2021-045 TT0600 NORTHERN PARKWAY AGUA FRIA BRIDGE TO 99TH AVENUE CONTRACT.PDF
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Federal
CONSULTANT SERVICES CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
BURGESS & NIPLE, INC.
FOR
NORTHERN PARKWAY: AGUA FRIA BRIDGE TO 99TH AVENUE FINAL DESIGN
CONTRACT NO. 2021-045
TRACS NO. T0188 03D
FEDERAL AID NO. STBGP MMA-0(280)D
C-64-
Contract No. 2021-045
Page 2
CONSULTANT SERVICES
CONTRACT NO. 2021-045
TABLE OF CONTENTS
SECTION I SERVICES OF CONSULTANT ......................................................................................................... 5
SECTION II PERIOD OF SERVICE ................................................................................................................... 5
SECTION III PAYMENTS TO THE CONSULTANT ............................................................................................. 6
SECTION IV PROMT PAY LEGISLATION .......................................................................................................... 6
SECTION V DISPUTE ESCALATION ................................................................................................................. 7
SECTION VI ARBITRATION ........................................................................................................................... 8
SECTION VII COUNTY’S RESPONSIBILITIES .................................................................................................. 8
SECTION VIII ALTERATION IN SCOPE OF WORK........................................................................................... 9
SECTION IX RECORDS RETENTION, MAINTENANCE AND AUDIT ............................................................... 9
SECTION X PROJECT COMPLETION ............................................................................................................. 10
SECTION XI SUSPENSION OF WORK ............................................................................................................ 10
SECTION XII TERMINATION ...................................................................................................................... 10
SECTION XIII OWNERSHIP OF DATA ............................................................................................................. 10
SECTION XIV COMPLIANCE WITH LAWS ...................................................................................................... 11
SECTION XV GENERAL CONSIDERATIONS .................................................................................................. 12
SECTION XVI SUCCESSORS AND ASSIGNS ................................................................................................. 14
SECTION XVII NO KICK-BACK CERTIFICATION ........................................................................................... 14
SECTION XVIII ANTI-DISCRIMINATION PROVISION ..................................................................................... 14
SECTION XIX INDEMNIFICATION .................................................................................................................... 15
SECTION XX ANTI-TRUST VIOLATIONS ........................................................................................................ 15
Contract No. 2021-045
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SECTION XXI PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION ................................. 15
SECTION XXII IMPROPER EXERCISE OF AUTHORITY ................................................................................ 15
SECTION XXIII CONFLICTS OF INTEREST ..................................................................................................... 15
SECTION XXIV ORGANIZATION EMPLOYMENT DISCLAIMER .................................................................... 16
SECTION XXV FEDERAL DEBARMENT AND SUSPENSION ........................................................................ 16
SECTION XXVI SUBCONTRACTS ................................................................................................................... 17
SECTION XXVII CONTINUING OBLIGATION .................................................................................................. 17
SECTION XXVIII NAME CHANGE, MERGER, ACQUISITION, CONSOLIDATION AND/OR
TRANSFER OF OWNERSHIP ........................................................................................................................... 17
SECTION XXIX ANTI-LOBBYING ..................................................................................................................... 19
SECTION XXX FINAL/INCURRED COST AUDIT ............................................................................................. 19
SECTION XXXI REVIEW AND INSPECTIONS ................................................................................................. 20
SECTION XXXII PROPERTY OR EQUIPMENT ................................................................................................ 20
SECTION XXXIII NONDISCRIMINATION .......................................................................................................... 20
SECTION XXXIV AFFIRMATIVE ACTION (FOR FEDERAL-AID CONTRACTS) ............................................ 22
SECTION XXXV PROFESSIONAL SERVICES DBE PROVISIONS ................................................................ 23
SECTION XXXVI ENVIRONMENTAL PROTECTION ....................................................................................... 44
SECTION XXXVII ENERGY CONSERVATION ................................................................................................. 44
SECTION XXXVIII PATENTS AND COPYRIGHTS ........................................................................................... 44
SECTION XXXIX FRAUD AND FALSE STATEMENTS ................................................................................... 44
SECTION XL FEDERAL IMMIGRATION AND NATIONALITY ACT ................................................................ 45
SECTION XLI PANDEMIC CONTRACTUAL PERFORMANCE .................................................................. 47
Contract No. 2021-045
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SECTION XLII PERFORMANCE EVALUATIONS ....................................................................................... 47
SECTION XLIII CONTRACT COMPLETION .............................................................................................. 47
SECTION XLIV INFLUENCE ....................................................................................................................... 48
SECTION XLV INSURANCE REQUIREMENTS ......................................................................................... 48
SECTION XLVI TITLE VI .................................................................................................................................. 50
SECTION XLVII FORCE MAJEURE .................................................................................................................. 51
SIGNATURE PAGE ........................................................................................................................................... 52
ATTACHMENT 1 - CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS
PROMPT PAY AND PAYMENT REPORTING PROVISIONS
ATTACHMENT 2 - PROFESSIONAL SERIVCES LPA DBE SUBCONTRACT COMPLIANCE
ASSURANCES
ATTACHMENT 3 - APPENDIX C – PART 26 PARTICIPATION BY DBE IN DEPARTMENT OF
TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS (WITH PART 26 APPENDIX A –
GUIDANCE CONCERNING GOOD FAITH EFFORTS)
ATTACHMENT 4 - APPENDIX D – CONSULTANT EVALUATION PROGRAM GUIDELINES
ATTACHMENT 5 - TITLE VI ASSURANCES
ATTACHMENT 6 - DBE CONSULTANT INTENDED PARTICIPATION AFFIDAVIT
ATTACHMENT 7 - DBE SUBCONSULTANT INTENDED PARTICIPATION AFFIDAVIT
ATTACHMENT 8 - CONSULTANT CERTIFICATION OF GOOD FAITH EFFORTS
ATTACHMENT 9 – CERTIFICATE OF PAYMENTS TO DBE FIRMS
ATTACHMENT 10 – CERTIFICATE OF PERFORMANCE
ATTACHMENT 11 – CERTIFICATE OF INSURANCE
ATTACHMENT 12 – SBE PROGRAM PARTICIPATION REPORTING FORM
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – CONSULTANT’S FEE SCHEDULE
Contract No. 2021-045
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CONSULTANT SERVICES
CONTRACT NO. 2021-045
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. 2021-045,
Northern Parkway: Agua Fria Bridge to 99th Avenue, 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 Burgess & Niple, Inc., hereinafter called “CONSULTANT”, with its principal offices
located at 1500 North Priest Drive, Suite 102, Tempe, Arizona 85281, Telephone No. 602-244-
8100, subject to the following terms and conditions:
THEREFORE, the parties hereto mutually agree as follows:
SECTION I—SERVICES OF THE CONSULTANT
The CONSULTANT, under the general supervision of the COUNTY, Engineering 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 Engineering Division, Manager or
his duly authorized representative, hereinafter called the “Agent”. For purposes of this contract, the
Agent’s duly authorized representative shall be the Project Manager and he/she shall be the sole
contact for administering this contract.
