a truck-mounted drill rig. Soil
samples will be obtained using a 2-inch outside diameter, 1-3/4 inch inside diameter, split spoon standard
penetration test (SPT) sampler, or a 3-inch outside diameter, 2.42 inch inside diameter modified California ring
sampler in accordance with Ethos Engineering's sampling schedule. Soil samples will be collected at intervals of
five feet, commencing at the ground surface. Because the sampler may be damaged by driving into very dense
soils, it may only be driven a few inches into such dense materials and the penetration resistance expressed as
the number of hammer blows versus the depth of penetration, e.g. 100/3", 50/1", etc.
Soil Boring Abandonment
Upon completion of each boring, ACS will abandon soil borings by backfilling with cuttings and finishing the
hole off smooth with the surrounding surface grade. If groundwater is encountered ACS will backfill
according to ADWR regulations.
Laboratory Testing
ACS will provide laboratory testing at per test pricing for tests requested in writing by Ethos Engineering.
This includes all time and materials associated with each particular test, including reporting. Laboratory
results will be sent via email to Ethos Engineering.
SCHEDULE
Upon written notice to proceed, ACS will perform the site reconnaissance visit and verify 811 markings. Field
exploration will be scheduled to commence the business day following site verifications.
The estimated time for completion of the field exploration is 6 days. This time accounts for daily
mobilization/demobilization of the drill rig and support vehicle.
The estimated time for completion of the laboratory testing is approximately 10-14 business days upon completion
of the drilling efforts. This time frame allows for the addition of a few samples to be tested just in case field
conditions merit additional testing. (additional testing will be charged at a per test price upon written request)
DELIVERABLES
ACS will provide the laboratory testing results upon completion of testing.
Ethos Engineering, LLC ACS Proposal No. 1760174
Northern Parkway — El Mirage T1 November 21, 2017
Minimize Risk - Ensure Public Safety - Maximize Success
ACS SERVICES LLC
2235W. Broadway Rd. • MESA, AZ 85202 • P: 480-968-0190 • F: 480-968-0156 • ACSSERV10ESLLC.COM
ENGINEERING DESIGN • MATERIAL TESTING • CONSTRUCTION INSPECTION
COST ESTIMATE
ACS Qty Unit Rate/Unit Total
Mobe / Demobe 1 LS $750.00 $750.00
Drilling Service ODEX 638 Foot $42.00 $26,796.00
Grouting Services 120 Foot $10.00 $1,200.00
ADWR Pennit 1 LS $200.00 $200.00
Sieve Analysis Fine and Coarse Aggregate, Gradation 18 Each $85.00 $1,530.00
Plasticity Index, Liquid and Plastic Limits 22 Each $70.00 $1,540.00
Natural Moisture Content Only, Soil Only 22 Each $30.00 $660.00
Direct Shear in-situ, 3 point 4 Each $250.00 $1,000.00
Resistence R-Value of Compacted Soils 2 Each $350.00 $700.00
PH of Soils 4 Each $45.00 $180.00
Resistivity of Soils, SoilBoxMethod 4 Each $75.00 $300.00
Sulfates & Chlorides Test 4 Each $75.00 $300.00
Undisturbed Ring Density / Moisture 10 Each $50.00 $500.00
Consolidation, One Dimensional Incremental Loading 2 Each $145.00 $290.00
Lab Manager 5 Hour $88.00 $440.00
Standby / Delays, waiting on traffic control 3 Hour $175.00 $525.00
Sub Total $36,911.00
Total Estimate for Project I $36,911.00
NOTE: Total estimate includes three (3) hours Standby Time. Standby time is defined as any event, outside
of the direct control of ACS Services LLC that causes a delay in onsite work. Standby time will be billed to
Ethos Engineering at the unit rate for any additional standby time beyond three (3) ham'. Events that cause
standby time include, but are not limited to; bystander curiosity, rain/lightning, high wind, funeral processions
that require rig shut down, etc...
