2025-031_CONTRACT_INFENIX LLC.PDF
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Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661B
MAR\~cOPA
COUNTY
, TRANSPORTATION
FEDERAL
CONSULTANT SERVICES CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
INFENIX, LLC
FOR
TT0600
Northern Parkway Agua Fria to 103rd Ave • Construction Administration
CONTRACT NO. 2025-031
TRACS NO. T018801C-CM
FEDERAL AID NO. MMA-0(280)D
C-64-
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
CONSULTANT SERVICES
CONTRACT NO. 2025-031
TABLE OF CONTENTS
SECTION 1 - SERVICES OF THE CONSUL TANT ...................................................................................... 1
SECTION 2 - PERIOD OF SERVICE ........................................................................................................... 1
SECTION 3 - PAYMENTS TO THE CONSULTANT .................................................................................... 2
SECTION 4- PROMPT PAY LEGISLATION (A.R.S. §34-221) ................................................................... 2
SECTION 5- DISPUTE ESCALATION ...................................................................................... , ................. 3
SECTION 6 - ARBITRATION., .. , .................................................................................................................. 4
SECTION 7 - THE COUNTY'S RESPONSIBILITIES ................................................................................... 4
SECTION 8 - AL TERA TION IN SCOPE OF WORK .................................................................................... 4
SECTION 9- RECORDS, RETENTION, MAINTENANCE AND AUDIT ...................................................... 5
j
SECTION 10- PROJECT COMPLETION .................................................................................................... 5
SECTION 11 - SUSPENSION OF WORK .................................................................................................... 5
SECTION 12- TERMINATION ....................... , ........... , .... , ..... , ... , .................................................................. 6
SECTION 13-OWNERSHIP OF DATA ....................................................................................................... 6
SECTION 14- COMPLIANCE WITH LAWS ................................................................................................ 7
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: ............................................. 7
SECTION 15 - GENERAL CONSIDERATIONS ........................................................................................... 8
SECTION 16-SUCCESSORS AND ASSIGNS ........................................................................................... 9
SECTION 17- NO KICK-BACK CERTIFICATION ..................................................................................... 10
SECTION 18-ANTI-DISCRIMINATION PROVISION ................................................................................ 10
SECTION 19- INDEMNIFICATION ............................................................................................................ 10
SECTION 20-ANTI-TRUST VIOLATIONS ................................................................................................ 10
SECTION 21- PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION ........................... 11
SECTION 22 - IMPROPER EXERCISE OF AUTHORITY .......................................................................... 11
SECTION 23 - CONFLICT OF INTEREST ................................................................................................. 11
SECTION 24- ORGANIZATION EMPLOYMENT DISCLAIMER ............................................................... 11
SECTION 25- FEDERAL DEBARMENT AND SUSPENSION .................................................................. 11
SECTION 26- SUBCONTRACTS ............................. , .......... , .... , .... , ...................... , ... , ................................ 12
SECTION 27 - CONTINUING OBLIGATION ............................ , .. , ... , .... , .... , .... ,, .......................................... 13
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
SECTION 28- NAME CHANGE, MERGER, ACQUISITION, CONSOLIDATION AND/OR TRANSFER OF
OWNERSHIP .............................................................................................................................................. 13
SECTION 29-ANTI-LOBBYING ............................................................................................................... 14
SECTION 30- FINAUINCURRED COST AUDIT.. ..................................................................................... 15
SECTION 31 - REVIEWS AND INSPECTIONS ......................................................................................... 15
SECTION 32- PROPERTY OR EQUIPMENT ............................................................................................ 16
SECTION 33- NONDISCRIMINATION ...................................................................................................... 16
SECTION 34-AFFIRMATIVE ACTION (FOR FEDERAL-AID CONTRACTS) .......................................... 17
SECTION 35 - PROFESSIONAL SERVICES DBE PROVISIONS ............................................................. 18
SECTION 36 - ENVIRONMENTAL PROTECTION .................................................................................... 28
SECTION 37 - ENERGY CONSERVATION ............................................................................................... 29
SECTION 38- PATENTS AND COPYRIGHTS .......................................................................................... 29
SECTION 39- FRAUD AND FALSE STATEMENTS ................................................................................. 29
SECTION 40- FEDERAL IMMIGRATION AND NATIONALITY ACT.. ...................................................... 29
SECTION 41 - PANDEMIC CONTRACTUAL PERFORMANCE ............................................................... 31
SECTION 42 - PERFORMANCE EVALUATIONS ..................................................................................... 32
SECTION 43 - CONTRACT COMPLETION ............................................................................................... 32
SECTION 44- INFLUENCE ....................................................................................................................... 32
SECTION 45 - INSURANCE REQUIREMENTS ......................................................................................... 33
CERTIFICATES OF INSURANCE ................................................................................................. 34
CANCELLATION AND EXPIRATION NOTICE ............................................................................. 35
SECTION 46 - TITLE VI ............................................................................................................................. 35
SECTION 47- FORCE MAJEURE ............................................................................................................. 35
SECTION 48 - FORCE LABOR .................................................................................................................. 35
SIGNATURE PAGE ............................................................................................................................... 1 .... 37
ATTACHMENT 1 ......................................................................................................................................... 38
Construction and Professional Services/ Design Contracts Prompt Pay and Payment Reporting
Provisions ........................................................................................................................................... 38
ATTACHMENT 2 ......................................................................................................................................... 39
CONSULTANT Evaluation Program Guidelines ............................................................................... 39
ATTACHMENT 3 ......................................................................................................................................... 40
Title VI Assurances ............................................................................................................................ 40
ATTACHMENT 4 ......................................................................................................................................... 41
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Certification of Final Payment ........................................................................................................... 41
ATTACHMENT 5 ......................................................................................................................................... 42
Performance and Payment of All Claims .......................................................................................... 42
ATTACHMENT 6 ......................................................................................................................................... 43
Certificate of lnsurance ...................................................................................................................... 43
ATTACHMENT 7 ......................................................................................................................................... 43
Small Business Enterprise Program Participation Reporting Form .............................................. 44
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
CONSULTANT SERVICES
CONTRACT NO. 2025-031
Northern Parkway Agua Fri a to 103rd Ave • Construction Administration
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. 2025-031, Northern Parkway Agua
Fria to 103rd Ave • Construction Administration, 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 lnfenix,
LLC, hereinafter called "CONSULTANT", with its principal offices located at 6225 North 9th Lane Phoenix,
AZ 85014 Telephone No. 602-321-7965, subject to the following terms and conditions:
THEREFORE, the parties hereto mutually agree as follows:
SECTION 1 - SERVICES OF THE CONSULTANT
The CONSULTANT, under the general supervision of the COUNTY, Construction and Materials 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 Construction and Materials 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 CONSUL TANT 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 2 - PERIOD OF SERVICE
The CONSUL TANT shall complete all work for Northern Parkway Agua Fria to 103rd Ave• Construction
Administration, in accordance with the time requirements provided in Exhibit A, Section A, Scope of Work,
within four hundred twenty-three (423) 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 CONSUL TANT'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 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.
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SECTION 3- PAYMENTS TO THE CONSULTANT
The CONSULTANT shall be paid for work under this contract a Not to Exceed (NTE) amount of TWO
MILLION EIGHT HUNDRED FORTY FOUR THOUSAND FIFTY FOUR DOLLARS AND THIRTY-EIGHT
CENTS ($2,844,054.38) plus a fee not-to-exceed ONE HUNDRED EIGHTY NINE THOUSAND NINETY SIX
DOLLARS AND SEVENTY-FOUR CENTS ($189,096.74) for allowances as identified below and in
accordance with the Scope of Work. The COUNTY will compensate CONSULTANT for unscheduled
overtime work, which has been pre-approved in writing by the COUNTY, at the actual rates specified in
Exhibit B, Consultants Cost Proposal Summary.
OPTIONAL TASK ALLOWANCES
DESCRIPTION
ESTIMATED COST
OVERTIME
$189,096.74
The CONSUL TANT shall be paid for work under this contract in accordance with the Scope of Work a Not
to Exceed (NTE) amount of THREE MILLION THIRTY-THREE THOUSAND ONE HUNDRED FIFTY ONE
DOLLARS AND TWELVE CENTS ($3,033,151.12). 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, Consultants Fee
Schedule.
The final invoice shall be paid lo 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 4- 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 by the LPN 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 LPNSubrecipient Procurement Office on submission to the person
designated by the LPNSubrecipient Procurement Office for the submission, review or approval of the
estimate of the work. The LPNSubrecipient 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.
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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 LPNSubrecipient 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 LPNSubrecipient
or the LPNSubrecipient Designee to finalize the 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 subcontracto(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 LPNSubrecipient 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. If unsatisfactory progress has not been made on the project,
MC DOT may, at its sole option, refuse to make progress payment(s) of such sums, which MCDOT considers
necessary, This provision shall not limit MC DOT 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 CONSUL TANT to invoice MC DOT 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 CONSULT ANT 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 5- 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, CONSUL TANT 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 CONSUL TANT to utilize the escalation process shall constitute a waiver of any claims for
additional compensation or any other relief.
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The following table depicts the dispute resolution escalation levels for Contract issues:
Level
MCDOT
CONSULTANT
PROCUREMENT
1
Project ManaQer
Project ManaQer
Contract Services
Division Manager
Project Principal
Finance Services
2
Division Manager
Project Manager
Project Manager
Contract Services
County Engineer
Chief Procurement
3
Division Manager
Project Principal
Officer
Project ManaQer
The decision of the Chief Procurement Officer is final.
SECTION 6 - 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 MC DOT and the CONSULTANT.
SECTION 7 - THE COUNTY'S RESPONSIBILITIES
The COUNTY will furnish the CONSULTANT, at no cost to the CONSUL TANT, 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 CONSUL TANT 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 CONSUL TANT advised concerning the progress of the COUNTY's review of work
SECTION 8-ALTERATION IN SCOPE OF WORK
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This contract may be amended by mutual agreement of the COUNTY and the CONSUL TANT.
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 CONSUL TANT. 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 CONSUL TANT 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 9 - RECORDS, RETENTION, MAINTENANCE 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 MC DOT 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.
SECTION 10- 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 11 - SUSPENSION OF WORK
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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 12-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 CONSUL TANT'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.RS. § 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
3, PAYMENTS TO THE CONSULTANT.
SECTION 13-OWNERSHIP OF DATA
A.
The CONSUL TANT 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.
8.
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 CONSUL TANT 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 CONSUL TANT 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.
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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 14- 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 l-
g requirements of the Immigration Reform and Control Act of 1986 for all personnel that the CONSULTANT
and any subconsultants 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.RS. §41-4401 and further acknowledges:
1.
That the CONSULTANT and its subconsultants, 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
CONSULT ANT or subconsultant employee who works on the contract to ensure that the
CONSULTANT or subconsultant is complying with the warranty provided under subsection
1 above and that the CONSUL TANT 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 subconsultant an agent or employee
of the contracting government entity.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
1.
The undersigned (authorized official signing for the CONSUL TANT) 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
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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 CONSULT ANT 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 15- GENERAL CONSIDERATIONS
A.
The CONSUL TANT shall furnish to the COUNTY for approval, the names of its key employees, and
of its subconsultants 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.
D.
If the COUNTY determines that the CONSULTANT had made any errors and/or omissions (E&O) in
the work product delivered to the COUNTY under the terms of this Contract, the CONSULTANT
shall make all necessary revisions or corrections resulting from E&O without additional cost to the
COUNTY. Errors and Omissions is defined as a deviation from the standard of care on the part of a
design engineering consultant in the performance of architectural and/or engineering services under
this Contract. The COUNTY shall actively pursue the resolution of E&O's at the lowest possible level
within a reasonable timeframe in accordance with the most current version of MCDOT Errors and
Omissions
by
Design
Consultants
on
Projects
Procedure
No.
P5305
(https://www.maricopa.gov/DocumentCenterNiew/69060/New-Procedure-P5305-Errors-and-
0m issions-by-Desig n-Consultants-on-Projects).
Contract No. 2025-031
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E.
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.
F.
When this contract requires the CONSULTANT to study specific geographic areas of Maricopa
County the CONSULT ANT agrees during the term of this contract and any extensions thereof that
CONSUL TANT 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.
G.
The CONSULTANT agrees that it, its principals, employees, subconsultants, 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.
H.
The CONSUL TANT agrees that it, its principals, employees, subconsultants, 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.
I.
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, subconsultants, agents or assigns, of the provisions of F., G., and H. of this
section or of the provisions of B. of Section 9, 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.
J.
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. 111, Erosion Control.
K.
Written Certification Pursuant to A.RS. § 35-393.01. If CONSULTANT engages in for-profit activity
and has 10 or more employees, and if this Agreement has a value of $100,000 or more,
CONSUL TANT certifies it is not currently engaged in, and agrees for the duration of this Agreement
to not engage in, a boycott of goods or services from Israel. This certification does not apply to
a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
SECTION 16- SUCCESSORS AND ASSIGNS
This contract shall not be assigned by either party without prior written approval of the other except that the
CONSUL TANT 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.
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SECTION 17 - NO KICK-BACK CERTIFICATION
The CONSUL TANT 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 18 - 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 0% 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.azutracs.com/
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 CONSUL TANT further agrees to insert the foregoing provisions in all
subcontracts hereunder.
SECTION 19- INDEMNIFICATION
To the fullest extent permitted by law, CONSUL TANT 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 CONSULT ANT or others persons employed
or used by the CONSULTANT in the performance of the contract or subcontract. "Other persons employed
or used" means a subconsultant to a CONSUL TANT 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 20 - ANTI-TRUST VIOLATIONS
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The CONSUL TANT 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 CONSUL TANT, acting as a vendor, hereby assigns to the COUNTY any and all claims for
such overcharges.
SECTION 21 - PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION
The CONSUL TANT 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 22 - IMPROPER EXERCISE OF AUTHORITY
It is further understood and agreed that the CONSUL TANT 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 23 - 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 CONSULT ANT 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 24- 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
CONSUL TANT 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 25- 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
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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 CONSUL TANT or its subconsultant is unable to certify to the statement in Section
A .1. above, the CONSUL TANT or its subconsultant shall be declared ineligible to enter into Contract
or participate in the project.
C.
Where the CONSUL TANT 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
the COUNTY's determination whether to enter into Contract.
D.
The CONSUL TANT shall provide immediate written notice to the COUNTY if, at any time, the
CONSUL TANT or its subconsultant, learn that its Debarment and Suspension certification has
become erroneous by reason of changed circumstances.
SECTION 26 - SUBCONTRACTS
The CONSUL TANT agrees to execute a written contract with all subconsultants for work to be completed
under this contract. The executed contract shall include subconsultant's Scope of Work and all the Uniform
Terms and Conditions set forth in this contract.
The CONSUL TANT shall provide electronic copies of signed subcontract agreements with all subconsultants
to ADOT Business Engagement and Compliance Officer (BECO)) by uploading them to the BECO online
DBE Contract & Labor Compliance Management System (arizonalpa.dbesystem.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 subconsultant in order for the
subcontract to be considered valid.
The CONSULTANT shall be in breach of this contract if the CONSUL TANT 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.
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SECTION 27 - CONTINUING OBLIGATION
The CONSULTANT agrees that if due to death or any other occurrence it becomes impossible for any
principal or employee of the CONSUL TANT to render the services required under this Contract, neither the
CONSUL TANT 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 28- 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 MC DOT 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 MC DOT Contracts of the
acquired firm. The new/acquiring firm shall provide MC DOT 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:
a.
Effective date of the change.
b.
List of active and pending closeout MC DOT Contracts affected by the change with
contract description. Indicate which contract(s) the firm served as a CONSULTANT
or subconsultant.
c.
A statement certifying that the new/acquiring CONSUL TANT shall assume all
obligations and liabilities set forth in the respective contracts for all listed
contracts between the new/acquiring CONSULTANT and MCDOT.
d.