The CONSULTANT shall meet periodically with the Agent so as to keep the COUNTY informed of
the progress of the work in accordance with the schedule defined in Exhibit A, Scope of Work.
The CONSULTANT shall promptly advise the Agent of any factors which develop during the
Project that would likely result in construction or design costs in excess of budgetary constraints.
SECTION II—PERIOD OF SERVICE
The CONSULTANT shall complete all work for Northern Parkway: Agua Fria Bridge to 99th
Avenue in accordance with the time requirements provided in Exhibit A, Section A, Scope of Work,
within One Thousand Eight Hundred Eighty-Eight (1888) Calendar Days after receipt of the
Notice to Proceed. Should extension of this contract period be necessary, and any such
extension(s) continue the date of contract performance for a time period of more than one (1) year
from the original date of contract expiration, adjustment(s) of the CONSULTANT’s fee(s) may,
upon agreement by both the COUNTY and the CONSULTANT, be made in accordance with the
Consumer Price Index for Urban Consumers, Western Division, published by the U.S. Department
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.
Contract No. 2021-045
Page 6
SECTION III—PAYMENTS TO THE CONSULTANT
The CONSULTANT shall be paid for work under this contract a Cost-Plus Fixed Fee Not to Exceed
(CPFF-NTE) amount of $2,863,721.00 plus a fee not-to-exceed $327,702.00 for optional tasks as
identified below and in accordance with the Scope of Work.
DESCRIPTION
TOTAL
Post Design Services (Construction Phase – B) $327,702.00
The CONSULTANT shall be paid for work under this contract in accordance with the Scope of
Work a Cost Plus Fixed Fee Not to Exceed (CPFF-NTE amount of Three Million One Hundred
Ninety One Thousand Four Hundred Twenty-Three Dollars and No Cents ($3,191,423.00),
plus any adjustments that have been approved in writing in accordance with the Maricopa County
Procurement Code. However, the COUNTY does not guarantee either a minimum or maximum
fee under this contract, and CONSULTANT, in accepting this contract, does not expect the
payment of either a minimum or maximum fee. For not-to-exceed contract payments will be made
for the actual hours worked and actual expenses incurred as provided in Exhibit B, Consultant’s
Fee Schedule.
The final invoice shall be paid to the CONSULTANT, as applicable, within forty-five (45) calendar
days after:
A. final completion of all work per Exhibit A, Scope of Work,
B. acceptance of the work by the COUNTY,
C. final completion of all work per Exhibit A, Scope of Work,
D. acceptance of the work by the COUNTY,
E. the COUNTY’s receipt of the fully executed “Certificate of Performance” form.
SECTION IV - PROMPT PAY LEGISLATION (A.R.S. §34-221)
If satisfactory progress is being made, the contractor will receive a payment based on the amount
of work completed. Progress payments may be made by the LPA/ Subrecipient Procurement Office
to the contractor on the basis of an approved estimate of the work performed during a preceding
period of time. The progress payments shall be paid on or before 14 days after the estimate of the
work is approved. The estimate of the work shall be deemed received by the LPA/Subrecipient
Procurement Office on submission to the person designated by the LPA/Subrecipient Procurement
Office for the submission, review or approval of the estimate of the work. The LPA/Subrecipient
Procurement Office by mutual agreement may make progress payments on contracts of less than
90 days and shall make monthly progress payments on all other contracts. Payment to the
contractor on the basis of a duly certified and approved estimate of the work performed during the
preceding calendar month under the contract may include payment for material and equipment.
Contract No. 2021-045
Page 7
An estimate of the work submitted shall be deemed approved and certified for payment after seven
days from the date of submission unless before that time the LPA/Subrecipient Procurement Office
or Designee prepares and issues a specific written finding setting forth those items in detail in the
estimate of the work that are not approved for payment under the contract. The contractor shall
work with the LPA/Subrecipient or the LPA/Subrecipient Designee to finalize monthly estimate. The
progress payments shall be paid on or before 14 days after the estimate of the work is certified and
approved in accordance with Arizona Revised Statutes Section 34-221.
The contractor shall pay to the contractor's subcontractors or material suppliers and each
subcontractor shall pay to the subcontractor's subcontractor or material supplier, within seven days
of receipt of each progress payment the respective amounts allowed the contractor or
subcontractor on account of the work performed by the subcontractors, to the extent of each
subcontractor's interest, except that no contract for construction services may materially alter the
rights of any contractor, subcontractor or material supplier to receive prompt and timely payment.
A subcontractor may notify the LPA/Subrecipient Procurement Office in writing requesting that the
subcontractor be notified by the Subrecipient Procurement Office in writing within five days from
payment of each progress payment made to the contractor. If unsatisfactory progress has not been
made on the project, MCDOT may, at its sole option, refuse to make progress payment(s) of such
sums, which MCDOT considers necessary. This provision shall not limit MCDOT’s rights to
terminate the Contract for default.
The CONSULTANT shall not withhold the Subconsultant’s payment if MCDOT has paid the full
value of services rendered. Failure by the CONSULTANT to invoice MCDOT in accordance with
the terms of this Contract and/or pay its Subconsultants in accordance with the Arizona Prompt
Pay Law is a material breach of this Contract. MCDOT reserves the right to request that
Consultant provides proof of payment to its Subconsultants.