Ethos Engineering, LLC ACS Proposal No, 1760174
Northern Parkway—El Mirage TI November 21,2017
Minimize Risk - Ensure Public Safety - Maximize Success
ACS SERVICES LLC
2235W. Broadway Rd. • MESA, AZ 85202 • P: 480-968-0190 • F: 480-968-0156 • ACSSERV10ESLLC.COM
ENGINEERING DESIGN • MATERIAL TESTING • CONSTRUCTION INSPECTION
PROPOSAL ACCEPTANCE
If this proposal is acceptable, please provide us a written authorization by completing the acceptance at the end
of the proposal, a purchase order, or mutually agreeable terms and conditions.
We appreciate the opportunity to offer this proposal and hope you will consider our firm for these services. If
you have any questions regarding this proposal please contact Jason Kania at 480.968.0190.
Respectfully submitted,
ACS Services LLC
47k,
Jason M. Kania
Drilling Operation Manager
Accepted By (please print)
Title
Firm
Authorized Signature Date
Ethos Engineering, LLC ACS Proposal No. 1760174
Northern Parkway — El Mirage T1 November 21,2017
Minimize Risk - Ensure Public Safety - Maximize Success
ACS SERVICES LLC
2235W. Broadway Rd. • MESA, AZ 85202 • P: 480-968-0190 • F: 480-968-0156 • ACSSERVICESLLC.COM
ENGINEERING DESIGN • MATERIAL TESTING • CONSTRUCTION INSPECTION
TERMS AND CONDITIONS
I. STANDARD OF CARE. In the performance of our professional services, ACS Services, LLC (ACS) will execute in a timely and proper manner in
accordance with the plans, specifications and contract documents that were made available by CLIENT, ACS will use the degree of care and skill ordinarily
exercised by members of our profession currently practicing in the same locality under similar conditions. No warranty, expressed or implied, is made or intended
by our proposal, contract, oral or written reports, or services.
2. SCOPE OF SERVICES
2.1 SERVICES. "SERVICES" means the specific service to be performed by ACS as set forth in the ACE proposal. "CLIENT" refers to the person or
business entity ordering the work to be done by ACS.
For Construction Material Testing, unless otherwise agreed by both parties in writing, all Services are performed on an "on-call" basis. CLIENT shall cause all
testing and inspection on the site. CLIENT understands that testing, inspection, and observation are discrete sampling procedures, and that such procedures
indicate conditions only at the depths, locations, and times the procedures were performed. ACS will provide test results and opinions based on tests and field
observations only for the work tested. CLIENT understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not
eliminate - project risk. CLIENT agrees to the level or amount of testing performed and the associated risk.
For Geotechnical Investigations, Drilling Services and Services outside of those listed here, Scope of Services will be defined and limited to what is described in
the ACS proposal based on information supplied by CLIENT. Results for this category of Services will be based only on the scope described in the ACS proposal
and actual Services performed. If differing site conditions are found during the course of performance, ACS will notify CLIENT of differing site conditions.
Upon such notification, the CLIENT has the right to flutter investigate these existing conditions at the CLIENT'S sole expense by issuing a change order. ACS
may but has no duty to perform Services under differing site conditions. If Services are discontinued, ACS will be paid for all Services performed to the point of
discontinuance, including delays.
2.2 UTILITIES. ACS shall utilize a utility locating service for public utilities when required. CLIENT shall provide the location and/or arrange for the marking
of private utilities and subterranean structures. ACS shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. ACS
shall not be responsible for damage to subterranean structures or utilities that are not called to ACS's attention, are not correctly marked, including by a utility
locate service, or are incorrectly shown on the plans or information furnished to ACS.
2.3 CHANGES IN WORK, If Services are changed materially or revisions, alterations, or change orders are required, the amount of ACS's compensation
and/or rates shall be equitably adjusted. If Services extend materially longer than ACS originally anticipated, the amount of the ACS's compensation and/or rates
shall be equitably adjusted. If the results of Services provided under the contract are required to be submitted to governmental entities and those entities change
policies, procedures, rules, regulations, zoning, or laws relating to the project after the date of the contract, the CLIENT shall pay ACS for any additional work
that ACS must perform as a result of those changes pursuant to applicable rates.
3. OWNERSHIP OF DOCUMENTS. Written consent of ACS is required for any use of documents outside of the scope of work for all ACS reports, plans,
specifications, field data, notes and other documents prepared by ACS. All said items remain the property of ACS.
4. SAFETY. While on a CLIENT'S jobsite, the CLIENT agrees that the CLIENT or it's designee is solely responsible for jobsite safety.