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 CONSUL TANT
3.
Updated professional license(s) of the new/acquiring CONSULTANT
4.
Updated W-9 Form of the new/acquiring CONSULTANT
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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:
a.
Effective date of the change
b.
List of active and pending closeout MCDOT Contracts affected by the change with
contract description. Indicate which contract(s) the firm served as a
CONSULT ANT or subconsultant.
c.
A statement certifying that the new/acquiring subconsultant shall continue to
provide quality work under the Contract
d.
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.
2.
A copy of the new/acquiring subconsultant's ACC or home-state equivalent Corporation
Commission approval documentation related to the change.
SECTION 29 - ANTI-LOBBYING
CONSUL TANT agrees to comply with the provisions of Section 1352 ofTitle 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 subconsultant s who have agreements exceeding $100,000 to
complete the Certification of Federal Contracts (ECS Form 90-1) and, when appropriate, the Disclosure of
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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 30 - 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.
The appeal process for all Audit issues shall remain with MCDOT. The following table depicts the
escalation levels for Audit issues:
Level
MCDOT
CONSULTANT
PROCUREMENT
1
Proiect Manaaer
Proiect Manaaer
Contract Services
Division Manager
Project Principal
Administrative Services
2
Division Manager
Project Manager
Project Manager
Contract Services
County Engineer
3
Division Manager
Project Principal
Chief Procurement Officer
Proiect Manaaer
The decision of the Chief Procurement Officer is final.
E.
MCDOT or the CONSUL TANT shall reimburse either party in accordance with the ICA results.
Failure of the CONSUL TANT 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 31 - 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 subconsultant's normal business hours.
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SECTION 32 - 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 MC DOT 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 33- NONDISCRIMINATION
1.
During the performance of this Contract, the CONSUL TANT, 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.
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 lo 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 "Tille
VI/Non-Discrimination Assurances" as found in Attachment 4 of this Contract.
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g.
Not discriminate on the grounds of race, color, sex, or national origin in the selection and
retention of subconsultants, 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 CONSULT ANT
for work to be performed under a subcontract, including procurement of materials or leases
of equipment, notify each potential subconsultant or supplier of the CONSULTANT's
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 CONSUL TANT 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 CONSUL TANT's noncompliance with the NONDISCRIMINATION provision
(Section 3 3) 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 CONSUL TANT 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 (FT A) 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
CONSULT ANT 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 34-AFFIRMATIVE ACTION (FOR FEDERAL-AID CONTRACTS)
CONSUL TANT 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.
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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.
E.
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 35 - PROFESSIONAL SERVICES DBE PROVISIONS
(PROJECT SPECIFIC - CONTRACTS)
FOR USE ON LPA/SUBRECIPIENT FEDERAL AID PROJECTS WITHOUT DBE GOALS
(LPA PS EPRISE, 8/26/2016) 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 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
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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 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.
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.
C.
NAICS 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.
D.
Non-DBE: any firm that is not a DBE.
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E.
Race-Conscious (RC): a measure or program focused specifically on assisting only DBEs, including
women-owned DBEs.
F.
Race-Neutral (RN): a measure or program used to assist all small businesses. For the purposes of
this part, race-neutral includes gender-neutrality.
G.
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.
H.
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:
a.
"Black Americans," which includes persons having origins in any of the Black racial
groups of Africa;
b.
"Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban,
Dominican, Cen!ral or South American, or other Spanish or Portuguese culture
or origin, regardless of race;
c.
"Native Americans," which includes persons who are enrolled members of
federally or State recognized Indian tribe, Alaskan Natives or Native Hawaiians;
d.
"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 U.S. 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;
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e.
"Subcontinent Asian Americans," which includes persons whose origins are from
India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
f.
"Women;"
g.
Any additional groups whose members are designated as socially and
economically 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-Protege 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-Protege 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-Protege Program Guidelines available on the
BECO website.
The Mentor-Protege 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
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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 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:ljwww.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:
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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 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 participation.
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 participation.
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:
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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 Department has not established contract goals for DBE participation in this contract. consultants are still
encouraged to employ reasonable means to obtain DBE participation. consultants must retain records
in accordance with these DBE specifications. The consultant is notified that this record keeping is important
to the Department so that it can track DBE participation where only race neutral efforts are employed.
12.0
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 subc_onsultant is registered using the Al 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 Al 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.
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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
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 Section IV of the contract specifications.
14.0
Crediting DBE Participation:
14.01
General Requirements:
To count toward DBE participation, 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 participation 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.
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 must meet the requirements of a first-tier DBE subcontract.
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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 participation 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 participation.
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.
14.02 Effect of Loss of DBE Eligibility:
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 count toward DBE participation on a new contract, but may be considered to
count toward DBE participation under a subcontract that was executed before the DBE suspension or
decertification is effective.
When a DBE firm or a DBE prime consultant loses its DBE eligibility and 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 DBE participation.
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 DBE participation
credit for the firm's work.
14.03
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.
14.04 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.
14.05 Commercially Useful Function:
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A prime consultant can credit expenditures to a DBE subconsultant toward DBE participation only if the
DBE performs a Commercially Useful Function (CUF).
A DBE performs a CUF 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.
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.
15.0
Required Provisions for DBE Subcontracts:
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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.
16.0
Certification of Final DBE Payments
DBE participation on the contract 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 information 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.
17.0
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 36 - ENVIRONMENTAL PROTECTION
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CONSULT ANT 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 U.S.E.P.A. Assistant Administrator
for Enforcement (EN-329).
SECTION 37- ENERGY CONSERVATION
CONSULT ANT 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 (P.L. 94-163).
SECTION 38- 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 CONSUL TANT or any other person except with the prior written approval by
the COUNTY.
SECTION 39 - FRAUD AND FALSE STATEMENTS
The CONSULT ANT 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.
SECTION 40- FEDERAL IMMIGRATION AND NATIONALITY ACT
A.
GENERAL
The CONSUL TANT, including all subconsultants, shall comply with all 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
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The COUNTY retains the legal right to inspect the papers or records of the CONSUL TANT 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 CONSULT ANT warrants that the CONSULT ANT 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.RS. §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
D.
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.
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.
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
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CONSUL TANT or its subconsultant(s). If the same CONSUL TANT 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 CONSUL TANT 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 subconsullant(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 subconsullant(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 subconsullant does not count as a violation by the CONSULT ANT; 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 CONSULT ANT 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 bv:
Minimum Reduction
Consultant
Subconsultant A
Subconsullant B
in Compensation
First
$10,000
First
$10000
Second
50 000
First
10.000
Third
50 000*
* May, in addition, result in removal and debarment of the subconsullant.
SECTION 41 - PANDEMIC CONTRACTUAL PERFORMANCE
A.
The COUNTY shall require a written plan that illustrates how the CONSUL TANT 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.
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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 CONSULT ANT shall produce the written plan within 72 hours of the request.
SECTION 42- PERFORMANCE EVALUATIONS
The CONSUL TANT'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.
SECTION 43 - 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 44- INFLUENCE
As prescribed in MC1-1203 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,
Contract No. 2025-031
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Oocusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
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 45- 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 A?. 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 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT's obligations under this contract.
Contract No. 2025-031
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Docusign Envelope 10: 27002184-1 E06-4803-A345-82AD2863661 B
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.
CONSUL TANT 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 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.
CONSUL TANT 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 CONSUL TANT
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, CONSULT ANT 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.
Contract No. 2025-031
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Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
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 CONSUL TANT'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 46 - 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 to 2000d-4) and the Regulations, hereby notifies all
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.
SECTION 47 - FORCE MAJEURE
Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of
any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay
or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence
of the parties. Such events, occurrences, or causes will include acts of God/nature (including fire, flood,
earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities
(whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor
dispute, strike, and interruption or failure of electricity or telecommunication service.
Each party, as applicable, shall give the other party notice of its inability to perform and particulars in
reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and
remove, as soon as practicable, the cause of its inability to perform or comply.
The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that
reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-
excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood
or actual occurrence which would justify such an assertion, so that other prudent precautions could be
contemplated.
SECTION 48 - FORCE LABOR
By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation,
CONSUL TANT agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394.
Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions.
Contract No. 2025-031
Page 35
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
CONSULT ANT certifies that it does not currently, and agrees for the duration of the contract, that it will not
use:
1.
The forced labor of ethnic Uyghurs in the People's Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China.
2.
Any CONSULTANT, subconsultant or suppliers that use the forced labor or any good or
services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
If CONSULTANT becomes aware during the term of the agreement that CONSUL TANT is not in compliance
with this paragraph, the CONSUL TANT shall notify the COUNTY within five business days after becoming
aware of the noncompliance. If the CONSULTANT fails to provide a written certification to the COUNTY that
the contractor has remedied the noncompliance within 180 days after notifying the COUNTY of its
noncompliance, then the agreement terminates, except that if the agreement termination date occurs before
the end the 180-day period, the agreement terminates on the agreement termination date.
(END OF SECTION)
Contract No. 2025-031
Page 36
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
In WITNESS WHEREOF, t~
jj/)i~i,t,ereln have executed this Contract.
(fa~t6
Princlpafclthe
8Firm··
Luis M Mota
Printed Name
Chief Executive Manager
Title
10/8/2025
Date
10/08/2025
Tax Identification Number
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
RECOMMENDL~Juny:
By
(}sst- bW°iU1'V]
E4IE2353/5FO.\CJ ...
10/14/2025
Jesse Gutierrez, P.E.
Date
Transportation Director/County Engineer
Approved as to form and within the powers and authority granted under the laws of the State of Arizona to
the Mari~£~ii1g~.R,~,nty Department of Transportation.
G ~s Vuktr
101161202s
Deputye'oUnfyA1forney
Date
ACCEPTED AND APPROVED
By _________________ _
Chairman, Board of Supervisors
Date
ATTEST
By ____________ _ ____ _
Clerk of the Board
Date
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
Attachment 1
CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS
PROMPT PAY AND PAYMENT REPORTING PROVISIONS
** FOR USE ON LPA FEDERAL AID PROJECTS **
(07/24/2023)
MEASUREMENTS AND PAYMENT:
(A) Partial Payments:
If satisfactory progress is being made, the contractor shall 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 will be paid on or
before 14 days after the estimate of the work is approved. The estimate of the work will be
deemed received by the LPNSubrecipient Procurement Office on submission to the person
designated by the LPNSubrecipient 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 will 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 will be deemed approved and certified for payment after
seven days from the date of submission unless before that time the LPNSubrecipient
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 LPNSubrecipient or the LPA/Subrecipient
Designee to finalize monthly estimate. The progress payments will 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.
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
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
(B) No Retainage on Progress Payments:
(1) This is a federally-funded project. Therefore, notwithstanding A.R.S. § 34-221,
the LPA/Subrecipient Procurement Office will not withhold retainage from
progress payments. Neither the contractor, nor the subcontractor of any tier,
may withhold any retainage on progress payments to subcontractors or
suppliers of any tier.
(2) This provision does not prevent the LPA/Subrecipient Procurement Office from
withholding retainage or reducing payments where otherwise provided in the
contract. These cases may include, but are not limited to:
(a)
Delayed work;
(b)
Work that is not satisfactorily performed; or
(c)
A failure to submit necessary reports, certifications, or documents to
the LPA/Subrecipient Procurement Office.
(C) Subcontractor Payments:
(1)
No Retainage:
(a) This is a federally-funded project. Therefore, notwithstanding A.R.S. §
34-221, neither the contractor, nor the subcontractor of any tier, may
withhold any retainage on progress payments to subcontractors or
suppliers of any tier.
(b) Pursuant to Subsection (8)(2) of this Specification, the contract does
not prevent the LPA/Subrecipient Procurement Office from withholding
retainage or reducing payments where otherwise provided in the
contract. These cases may include, but are not limited to:
(i)
Delayed work;
(ii)
Work that is not satisfactorily performed; or
(iii)
A failure to submit necessary reports, certifications,
or
documents
to
the
LPA/Subrecipient
Procurement Office.
(c) When the LPA/Subrecipient Procurement Office withholds retainage or
reduces payments under Subsection (8)(2) of this Specification, the
contractor may withhold
retainage
on
progress payments to
subcontractors or suppliers of any tier. However, the contractor may
only withhold a reasonable amount of retainage.
(d) For the purpose of this section, a "reasonable amount" of retainage is
based on the subcontractor's involvement or the supplier's involvement
in the cause for the LPA/Subrecipient Procurement Office's reduction
of payment. The final amount retained from all subcontractors and
suppliers shall not be higher than the amount retained by the
LPA/Subrecipient. However, tier subcontracts shall include provisions
that comply with this section.
Prompt Pay and Payment Reporting Provisions- 2/5
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(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 LP A/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 lier shall make prompt final payment to each
of its subcontractors.
The contractor and each subcontractor of any lier 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 preconstruclion 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
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.
Prompt Pay and Payment Reporting Provisions- 3/5
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD2863661B
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 month that the contractor fails to submit timely and complete payment information
the LPNSubrecipient Procurement Office will retain $5,000 as sanctions from the monies
due to the contractor. After 90 consecutive days of non-reporting, the sanctions will increase
to $10,000 for each subsequent month which the contractor fails to report until the
information is provided. These sanctions will 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 LPNSubrecipient
Procurement Office.
(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 LPNSubrecipient will determine whether the contractor has acted in good faith
concerning any such explanations. The LPNSubrecipient and ADOT BECO reserves the
right to request and receive documents from the contractor and all subcontractors of any
Prompt Pay and Payment Reporting Provisions- 4/5
Docusign Envelope lD: 27002184-1 E06-4803-A345-82AD2863661 B
lier, 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) Sanctions: These sanctions will be in addition to all other retention or
liquidated damages provided for elsewhere in the contract.
(i) The LP A/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 sanctions.
(b) Additional Remedies. If the contractor fails to make prompt payment for
three consecutive months, or any four months over the course of one
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 sanctions
described in paragraph (a) above,
(ii) Terminate the contract for default,
(iii) Disqualify the contractor from future bidding, temporarily or
(iv) permanently, depending on the number and severity of violations, if
applicable.
In determining whether sanctions will be assessed, the extent of the sanctions, or additional
remedies assessed, the LPA/Subrecipient will consider whether there have been other
violations on this or other 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
Docusign Envelope JD: 27002184-1E06-4803-A345-82AD28636618
Attachment 2
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-
Docuslgn Envelope ID: 27002184-1E06-4803-A345-82AD2863661B
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 FY 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
Performance rating of 1 or 2 on 3-4 evaluation factors
Performance rating of 1 or 2 on 5-6 evaluation factors
Performance rating of 1 or 2 on 7-8 evaluation factors
Performance rating of 1 or 2 on 9 or more evaluation factors
-1 points
-2 points
-3 points
-4 points
-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 NTP 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.
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
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.
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
Attachment 3
Maricopa County Department of Transportation
Title VI Assurances
The Maricopa 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 o,(Transportation,
is subject to and will comply with the following:
Statutory/Regulatory Authorities
•
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);
•
49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964);
•
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);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"
respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda
and/or guidance, the Recipient hereby gives assurances that it will promptly take any measures necessary to
ensure that:
"No person in the United States shall, on the grounds o,frace, color, or national origin, be excluded
J;.om participation in, be denied the benefits o_f, or be otherwise su~iec/ed to discri111i11alio11 under any
program or aclivity, "for which the Recipient receives Federal.financial assistance .fi'om DOT,
including the Federal Highway Administration.
The Civil Rights 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 broad, institutional-wide scope and coverage of these non-
discrimination statutes and requirements to include all programs and activities of the Recipient, so long as
any portion of the program is Federally assisted.
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the
following Assurances with respect to its Federal Aid Highway 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 "activity") facilitated, or will be (with regard to
a "facility") operated, or will be (with regard to 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 funding source:
"The Maricopa Count}' Department o(Tn111sportatio11, in accordance with the provisions of
Title VJ of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) 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
affordedfi1/I 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 considerationfor an
award."