The CONSULTANT shall be found to be in breach of this Contract if it executes subcontract
agreements with Subconsultants, DBE and non-DBE, which materially change the Prompt Pay
requirement. This action may result in termination of the Contract, or any other such remedy
as deemed appropriate by MCDOT.
SECTION V - DISPUTE ESCALATION
The following dispute escalation levels shall be utilized to resolve disputes during the course of this
Contract. The following dispute escalation levels shall be utilized in the event the MCDOT PM,
CONSULTANT PM or Contracts Specialist are unable to agree on the scope, level of effort, cost or
any other issues related to this Contract. It is the intent of the COUNTY to resolve disputes at the
lowest level possible. If agreement cannot be reached at that level, then the matter is escalated to
the next higher level of management. Failure to agree at any level constitutes escalation to the next
level.
Failure by the CONSULTANT to utilize the escalation process shall constitute a waiver of any
claims for additional compensation or any other relief.
Contract No. 2021-045
Page 8
The following table depicts the dispute resolution escalation levels for Contract issues:
Level
MCDOT
CONSULTANT
PROCUREMENT
1
Project Manager
Project Manager
Contract Services
2
Division Manager
Project Manager
Project Principal
Project Manager
Finance Services
Division Manager
Contract Services
3
County Engineer
Division Manager
Project Manager
Project Principal
Chief Procurement Officer
The decision of the Chief Procurement Officer is final.
SECTION VI - ARBITRATION
The parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve
disputes arising out of this agreement where the sole relief sought is monetary damages of
$500,000 or less, exclusive of interest and costs.
The arbitration shall be submitted under the relevant rules of the American Arbitration Association
(AAA) in effect as of the date of the demand for arbitration. The matter disputed shall be
submitted to an arbitrator mutually selected by MCDOT and the CONSULTANT.
SECTION VII—THE COUNTY’s RESPONSIBILITIES
The COUNTY will furnish the CONSULTANT, at no cost to the CONSULTANT, the following
information or services for this Project:
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the
Project. This does not, however, relieve the CONSULTANT of the responsibility of searching
records for additional information, for requesting specific information, or for verification of that
information provided. The COUNTY does not warrant the accuracy or comprehensiveness of
any such information.
B. All available information and data relative to policies, standards, criteria, and studies, etc.
impacting the Project as identified by the CONSULTANT.
C. Available staff for consultation with the CONSULTANT during the performance of studies and
plan development in order to identify the problems, needs, and other functional aspects of the
Project.
Prompt examination of documents submitted by the CONSULTANT and rendering of decisions
pertaining thereto in order to avoid unreasonable delay in the progress of the work by the
Contract No. 2021-045
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CONSULTANT. The COUNTY will keep the CONSULTANT advised concerning the progress of
the COUNTY’s review of work
SECTION VIII—ALTERATION IN SCOPE OF WORK
This contract may be amended by mutual agreement of the COUNTY and the CONSULTANT.
Any alteration in the Scope of Work that will result in a substantial change in the nature of the
Project so as to materially increase or decrease the contract fee will require negotiation of an
amendment to the contract to be executed by the COUNTY and the CONSULTANT. No work shall
commence on the change until the contract amendment has been approved by the COUNTY and
the Agent has notified the CONSULTANT to proceed. It is distinctly understood and agreed that
no claim for extra work performed or materials furnished by the CONSULTANT will be allowed by
the COUNTY except as provided herein, nor shall the CONSULTANT do any work or furnish any
materials not covered by this agreement unless such work is first authorized in writing by the
COUNTY in accordance with the Maricopa County Procurement Code. Any such work or materials
furnished by the CONSULTANT without such written authorization first being given shall be at
CONSULTANT’s own risk, cost, and expense. The CONSULTANT hereby agrees to make no
claim for such work or materials furnished without such written authorization.
SECTION IX—RECORDS, RETENTION, MAINTNANCE AND AUDIT
A. Pursuant to A.R.S. §35-214, the CONSULTANT and its Subconsultant(s) shall keep and
maintain all books, papers, records, accounting records, files, accounts, expenditure
records, reports, cost proposals with backup data and all other such materials related to the
Contract and other related project(s). The CONSULTANT shall make all such materials
related to the project(s) available at any reasonable time and place during the term of the
Contract and for five (5) years from the date the Initial Closeout Letter is sent to the
CONSULTANT after MCDOT indicates that work on the Contract has been completed to
the satisfaction of MCDOT (Contract Status Form). All Documents shall be retained for
auditing, inspection and copying upon the COUNTY’s or at FHWA’s request, or any other
authorized representative of the Federal Government.
B. Pursuant to A.R.S. §35-215, the CONSULTANT and its Subconsultant(s) with intent to
defraud, deceive, improperly influence, obstruct or impair an audit being conducted or
about to be conducted in relation to any Contract or subcontract with the COUNTY is guilty
of a Class 5 Felony.
C. In case of an audit and the CONSULTANT has failed to retain records in accordance with
the applicable Contract provision, it shall be presumed that the documents would not have
supported the CONSULTANT’s position. Therefore, failure to retain such records shall
result in the CONSULTANT being required to reimburse MCDOT for unsupported costs.
The CONSULTANT may also be disqualified from submitting future SOQ proposals.
D. Upon completion and final closeout of the Contract, physical/paper or electronic
Contract files and any supporting materials shall be maintained in accordance with
MCDOT and State Record Retention Center Records Retention/Destruction Policy and
Schedules.
Contract No. 2021-045
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SECTION X—PROJECT COMPLETION
If, during the course of this contract, situations beyond the control and not the result of delay
attributable to CONSULTANT arise which prevent completion within the allotted time, the Agent
may grant an extension.
SECTION XI - SUSPENSION OF WORK
Work on this Contract may be suspended by written order at MCDOT’s sole discretion. The
CONSULTANT is not entitled to any compensation when work is suspended.
SECTION XII—TERMINATION
The COUNTY may terminate this contract at any time upon reimbursement to the CONSULTANT
of expenses that include reasonable charges for time and material for the percentage of work
satisfactorily completed and provided to the COUNTY.