5. INSURANCE. Upon request, ACS will furnish certificates of insurance for Workers Compensation, General Liability, Umbrella Policy, Auto insurance
and Professional Errors or Omissions insurance, ACS is not responsible for damage of any cause beyond the coverage of its insurance
6. INDEMNIFICATION. It is understood and agreed the CLIENT will indemnify ACS, and its employees and representatives from and against claims that
are the result of negligent acts or omissions on the part of the CLIENT, its employees or representatives. ACS shall indemnify the CLIENT from and against
claims which are solely the result of negligent acts or omissions on the part of ACS, its employees and representatives. ACS can only be held liable for negligent
acts or omissions based on site or Services information supplied by CLIENT. For any Subsurface activity (drilling, backhoe, etc), ACS will take
reasonable precautions to reduce damage to the site when performing Services; however, CLIENT accepts that invasive services such as drilling or sampling may
damage or alter the site, Site restoration is not provided unless specifically included in the Services.
7. LIABILITY. The CLIENT agrees to limit the liability (whether in tort, contract, or otherwise) of ACS and its owners, directors, officers, employees,
subconsultants, and their spouses to a collective total of $10,000 or the Consultant's fee (i.e., total fee for professional services), whichever is greater. Increased
liability limits may be negotiated upon the CLIENT'S written request and agreement to pay an additional fee to be set by ACS.
8. SAMPLE DISPOSITION and INDEMNITY. Non-hazardous samples are consumed in testing or disposed of upon completion of tests (unless stated
otherwise in the Services). Hazardous or toxic samples will be returned to the CLIENT or using a manifest signed by the CLIENT, ACS will have such samples
transported to a location selected by the CLIENT for final disposal. The CLIENT agrees to pay all costs for storage, transport and disposal of samples. The
CLIENT recognizes and agrees that ACS is acting as a 3rd Party and at no time assumes title to samples involving hazardous or toxic materials.
9. PAYMENT. ACS will periodically (usually monthly) send the CLIENT invoices for WORK rendered and reimbursable expenses incurred on the project.
The CLIENT must pay those invoices within 30 days of the invoice date, If ACS does not receive payment from the CLIENT within 30 days of the invoice date,
the ACS will charge interest on the unpaid, late balance at 1.5% per month (compounded monthly). ACS can withhold instruments of service, suspend services,
and/or terminate the contract if any invoice has not been paid within 30 days of the invoice date. The CLIENT shall not withhold, deduct, off-set, or set-off any
amounts that ACS has billed to the CLIENT. If the CLIENT disputes any of ACS's invoices for any reason, the CLIENT must first timely pay the invoice(s) to
ACS and then the CLIENT can seek to resolve the disputed invoice(s) pursuant to the dispute resolution procedures set forth in these General Conditions.
10. CHOICE Ob' LAW AND FORUM. The contract shall be governed by Arizona law. Subject to the mediation provision below, the exclusive jurisdiction
for resolving disputes between the parties is the Arizona state court system.
11. DISPUTE RESOLUTION. CLIENT and ACS agree that all disputes between them relating to the contract or the WORK shall be submitted first (prior to
any litigation) to nonbinding mediation at or near the place of ACS's principal office. In the event of litigation between parties to this agreement, if ACS is the
prevailing party, ACS shall be entitled to recover all related costs, expenses, and reasonable attorney fees.
Ethos Engineering, LLC ACS Proposal No. 1760174
Northern Parkway—El Mirage TI November 21,2017
Minimize Risk - Ensure Public Safety - Maximize Success
Proposal
National Barricade Company
Job Name: Date: 111/21/17
Job Location: EL MIRAGE AND NORTHERN Phone:
Customer: ETHOS ENGINERING ,LLC Fax:
Contact: KEITH DAHLEN Mobile: 602-573-0000
Estimator: Purchase FOB Ship Via Terms Proposed Start Date
Order #
Charles Anderson NBC Net 30
Quantity Description Labor Price Unit Price Total
1 LEFT TURNBAY CLOSURE $22.00 $44.00
1 TCP (ONE TIME CHARGE) $40.00 $40.00
1 BAGS (ONE TIME CHARGE) $1.20 $19.20
1 DELIVERY AND SET UP $ 50.00 $ 300.00
1 TD AND PICK UP $ 50.00 $ 300.00
Subtotal $ 703.20
Quotation is valid for 60 days. 9.2 TAX $ 71.24
Quotation Prepared By: Ramon Lopez Total 774.44
PAVONAL IMITRICADE CONItANI Scope of Work:
12455 N. 92nd Drive
Phone: 623-879-4695 Excluded (Price per day): Sales Tax, Permits, Bonds, & Engineering Fees.