3. The Recipient will insert the clauses of Appendix 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,
strnctures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to 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 receives 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 C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or
similar instruments entered into by the Recipient with other parties:
Docusign Envelope ID: 27002184-1 E06-4803-A345-82AD2863661 B
a. for the subsequent transfer of real prope1ty acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, 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 stmctures or improvements thereon, in
which 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.
I 0. 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 Count!' Department o(Tra11sportatio11 also agrees to comply (and
require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply)
with all applicable provisions governing Federal Highway Administration or Arizona Deparlment of
Transportation access to records, accounts, documents, information, 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, Arizona
Departmenl o.fTransportation, 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.
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
Maricopa County Department of Transportation gives this ASSURANCE in consideration of and for
obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid
and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the Federal Highway Administration and Arizona Department ofTramportation. This
ASSURANCE is binding on Arizona, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors and their subcontractors, transferees, successors in interest, and any other participants in the
Federal Aid Highway Program The person(s) signing below is authorized to sign this ASSURANCE on
behalf of the Recipient.
Maricopa County Department of Transportation
(Name of Recipient)
G
Slgnedby:
Jt,sst.. bWiU'Yt.l'J
5;5;202 5
by ---="'"'"'Eoe23,eS3,c75,cF04=C3""
... _____________ DATED __________ _
(Signature of Authorized Official)
Attachments
Appendices A, B, C, D, E
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
I. 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 or the Arizona Department of
Transportation, as they may be amended from time to time, which are herein incorporated by reference
and made a part of th is contract.
2. Nondiscrimination: 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 contract covers any activity, project, or program set forth in
Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontractors, 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 race, color, or
national origin.
4. Information and Reports: The contractor will provide all information 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 ofTranspmtation 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 Depattment 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.
withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in patt.
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 respect
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
noncompliance. Provided, that if the 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.
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
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 authorized by law and upon the condition that
Maricopa 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 Arizona Department ofTranspottation, Federal
Highway Administration and 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 ofTranspo,tation, Subtitle A,
Office of the Secretaiy, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation pe1taining 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 2000d-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 pait hereof.
(HABENDUM 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 services 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 (I) 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 Secretaiy, 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].*
• Reverter clause and related language to be used only when it is determined that such a clause is 11eceSS(IIJ' in
order to make clear the purpose of Title VI
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
APPENDIX C: CLAUSES FOR TRANSFER OF REAL PROPERTY
ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR
PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Maricopa County Department of Transportation pursuant to the provisions of Assurance
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:
I.
In the event facilities are 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, permittee, 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
Nondiscrimination covenants, Maricopa County Depaiiment 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, permits, etc., in the event of breach of any of the above
Nondiscrimination 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 County
Department of Transportation and its assigns*.
*Reverter clause and related language to be used only when it is determined that such a clause is necessary to
make clear the purpose of Title VI.
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
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/agreements
entered into by Maricopa 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, does hereby
covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that
(I) 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
Nondiscrimination covenants, Maricopa County Depatiment 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,
Maricopa County Department of Transportation will there upon revert to and vest in and become the
absolute property of Maricopa County Department of Transportation and its assigns.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessmy
in order to make clear the p11171ose o_(Title Vl
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
APPENDIXE
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•
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 Part 21.
•
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
460 I), (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);
•
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 610 I et seq.), (prohibits
discrimination on the basis of age);
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);
•
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. pa1ts 37 and 38;
•
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);
•
Executive Order 12898, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•
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 seq).
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
4
Alldl..11ll lt:lll
ARIZONA
-
DEPARTMENT O F -
TRANSPORTATION
CERTIFICATION OF FINAL DISADVANTAGED BUSINESS ENTERPRISE (DBE) PAYMENTS
Professional Services Contracts
{Submit one form for each DBE involved in the contract)
The undersigned consultant on Agency Project No:
ADOT TRACS No: ______
_
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 consultant, all documentation
supporting the consultant'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.
Consultant Company Name:
Check One: 0 Prime Consultant O Sub Consultant
Name:
Titfe:
Signature: ___________________ _
Date:
• -
• ·- •• -
•• -
■ ■ -
■ ■ -
•• -
•• -
•• -
•• -
• ■ -
•• -
- -
-
•• -
• ■ -
■ ■ -
■ ■ -■•
-
•• -·· -·.
-
•• -
•• -
•• -
•
The undersigned sub consultant/supplier/manufacturer for the above named project hereby certified that payments
were received and/or justification by consultant 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: 0 Sub Consultant/Supplier/Manufacturer O Lower-tier Sub Consultant/Supplier/Manufacturer
Name:
Title:
Signature: ___________________ _
Date:
3210PS - LPA 1.3.2017
Docuslgn Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
ATTACHMENT 5
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Performance and Payment of All Claims
ENGINEERING CONTRACTS
____________ hereby certifies to the Maricopa County Department of
(Name of Signer)
Transportation (MCDOT) that all lawful claims for labor, rental of equipment, material used, and any other
claims by lnfenix, LLC, or its Subconsultants in connection with the project described in MCDOT Contract
No. 2025-031, 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 performance of MCDOT Contract No. 2025-031 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 __ .
Signature
Title
Subscribed and Sworn to before me this ___ day of _______ 20_
Notary Public
My Commission Expires: ______ _
Contract No. 2025-031
Page 42
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
,-,
...................
ACORD®
CERTIFICATE OF LIABILITY INSURANCE
I
DATE (MMIDDNYYY)
~
8/25/2025
ient 6
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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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
~2ll1/CT Abi Law
Stuckey Insurance
ra~~>N.t "··"· 602-264-5533
f fffc No':
2850 E Camelback Rd
Suite 325
!t'o~~ss: abiaai/.lawur1s1ucke'" insurance.com
Phoenix AZ 85016
INSURER/SI AFFORDING COVERAGE
NAIC#
INSURER A: T\Vin Citv Fire Insurance Comoanv
29459
INSURED
INFELLC-01 INSURER B: Hartford Accident & lndemnitv Comoanv
22357
lnfenix, LLC
INSURER c: Rated bv Multiole Comoanies
914
6225 N 9th Place
Phoenix AZ 85014
INSURER o: XL Soecialtv Ins
37885
INSURERE:
INSURER F:
COVERAGES
CERTIFICATE NUMBER· 1867523565
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 SEEN REDUCED BY PAID CLAIMS.
lNSR
TYPE OF INSURANCE
~l_)})_L ~-~~~
POLICY EFF ,~fil6%}'My1
LIMITS
LTR
POLICY NUMBER
IMM/DD!YVYYI
A
X
COMMERCIAL GENERAL LIABILITY
y
y
59SBvVIW1065
4/17/2025
4/17/2026
EACH OCCURRENCE
$2,000,000
I CLAIMS-MADE [8J OCCUR
~~~t~iJ9E~~ir~encel
$1,000,000
f---
MED EXP (Any one person)
S 10,000
PERSONAL & ADV INJURY
S 2,000,000
~
GENl. AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
S4,000,000
Fl
[K] PRO-
O,oc
PRODUCTS· COMP/OP AGG
$4,000,000
POLICY
JECT
OTHER:
$
B
AUTOMOBILE LIABILITY
y
y
59UEGFP7460
4/17/2025
4/17/2026
~c:-~~Nd~~if1NGLE LIMIT
$1,000,000
~
X
ANY AUTO
BOD!l Y INJURY (Per person)
$
-
-
OWNED
SCHEDULED
AUTOS ONLY
AUTOS
BODILY INJURY (Per accident) $
-
HIRED
-
NON-OWNED
r,ROPERTY DAMAGE
X
X
$
-
AUTOS ONLY
-
AUTOS ONLY
Per accident
$
A
X
UMBRELLA LIAS
~
OCCUR
59SBvVIW1065
4/17/2025
4/17/2026
EACH OCCURRENCE
$4,000,000
-
EXCESS LIAS
CLAlMS-MADE
AGGREGATE
$4,000,000
OED I X I RETENTION s 1n ~~~
$
C
WORKERS COMPENSATION
y
59VvE.GM2HGA
4/17/2025
4/17/2026 X I :t.~TUTE I
I OTH•
ER
AND EMPLOYERS' LIABILITY
YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE ~
E.L. EACH ACCIDENT
S 1,000,000
OFFICER/MEMBER EXCLUDED?
N/A
(Mandatory in NH)
E.L. DISEASE· EA EMPLOYEE S 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
EL DISEASE· POLICY LIMIT
$1,000,000
o
Professional Uabmty
DPR5042674
4/17/2025
4/17/2026
Per Cla!:m
2,000,000
Aggregate
2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Professional Liability- Claims Made - Retro Date 04/17/2017
Re: Project: Northern Park\vay Agua Fria to 103rd Ave, Project No TT0600, Contract No. 2025·031, ADOT Project No. T018801C-CM
Except for Workers Compensation and Professional Liability/Errors and Omissions, Maricopa County Department of Transportation, Maricopa County, their
agents, representatives, officers, Directors, Officials, and employees are included as Additional Insureds. Any insurance available to the named insured shall be
primary of other sources that may be available. It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage
available to the County without thirty (30) days written notice to the County.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVERED IN
Maricopa County Department of Transportation
ACCORDANCE WITH THE POLICY PROVISIONS.
Contracts Branch
2901 W. Durango St.
AUTHORIZED REPRESENTATIVE
Phoenix AZ 85009
~~ct..
I
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661B
Attachment 7
MAR~~COPA
COUNTY
Maricopa County Small Business Enterprise Program
Participation Reporting Form
TRANSPORTATION
This.form is to be submiffed with each pay application or invoice. Any pay application or invoice without
this form affached 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-performed and your firm, as the prime, is an SBE firm pursuant to
A.R.S. § 41-100 I, et seq., then you may list your firm as the SBE firm.
SBE Firm Name
SBE Firm Address
Type of Work
$ Pd to SBE this
Performed
Aon/Inv
$
$
$
$
$
$
$
$
$
$
D 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
Docusign Envelope ID: 27002184-1 E06-4803-A345-82AD2863661B
EXHIBIT A
SCOPE OF WORK_
CONTRACT NO. 2025-031
NORTHERNPARI(WAY AGUAFRIA TO 103RD AVE
- CONSTRUCTION ADMINISTRATION
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
EXHIBIT A
CONSULTANT'S SCOPE OF WORK
CONSTRUCTION ADMINISTRATION SERVICES
TT0600, Northern Parkway (Agua Fria to 103rd Avenue)
ADOT TRACS No. T018801C
1. DEFINITIONS
COUNTY
PROJECT MONITOR
CONSULTANT
CONSTRUCTION
ADMINISTRATION
2. GENERAL
CONTRACT NO. 2025-031
Maricopa
Department
of
Transportation
(MCDOT)
Construction and Materials Division
The official MCDOT representative who will remain available
for consultation throughout all phases of the construction
project and who will guide the Consultant during the
administration of the construction contract.
Employee(s) of the Prime firm and/or their Sub-Consultants,
contracted with MCDOT to represent MCDOT and administer
the construction contract in accordance with this Scope of
Work; Project Plans and Specifications; MCDOT, MAG, and
other applicable standard details and specifications; the
MCDOT Manual for Construction Management; and MCDOT
policies and procedures.
The
performance
of
contract
management,
ADMINISTRATION construction inspection, performance of
office
procedures,
safety
monitoring,
partnering,
documenting the work, and all other duties required to
successfully manage the project under the terms of this
contract. Included is enforcement of the MCDOT Title VI
program,
and
all
other additional
labor compliance
requirements incorporated into the construction contract.
The work performed under this contract consists of the Construction Administration,
Inspection, and associated services in support of the COUNTY's improvements of Northern
Avenue.
The purpose of the Project is to provide multi-modal facilities and sufficient roadway capacity
to meet projected traffic volumes while maintaining an acceptable level of service
commensurate with Maricopa County Department of Transportation (MCDOT) Guidelines
Construction is expected to take 231 calendar days; however, services under this contract also
include both Pre- and Post-Construction activities.
Page 1 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
Specific areas of expertise and work elements to be addressed include:
•
Resident Engineer or Senior Resident Engineer
•
Project Supervisor
•
Field Office Manager
•
Environmental Mitigations
•
Electrical and Traffic Signal Networks
•
ADA-Compliant Improvements
•
Intelligent Transportation Systems (ITS)
•
Standards and Details of Project IGA Partners.
CONSULTANT designated Key Personnel on the SOQ Form (Attachment A) will take these areas of
expertise into consideration:
COUNTY expectations for staffing roles, in relation to minimum qualifications, and experience can
be found in this matrix, and additional requirements are addressed later within this Scope of Work.
Performs many tasks in a highway construction environment independent of
Level 1 Inspector -
any direct supervision. Has the authority to recommend rejection of materials
Entry Level
or workmanship, which are not in compliance with agency specifications.
Knowledge of procedures and techniques of surveying, construction
standards, inspection, quality control, and/or materials; proper construction
documentation, safety practices, and procedures. Qualifications: A minimum
of a High School diploma or equivalent.
Exercises
some
independent
judgment
within
established
program
parameters.
Has the authority to determine when project materials and
procedures are noncompliant with agency specifications.
Knowledge of
procedures and techniques of surveying, construction standards, inspection,
Level 2Inspector-
quality control, and/or materials; proper construction documentation, safety
Mid Level
practices, and procedures. Serves as a journeyman-level technician performing
a variety of work related to highway construction activities. Analyzes and
evaluates a wide variety of technical engineering data; interprets and
implements standards, policies, procedures, and regulations. Qualifications:
ATTI Field Technician Level I Certification; ACI Concrete Field Grade 1
Certification; and minimum 5 years as Entry Level Inspector or equivalent.
Serves as a lead technician under the general supervision of the Engineer-In-
Charge or designated representative, coordinating activities on a highway
construction project(s) including survey, quality control, inspection, lab, and
office. Inspects and documents the most complex contract items, such as
structures and concrete or asphalt pavement; performs related duties as
Lead Inspector
necessary due to staffing requirements.
Provides training, coaching, and
guidance to employees as directed. Knowledge of principles and practices of
civil engineering related to the construction of state highway system
roadways.
Must have the ability to work independently, and complete
assignments to acceptable standards on time.
Qualifications: ATTI Field
Technician Level I Certification; ACI Concrete Field Grade 1 Certification; and
minimum 2 vears as Mid -Level Inspector or equivalent.
Provides technical analysis for a project. Under general supervision, exercises
considerable and significant independent judgment within established
Project Supervisor
program parameters, policies, and procedures.
Possesses extensive
knowledge of principles and practices of civil engineering, as applied to the
area of assignment. Supervises, organizes, and prioritizes work assignments
and daily activities of Inspection staff.
Qualifications: 15 years relevant
experience OR have a BS in Civil Engineering or Construction Management and
Page 2 of 14
Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661 B
2 years relevant experience.
Supervises construction projects, including determining the acceptability of
materials furnished and work performed, preparing contract supplemental
agreements as needed, verifying and documenting adherence with all
Resident Engineer (RE)
applicable safety and environmental standards, monitoring and documentation
of contractor activities, material testing and documentation, payments to the
contractor, tracking project progress schedules, budgets, and scope. May
include supervision and operations of a field office and staff. Qualifications:
Must have current Arizona Registration as a Civil Engineer and 5 or more years
of relevant exoerience.
Supervises more complex construction projects, including determining the
acceptability of materials furnished and work performed, preparing contract
supplemental agreements as needed, verifying and documenting adherence
Sr. Resident Engineer
with all applicable safety and environmental standards, monitoring and
(SRE)
documentation of contractor activities, material testing and documentation,
payments to the contractor, tracking project progress schedules, budgets and
scope. May include supervision of other Resident Engineers and operations of
a field office and staff.
Qualifications:
Must have current Arizona
Registration as a Civil Engineer and 10 years of relevant experience.
Oversees the work activities of a construction project office and contract and
inspection documentation.