The COUNTY reserves the rights to postpone, terminate, or abandon this contract for the
CONSULTANT’s failure to complete the Project on time or failure to comply with the provisions of
the contract. The COUNTY also reserves the right to terminate any or all parts of this contract for
its own convenience as the COUNTY may determine at its sole discretion.
The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511 “A” this contract may be
canceled without penalty or further obligation within three (3) years after execution if any person
significantly involved in initiating, negotiating, securing, drafting, or creating a contract on behalf of
the COUNTY is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or a consultant to any other
party of the contract with respect to the subject matter of the contract. Cancellation under this
section shall be effective when written notice from the Transportation Director is received by all of
the parties to the contract. In addition, the COUNTY may recoup any fee or commission paid or
due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the COUNTY from any other party to the contract arising as a result of the
contract.
The CONSULTANT may terminate this contract in the event of nonpayment of fees as specified in
SECTION III, PAYMENTS TO THE CONSULTANT.
SECTION XIII—OWNERSHIP OF DATA
A. The CONSULTANT agrees to maintain (in sufficient detail as shall properly reflect all
work done and results achieved in the performance of this Contract) tracings, plans,
specifications and maps, basic survey notes and sketches, books, records, reports,
research notes, charts, graphs, comments, computations, analyses, recordings,
Contract No. 2021-045
Page 11
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.
B. All Data procured hereunder for the work funded by MCDOT shall become the property of
MCDOT and delivered to MCDOT upon request, and shall not be used or released by the
CONSULTANT or any other person except with the prior written approval by the COUNTY;
provided that the CONSULTANT shall not be required to retain any Data not requested by
MCDOT within five (5) years from the date of final payment to the Consultant hereunder;
and provided further that until such delivery to MCDOT, the CONSULTANT agrees to
permit MCDOT and FHWA representatives to examine and review at reasonable times all
Data still in the possession of the CONSULTANT.
C. All services, information, computer program elements, reports and other deliverables which
may be patented or copyrighted and created under this Contract are the property of the
COUNTY and shall not be used or released by the CONSULTANT or any other person
except with the prior written approval by the COUNTY.
SECTION XIV—COMPLIANCE WITH LAWS
The CONSULTANT is required to comply with all Federal, State, and local laws, local ordinances
and regulations. The CONSULTANT’s signature on this contract certifies compliance with the
provisions of the I-9 requirements of the Immigration Reform and Control Act of 1986 for all
personnel that the CONSULTANT and any sub-consultants employ to complete any Project. It is
understood that the COUNTY shall conduct itself in accordance with the provisions of the Maricopa
County Procurement Code.
The CONSULTANT warrants that it is in compliance with A.R.S. §41-4401 and further
acknowledges:
(1)
That the CONSULTANT and its sub-consultants, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. §23-214, subsection A; After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility of the
employee through the e-verify program and shall keep a record of the verification for the
duration of the employee’s employment or at least three years, whichever is longer.
(2)
That a breach of a warranty under subsection 1 above, shall be deemed a material
breach of the contract that is subject to penalties up to and including termination of the
contracts;
(3)
That the contracting government entity retains the legal right to inspect the papers of any
CONSULTANT or sub-consultant employee who works on the contract to ensure that
the CONSULTANT or sub-consultant is complying with the warranty provided under
subsection 1 above and that the CONSULTANT agrees to make all papers and
employment records of said employee(s) available during normal working hours in order
to facilitate such an inspection.
Contract No. 2021-045
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(4)
That nothing herein shall make any CONSULTANT or sub-consultant an agent or
employee of the contracting government entity.
Certification Regarding Debarment and Suspension:
(1) The undersigned (authorized official signing for the CONSULTANT) certifies to the best of
his or her knowledge and belief, that the CONSULTANT, defined as the primary
participant in accordance with 45 CFR Part 76, and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal Department or
agency;
(b) have not within 3-year period preceding this contract been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) are not presently indicted or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
(d) have not within a 3-year period preceding this contract had one or more public
transaction (Federal, State or local) terminated for cause of default.
(2) Should the CONSULTANT not be able to provide this certification, an explanation as to
why should be attached to the Contract.
(3) The CONSULTANT agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract.
SECTION XV—GENERAL CONSIDERATIONS
A. The CONSULTANT shall furnish to the COUNTY for approval, the names of its key
employees, and of its sub-consultants and their key employees, to be used on this Project prior
to beginning the work under this contract. Any subsequent changes are subject to the written
approval of the COUNTY.
B. The CONSULTANT shall perform, with its own firm, work amounting to fifty percent (50%) or
more of the total amount of the contract value. Any deviation may be approved, in writing, at
the discretion of the Agent.
C. The failure of either party to enforce any of the provisions of this contract or to require
performance of the other party of any of the provisions hereof shall not be construed to be a
Contract No. 2021-045
Page 13
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’s Errors and Omissions by Design
Consultants
on
Projects
Procedure
No.
P5305
(https://www.maricopa.gov/DocumentCenter/View/69060/New-Procedure-P5305-Errors-and-
Omissions-by-Design-Consultants-on-Projects).
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 CONSULTANT agrees during the term of this contract and any extensions thereof
that CONSULTANT will not perform similar services for any clients other than the COUNTY
within that specific geographic area without the written authorization and approval of the
Transportation Director of the COUNTY.
G. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and
assigns, shall not accept employment as consultants, expert witnesses or otherwise in any
pending or contemplated litigation against the COUNTY during the term of this contract and
any extensions thereof without the written authorization and approval of the Transportation
Director of the COUNTY.
H. The CONSULTANT agrees that it, its principals, employees, sub-consultants, agents and
assigns, shall not accept employment as consultants, expert witnesses or otherwise in any
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, sub-consultants, agents or assigns, of the
provisions of F., G., and H. of this section or of the provisions of B. of Section IX, and the right
of action for full damages at law, in addition to any other remedies provided by this contract. In
no case shall a waiver by the COUNTY of the right to seek relief under this provision constitute
a waiver of any other or further violation.
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
Contract No. 2021-045
Page 14
Management and Discharge Control Regulation, the Maricopa County Drainage Policies and
Standards, and the Maricopa County Drainage Regulations, using guidance from the Maricopa
County Drainage Design Manual, Vol. III, Erosion Control.