Fax: 623-776-1235
If you have any other questions or comments please feel free to contact us. Thank you for
the opportunity to serve all your traffic control needs.
To accept this proposal, please sign and fax back to 623-776-1235:
Sign: Date:
---Temporary Traffic Control---Traffic Control Plans---Road Plates---Asphalt/Concrete Cutting---
---Asphalt Milling---Asphalt Restoration---Concrete Restoration---
Infrastructure
Mavens ',Lc
November 9, 2017
Paul Baca, P.E.
Senior Associate
T. Y. Lin International
60 E Rio Salado Parkway, Suite 501
Tempe, AZ 85281
RE: MCDOT CONTRACT NO. 2017-035
MCDOT PROJECT: Northern Parkway El Mirage Road Overpass
Dear Mr. Baca,
Pursuant to your request, Infrastructure Mavens LLC is submitting the following Scope of Work
and Cost Proposal for Independent Construction Expert Services on the above referenced
project:
CONSTRUCTABI LITY REVIEW:
60%, 90%, 100% Constructability Reviews 18.0 HR
Meetings with T. Y. Lin and MCDOT 8.0 HR
90% COST ESTIMATE:
Review 90% Plans and Special Provisions 6.0 HR
Input Bid/Subordinate Items into Estimating Software 6.0 HR
Prepare 90% Cost Estimate — Direct Cost, Indirect Cost, and Markup 64.0 HR
Construction Phasing and Scheduling Analysis 6.0 HR
100% COST ESTIMATE — UPDATE MAJOR BID ITEMS:
Review 100% Plans and Special Provisions 4.0 HR
Update Cost for Major Bid Items 32.0 HR
TOTAL HOURS 144.0 HR
This Task will require two construction experts and the above total has been calculated
accordingly. Our approved Audited Rate is $150.00/Hour;:-hence, the total estimated cost for
this Task is $21,600.00.
21001 N Tatum Blvd
STE 1630-603
Phoenix, AZ 85050
Phone (602) 904-2120
Fax (800) 704-0472
www.infrastructuremavens.com
Enclosed for your review are the following documents:
1) Derivation of Cost Proposal Summary
2) Certified Payroll — Weighted Average Rate
3) Certificate of Final Indirect Costs
If you have any questions, please feel free to call me on my cell phone at (602)376-3782. Thank
you for the opportunity to work on this project.
Respectfully,
-I-______,
Stephen Basila
Owner/Manager
Northern Parkway: El Mirage Road Overpass Final Design INFRASTRUCTURE MAVENS LLC
PROJECT NO. TT0499 Contract No. 2017-035
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Independent Construction Expert 144 150.00 $ 21,600
Design Manager
Senior Project Engineer
Project Engineer
Engineer / Designer
Technician
Administrative
Clerical
144 Hours
Estimated Labor Cost 21,600
Overhead
Subtotal $ 21,600
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
Plotting
Miscellaneous Expenses
Total Estimated Expenses
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Consultant Y
Consultant Z
Total Estimated Outside Services
PROFIT (Direct Labor +Overhead)
TOTAL ESTIMATED FEE $ 21,600
CONTRACT TIME Calendar Days
///7/2617
Consultant Firm Signature Date
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J2 Engineering & Environmental Design, LLC
Scope of Services for
Ma ricopa Department of Transportation
Northern Parkway: El Mirage Road Overpass
Project No. TT0499
Contract No.: 2017-035
November 14, 2017
J2 Engineering & Environmental Design, LLC (J2) was retained by TV Lin international (TV Lin) to
assist in the preparation of the erosion control design, bridge aesthetics and the landscape
design for the subject project. J2 will coordinate the erosion control, bridge aesthetics and the
landscape design with TV Lin bridge, and roadway staff.