Involved in preparing/maintaining reports, pay
item and other financial documentation, change order and related contract
document
preparation,
federal
compliance
documentation,
etc.
Knowledgeable of the interrelationship of all contract documents used for
Field Office Manager
construction and Agency policy and procedures. Knowledgeable in computer
usage (Excel, Work, Outlook, etc.). On Federal projects must have relevant
experience and expertise in federal compliance requirements including Davis
Bacon provisions, wage conformances, certified payroll review and related
documentation utilizing LCPTracker system, and DBE compliance and
documentation utilizing Arizona LPA system.
Qualifications:
Minimum 8
years relevant experience OR degree in Business/Project Administration,
AccountinQ or education with math or science emphasis.
2.1.
The CONSULTANT shall provide complete construction administration services
to the Maricopa County Department of Transportation, hereinafter referred to
as COUNTY, and serve as an extension of the COUNTY staff. The following
outline is not intended as a complete task listing but as a general outline of the
level of service required.
2.2.
The CONSUL TANT will administer this Federal Aid construction project for the
COUNTY. The Consultant staff should be well versed in federal aid
requirements and be prepared to comply with all federal reporting, record
keeping/retention, monitoring and other required federal guidelines for both the
Construction and Construction Administration contracts to maintain eligibility
for Federal Funds. The Consultant will be required to obtain and meet the DBE
Goal established by BECO/ ADOT for this project or get approval of Good Faith
effort if unable to obtain the established goal.
2.3.
Assist and/or represent the COUNTY during ADOT, FHWA, or internal Audits of
this project. The Resident Engineer shall make themselves available and be
able to produce the necessary documents that are requested for these audits.
Page 3 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
2.4.
Consult with COUNTY to determine the general nature, scope, and extent of the
construction administration services required of the WORK and identify the
need for and availability of project data or services
2.5.
An IGA between Maricopa County, the City of El Mirage, the City of Glendale,
and the City of Peoria has been recorded (C-19-09-081-M-00).
The
CONSUL TANT will familiarize themselves with the IGA and will be the lead in
coordination with the COUNTY and these named Parties throughout
construction, assuring the conditions and milestones of the IGA are met and
assuring the Final Acceptance of the Project.
2.6.
If selected for this contract, and before the submittal of the Fee Proposal,
consult with COUNTY to determine the general nature, scope, and extent of the
construction administration services required of the WORK, unique situations
associated with the project, and to identify the need for, and availability of
project data or services.
After written notice to proceed, CONSUL TANT will:
2.7.
With COUNTY approval, procure an Engineer's Field Office near the project site,
preferably within the project limits. If a suitable location cannot be found
within the project limits, the field office will be located as close to the project as
possible. The Engineer Field Office will accommodate all key project staff and
provide the CONSULTANT with all furniture, facilities, supplies, utilities, and
amenities required to perform day-to-day construction administration for the
life of the construction project or until COUNTY notifies the CONSULTANT
otherwise.
2.8.
Arrange for access and secure any permits required to enter upon public and
private property, as required, for CONSUL TANT to perform services required for
the WORK.
2.9.
Maintain a project staff for the full duration of the contract that is
knowledgeable in all areas of work covered within this Scope of Work and the
project's construction contract documents. Employees of the CONSUL TANT or
any SUB-CONSULTANTS who do not perform their work in a safe and
knowledgeable manner, or who are intemperate or disorderly, shall be removed
immediately from the project at the written request of the COUNTY.
2.10.
The CONSULTANT or SUB-CONSULTANTS providing services under this contract
cannot have the same parent company or any corporate association with the
contractor(s)
performing
work
for
these
projects.
3. SPECIFIC WORK REQUIREMENTS
3.1. MANAGEMENT SERVICES
3.1.1.
If made available before or during the prosecution of this Construction
Administration Services contract, the CONSUL TANT will be required to use the
Page 4 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
COUNTY's Construction Management Software for all
responsibilities
prescribed herein Section 4 and Section 6 of this Scope of Work.
3.1.2.
The CONSULTANT, as contract administrator, will have the sole responsibility
for communicating or relaying information and/or requests to the contractor.
Problems or questions concerning the project, or the contractor will be
addressed to and by, the CONSULTANT. The CONSUL TANT will be expected
to be actively engaged with the project and respond to project issues
expeditiously to meet the project's time constraints.
3.1.3
The CONSUL TANT will provide project field inspection staff with vehicular
transportation, cellular telephone, and any other required devices to
successfully determine the contractor's workmanship quality. Field testing
equipment for soils and/or concrete may be required for work under Section
4.2. All project staff is required to have computer access for effective and
comprehensive documentation, reporting, analysis, and communication.
3.1.4
Prepare, issue, and maintain a list of key personnel assigned to the project,
including contractor and subcontractors, consultants, and any other sub-
consultant personnel by listing telephone numbers, e-mail addresses,
affiliation, and responsibility.
3.1.5
The CONSUL TANT will have a thorough working knowledge and prior
experience with Partnering as it relates to the construction of public projects.
The CONSUL TANT and the staff will maintain a professional working
relationship with the contractor throughout the construction project.
3.1.6
Prior to the Preconstruction Conference and Partnering Workshop the
CONSUL TANT will meet with the COUNTY to establish the Partnering needs
and direction as it specifically applies to this project and the COUNTY
Partnering Program. This meeting will also identify all stakeholders beyond the
CONSUL TANT, COUNTY, and Contractor; address the Partnering budget;
address facilitation of the initial Partnering Workshop and Pre-Construction
meeting; and identify potential venues or formats.
3.1.7
In accordance with the COUNTY Partnering Program, assist the Partnering
facilitator, who will be mutually agreed upon by the COUNTY, CONSULTANT,
and contractor, in making arrangements for and conducting an Initial
Partnering Workshop for the project. This Workshop will review the overall
scope and intent of the project; discuss the principles of Partnering; establish
the unified goals of the Project and the construction team; identify Contractor
issues; establish the Project's escalation matrix; identify issues of concern
from Stakeholders; and develop action plans to address each issue. The
CONSUL TANT will be solely responsible for notifying the Stakeholders of this
meeting.
3.1.8
The CONSUL TANT will take the lead role in championing Partnering throughout
the duration of the project. Partnering will be a standard agenda item at weekly
construction meetings and will also entail special meetings to specifically
address issue resolution and the effectiveness of Partnering in achieving
resolution and construction team effectiveness. The CONSUL TANT will be
Page 5 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD28636618
responsible for documentation of the Partnering, including details of follow-
through on the action plans for each issue and the resolution of issues.
3.1.9
The CONSULTANT will plan for and conduct the pre-construction meeting for
the project. To maximize the efficiency and attendance of key personnel, the
pre-construction meeting is to be combined with the initial Partnering
Workshop. Agenda templates for the combined meetings are available and will
be tailored to address the specific needs and requirements of the Project. The
conference will be held in one of the conference rooms at Maricopa County
Department of Transportation, located at 2901 West Durango in Phoenix,
Arizona, or other venue and/or format as appropriate. The CONSULTANT will
be solely responsible for notifying the Stakeholders of this and all subsequent
project meetings. Alternative arrangements may be considered for an off-site
location if combined with the initial Partnering Workshop.
3.1.10
The CONSUL TANT will be responsible for preparing a schedule of shop
drawings and material submittals to be expected from the Contractor that is
consistent with the project schedule. Additionally, the CONSULTANT will make
early identification of materials with complex specifications and/or long lead
times in procurement and guide Contractor in obtaining early submittal
approval as necessary.
3.1.11
The CONSUL TANT will facilitate the review and approval of project shop
drawings and material submittals. Distribute as necessary to the appropriate
municipal or MCDOT Division if their review is desired or specified.
Such
submittals will be stamped either "Approved," "Not Approved." or "Approved as
Noted", as appropriate.
All submittal reviews are passed through the
CONSUL TANT regardless of other Agency reviews.
3.1.12
If requested, the CONSULTANT will prepare a Material Sample Checklist
outlining the required tests, the frequency of testing and sampling
requirements for materials anticipated for use on the project in accordance
with the MCDOT Sampling & Testing Guide - Federal. The sampling frequency
for Independent Assurance testing will generally occur at the approximate rate
of one per twenty acceptance tests.
3.1.13
The CONSUL TANT must additionally prepare a Materials Certification Log that
lists the manufacturer's Certificates of Compliance and Certificates of Analysis
that will be required during construction. The manufacturer's certifications will
be reviewed to ensure that all materials and manufactured items incorporated
into the project conform to the plans and specifications. The certifications
shall include as a minimum the information listed in Section 106.05 (A), (B),
and (C) of the ADOT Standard Specifications for Road and Bridge Construction
and as modified by the COUNTY. Reference the Certification of Compliance
checklist located in the materials section of the construction management tab
of the MCDOT technical webpage.
3.1.14
All steel and iron products permanently incorporated into the project must be
domestically produced and shall comply with the current "Buy America"
requirements of 23 CFR 635.410. Ensure that all steel and iron products have
appropriate certification statements provided by the manufacturer. Records for
the products must be traceable through heat numbers and mill certificates. The
Page 6 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
CONSUL TANT shall review and log all certifications. Certifications shall be
verified by visual inspection of the material delivered to the project site.
3.1.15
A construction material, when used on a federal-aid construction project shall
comply with the requirements of Build America, Buy America (BABA) Act
specified in Title IX, Subtitle A, Part 1, Sections 70901 and 70911-70918 Pub. L.
No. 117-58 §§ 70901; §§ 70911-70918) of the Infrastructure Investment and
Job Act (IIJA). Ensure that all construction materials have appropriate
certification statements. The CONSUL TANT shall review and log all
certifications. Certifications shall be verified by visual inspection of the material
delivered to the project site.
3.1.16
The CONSUL TANT will submit written narrative progress reports to the
PROJECT MONITOR on a weekly and monthly basis. The weekly reports will be
delivered by 9:00 A.M. Monday following the week covered in the report, and
they will contain considerable detail about activities on the project. A detail of
the CONSUL TANT's anticipated type and number of project personnel to
adequately cover the work for the upcoming week will also be included. Project
staffing will be proportional to upcoming work, and expertise will be
appropriately assigned.
3.1.17
A Monthly Project Update will be delivered by the fifth (5) of each month and is
required to consist of a brief recap of the project progress for the previous
month including comments on schedule and progress, deficiencies, and any
problems, which may result in claims or additional expense to the COUNTY.
When seventy percent (70%) of the contract time has been used for the project,
the CONSULTANT will advise the PROJECT MONITOR if the project can be
completed within the original time frame. If the project cannot, a detailed
analysis outlining the time needed to complete the project must be submitted
along with a request for an extension of time to the PROJECT MONITOR. This
analysis and request must be completed and received by the PROJECT
MONITOR prior to eighty percent (80%) of the contract time being used.
3.1.18
Each of the project staff performing inspection or assigned responsibility for
any project operation is required to maintain a diary of detailed information
concerning the contractor's operations for the specific phase of work they are
assigned to. These diaries will be completed every day that project staff is
actively participating in the contract per the MCDOT Manual for Construction
Management and will be kept on file in the project field office and will be made
available to the COUNTY upon request. The COUNTY will be utilizing a Web
Based Construction Management application which may be used for
diary, RFI, submittals, pay estimates, change orders, document filing, and
other entries.
If the system is in place at the time the construction
contract is bid, then the consultant will use the application. Training on
the Web Based Construction Management will be provided to the
Consultant by the COUNTY.
3.1.19
The CONSUL TANT will conduct weekly meetings with the Contractor's
supervisory personnel to provide close coordination with the Contractor and
ensure the Contractor's understanding of each aspect of the work.
At a
minimum, one meeting per month will include a discussion of the status of the
Page 7 of 14
Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD28636618
project's partnering relationship and a review of the partnering evaluation
results.
Likewise, the CONSUL TANT must record the minutes from each
weekly meeting and transmit them to all concerned parties and Stakeholders.
The COUNTY will approve the meeting location and schedule.
3.1.20
The CONSULTANT is responsible for determining quantities of finished work
in-place, obtaining the Contractor's concurrence, and preparing monthly
progress payment report(s) utilizing MCDOT's standard format, and submitting
this progress payment report to the COUNTY within 5 days after the 20th of
each month. Approval of the monthly progress report will be processed via
electronic signatures.
Electronic signatures would be routed through
programming as determined by the COUNTY. The CONSULTANT will maintain
separate and distinct records, files, all inspection diaries, logbooks, survey
staking records, material test results and required documentation that justify all
payments for quantity of work in place.
3.1.21
This project has federal funding and must conform to all federal requirements.
The CONSULTANT project staff shall review contractor and sub-contractor
payrolls weekly for conformance with the published wage decision utilizing
LCPTracker software; review and recommend approval to the PROJECT
MONITOR for any additional wage classification conformance requests from
the contractor; conduct periodic, confidential interviews with contractor
employees during the execution of the work to verify contractor wage
compliance. The CONSUL TANT project staff shall monitor subcontract
compliance for work performed by Disadvantaged Business Enterprise (DBE)
contractors. In the State's Local Public Agency Contract Management System
the CONSUL TANT project staff shall review subcontractor payment data for
prompt payment requirements and monitoring DBE Compliance. The
CONSULTANT project staff will recommend approval, monitor and track
trainee
hours
for
contractor
apprentice
programs.
3.1.22
The consultant shall review the subcontractor list and verify subcontractor
documents for completeness and accuracy before submitting to the PROJECT
MONITOR with recommendation for approval. Ensure that SRF forms,
subcontractor agreements, EEO clauses, FHWA 1273 form, contractor
compliance, and special provisions are in compliance, signed, dated, etc.
Ensure that all appropriate federal exhibits are included in the SRF. Contact the
construction branch's Engineering Specialist for a copy of the most current SRF
form. Monitor subcontractor project involvement as documented in the
subcontractor agreements. Furthermore, the CONSUL TANT is to actively
monitor that the prime contractor is maintaining a minimum of 50% self-
performance.
3.1.23
The CONSUL TANT will perform all contractor employee interviews and DBE
commercially useful function ("CUF") interviews in accordance with the
executed contract documents.
3.1.24
The CONSUL TANT will analyze problems that may arise as the result of any
changes, actual field conditions, alterations, or conflicts and make an
appropriate analysis of alternative actions, submit recommended solutions,
cost analysis, supporting documents, and calculations in writing to the
COUNTY for review and approval.
If a change order is required, the
Page 8 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD28636618
CONSUL TANT shall make recommendations for and process change orders
for submittal to the COUNTY for final approval. The COUNTY will be consulted
regarding the format of the Change Order. The COUNTY only accepts change
orders in electronic format. The CONSUL TANT will obtain "concurrence" from
the MCDOT PROJECT MONITOR and Chief Construction Engineer on all
Change Orders and "notify" the same on all Change Orders. The CONSUL TANT
shall notify the PROJECT MONITOR that
ADOT "concurrence" on Major
Change Orders through the ADOT LPA Project Manager is needed. The
PROJECT MONITOR will obtain ADOT "concurrence". Electronic signatures
would be routed through programming as determined by the COUNTY.
3.1.25
The CONSULTANT will schedule and conduct a final inspection when work is
complete and prepare a list of end-product deficiencies for reinspection
following repair, replacement, or any other authorized remedial effort.
3.1.26
At the conclusion of the project, the CONSULTANT will make the final
determination of all contract quantities.
In addition, they will prepare and
submit a final payment request paired with the project's final quantity analysis,
change orders, and all necessary certificate of performance documents on
COUNTY approved forms. The project final includes DBE Final Payment
Affidavit documents and/or documentation of revisions to DBE goals.
3.1.27
The CONSUL TANT shall prepare FINAL Record Drawings by updating an
electronic PDF master file of the COUNTY "AS-BID" Plan Set to provide an
accurate permanent record of the project's actual constructed features. The
Record Drawing master file will be continuously updated throughout
construction as changes are constructed and submitted to the COUNTY within
90 days of construction's Final Acceptance.