K. Written Certification Pursuant to A.R.S. § 35-393.01. If VENDOR engages in for-profit activity
and has 10 or more employees, and if this Agreement has a value of $100,000 or more,
VENDOR certifies it is not currently engaged in, and agrees for the duration of this Agreement
to not engage in, a boycott of goods or services from Israel. This certification does not apply to
a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842..
SECTION XVI—SUCCESSORS AND ASSIGNS
This contract shall not be assigned by either party without prior written approval of the other except
that the CONSULTANT may use in the performance of this contract without prior approval of the
COUNTY, personnel or services of its related entities and affiliated companies as if they were an
integral part of the CONSULTANT; and it shall extend to and be binding upon the heirs, executors,
administrators, successors and assigns of the parties hereto.
SECTION XVII—NO KICK-BACK CERTIFICATION
The CONSULTANT warrants that no person has been employed or retained to solicit or secure
this contract upon any agreement or understanding for a commission, percentage, brokerage, or
contingent fee; and that no member of the Board of Supervisors or any employee of the COUNTY
has any interest, financially or otherwise, in the CONSULTANT’s firm.
For breach or violation of this warranty, the COUNTY shall have the right to annul this contract
without liability, or at its discretion, to deduct from the contract price or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
SECTION XVIII—ANTI-DISCRIMINATION PROVISION
The COUNTY will endeavor to ensure in every way possible that small business enterprises shall
have every opportunity to participate in providing professional services, purchased goods, and
contractual services to the COUNTY without being discriminated against on the grounds of race,
religion, gender, age, disability, or national origin.
A DBE Goal of 8.96% has been established for this contract. Prime consultants are encouraged to
obtain DBE participation above and beyond the goal on this contract. DBE goal attainment will be
monitored to help ensure that overall DBE goal is met on the contract. DBE availability is based on
the Arizona UCP directory, which can be searched by specialty and/or NAICS code at
http://www.azdbe.org
The CONSULTANT agrees not to discriminate against any employee or applicant for employment
because of race, religion, gender, age, disability, or national origin, and further agrees not to
engage in any unlawful employment practices. The CONSULTANT further agrees to insert the
foregoing provisions in all subcontracts hereunder.
Contract No. 2021-045
Page 15
SECTION XIX—INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall defend, indemnify, and hold harmless
COUNTY, its agents, representatives, officers, directors, officials, and employees from and against
all claims, damages, losses and expenses, including reasonable attorney fees and court costs, but
only to the extent caused by the negligence, reckless or intentional wrongful conduct of the
CONSULTANT or others persons employed or used by the CONSULTANT in the performance of
the contract or subcontract. “Other persons employed or used” means a subconsultant to a
CONSULTANT or design professional in any tier, or any other person or entity who performs work
or design professional services, or provides labor, services, materials or equipment in connection
with the contract.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph. The scope of this
indemnification does not extend to the sole negligence of COUNTY.
SECTION XX - ANTI-TRUST VIOLATIONS
The CONSULTANT and the COUNTY recognize that in actual economic practice, overcharges
resulting from anti-trust violations are in fact borne by Purchaser or ultimate user which in this
case, the COUNTY. Therefore, the CONSULTANT, acting as a vendor, hereby assigns to the
COUNTY any and all claims for such overcharges.
SECTION XXI - PROFESSIONAL CONDUCT AND PROFESSIONAL REGISTRATION
The CONSULTANT shall comply with the “Rules of Professional Conduct” provision pursuant to
A.A.C. R4-30-301, which is incorporated herein by reference and hereby made a part of this
Contract.
The CONSULTANT shall comply with the “Registration as an Architect, Assayer, Engineer,
Geologist, Landscape Architect, or Land Surveyor” provision pursuant to A.A.C. R4-30-201,
which is incorporated herein by reference and hereby made a part of this Contract.
SECTION XXII - IMPROPER EXERCISE OF AUTHORITY
It is further understood and agreed that the CONSULTANT shall not, in any way, exercise any
portion of the authority or powers of the COUNTY, and shall not make a contract or
commitment, or in any way represent itself as an agent of the COUNTY beyond the scope of
this Contract unless expressly authorized, in writing, by the COUNTY.
SECTION XXIII - CONFLICT OF INTEREST
The CONSULTANT shall not engage the services on this contract of any present or former
COUNTY employee who was involved as a decision maker in the selection or approval processes
or who negotiated and/or approved billings or contract modifications for this contract.
Contract No. 2021-045
Page 16
The CONSULTANT agrees that no public or private interest exists and none shall be acquired
directly or indirectly which would conflict in any manner with the performance of this contract.
SECTION XXIV - ORGANIZATION EMPLOYMENT DISCLAIMER
A.
This Contract is not intended to constitute, create, give to, or otherwise recognize a joint
venture agreement or relationship, partnership, or formal business organization of any
kind, and the rights and obligations of the parties shall be only those expressly set forth
in this Contract.
B.
The parties agree that no persons supplied by the CONSULTANT in the performance
of CONSULTANT obligations under the Contract are considered to be COUNTY
employees. The Consultant shall have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workmen's compensation, occupational disease
compensation, unemployment compensation, other employee benefits and all taxes and
premiums appurtenant thereto concerning such persons, and shall save and hold the
COUNTY harmless with respect thereto.
SECTION XXV - FEDERAL DEBARMENT AND SUSPENSION
A.
By signature on this Contract, the CONSULTANT certifies its compliance, and the
compliance of its Subconsultants or subcontractors, present or future, by stating that any
person associated therewith in the capacity of owner, partner, director, officer, principal
investor, project director, manager, auditor, or any position of authority involving
federal funds:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination
of ineligibility by any Federal Agency;
2. Does not have a proposed debarment pending;
3. Has not been suspended, debarred, voluntarily excluded or determined ineligible by
any Federal Agency within the past three (3) years; and
4. Has not been indicted, convicted, or had a civil judgment rendered against the
firm by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past three (3) years as specified by Code of Federal
Regulations 49 CFR paragraph 29.305(a).
B. Where the CONSULTANT or its Subconsultant is unable to certify to the statement in
Section a.1. above, the CONSULTANT or its Subconsultant shall be declared ineligible to
enter into Contract or participate in the project.