The following paragraphs define J2's work effort on the project
Task 100 — Project Management
J2 will attend the kickoff meeting, progress meetings, and field walk with the project team. J2
will provide input on the development of the design criteria and identify design exceptions
required for the project. This proposal includes 1- kick off meeting, 10 monthly meetings, 3
special design meetings and 1 field walk.
Task 200 — Data Acquisition
J2 will review the existing data available for the project and obtain additional data required for
the project. The primary sources of information will be MCDOT, ADOT, City of Glendale, City of
El Mirage and TV Lin. J2 will perform a site visit to verify the existing field conditions. 1 site
review has been included for data verification.
Task 400 — Project Coordination
J2 will attend meetings as specified in the attached man hour estimates. It is anticipated that J2
may attend stakeholder meetings, and Technical Advisory Committee Meetings (TAC). J2 will
coordinate with MCDOT, City of Glendale and El Mirage to align the design solutions with the
individual department requirements. 3 meetings have been included for coordination with the
Cities, stakeholders and for technical coordination.
Task 700 — Alternative Analysis
J2 will assist with the development of design alternatives and participate in the process to
select a recommended alternative for the project. 2 meetings are included for alternative
analysis.
Task 900— Plans, Specifications, and Estimates
J2 will prepare construction documents (P. S, and E) for the Erosion Control Storm Water
Pollution Prevention Plan (SWPPP), Bridge Aesthetic and Landscape Design. The plans will be
prepared in accordance with guidelines defined in the MCDOT Design Procedures Manual. The
plans will be packaged for separate review submittals to MCDOT. J2 will coordinate the design
with MCDOT and TV Lin staff. Submittals have been included for the 60%, 95%, 100% and sealed
plan stages.
Task 1200 — Submittals
J2 will prepare construction documents for the submittals defined in the MCDOT Design
Procedures Manual (Conceptual Alternatives, Candidate Alternatives, Draft Scoping, Final
Scoping, 60%, 95%, 100% and sealed). The construction documents will Erosion Control Storm
Water Pollution Prevention Plan (SWPPP), Bridge Aesthetic and Landscape Design for the
subject project.
Task 1400 — Post Design
J2 will provide assistance to MCDOT and TV Lin with the following Post Design services:
• Pre-Construction Conference
• Requests for Information (RFI)
• Pre-Construction Kick-Off
• Post Construction Inspection
• Project Administration and Close-Out Documentation
Items not included in J2's Scope of Services:
• Landscape Planting Design
• Landscape Irrigation Design
• Onsite drainage design
• Environmental permitting or investigation
• Surveying
• Structural Design
• Geotechnical design
• Permit application fees
9 Utility relocation
• Utility potholing
• Landform graphics
• Plant inventory and salvage
• No known impaired or non-attaining water ways are within the project site
area. Therefore no special specifications or other environmental mitigation
work is included as a part of this proposal Should environmental mitigation
design be required as the project progresses, the required scope will be
discussed at that time and a contract modification will be determined.
• Plans, specifications and estimate submittals are limited to 60, 95, 100 and
final sealed. If additional submittals are requested they will be furnished at
extra cost.
• Special presentation drawings other than the construction plans are not
included in the scope or fee.
• All meetings have been included at 3 hours each including travel and
documentation time.
Northern Parkway: El Mirage Road Overpass Final Design J2 Engineering & Environmental Design, LLC
PROJECT NO. TT0499 Contract No. 2017-035
DERIVATION OF COST PROPOSAL SUMMARY
(Figures Rounded To The Nearest $1)
ESTIMATED DIRECT LABOR
PERSON BILLING
CLASSIFICATION HOURS RATE/HOUR TOTAL
Senior Project Landscape Architect 137 $ 59.20 6,110
Project Landscape Architect 162 $ 39,55 6,407
Designer Senior 179 $ 39.12 7,002
Designer 75 $ 27.88 2,091
Administrative 9 $ 29.64 267
562 Hours
Estimated Labor Cost 23,877
Overhead 137.08% 32,731
Subtotal 56,608
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
Plotting
Miscellaneous Expenses .I•
Total Estimated Expenses
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm Cost
Consultant Y
Consultant Z
Total Estimated Outside Services
PROFIT (Direct Labor +Overhead) 10% 6,660.76
$ 62,268
//711/7
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