The CONSUL TANT will use
BlueBeam Revu 21 (or a new version of BlueBeam Revu) to update the Record
Drawing master file with all information concerning changes, additions, or
deletions to the original design shown in red and clouded, with any deleted
item(s) crossed or lined out, but not obscured by the record drawing changes.
The CONSULTANT Resident Engineer will provide a sealed and signed record
drawing certification statement on the cover sheet. The Resident Engineer's
Registered Professional Civil Engineer seal will be affixed to the cover sheet
with, as a minimum, a certification statement similar to the following:
RECORD DRAWING CERTIFICATION
To the best of my knowledge and belief, the project was constructed as shown
hereon.
3.1.28
The CONSULTANT must establish and maintain a project file according to the
latest MCDOT C&M Division Filing Indexing Guide, and submit the completed
files to the COUNTY, including all shop drawings, daily inspection diaries,
maintenance manuals, manufacturer's instructions, parts lists, or other
pertinent data applicable to the project. Files will also contain copies of all
correspondence,
inspection
logs,
reports,
test
results,
photographs,
documentation for the cause of delays, payment requests, change orders, field
orders and sketches, survey notes, quantity estimates, and such other
applicable documents necessary to provide a complete and accurate job
record from beginning to end. Project Record Documents as defined by the
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Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
PROJECT MONITOR will be provided in electronic PDF format on a monthly
basis throughout the duration of the project.
3.1.29
The CONSUL TANT will submit a final package stating that the project has been
completed in substantial compliance with the contract requirements with the
recommendation that the project be accepted and final payment made to the
Contractor. Closeout documents and examples are provided in the MCDOT
Manual for Construction Management and will be submitted no later than 90
calendar days following the final acceptance of the project.
3.1.30
The CONSUL TANT is to provide a post-construction analysis of the project
addressing areas of successful prosecution, and specific types of problems
encountered, along with recommendations for prevention of similar problems
on future projects in the form of the Lessons Learned spreadsheet and be
available to participate in the post-construction "Lessons Learned" Workshop.
Page 10 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD28636618
3.2
INSPECTION AND MATERIALS TESTING SERVICES:
The CONSULTANT will provide the following Inspection and Materials Testing
Services:
3.2.1
Perform all inspections and field documentation needed to adequately record
the quality of the work as it is being constructed by the contractor.
3.2.2
Provide at least one qualified inspector on the site, as required, when work is
being performed by the Contractor. Provide additional project staff as necessary
to match the production of the Contractor, which will remain consistent with the
negotiated staffing plan for the contract. The project will require specialty
inspection experience of: electrical components, traffic signal equipment,
intelligent
transportation
systems,
landscaping,
and
structural.
The
CONSULTANT will provide an inspector with project-specific experience of no
less than two prior projects of similar components.
The CONSULTANT will
submit the proposed inspector's resume and specialty project experience
information for review and consideration.
3.2.3
Inspect work in progress, finished work, and keep the Contractor informed of the
acceptability status of the work. If the CONSULTANT'S project personnel observe
or are aware of unsafe practices of site safety conditions that are patently
unacceptable and jeopardize the life and health of employees on the site, or the
public, and endanger property adjacent to the work site, the CONSULTANT will
immediately notify Contractor and the COUNTY of such unsafe conditions.
Nothing herein is intended to relieve the Contractor of his contractual
responsibility for safety on the project or to make the CONSULTANT responsible
for Contractor safety procedures.
3.2.4
The CONSULTANT shall inspect material stored on-site to verify it is stored
properly to prevent damage to the material.
3.2.5
The CONSULTANT shall complete photographic coverage of the project before
and after construction is not required; however, periodic photographic coverage
of the site during construction and for the prosecution of construction milestones
is mandatory.
At a minimum, photographs must be accompanied with the
following details: the calendar date, the time of day, the cardinal direction of the
photo, and a brief description of the photograph's content. Critical developments
or conditions during construction will be photographed and inciuded in the
inspection record, which will include but not be limited to flood damage,
accidents, substandard work, structural failure, or any other instance that is
deemed pertinent by the Inspector.
3.2.6
The CONSULTANT shall perform thorough inspections before terminal
operations, such as backfilling, concrete pours, asphalt paving, and pipeline
testing and inspecting. All corrective orders to the Contractor will be made in
writing and corrective actions documented within the inspection record.
3.2.7
The CONSUL TANT will maintain close contact with the Contractor and keep
continuously aware of the current schedule. The CONSULTANT will keep the
Page 11 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD2863661B
Contractor aware of the inspection and testing requirements and the effect these
have on scheduled work to avoid delays and misunderstandings.
3.2.8
In support of the Materials Sampling and Testing Plan, the CONSULTANT shall
perform the following Quality Assurance tasks:
•
All required field sampling and testing.
•
All laboratory testing required for aggregates, asphaltic concrete, and Portland
cement concrete samples.
• All sampling and testing of steel reinforcement incorporated into the Project in
accordance with the ADOT Materials Testing Manual - Series 900, Appendix C,
Table 5, and the Project Materials Testing Plan.
•
The transporting and delivery of laboratory samples from the project site to
the CONSULTANT-designated laboratory.
•
Furnish all necessary field and laboratory sampling containers.
•
Review for conformance all Certificates of Compliance and/or Certificates of
Analysis provided by the contractor.
COUNTY personnel will perform the Independent Assurance sampling and testing
of materials incorporated into the project at the required frequency outlined within
the Materials Sampling and Testing Plan.
3.2.9
The CONSULTANT staffing will include a Qualified Hot Plant Inspector at the
plant throughout asphaltic concrete production to ensure asphalt mixing is in
conformance with all applicable specifications and standard industry practices.
3.2.10
All project field testing, laboratory testing, material reports, and test data
generated under the CONSULTANT's direct supervision will be reviewed and
signed by a Professional Engineer registered in the State of Arizona and
incorporated into the Project Closeout.
3.2.11
At least eighty percent (80%) of the CONSULTANT'S inspection team will meet
the following requirements:
• Engineer-in-Training certified by the State of Arizona with two years of roadway
construction
experience,
acceptable
to
the
COUNTY.
• An individual with three years of roadway experience, acceptable to the
COUNTY, and a Bachelor of Science Degree in Civil Engineering, Civil
Engineering
Technology
or
Construction
Management.
• An Engineering Technician in Civil Engineering Technology with five years of
roadway construction experience, acceptable to the COUNTY, with field
certifications recognized by the American Concrete Institute (ACI) and the
Arizona Technical Testing Institute (ATTI).
Page 12 of 14
Docuslgn Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
4.
PROJECT MONITOR
5.
6.
The COUNTY will assign a staff member to serve as the contact person for the
CONSUL TANT. The COUNTY representative will periodically visit the site to keep informed
of the job conditions and progress and may, from time to time, issue instructions or make
suggestions to facilitate the work. The COUNTY representative will not assume the duties
or responsibilities of the CONSULT ANT under this Contract. The COUNTY representative
will not perform any of the inspections before the final inspection and will not solve routine
problems for the CONSULTANT. Problems of an unusual nature will be referred to the
COUNTY representative, along with the CONSULTANT'S recommendation for solving the
problem. The assigned representative will be the CONSULT ANT'S primary contact. All
transactions with the COUNTY under this Contract will be conducted through and all
correspondence will be directed to the assigned representative.
CORRESPONDENCE AND REPORTS
In addition to project file requirements, the CONSULTANT will submit copies of all
correspondence with the Contractor to the COUNTY as soon as possible. Meeting minutes
will be transmitted to the COUNTY weekly. Reporting will be as detailed in Section 3.1.
DURATION OF CONTRACT AND PAYMENT FOR SERVICES
6.1
The performance period of each work assignment will extend from the date of the
Notice to Proceed to CONSULTANT, to One-hundred and eighty (180) calendar days
after final construction project acceptance. The term of each work assignment will
be extended by change order to correspond to any extensions to the construction
contract.
6.2
Whenever Contractor is prevented from working due to causes beyond its control,
the CONSULTANT'S presence at the job site may not be required with the same
frequency and/or duration as during construction activity.
Page 13 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD2863661B
7.
ADDITIONAL SERVICES
7.1
Following express written authorization by the COUNTY, the CONSULTANT will
provide job site construction administration services on an overtime basis, in
accordance with Exhibit B, Consultant's Fee Schedule.
7 .2
Constructability Review: Upon the COUNTY'S written request, the CONSUL TANT
will provide a constructability review of contract documents. Items to include, but
not be limited to:
•
Plan-in-hand inspection of the project site.
This on-site inspection will
include actual field conditions that may not be accurately depicted within
the Plans due to the date of planned development, omissions, or other
reasons. Note any conflicts not identified within the Plans.
•
Review the Special Provision wording for continuity as they relate to the
MAG Standard Specifications, the MCDOT Supplement to the MAG
Standards, and other Agency specifications (as applicable).
•
Note any missing bid items MCDOT normally incorporates, such as the
inclusion of items for Variable Message Boards and Uniformed Off-Duty
Officers.
•
Review and ensure that quantities on the Bid Schedule are in agreement
with both those on the Plan Quantity Summary Sheets and the Plan sheet
callouts.
•
Review and note any conflicting information between Plans, Special
Provisions,
MAG
Standards,
and
MCDOT Supplement
to
MAG.
Note if the Special Provisions and their Measurement and Payment
sections adequately address the scope of the work within each
CONTRACT bid item. Particular attention will be given to the "Remove
and Reconstruct" or "Relocate and Adjust" bid items.
•
Attend Comment Resolution or other meetings with COUNTY as r!lquired.
•
Assist MCDOT PM and Project Designer in preparation of the Addenda to
Advertisement for construction.
7.3
Post-construction activities will include the reconciliation of conditions in the IGA
between the COUNTY, the City of Peoria, the City of Glendale, and the City of El
Mirage as defined within the Agreement(s).
7.4
Inspection for early utility relocations is not anticipated under this contract.
7.5
The CONSULTANT may suggest other additional services that may be required,
upon written authorization by the COUNTY.
(END OF SCOPE OF WORK)
Page 14 of 14
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
EXHIBITB
CONSULTANT'S FEE PROPOSAL
CONTRACT NO. 2025-031
NORTHERN PARKWAY AGUAFRIA TO 103RD AVE
- CONSTRUCTION ADMINISTRATION
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
lnfenlx, LLC
6225 N 9th Place
Phoenix, AZ 85014
602-321-7965
October 1, 2025
Adam Brahm
Maricopa County Dept. of Transportation
2901 W. Durango Street, Phoenix, AZ 85009
Re:
Contact#:
2025-031
Contract Description Construction Administration and Inspection (CA&I) Services
Project No./Name:
TT0600 / Northern Parkway - Agua Fria to 103rd Ave
Dear Mr. Brahm:
Enclosed please find our cost proposal in the amount of $3,033,151.12 to provide construction
administration and inspection services on the above-listed project. The cost proposal includes the
following assumptions:
•
Notice to Proceed for CA&I services is anticipated for October 2025.
•
Construction is anticipated to start on December 2025 and end on November 2026 (12
months).
•
2 months of pre-construction and 3 months of closeout.
•
MCDOT will provide Survey and Lab Independent Assurance Testing.
Inf en ix proposes to manage the project with the following staff:
•
Carlos Lara, Sr. Resident Engineer - part time for the duration of the project.
•
Omayra Perez, Filed Office Supervisor - full time for the duration of the project.
•
Dustin Bonar, Project Supervisor - full time for the duration of the project.
•
Inspector/tester/sample runner - full time for the duration of the project to help with
electrical, concrete, traffic control, earthwork and AC.
•
Quality Testing will provide the Materials Engineer and Materials Coordinator part time for
mix design review, approval and lab management duties, as well as the Lab Testing.
•
Logan Simpson will provide environ.mental expertise and inspectors for the environmental
requirements on the contract as well as the Registered Landscape Architect.
WWW.INFENIX·CM.COM
Oocusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661 B
We are very grateful for this opportunity. Should you have questions regarding this
correspondence, please do not hesitate to contact me at luis.mota@infenix.com or 602-321-7965.
Sincerely,
Luis M. Mota
Chief Executive Manager
Cc: Carlos Lara, Jake Wolff
2
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
FEE PROPOSAL - TABLE A
CONSULTANT
COST PROPOSAL SUMMARY
CONSULTANT:
lnfcnlx, LLC
PROJECT NAME:
CA Ser\'lcu 170600 Norlhtrn Park,uy-Agua Rl1•tr to 103rd A,·c
DIRECT LABOR
Classifications
Man-Hours
Sr. Resident Eneinccr
1552
Resident Engineer
Proiect Suoervisor/Chief Inspector
2512
Field Office Manaeer
Field Office Assistant
Lead lnsoector
2112
Level 2 lnsnector - Mid Level
Level I h1S1iector - Entrv Level
2112
Consultant's Subtotal Direct Labor
Consultant's OH Rate (% of Direct Labor)
Consultant's Profit(% x (Direct Labor+ OH))
Consultant's Total Direct Labor
DIRECI' AND OUTSIDE EXPENSES
Description
UnltP1icc
Mileage
1(7100 miles 11er mo x 12 vehicle months)
$0.700
Office
Office (15 mos)
$8,000.00
Consultant's Total Direct & Outside Expenses
Cost Proposal Summary -Table A
Contract No.: 2025-031
Date:
10/1/2025
Hourly Rates
Labor Costs
$106.00
$164,512.00
$83.40
$209,500.80
$45.00
$63.80
$134,745.60
$30.00
$63,360.00
$572,118.40
131.40% _ __:$:;.;.7,;:..51:..,_, 7:....:6,;:..3•:.:..58=-
I 0% __
..:..$-'13_2.:.cc,3..c.8,;;,,;8._20'--
S 1,456,270.18
Quantity
Exoense Amount
85,200.00
$59,640.00
15.00
$120,000.00
$179,640.00
Page I of2
Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661 B
FEE PROPOSAL - TABLE A
CONSULTANT
COST PROPOSAL SUMMARY
SUDCONSULTANT(s)
Name ofSubconsultant
Task
Logan Simpson Design, Inc
Oualitv Testing LLC
HOR
Total Subconsultant(s)
Consultant's Total Direct Labor
$1,456,270.18
Consultant's Total Direct and Outside Expenses
S1,387,784.20
Total:
$2,844,054.38
Consultant's Totals of Direct Labor and
Direct and Outside Expenses
OPTIONAL TASK ALLOWANCES
TASK
ESTIMATED COST
Overtime {25%) lnfenix
TOTAL PROPOSED FEE
Total Cost
82,853.48
$400,169.29
$725,121.43
$1,208,144.20
$2,844,054.38
S189,096.74
$3,033,ISl.12
{/11c/11.<h'< ofConmltu/11 and Subcom11fla11t(s) total propowlfu.)
lnfenlx, LLC
Firm
Signature
Chief Executive Manager
Title
10/1/2025
Date
Rev I l/l9/I I /,Jc
Cost Proposal Summary - Tobie A
Page 2 of2
CONSULTANT NAME:
PROJECT NAME:
MAN-HOURS
PROJECT PERSONl'\'EL
Sr. Rei dent Engineer
Resident Eni;i11eer
Project Supervisor/Chiefinspeetor
Field Office Mun:iger
Field Office Msi~nl
Lc:id Inspector
Level 2 Inspector - Mid Level
Level I Inspector - Ent:y Level
TOTAL
FEEPROPOSAL-TABLEB
CONSULTANT/SUBCONSULTANT
SCHEDULED PROJECT MAN-HOURS
Infeni~LLC
CA Services TT0600 Northern Parkw:W - A!!lla River to_ 103rd Ave
D:ite:
10/1/2025
ESTIMATED MAN-HOURS
v~,
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
Y=I
Yew2
96
96
96
96
96
96
96
96
Y=3
80
so
80
Yearl
Ye:ir2
Year3
Year 1
Year 2
176
176
176
176
176
176
176
176
Year3
so
so
80
Ye:ir 1
Year2
Y=3
Yeor 1
Yeru-2
Ycar3
Year I
Ye:ir2
176
176
176
176
176
176
176
176
Ye:ir3
Yc:irl
Ycur2
Ycnr3
Year l
Yenr2
176
176
176
176
176
176
176
176
Ycar3
Y=l
Year2
Yenr3
Year 1
Yeat2
Ye.,r 3
784
784
784
624
624
624
624
624
SEP
OCT
96
96
176
176
176
176
176
176
624
624
Contract No.: 2025-031
NOV
DEC
TOTALS
so
80
96
96
1552
so
80
176
176
2512
176
176
2112
176
176
2112
784
784
S288
0 g
~
«S"
~
~
~
0
is q
"'
cl
0
"' ! g
... 8 t
'{'
CJ
~
0
"'
ill
~
~
CJ
CONSULTANT NAME:
PROJECT NAME:
DATE:
CONTR<\CT TASK/PHASE
PREBID
SITE VISIT
PLANS REVIEW
PRECONSTRUCTION CONFERENCE
TABLEC
CONSULTANT/SUBCONSULTANT
ESTIMATED MAN-HOURS AND DIRECT LABOR
lnfenix, LLC
CA Services TT0600 Northern Parkway -Agua River to 103rd Ave
10/1/2025
DIRECT LABOR CLASSIFICATIONS
Office
SRE
RE
Proj Sup
Mgr
Office
Lead Level 2 Level 1
$106.00
$83.40
$45.00 $63.80
$30.00
HR
HR
HR
HR
HR
HR
HR
HR
160
160
HR
PROJECT ADMINISTRATION & INSPECTION
I 152
2112
2112
2112
CLOSE-OUT
240
240
ANOTHER TASK/PHASE
TOTAL
1552
2512
2112
2112
CONTRACT: 2025-031
TOTAL
TOTAL
HR
MAN-HOURS
LABOR
320
$30,304.00
7488
$496,358.40
480
$45,456.00
8288
$572,118.40
Maricopa County Department of Transportation
Contracts Templates\Table C- Est Man Hrs Direct Labor
i5'
2
00
<3"
~
~
~
0
1l a
"'
....