C. Where the CONSULTANT or Subconsultant is unable to certify to any of the statements
as listed in Sections a.2., a.3., or a.4., above, the CONSULTANT or its Subconsultant
shall submit a written explanation to the COUNTY. The certification or explanation shall
be considered in connection with the COUNTY’s determination whether to enter into
Contract.
Contract No. 2021-045
Page 17
A. The CONSULTANT shall provide immediate written notice to the COUNTY if, at any time,
the CONSULTANT or its Subconsultant, learn that its Debarment and Suspension
certification has become erroneous by reason of changed circumstances.
SECTION XXVI - SUBCONTRACTS
The CONSULTANT agrees to execute a written contract with all Sub-consultants for work to be
completed under this contract. The executed contract shall include Sub-Consultant’s Scope of
Work and all the Uniform Terms and Conditions set forth in this contract.
The CONSULTANT shall provide electronic copies of signed subcontract agreements with all Sub-
consultants to ADOT Business Engagement and Compliance Officer (BECO)) by uploading them
to
the
BECO
online
DBE
Contract
&
Labor
Compliance
Management
System
(https://adot.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 Sub-consultant in order for the subcontract to be considered valid.
The CONSULTANT shall be in breach of this contract if the CONSULTANT materially modifies the
federal regulations and State statutes in its subcontract agreements terms and conditions with its
Subconsultants. Deviations from the terms of this contract may result in termination of the
contract, or any other such remedy as deemed appropriate by the COUNTY.
SECTION XXVII - CONTINUING OBLIGATION
The CONSULTANT agrees that if due to death or any other occurrence it becomes impossible
for any principal or employee of the CONSULTANT to render the services required under this
Contract, neither the CONSULTANT nor the surviving principals shall be relieved of any
obligation to render complete performance. However, in such event, the COUNTY may
terminate this Contract if it considers the death or incapacity of such principal or employee to
be a loss of such magnitude as to (1) affect the CONSULTANT’s ability to satisfactorily
complete the performance of this Contract, or (2) materially affect the evaluation of the
CONSULTANT’s qualifications.
SECTION XXVIII - NAME CHANGE, MERGER, ACQUISITION, CONSOLIDATION AND/OR
TRANSFER OF OWNERSHIP
A. In cases where a firm changes its name, acquires, or merges with another company, the
firm under Contract with MCDOT shall notify MCDOT of name or ownership changes
within 10 business days from the date when the name or ownership change is legally
signed/approved before the new CONSULTANT begins any work on acquired firm’s
contract(s). The CONSULTANT changing its name due to merger, acquisition,
consolidation and/or transfer of ownership shall be responsible for fulfilling all obligations,
liabilities, and contract terms/conditions for all MCDOT Contracts of the acquired firm.
The new/acquiring firm shall provide MCDOT with the required information to approve the
name change, including but not limited to the following:
1. A letter, on company letterhead, indicating the new name and reason for the change.
The letter shall also include:
Contract No. 2021-045
Page 18
i.
Effective date of the change.
ii. List of active and pending closeout MCDOT Contracts affected by the change with
contract description. Indicate which contract(s) the firm served as a CONSULTANT or
Subconsultant.
iii. A statement certifying that the new/acquiring CONSULTANT shall assume all
obligations and liabilities set forth in the respective contracts for all listed contracts
between the new/acquiring CONSULTANT and MCDOT.
iv. A statement certifying that no changes have been made in the Key Personnel
responsible for the affected contracts. If a Key Personnel change occurs resulting
from the merger, acquisition, consolidation and/or transfers of ownership, the
CONSULTANT shall submit a separate request to obtain MCDOT’s approval for
the Key Personnel change.
2. A copy of Arizona Corporation Commission (ACC) or home-state equivalent
Corporation Commission approval documentation of the new/acquiring CONSULTANT
3. Updated professional license(s) of the new/acquiring CONSULTANT
4. Updated W-9 Form of the new/acquiring CONSULTANT
B. If the acquiring firm is approved by MCDOT to take over the merged or acquired Contracts,
the Contracts shall be modified to include the acquiring firm’s name by a Contract
Modification. The CONSULTANT shall also re- prequalify with ECS under the new
entity/firm name.
C. If a Subconsultant listed in the Contract changes its name due to merger, acquisition,
consolidation and/or transfer of ownership, the Subconsultant shall notify the
Consultant of the name or ownership changes within 10 business days when the name
or ownership change is legally signed/approved before the new/acquiring Subconsultant
begins any work on the acquired Subconsultant contract(s). The CONSULTANT shall
request MCDOT’s written approval within 10 calendar days from the Subconsultant
notification. The name-change request shall include, at a minimum, the following:
1. A letter, on company letterhead, indicating the new Subconsultant(s) name and
reason for the change. The letter shall also include:
i. Effective date of the change
ii. List of active and pending closeout MCDOT Contracts affected by the change with
contract description. Indicate which contract(s) the firm served as a CONSULTANT
or Subconsultant.
iii. A statement certifying that the new/acquiring Subconsultant shall continue to
provide quality work under the Contract
iv. A statement certifying that no changes have been made in the Key Personnel
responsible for the affected contracts. If a Key Personnel change occurs resulting
from the merger, acquisition, consolidation and/or transfers of ownership, the
Subconsultant shall submit a separate request through the CONSULTANT, to
obtain COUNTY’s approval for the Key Personnel change.
Contract No. 2021-045
Page 19
2. A copy of the new/acquiring Subconsultant’s ACC or home-state equivalent
Corporation Commission approval documentation related to the change.
SECTION XXIX—ANTI-LOBBYING
CONSULTANT agrees to comply with the provisions of Section 1352 of Title 31, U.S. Code (Public
Law 101.121) as codified in Title 48, Federal Acquisition Regulations Subpart 3.8 and Subpart 52.203-
11. The legislation prohibits federal funds from being expended by a recipient or any lower tier
subrecipients of a Federal contract, grant, loan, or cooperative agreement to pay any person for
influencing or attempting to influence a Federal agency or Congress in connection with the award of
any Federal contract, the making of any Federal grant or loan, or entering into any cooperative
agreement, including the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement. Disclosure statements shall be provided to the
COUNTY.