0
~ ! g
.i,.
g;
w
)>
\:
""
io
S;
~
"'
a,
~
~
ro
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
OVERTIME RATE DESIGNATION - TABLED
CONSULTANT
COST PROPOSAL SUMMARY
CONSULTANT:
lnfenix LLC
CONTRACT 1' 2025-031
PROJECT NAME:
CA Services TT0600 Northern Parkway - Agua River to 103rd Ave
DIRECT LABOR
--~'CJas~ifi~atiOiiS. --. :
'.
- ' __ . -
.,
___ ,
,_:
-----
. '_-_ :· . .
'
'·
'"-. :_._
-.•
.
·-
,·'
-
''
;·_
,'
'
Hou.-Jy Rates '·_
-' --, -OT--FaCt9i·/ _ -
-.- _ OT.Rate . · :· __
Sr. Resident Engineer
$106.00
1.0
$!06.00
Resident Engineer
$0.00
1.0
$0.00
Project Supervisor/Chief Inspector
$83.40
1.5
$125.IO
Field Office Manager
$0.00
1.5
$0.00
Field Office Assistant
$45,00
1.5
$67.50
Lead Inspector
$63.80
1.5
$95.70
Level 2 Inspector - Mid Level
$0.00
1.5
$0,00
Level 1 Inspector - Entry Level
$30,00
1.5
$45.00
0
$0.00
1.5
$0,00
0
$0.00
1.5
$0.00
Overtime allowance will be provided separately by MCDOT and will require approval by the MCDOT Project Manager
prior to use.
Overhead and profit will be applied to the base OT rate for actual hours worked over 40 in a single week.
Infenix) LLC
Firm
Signature
Chief Executive Manager
Title
10/1/2025
Date
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD28636618
CONSULTANT:
PROJECT NAME:
OVERTIME
Sr. Resident Engineer
Resident Engineer
Project Supervisor/Chief Inspector
Field Office Manager
Field Office Assistant
Lead Inspector
Level 2 Inspector - Mid Level
Level 1 Inspector - Entry Level
0
0
lnfenix, LLC
CA Services TT0600 No1·thtrn Parkway~ Agun Ri\'el' to 103rd Ave
25%
Hours
OT Hrs
OT Rate
0
0
$106.00
0
0
$0.00
0
0
$125.10
0
0
$0.00
0
0
$67.50
2112
528
$95.70
0
0
$0.00
2112
528
$45.00
0
0
$0.00
0
0
$0.00
SubTotal
OH
131.40%
Fee
10%
Infenix Total
HDROT
QTOT
Total OT
Amount
$0.00
$0.00
$0.00
$0.00
$0.00
$50,529.60
$0.00
$23,760.00
$0.00
$0.00
$74,289.60
$97,616.53
$17,190.61
$189,096.74
$0.00
$0.00
$189,096.74
Date:
l0/1/2025
Contrnct No.: 202~-031
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD2863661B
CONSULTANT:
PROJECT NAME:
OFFICE COST
Office Rent
Office Alarm
APS Power
Water
Drinking Water
Janitor Service
Office Supplies
Copier/Scanner
Internet
Infcnix, LLC
CA Services TT0600 Northern Parkway - Agua River
to 103l'd Ave
$4,500.00 month
$100.00 month
$500.00 month
$150.00 month
$100.00 month
$300.00 month
$550.00 month
$1,500.00 month
$300.00 month
$8,000.00
Contract No.: 2025-031
Date:
10/1/2025
The monthly rates listed above are assumed. MCDOT will be only billed for actual costs based
on Invoices and/or executed third-party agreements. If the monthly rate for the project office
increases greater than 15% of the above-listed rate, then a revised breakdown will be provided
to the MCDOT Project Monitor for concurrence prior to monthly billings.
Docusign Envelope ID: 27002184-1E06-4803-A345-82AD2863661B
hdrlnc.com
September 23, 2025
Carlos Lara, PE
Senior Resident Engineer
lnfenix, LLC
6225 North 9th Place
Phoenix, AZ 85014
Subject:
MCDOT Contract 2025-031
TT0600, Northern Parkway (Agua Fria River to 103rd Ave.) - Const. Admin.
HDR Fee Proposal Package
Revision No.3
Dear Mr. Lara,
HOR Construction Control Corporation (HOR) is very excited to be on the lnfenix, LLC (lnfenix) team and for the
opportunity to continue supporting the Maricopa County Department of Transportation (MCDOT) in providing
Construction Administration on the TT0600, Northern Parkway (Agua Fria River to 103rd Avenue) project.
Attached please find HDR's Revision No.3 to the fee proposal package that was prepared based on
communication with lnfenix on 09/23/25 and the following assumptions:
1. Performance Period - 15 months (2-preconstruction, 12-construction, 3-closeout).
2. Field Office Manager - PT during the preconstruction and closeout phases and FT during the
construction phase (2,552 hours).
3.
Lead Inspector (electrical) - FT for 8 months during construction phase (1,408 hours).
4.
Level 2 Inspector - FT for 12-months during construction phase and no involvement during pre-
construction and closeout phases (2,112 hours).
5.
Assumed 22 working days per month.
6.
Pre-Construction activities - are planned to start November 2025.
7.
Construction activities - are planned to start January 2026.
8. Certified payroll - sent directly to MCDOT Procurement on 08/22/25.
9. The HOR team will work under the direction of the lnfenix's Sr. Resident Engineer.
10. HOR scope does not include:
a. All printing and copying, including project closeout documents, are not Included and are to
be performed at the field office or another location per lnfenix's direction.
b.
Field office and field office supplies/consumables.
c.
Laboratory facility or laboratory materials testing services.
d. Construction staking and layout or quality assurance survey verification.
e. Required construction permitting.
f.
Resident Engineering services.
g.
Support for review of construction claims or associated dispute resolution.
h. Any warranty reviews, warranty claims, or warranty resolution.
I.
Coordination with 3rd party agencies.
20 East Thomas Road, Suite 2500, Phoenix, Al. 85012
rJ1a,fu, S&i/4
09/23/2025
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
Contract No. 2025·031
TT0600, Northern Parkway {Agua Fria River to 103'~ Ave.)- Construction Administration
HDR's Fee Proposal
Revision No.1
09/23/25
Page 2 of 2
j.
Responses to RF ls or Submittals.
k.
HDR is not in control of or have charge of, and will not be responsible for, construction
means, methods, techniques, sequences, procedures of construction, health or safety
programs or precautions connected with the work.
I.
The
construction
contractor shall
maintain
responsibility for development and
implementation of the job site safety and their plan for all construction activities and shall
retain liability for compliance with the plan.
Again, we appreciate the opportunity to work with lnfenix and MCDOT and please do not hesitate to contact
me at 520.275.8404 or Maher.Salah@hdrinc.com should you have any questions or require additional
information.
Sincerely,
HDR Construction Control Corporation
711ak Sala/4
Maher Salah, PE
Senior Vice President/ Area Field Office Principal
Enclosures:
Fee Proposal
Overtime Rate Designation Form
Insurance Certificates
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
FEE PROPOSAL· TABLE A
SUBCONSULTANT
COST PROPOSAL SUMMARY
CONSULTANT:
HDR Construction Control Corporation
CONTRACT NO.:
2025-031
-------
PROJECT NAME TT0600, Northern Parkway (Agua Fria to 103rd Avenue)
DIRECT LABOR
Classifications
Man-hours
Hourly Rates
Labor Costs
Field Office Manager
2,552
$45.15
$115,222.80
Lead Inspector
1,408
$44.50
$62,656.00
Level 2 Inspector - Mid Level
2,112
$45.00
$95,040.00
Level 1 Inspector - Entry Level
0
$37.85
$0.00
Project Manager
19
$126.33
$2,400.27
Project Administrator
34
$65.65
$2,232.10
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL HOURS:
6,125
$0.00
Consultants Subtotal Direct Labor
$277,551.17
Consultant's Overhead@ 127.4345% Direct Labor
Consultant's Profit @10% of (Direct Labor + Overhead)
127.4345%
$353,695.95
-----'---'---
10.00 %
$63,124.71
----------
Consultant's Total Direct Labor
DIRECT AND OUTSIDE EXPENSES
Description
Assumptions: MIieage@ $0.70/mi!e (or current GSA rate), 22 working days/month
Project Preconstruction - 2 months; Construction - 12 months; closeout- 3 months, total 15 months
Mileage Assumptions {Const): (2 x 21 miles RT commute HOR office-project+ 20 miles project= 62 m!les/day
Mileage Assump. (Const): 2 trucks@ 12-rnonths each+ 1 truck@ 8-monlhs each= 43,648 miles
Mileage Assump. (Pre & Closeout): 1 truck, 5-mths(20 wks)@1 trip/v.ieek HDR/MCDOT@14 mi!es/trip=280 mile
Printing/Copying - to performed at the Fleld Office
Consultant's Total Direct and Outside Expenses
~Sda/4
09/23/2025
$694,371.83
Expense Amount
$30,553.60
$196.00
$0.00
$30,749.60
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
Name
n/a
FEE PROPOSAL· TABLE A
SUBCONSUL TANT
COST PROPOSAL SUMMARY
Task
n/a
Total Cost
nla
Total Subconsultant(s) _____
$.;..O;.;..o.;..o;.;._ ___
_
Consultant's Total Direct Labor
$694,371.83
______ ...;..._'---
Consultant's Total Direct and Outside Expenses ______
....,;$_3.;.0,:.;.7..;.49.;... __ 6_0
Total ______
$.;..7.;;2;;;5.;.., 1.;;;2.;..1 ·--43.;..
Consultant's Totals of Direct Labor and Direct and Outside Expenses ___
..;$;,;,7.=2;;,5,:.;1.=2.;..1 ·--4;;,3 __ _
TOTALPROPOSEDFEE ___
$.;..7.;;2.;..5,--12.;..1;.;..4.;..3;._ __
(Inclusive of Consultant and Subconsu/lant[s] total proposed fee)
HDR Construction Control Corporation
Firm
Signature
Senior Vice President
Title
912312025
Date
CONSUL TANT/SUBCONSUL TANT
SCHEDULED PROJECT MAN-HOURS (WORK ASSIGNMENT N0.5)
CONSUL TANT/SUBCONSUL TANT NAME: HDR Construction Control Corporation
CONTRACT NO.:
-·-·
2025--031
PROJECT NAME:
TT0600, Northern Parkway (Agua Fria to 103rd Avenue)
DATE:
9/23/2025
ESTIMATED MAN-HOURS
YEAR
2025
PROJECT PERSONNEL
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
Field Office Manager
88
88
Lead Inspector
Level 2 Inspector- Mid Level
Level 1 Inspector - Entry Level
Project Manager
2
1
Project Administrator
2
2
PHASE
PreConst
PreConst
YEAR
2026
PROJECT PERSONNEL
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
Field Office Manager
176
176
176
176
176
176
176
176
176
176
176
176
Lead Inspector
176
176
176
176
176
176
176
176
Level 2 Inspector - Mid Level
176
176
176
176
176
176
176
176
176
176
176
176
Level 1 Inspector - Entry Level
Project Manager
1
1
1
1
1
1
1
1
1
1
1
1
Project Administrator
2
2
2
2
2
2
2
2
2
2
2
2
PHASE
Conct1
Con~t2
Const3
Const4
ConstS
Con5t6
Cons\7
Const8
Const9
Const10
Const11
Const12
YEAR
2027
PROJECT PERSONNEL
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
Field Office Manager
88
88
88
Lead Inspector
Level 2 Inspector• Mid Level
Level 1 Inspector• Entry Level
-
Project Manager
1
1
2
Project Administrator
2
2
2
PHASE
Closeout1 Closeout2 Closeout3
TOTAL HRS/MONTH
446
446
447
355
531
531
531
531
531
531
623
622
TOTALS
176
0
0
0
3
4
183
TOTALS
2,112
1,408
2,112
0
12
24
5,668
TOTALS
264
0
0
0
4
6
274
6,125
711,z,fu, Sa&l
09/23/2025
0
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CONSULTANT/SUBCONSULTANT NAME: HOR Construction Control Corporation
PROJECT NAME: TT0600, Northern Parkway (Agua Fria to 103rd Avenue)
DATE:
9/23/2025
CONTRACT NO:
2025-031
DIRECT LABOR CLASSIFICATIONS
CONTRACT
$45.15
$44.50
$45.00
$37.85
$126.33
TASK/PHASE
I· Lead
Level 2
Level 1
Project
FOM
Inspector Inspector
Inspector
Manager
PreConstruction
176
0
0
0
3
Construction
2,112
1,408
2,112
0
12
WA Closeout
264
0
0
0
4
2,552
1,408
2,112
0
19
$65.65
Proj.
Admin.
4
24
6
34
6,125
Labor
Class
Labor
Labor
Class
Class
711a,{,u, Sa!a/4
09/23/2025
Labor
Class
.
TOTAL
Man-hours
TOTAL Labor
183
$
8,587.99
5,668
·
$
256,144.36
274
$
12,818.82
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
0
$
-
$
-
6,125
$
277,551.17
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Docusign Envelope ID: 27002184-1E06-4803-A345-82AD28636618
OVERTIME RATE DESIGNATION - TABLED
SUBCONSULTANT
COST PROPOSAL SUMMARY
SUBCONSULTANT: HDR Construction Control Corporation
CONTRACT NO.:2025-031
PROJECT NAME· TT0600 Northern Parkwav /AeuaFria to 103rd Avenue)
.
DIRECT LABOR
Classifications
Hourly Rates
OT Factor
OT Rate
Field Office Manager
$45.15
l
$45.15
Lead Inspector
$44.50
I
$44.50
Level 2 Inspector - Mid Level
$45.00
I
$45.00
Level I Inspector - Entry Level
$37.85
I
$37.85
Project Manager
$126.33
1
$126.33
Project Administrator
$65.65
1
$65.65
OT allowance will be provided separately by MCDOT and will require approval by the MCDOT Project
Manager prior to use.