CONSULTANT agrees to require all lower tier sub-consultants who have agreements exceeding
$100,000 to complete the Certification of Federal Contracts (ECS Form 90-1) and, when appropriate,
the Disclosure of Lobbying Activities (ECS Form 90-3) prior to execution of the Prime Consultants
Agreement with the COUNTY. Lower tier certifications are to be maintained by CONSULTANT and
shall be retained by CONSULTANT for a period of three (3) years following the completion and
acceptance of the project.
SECTION XXX - FINAL/INCURRED 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:
Contract No. 2021-045
Page 20
Level
MCDOT
CONSULTANT
PROCUREMENT
1
Project Manager
Project Manager
Contract Services
2
Division Manager
Project Manager
Project Principal
Project Manager
Administrative Services
Division Manager
Contract Services
3
County Engineer
Division Manager
Project Manager
Project Principal
Chief Procurement Officer
The decision of the Chief Procurement Officer is final.
e.
MCDOT or the CONSULTANT shall reimburse either party in accordance
with the ICA results. Failure of the CONSULTANT to reimburse MCDOT for
over-billed charges based on the results of the Pre-award Reviews or ICAs
shall result in disqualification of the CONSULTANT.
SECTION XXXI - REVIEWS AND INSPECTIONS
Representatives from the COUNTY and FHWA are authorized to review and inspect the
Contract activities and facilities during the CONSULTANT’s and its Subconsultants normal
business hours.
SECTION XXXII - PROPERTY OR EQUIPMENT
Except as otherwise provided in this Contract, computer or other special equipment needed to
fulfill this Contract, shall be purchased through the MCDOT Procurement Group and considered
as MCDOT property. The control, utilization and disposition of property or equipment acquired
using Federal/State funds shall be determined in accordance with the property management
standards set forth in 49 CFR Part 18.
SECTION XXXIII - NONDISCRIMINATION
1. During the performance of this Contract, the CONSULTANT, for itself, its Subconsultants,
assignees and successors shall:
a.
Not discriminate on the basis of race, color, national origin, or sex and shall
carry out applicable requirements of 49 CFR Part 26 in the performance of this
Contract. Failure by the CONSULTANT to carry out these requirements is a
material breach of this Contract, which may result in the termination of this
Contract, disqualification from proposing on other Contracts or other remedy as
the State deems appropriate.
b.
Comply with Executive Order 2009-09, "Prohibition of Discrimination in
Employment by Government contractors and Subcontractors," which is hereby
included in its entirety by reference and considered a part of this Contract.
Contract No. 2021-045
Page 21
c.
Comply with the provisions of Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor Regulations (41 CFR Part 60). Said
provisions are made applicable by reference and are hereinafter considered a
part of this Contract.
d.
Post in conspicuous places available to employees and applicants for employment,
the following notice:
“It is the policy of this company not to discriminate against any
employee, or applicant for employment, because of race, color, religion,
creed, national origin, sex, age, handicapped, or disabled veterans and
Vietnam era veterans. Such actions shall include, but are not limited to:
employment, upgrading, demotion, transfer, recruitment, or recruitment
advertising;
laying-off
or termination; rates of pay or other
compensation; and selection for training, and on-the-job training. Also, it
is the policy to insure and maintain a working environment free of
harassment, intimidation and coercion.”
e.
Comply with the Regulations relative to nondiscrimination in Federally-assisted
programs of the U.S. Department of Transportation (hereinafter DOT), 49 CFR
Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
Contract.
f.
Comply with Appendix A and E of the Maricopa County Department of
Transportation “Title VI/Non-Discrimination Assurances” as found in Attachment 4
of this Contract.
g.
Not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of 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
CONSULTANT for work to be performed under a subcontract, including
procurement of materials or leases of equipment, notify each potential
Subconsultant or supplier of the 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 CONSULTANT
Contract No. 2021-045
Page 22
is in the exclusive possession of another who fails or refuses to furnish this
information, the CONSULTANT shall so certify to the State as appropriate, and
shall set forth what efforts it has made to obtain the information.
2. In the event of the CONSULTANT’s noncompliance with the NONDISCRIMINATION
provision (Section XXXIII) of this Contract, the State shall impose such Contract sanctions
as the State or FHWA may determine to be appropriate, including but not limited to:
a. Withholding of payments to the CONSULTANT under the Contract until the CONSULTANT
complies, and/or;
b. Cancellation, termination, or suspension of the Contract, in whole or in part.
3. The CONSULTANT shall include the provisions of paragraph 1.a. through 1.i. in every
subcontract with Subconsultants, DBEs and Non-DBEs, including procurement of materials
and equipment leases, unless exempt by the Regulations or directives issued pursuant
thereto.
4. The CONSULTANT shall take such action with respect to any Subconsultants or
procurement as the State or the Federal Aviation Administration (FAA), FHWA and the
Federal Transit Administration (FTA) may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the event the
CONSULTANT becomes involved in or is threatened with litigation with a Subconsultant or
supplier as a result of such direction, the CONSULTANT may request the State to enter
into such litigation to protect the interests of the COUNTY, and in addition, the
CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States.
SECTION XXXIV—AFFIRMATIVE ACTION (FOR FEDERAL-AID CONTRACTS)
CONSULTANT shall take the following affirmative action measures when securing supplies,
equipment or services under the terms of this contract:
A. Include qualified firms owned by socially and economically disadvantaged individuals on
solicitation lists.
B. Assure that firms owned by socially and economically disadvantaged individuals are solicited
whenever they are potential sources.
C. When economically feasible, divide total requirements into smaller tasks or quantities so as to
permit maximum participation by firms owned by socially and economically disadvantaged
individuals.
D. If requirement permits, establish delivery schedules which will encourage participation by firms
owned by socially and economically disadvantaged individuals.
Contract No. 2021-045
Page 23
A. Use the services and assistance of ADOT DBE Supportive Services Program, the Small
Business Administration, the Office of Minority Business Enterprise of the Department of
Commerce and the Community Services Administration as needed.
SECTION XXXV - PROFESSIONAL SERVICES DBE PROVISIONS
(LPA PS EPRISE, 6/23/2016)
DISADVANTAGED BUSINESS ENTERPRISES:
1.0 Policy:
The Arizona Department of Transportation (hereinafter the Department) has established a
Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the U.S.