Overhead and profit will be applied to the base OT rate for actual hours worked over 40 in a single week.
HDR Construction Control Corporation
Firm ~Sda/4
Signature
Senior Vice President
Title
09/23/2025
Date
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD28636618
FEE PROPOSAL - TABLE A
SUBCONSULTANT
COST PROPOSAL SUMMARY
SUBCONSULTANT: Logan Simpson Design Inc.
CONTRACT NO.:2025-031
PROJECT NAME: Northern Avenue (Agua Fria to 103 rd Avenue)
DIRECT LABOR
Classifications
Man-houl's
Houl'ly Rates
Labol' Costs
Registered Landscape Architect-Sr
416
$47.50
$19,760.00
Environmental Planner
208
$40.75
$8,476.00
Subconsultant's Subtotal Direct Labor
$
28,236.00
Subconsultant's Overhead@
155.33% of Direct Labor
$ ___
.24"-'3 "'85,,,8"".9'-"8
Subconsultant's Profit@ lQo/o of Direct Labor+ Overhead
$ ___
--'-'7.,,,20~9ee,5""'0
Subcousultant's Total Dil'ect Labol'
$ ____
.J.7.z.9.e3c,,014,:,.4,,8
DIRECT AND OUTSIDE EXPENSES
DESCRIPTION
EXPENSE AMOUNT
Mileage - I trip/wk x 52 weeks x 65 miles/round trip (Senior Landscape
Architect= 3,380 miles x $0.70
$2,366.00
Mileage= I trip/wk x 26 weeks x 65 miles/round trip (Environmental
Planner) = 1,690 miles x $0.70
$1,183.00
Subconsultant's Total of Direct and Outside Expenses
$
3,549.00
Subconsultant's Total Direct Labor
$, _____
7Lc9"3"'0"'4'-'.4=8
SUBCONSULTANT'S TOTAL PROPOSED FEE
$ ____
~8~2~8~53~·=48
Logan Simpson Design Inc.
Firm
Signature
Princi al
Title
8127/25
Date
Cost Proposal Summary (Subconsultant)
Maricopa County Depaiiment of Transportation
Page 3 of3
FEE PROPOSAL -TABLE B
CONSULTANT/SUBCONSUL TANT
SCHEDULED PROJECT MAN-HOURS
CONSULTANT/SUBCONSULTANT NAME: Logan Simpson Design Inc.
PROJECT NAME: TT0G00, Northern Parkway (Agua Fria to 103rd Avenue)
DATE: 8/27/25
MAN-HOURS
ESTIMATED MAN-HOURS
PROJECT PERSONNEL
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
Reaistered Landscape Architect-Sr.
35
35
35
35
35
35
35
35
35
Environmental Planner
21
21
19
17
17
17
17
15
15
TOTAL
56
56
54
52
52
52
52
50
50
M,,-,copa Co.,.-.,,,. D,,paccm ""tor T,,,,.,~por<<>"o"
CONTRACT NO: 2025-031
OCT
NOV
DEC
TOTALS
35
35
31
416
15
17
17
208
50
52
48
624
Page __ of __
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TABLE C
CONSUL TANT/SUBCONSULTANT
ESTIMATED MAN-HOURS AND DIRECT LABOR
CONSULTANT/SUBCONSULTANT NAME: Logan Simpson Design Inc.
PROJECT NAME: TT0600, Northern Parkway (Agua Fria to 103rd Avenue)
DATE: 8/27/25
DIRECT LABOR CLASSIFICATIONS
Registered Landscape
CONTRACT TASK/PHASE
Architect..Sr.
Environmental Planner
($47.50/HR)
($40.75/HR)
(S/HR)
($/HR)
($/HR)
($/HR)
Landscaoe Architecture
416
Environmental Plannin0SWPPP
208
Morlcopo Covnty De p,>rcm ont or T ,,. n ~poet<>t•O"
Contract No.: 2025-031
TOTAL
TOTAL
($/HR)
(S/HR)
MAN-HOURS
LABOR
416
$19.760.00
208
$8,476.00
$28.236.00
PAGE __ OF __
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Docusign Envelope ID: 27002184-1E06-4803-A345-82AD28636618
OVERTIME RATE DESIGNATION - TABLED
SUBCONSULTANT
COST PROPOSAL SUMMARY
SUBCONSULTANT: Logan Simpson Design Inc.
CONTRACT NO.: 2025-031
PROJECT NAME: Northern Avenue (Agua Fria to 103'' Avenue)
DIRECT LABOR
Classifications
Houl'ly Rates
OT Factol'
OT Rate
Senior Landscape Architect
$47.50
0
$47.50
Environmental Planner
$40.75
0
$40.75
OT allowance will be provided separately by MCDOT and will require approval by the MCDOT Project
Manager prior to use.
Overhead and profit will be applied to the base OT rate for actual hours worked over 40 in a single week.
Logan Simpson
Signature
Princi al
Title
8/27/25
Date
Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661 B
CIVIL ENGINEERING PROJECT SERVICES
Materials Ttsti11g / ln.spectia11 / Camplianu Documentation
Construction Administration f Quality Programs
Geatechnlcal Services / Pavement Des/011
We Make Quality Our Business
Carlos Lara
lnfenix, LLC
August 25, 2025
Re:
MCDOT Contract 2025-031
Tt0600 Northern Parkway Agua Fria River to 103rd Ave - Construction Administration
Quality Testing, LLC- Cost Proposal
Dear Mr. Lara:
Quality Testing, LLC (QT) is hereby submitting our initial cost proposal for the above-referenced contract.
Included behind this cover letter you will find:
•
Table A Subconsultant Cost Proposal Summary showing QT's Direct Labor Rates and Direct
Expenses.
•
Table B Subconsultant Scheduled Project Manhours showing the estimated man-hours for all
labor positions for the duration of the project.
•
Table C Subconsultant Estimated Man-Hours and Direct Labor showing the total estimated man-
hours and the direct cost for each labor position.
•
Table D Subconsultant Overtime Rate Designation showing the overtime rate for each labor
position. Currently, QT does not foresee needing overtime for any of our positions. If required,
overtime will only be incurred after approval by MCDOT.
•
Laboratory Testing Estimate showing the estimated number of lab tests required per the provided
approved Material Sample Checklist. The lab testing estimate total has been transferred to Table
A. Lab testing is billed on a unit per test basis, not by the direct labor hours.
The following items are being submitted to MCDOT directly:
•
Certified Payroll showing the derivation of QT's Direct Labor Rates.
•
2023 ADOT Overhead Audit. This is the most recent Independent Auditor's Report and applies to
QT's 2023 fiscal year overhead. In addition, I am including our internal overhead adjustment
calculation that accounts for direct costs that are not in overhead and are not otherwise directly
compensated, as determined by our CFO.
I will follow up with our insurance certificates as soon as I receive them. Please let me know if anything
further is required of QT at this time.
Thank you.
Sincerely,
Jeffery M. Schaper, PE
President
QT
QT I 175 S. Hamil/on Pl., f31dg. 6, Suite 114 I Gilbed, AZ 85233 I o 480.496.2000 I f /480.'196.2001 I qi oz.com
Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661 B
FEE PROPOSAL - TABLE A
SUBCONSULTANT
COST PROPOSAL SUMMARY
SUBCONSULTANT: QUALITY TESTING, LLC
CONTRACT NO.: 2025-031
PROJECT NAME: TT0600NORTHERN PARKWAY AGUA FRJA RIVER TO 103RD AVE
DIRECT LABOR
Classifications
Man-hours
Hourly Rates
QA/Materials Engineer
208
$88.00
Materials Coordinator
1480
$44.00
Lead Inspector (Traffic Control)
208
$50.00
Materials Testing Technician
0
$35.14
Subconsultant's Subtotal Direct Labor
Subconsultant's Overhead @
Subconsultant's Profit @
160.27% of Direct Labor
1 0 .00% of Direct Labor + Overhead
Labor Costs
$18,304.00
$65,120.00
$10,400.00
$0.00
$93,824.00 __
_
$150,371.72 __
_
$24,419.57 _
_
_
Subconsultant's Total Direct Labor
$268,615.29 ___ _
DIRECT AND OUTSIDE EXPENSES
DESCRIPTION
EXPENSE AMOUNT
Vehicle Mileage (QA Engineer) - 2080 miles @ $0.70 oer mile
$1,456.00
Vehicle Mileage (Material Coordinator) - 4160 miles <al $0.70 per mile
$2,912.00
Vehicle Mileage (Lead TC Inspector) - 4160 miles <al $0.70 per mile
$2,912.00
Laboratory Testing (Laboratory Breakdown Attached)
$124.274.00
Subconsultant's Total of Direct and Outside Expenses
$131,554.00 ___ _
Title
8/25/2025
Date
Subconsultant's Total Direct Labor
$268,615.29 _ __ _
SUBCONSULTANT'S TOTAL PROPOSED FEE
$400,169.29 ___
_
Cost Proposal Summary ( Optional Tasks)
Maricopa County Department of Transportation
Page 3 of3
FEE PROPOSAL - TABLE B
CONSUL TANT/SUBCONSUL TANT
SCHEDULED PROJECT MAN-HOURS
CONSULTANT/SUBCONSULTANT NAME:
QualityTesting, LLC
PROJECT NAME:
TT0600 Northern Parkway Agua Fri a River to 103rd Ave
DA TE:
8/25/2025
MAN-HOURS
ESTIMATED MAN-HOURS (2025)
PROJECT PERSONNEL
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
QNMaterials Engineer
Materials Coordinator
Lead Construction Inspector
Materials Testino Technician
TOTAL
Maricopa County Department of Transportation
CONTRACT NO:
2025-031
2025
OCT
NOV
DEC
TOTALS
0
0
80
80
160
0
0
0
0
80
80
160
Page_l_of~
Contract Templates\Table B - Sch Proj ManHrs
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FEE PROPOSAL-TABLE B
CONSUL TANT/SUBCONSUL TANT
SCHEDULED PROJECT MAN-HOURS
CONSULTANT/SUBCONSULTANT NAME:
QualityTesting, LLC
PROJECT NAME:
TT0600 Northern Parkway Agua Fri a River to 103rd Ave
DATE:
8/25/2025
MAN-HOURS
ESTIMATED MAN-HOURS (2026)
PROJECT PERSONNEL
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
QNMaterials Enaineer
16
20
16
20
16
20
16
20
16
Materials Coordinator
90
90
90
90
90
90
90
90
90
Lead Construction Inspector
16
20
16
20
16
20
16
20
16
Materials Testina Technician
0
0
0
0
0
0
0
0
0
TOTAL
122
130
122
130
122
130
122
130
122
Maricopa County Department of Transportation
CONTRACT NO:
2025-031
2026
OCT
NOV
DEC
TOTALS
16
16
16
208
90
90
90
1080
16
16
16
208
0
0
0
0
122
122
122
1496
Page~of2._
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FEE PROPOSAL - TABLE B
CONSUL TANT/SUBCONSUL TANT
SCHEDULED PROJECT MAN-HOURS
CONSULTANT/SUBCONSULTANT NAME:
QualityTesting, LLC
PROJECT NAME:
TT0600 Northern Parkway Agua Fria Riverto 103rd Ave
DATE:
8/25/2025
MAN-HOURS
ESTIMATED MAN-HOURS (2027)
PROJECT PERSONNEL
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
QA/Materials Engineer
0
0
0
Materials Coordinator
80
80
80
Lead Construction Inspector
0
0
0
Materials Testinq Technician
0
0
0
TOTAL
80
80
160
Maricopa County Department of Transportation
CONTRACT NO:
2025-031
2027
OCT
NOV
DEC
TOTALS
0
240
0
0
240
Page2-_of~
Contract Templates\Table B - Sch Proj ManHrs
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TABLE C
CONSUL TANT/SUBCONSUL TANT
ESTIMATED MAN-HOURS AND DIRECT LABOR
CONSULTANT/SUBCONSULTANT NAME:
QualitvTesting, LLC
-~-~-~~------------
Contract No.:
2025-031
PROJECT NAME:
TT0600 Northern Pway Agua Fri a River to 103rd Ave
DATE:
8/25/2025
DIRECT LABOR CLASSIFICATIONS
TOTAL
TOTAL
CONTRACT TASK/PHASE
QA Engineer
MatJ's Coord.
Lead Inspector
Testing Tech
S88.00
$44.00
$50.00
$35.14
MAN-HOURS
LABOR
Pre-Construction
0
160
0
0
160
$7.040.00
Construction
208
1080
208
0
1496
$76.224.00
Post-Construction
0
240
0
0
240
$10,560.00
Totals
208
1480
208
0
1896
$93,824.00
PAGE_l_OF_l_
Maricopa County Department of Transportation
Contracts Templates\Table C - Est Man Hrs Direct Labor
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Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
OVERTIME RATE DESIGNATION - TABLED
SUBCONSULTANT
COST PROPOSAL SUMMARY
SUBCONSUL TANT:
Quality Testing, LLC
CONTRACT NO.: 2025-031
PROJECT NAME:
TT0600 Northern Parkway Agua Fria River to l 03'' Ave
DIRECT LABOR
Classifications
Hourly Rates
OT Factor
OT Rate
QA Engineer
$88.00
1.00
$88.00
Material Coordinator
$44.00
1.50
$66.00
Lead Inspector
$50.00
1.50
$75.00
Materials Testing Technician
$35.14
1.50
$52.71
OT allowance will be provided separately by MCDOT and will require approval by the MCDOT Project
Manager prior to use.
Overhead and profit will be applied to the base OT rate for actual hours worked over 40 in a single week.
Quality Testing,Ji,LC
President
Title
8/25/2025
Date
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
Q
QUALITVTESTING, LLC
NORTHERN PARl<WAY (AGUA Fri a River to 103rd Ave)
► 175 S Hamilton Place
MC DOT PROJECT TT0600
;::; Bldg 6, Ste #114
o Gilbert, AZ 85233
LABORATORY TESTING ESTIMATE
~
(480) 496·2000
(Based on Provided Material Sample Checklist)
IWNI.Qt-az.com
UNIT
UNIT
MIN
EST
EXTENDED
RATE
QTY
QTY
AMOUNT
CQl:H,BEIE l!t:lll l:ll!SQt:18:1'. (t:IQI lt:ICLUlllt:IQ EIELll LADQBl
Est. Add
10%
301 Compressive Strength, Cytlndrlcol Specimen (ASTM C39, MSHTO T22)
Each
$
22.00
364
401
$
8,822.00
302 Flexural Beam Testing (ASTM C78, AASHTO T97)
Each
$
72.00
30 ] Obt oln Concrete Cores (ASTM C42, MSHTO T24)
Each
$
36.00
304 Trim Concret e Specimen
Eech
$
11.00
30S Masonry Grout Prisms, Compressive Strength (ASTM C1019)
Each
$
31.00
,.. Mortar Cubes, Compressive Strength (ASTM C109)
Each
$
31.00
307 Mortar Cylinders, Compressive Strength (ASTM C780)
Each
$
31.00
303 CMU, Net Area/Absorption (ASTM C 140)
Each
$
68.00
309 CMU, Compressive Strength (ASTM C140)
Each
$
58.00
310 CMU, Fu11Set(6CMU Totel)(ASTM C140)
Set
$
384.00
3 11 Masonry Prism, Grouted, Compressive Strength (ASTM C1314)
Each
$
132.00
312 Masonry Prism, Ungrouted, Compressive Strength (ASTM C1314, C140)
Each
$
132.00
313 Shotcreto Pono! Coro, Compressive Strength (ASTM C42, C39, MSHTO T22, T24)
Each
$
68.00
314 Concrete Floor Moisture Vapor Emission Reio
Each
$
42.00
315 Concrete Mix Design
Each
Quote
CONCRETE AND MASONRY SUBTOTAL $
8,822.00
SQIL t. l!!lGBEGl!IE (t:IQI lt:ICLl.llll t:IQ EIELll Ll!IIQB)
Est. Add
15%
,01 Bulk Density & Voids (ASTM C29, MSHTO T19)
Each
$
75.00
'°' Flakiness Index (ARIZ 233C)
Each
$
114.00
.(0) Flot & Elongated Particles In CA (ASTM 04791)
Each
$
134.00
.... Fractured Particles in CA (Fractured Feces) (ASTM 05821)
Each
$
116.00
7
9
$
1,044.00
,os Abrasion of Coarse Aggregate (LA) (ASTM C 131, AASHTO T96)
Each
$
270.00
406 Sulfate Soundness of Aggregates (ASTM C88, T104)
Each
$
384.00
407 Uncompacted Voids of Fine Aggregate (ASTM C1252, MSHTO T304)
Each
$
112.00
8
10
$
1,120.00
403 Moisture Determination (ASTM 02216, 0 4944, MSHTOT265, T217)
Each
$
22.00
(09 In-Situ Moisture/ Unit W t. (ring sampl e)(ASTM 02216, MSHTO T265)
Each
$
43.00
410 Plasticity Index, Ory P1ep (ASTM 04318, MSHTO T89, 190)
Each
$
120.00
411 Plasticity Index, Wet Prep (ASTM 04318, AASHTO T89, T90)
Each
$
140.00
48
56
$
7,840.00
412 Proctor, Modified (ASTM 0 1557, MSHTO T180)
Each
$
180.00
413 Proctor, Standard (ASTM D698, MSHTO T99)
Each
$
144.00
14
17
$
2,448.00
41' Proctor, Soil Cement Mixtures (ASTM 0558, MSHTO T134)
Each
$
180.00
41S Sand Equivalent (ASTM 0 2419, MSHTO T1 76)
Each
$
132.00
... Slave Analysis (ASTM C136, C117, MSHTOT27, T11)
Each
$
90,00
50
68
$
5,220.00
417 Specific Gravity/Absorption (Coarse Agg.)(ASTM C127, MSHTO T85)
Each
$
75.00
2
3
$
225.00
418 Speclnc Gravity/Absorption (Fine Agg.)(ASTM C 128, MSHTO T84)
Each
$
90.00
419 Specific Gravity of Soils (ASTM 0854, MSHTO TI 00)
Each
$
100.00
420 pH Determination (ASTM 02976, ARIZ 236)
Each
$
54.00
421 Resistivity Determination (ARIZ 236)
Each
$
68.00
422 Hydrometer Analysis (ASTM 0422, AASHTO T88)
Each
$
360.00
423 Shrinkage Factor (MSHTO T92)
Each
$
180.00
.,, Expansion Index (ASTM 04829)
Each
$
180.00
425 one Dimension at swalVSettlement (ASTM 04546)
Each
$
180.00
426 CaUfornla Bearing Ratio (CBR) (3 points) (ASTM 01883, MSHTO T1 93)
Each
$
720.00
427 Direct Shear Test (per polnt)(ASTM 03080, MSHTO 1236)
Each
$
113.00
.,. Unconfined Compressive Strength (ASTM 02166, MSHTO T208)
Each
$
113.00
429 One Dimanslonal Consolidation (ASTM 0 2435, AASHTO T216)
Each
$
180.00
430 Remolding SOIi Sample (ARIZ 249)
Each
$
46.00
431 Field Percolation Test
Each
Quota
"'
Clay l umps & Friable Particles In Aggregates (ASTM C142, MSHTOTl 12)
Each
$
115.00
.,. Collapse Potentiat of Soils (ASTM 053331
Each
$
180,00
434 Lightweight Pieces In Aggregate (ASTM C 123, MSHTO T11 3)
Each
$
180.00
43S T1iaxlal Shear Test (ASTM 07181/4767/2850, MSHTO T297/T296)
Each
Quote
43S Durability Index (ASTM 03744)
Each
Quote
437 Organic Impurities (ASTM C40)
Each
$
270.00
4
5
$
1,350.00
.,. Compressive Strength of CTB or Soil Cement Specimen (ARIZ 241 a)
Eech
$
113.00
20
23
$
2,599.00
SOIL & AGGREGATE SUBTOTAL $
2 1,846.00
Docusign Envelope ID: 27002184-1 E06-4803-A345-B2AD2863661 B
Q
QUALITYTESTING, LLC
NORTHERN PARl<WAY (AGUA Frla Rlverto 103rd Ave)
► 175 S Hamilton Place
MC DOT PROJECT TT0600
~
Bldg 6, Ste 1114
o
Gilbert, AZ 85233
LABORATORY TESTING ESTIMATE
~
(480) 496-2000
(Based on Provided Material Sample Checklist)
1w1W.qt-az.com
UNIT
MIN
EST
EXTENDED
UNIT
RATE
QTY
QTY
AMOUNT
ASel:!ALI l:lllHl!BES (l:lQI 11:lCLl!Dll:lG EIELQ LAQQB)
Est. Add
10%
001 Core Bulk Specific Gravity/Thickness (ASTM D2726, MSHTO Tl 66)
Each
$
24.00
108
119
$
2,856.00
002 Core BulkSpecllic Gravity/Thickness (Coated) (ASTM D1188, AASHTOT276)
Each
$
46.00
003 Drill AC Cores (up to 8" thickness)
Each
$
36.00
108
119
$
4,284.00
504 Ignition Oven• Calibration (per mix) (ASTM D6307, MSHTO 1308)
Each
$
740.00
4
6
$
3,700.00
505 Ignition Oven• Asphalt Cement Content (ASTM D6307, MSHTO 1308)
Each
$
150.00
85
94
$
14,100.00
606 Ignition Oven· Gradation (ASTM Cl 36, MSHTO 127)
Each
$
90.00
85
94
$
8,460.00
001 Marshall Specimen Bulk Density (ASTM D6926, D2726, MSHTO 1245)
Sotof3 $
180,00
7
8
$
1,440.00
60,l Marshall SleblUty & Flow (ASTM D6927)
Setof3 $
22.00
7
8
$
176.00
5()9 Maximum Spec Inc Gravity of HMA Mixture (ASTM D2041, 1209)
Setof3 $
186,00
85
94
$
17,484.00
510 Gyratory Compaction (ASTM D6925, D2726, MSHTO 1312, Tl 66)
Setor2 $
228.00
78
86
$
19,608.00
511 Nuclear Asphelt Content Gauge - Cellbretlon (ASTM D4125, T287)
Each
$
900.00
612 Moisture Induced Damage of HMA (TSR) (ASTM D4867, MSHTO 1283)
Setof6 $
660.00
613 Asphalt Concrete Mix Design
Each
Quote
.,. Quantitative Extraction of Hot Mix Asphalt (HMA)(ASTM D2172, AASHTO Tl 64)
Each
Quote
ASPHALT MIXTURES SUBTOTAL $
72,108.00
ASeHALI CEM rnr
Est.Add
5%
001 PG Verification (MSHTO M320)
Each
$
1,176.00
002 PG Classification (MSHTO R29)
Each
$
1,440.00
t<)) Dynamic Shear Rheometer (ASTM D7175, MSHTO 1315)
Each
$
276.00
15
16
$
4,416.00
504 Dynamic Shear Rheometer, Temp Sweep (ASTM D7175,AASHTOT315)
Each
$
360.00
w, Bending Beam Rheometer (ASTM D6648, MSHTOT313)
Each
$
360.00
5
6
$
2,160.00
... Bending Beam Rheometerwith RTFO/PAVAging
Each
$
720.00
001 Banding Saam with Physical Hardening (ASTM D6648, AASHTOT313)
Each
$
588.00
60a Rotational Viscosity (ASTM D4402, MSHTO T316)
Each
$
132.00
5
6
$
792.00
... Rotational Viscosity, (ASTM D2994, ASTM D4878/D5018)
Each
$
180.00
610 Rotational Viscosity, Temp Sweep 3 Points (ASTM D4402, MSHTO 1316)
Each
$
312.00
611 Rotational Viscosity, Temp Sweep 4 Points (ASTM D4402, MSHTOT316)
Each
$
360.00
612 Pressure Aging Vessel(ASTM 6521, MSHTO R28)
Each
$
276.00
5
6
$
1,656.00
613 Rolling Thin Film oven (ASTM D2872, MSHTO 1240)
Each
$
180.00
61' Rolling Thin Film OVen with Mass Loss (ASTM D2872, MSHTO 1240)
Each
$
228.00
5
6
$
1,368.00
61' Multiple Stress Creep Recovery (MSCR) (ASTM 7405, AASHTO 1350)
Each
$
540.00
616 Absolute Viscosity (1400F, 600C) (ASTM D2171, MSHTOT202)
Each
$
132.00
611 Klnematlc Viscosity (275°F, 135°C or 1400F, 608C)(ASTM D2170, MSHTO T201)
Each
$
180.00
618 Ductility of Bituminous Materials (ASTM DI 13, MSHTO T51)
Each
$
180.00
619 Elastic Recovery (ASTM D6084, MSHTO T301)
Each
$
180.00
620 Flash & Fire Point, Cleveland Open Cup, (ASTM D92,MSHTOT48)
Each
$
132.00
621 Flash & Fire Point, Cleveland Open Cup, co-polymer product (ASTM 092, MSHTO 148)
Each
$
180.00
622 flash & Fire Point, Tag Open Cup (ASTM D3143, AASHTO T79)
Each
$
132.00
623 Penetration (@Temperatures other than 77°F; 25°C) (ASTM D5, MSHTO T49)
Each
$
138.00
2
3
$
414.00
.,. Penetration (@77°F; 25°C) (ASTM 05, MSHTO T49)
Each
$
132.00
625 Penetration Grade (PG) Asphalt Verification (MSHTO M20)
Each
$
900.00
626 Softening Point of Bitumen (Ring & Ball) (ASTM D36, MSHTO 153)
Each
$
132.00
2
3
$
396.00
621 Specific Gravity of Binder (ASTM D70, AASHTO 1228)
Each
$
132.00
628 SoulublUly of Asphalt Materials In Trlctoroethytene (ASTM D2042, MSHTO T44)
Each
$
228.00
629 Weter In Petroleum Products (ASTM D95, MSHTOT55)
Each
$
360,00
ASPHALT CEMENT SUBTOTAL $
11,202.00
Docusign Envelope ID: 27002184-1E06-4803-A345-B2AD2863661B
Q
QUALITYTESTING, LLC
NORTHERN PARl<WAY (AGUA Frla River to 103rd Ave)
► 175 s Hamilton Place
MCDOT PROJECTTT0600
;:::; Bldg 6, Ste #114
o Gilbert, AZ 85233
LABO RA TORY TESTING ESTIMATE
~ (480) 496-2000
(Based on Provided Material Sample Checklist)
\W1w.qt-az.com
UNIT
UNIT
MIN
EST
EXTENDED
RATE
QTY
QTY
AMOUNT
ASeHALI BIJBBEB
Est. Add
Mb
650 Brookfield Viscosity (ASTM 02994 or ASTM 05018)
Each
$
180.00
651 Brookfield Viscosity Crock Sealant (ASTM 02196)
Each
$
228.00
652 Rotational Viscosity
Each
$
132.00
2
3
$
396.00
653 ResiUence (ASTM 05329)
Each
$
132.00
2
3
$
396.00
6 ... Specific Gravity of Crumb Rubber (ASTM 01817, CT208)
Each
$
276.00
655 Bulk Density of Crumb Rubber
Each
$
228.00
656 Rubber Gradation (ASTM C136)
Each
$
132.00
6>7 Haake Viscosity
Each
$
132.00
656 Cone Penetration (ASTM 05329, AASHTO 169)
Each
$
132.00
ASPHALT RUBBER SUBTOTAL $
792.00
EMULSIONS & CUTBACK ASeHALI
Est.Add
0%
701 Emulsion Verification, RS· 1, RS-2, SS· 1, SS-1 h (ASTM 0977, AASHTO M 140)
Each
$
1,356.00
702 Emulsion Verification, HFRS-2 (ASTM D977, AASHTO M140)
Each
$
1,356.00
70] Emulsion Verification, QS-1H (ASTM D977,AASHTO M140)
Each
$
1,260.00
704 Emulsion Verification, CRS-1, CRS-2, CSS-1, CSS-1 h (ASTM 02397, M208)
Each
$
1,356.00
705 EmulslonVerlficotlon, CQS·1h (ASTM D2397, AASHTO M208)
Each
$
1,260.00
705 Emulsion Verification, CQS· 1 h (MAG 713)
Each
$
1,356.00
707 Identification of Cationic Slow Setting Emulsion (MSHTO 159)
Each
$
180.00
703 Identification of Cationic Slow Setting Emulsion (AASHTO 159, Section 27)
Each
$
360.00
10, Emulsified AsphalVAggregate Coating (MSHTO 159)
Each
$
180.00
710 Residua by Evaporation (ASTM 0244, MSHTO 159)
Each
$
132.00
711 Residue by Evaporation (ASTM D2393, CT331)
Each
$
228.00
712 Residue by Evaporation, Low Temperature (ASTM 07497)
Each
$
360.00
713 Residue and Oil Distillate by Distillation (ASTM 0244, MSHTO 159)
Each
$
312.00
714 Vaccum Distillation of Modified Emulsion (ARIZ 504)
Each
$
276.00
715 Density of Emulsified Asphalt (ASTM 06637, MSHTO 159)
Each
$
180.00
716 Low Temperature Dls\il\atlon (ASTM D244, MSHTO T59)
Each
$
378.00
717 FloatTest(ASTM 0139)
Each
$
180.00
718 Distillate Fraction on Cutback (ASTM D402, AASHTO T78)
Each
$
408.00
710 Demulslblllty (ASTM 0244, MSHTO 159)
Each
$
180.00
720 Cement Mixing Test
Each
$
180.00
721 Coating (SE214) (MSHTO T59)
Each
$
96.00
722 High Float Emulsion Verlrlcation (ASTM D977, MSHTO M140)
Each
$
1,440.00
723 Particle Charge (ASTM D244, MSHTOT59)
Each
$
132.00
724 pH Determination
Each
$
132.00
725 Saybolt Fure\ Viscosity (ASTM 088, AASHTO 172)
Each
$
180.00
726 Settlement, 5-Day(ASTM D244, AASHTO 159)
Each
$
276.00
727 Sieve Test (ASTM D244, MSHTO 159)
Each
$
132.00
12a Storage Stablllly, 1-Day (ASTM 0244, MSHTOT59)
Each
$
228.00
729 Resistance to Water (ASTM D2939)
Eech
$
360.00
730 Resistance to Freezing (ASTM 02939)
Each
$
228.00
731 Resistance to Heat (ASTM 02939)
Each
$
360.00
732 Resistance to Kerosene (ASTM D2939)
Each
$
636.00
733 Freezing (ASTM 06929, AASHTO 159)
Each
$
228.00
734 Wet Track Abrasion, 1-Hour (ASTM D3910/ISSA TB 100)
Each
$
336.00
735 Wet Track Abrasion, 6-Day (ASTM 03910/ISSA TB 100)
Each
$
420.00
736 Monolayer Loaded Wheel Test (ISSA TB109)
Each
$
306.00
137 Wet Cohesion Test (ISSA TB 109)
Each
$
66.00
735 Extraction ror AC Content (AASHTO T164)
Each
$
360.00
EMULSIONS & CUTBACK ASPHALT SUBTOTAL $
QIH£B
Est.Add
10%
eoi Determination of 81\umlnous Distributer Truck Transverse Spread Rate (ARIZ 411)
Each
$
1,150.00
••o Tensile Strength of Rebar
Each
$
144.00
60
66
$
9,504.00
C60 Structural Steel Weld NDTTesting
$LSUM $
1.00
OTHER SUBTOTAL $
9,504.00
PROJECT GRAND TOTAL $
124,274.00