Department of Transportation (USDOT), 49 CFR Part 26. The Department has received Federal
financial assistance from the U.S. Department of Transportation and as a condition of receiving this
assistance, the Department has signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of the Department to ensure that DBEs, as defined in Part 26, have an equal
opportunity to receive and participate in USDOT-assisted contracts. It is also the policy of the
Department:
1. To ensure nondiscrimination in the award and administration of USDOT-assisted contracts;
2. To create a level playing field on which DBEs can compete fairly for USDOT-assisted contracts;
3. To ensure that the DBE program is narrowly tailored in accordance with applicable law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are counted as
DBEs;
5. To help remove barriers to the participation of DBEs in USDOT-assisted contracts;
6. To assist in the development of firms that can compete successfully in the marketplace outside
the DBE program; and
7. To promote the use of DBEs in all types of federally-assisted contracts and procurement
activities.
It is also the policy of the Department to facilitate and encourage participation of Small Business
Concerns (SBCs), as defined in Subsection 3.0, in USDOT-assisted contracts. The Department
encourages consultants to take reasonable steps to eliminate obstacles to SBCs’ participation and
to utilize SBCs in performing contracts.
Local Public Agencies (LPA) and or Subrecipients of Federal financial assistance will administer
and manage the contracts from advertising, consultant selection, negotiation, contract execution,
processing payment reports and contract modifications, audits, DBE compliance (e.g., reporting
and
monitoring)
through
contract
closeout.
2.0 Assurances of Non-Discrimination:
The consultant, subrecipient, or subconsultant shall not discriminate on the basis of race, color, sex
or national origin in the performance of this contract. The consultant shall carry out applicable
Contract No. 2021-045
Page 24
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by the consultant to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the the
LPA/Subrecipient with the Department’s concurrence deems appropriate, which may include, but
are not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages;
4. Disqualifying the consultant from submitting SOQs, or any other forms of proposals, as non-
responsible;
5. Cancellation, termination, or suspension of the Contract, in whole or in part.
The consultant, subrecipient, or subconsultant shall ensure that all subcontract agreements
contain this non-discrimination assurance.
3.0 Definitions:
(A) Commercially Useful Function (CUF): Commercially Useful Function is defined fully in 49
CFR 26.55, which definition is incorporated herein by reference.
(B) Committed DBE: A DBE that was identified by the consultant, typically on a DBE Affidavit, to
meet an assigned DBE goal as a condition of contract award and performance, and includes any
substitute DBE that has subsequently been committed work to meet the assigned contract goal.
(C) Disadvantaged Business Enterprise (DBE): a for-profit small business concern which
meets both of the following requirements:
(1) Is at least 51 percent owned by one or more socially and economically disadvantaged
individuals or, in the case of any publicly owned business, at least 51 percent of the stock is owned
by one or more such individuals; and,
(2) Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
(D) 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.
(E) Non-DBE: any firm that is not a DBE.
(F) Race-Conscious (RC): a measure or program focused specifically on assisting only DBEs,
including women-owned DBEs.
(G) Race-Neutral (RN): a measure or program used to assist all small businesses. For the
Contract No. 2021-045
Page 25
purposes of this part, race-neutral includes gender-neutrality.
(H) Small Business Concern (SBC): a business that meets all of the following conditions:
(1) Operates as a for-profit business registered to do business in Arizona;
(2) Operates a place of business primarily within the U.S., or makes a significant contribution to
the U.S. economy through payment of taxes or use of American products, materials, or labor;
(3) Is independently owned and operated;
(4) Is not dominant in its field on a national basis; and
(5) Does not have annual gross receipts that exceed the Small Business Administration size
standards average annual income criteria for its primary North American Industry Classification
System (NAICS) code.
(I) Socially and Economically Disadvantaged Individuals: any individual who is a citizen (or
lawfully admitted permanent resident) of the United States and who is:
(1) Any individual who is found to be a socially and economically disadvantaged individual on a
case-by-case basis.
(2) Any individual in the following groups, members of which are rebuttably presumed to be
socially and economically disadvantaged:
(i) "Black Americans," which includes persons having origins in any of the Black racial groups of
Africa;
(ii) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(iii) "Native Americans," which includes persons who are enrolled members of federally or State
recognized Indian tribe, Alaskan Natives or Native Hawaiians;
(iv) “Asian-Pacific Americans,” which includes persons whose origins are from Japan, China,
Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia,
Indonesia, the Philippines, Brunei, Samoa, Guam, the 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;
(v) “Subcontinent Asian Americans,” which includes persons whose origins are from India,
Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
(vi) "Women;"
(vii) Any additional groups whose members are designated as socially and economically
Contract No. 2021-045
Page 26
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-Protège Program
The Department has established a Mentor-Protégé program as an initiative to encourage and
develop disadvantaged businesses in the highway construction industry. The program encourages
prime consultants to provide certain types of assistance to certified DBE subconsultants. ADOT
encourages consultants and certified DBE subconsultants to engage in a Mentor-Protégé
agreement under certain conditions. Such an agreement must be mutually beneficial to both
parties and to ADOT in fulfilling requirements of 49 CFR Part 23. For guidance regarding this
program refer to the Mentor-Protégé Program Guidelines available on the BECO website.
The Mentor-Protégé program is intended to increase legitimate DBE activities and is not intended
to diminish nor circumvent existing DBE rules or regulations.
5.0 Applicability:
The Department has established an overall annual goal for DBE participation on Federal-aid
contracts. The Department intends for the goal to be met with a combination of race conscious
efforts and race neutral efforts. Race conscious participation occurs when the consultant uses a
percentage of DBEs, as defined herein, to meet the contract-specified goal. Race neutral efforts
are those that are, or can be, used to assist all small businesses or increase opportunities for all
small businesses. The regulation, 49 CFR 26, defines race neutral as when a DBE wins a prime
contract through customary competitive procurement procedures or is awarded a subcontract on a
prime contract that does not carry a DBE contract goal.
The consultant shall meet the goal specified herein with DBEs, or establish that it was unable to
meet the goal despite making good faith efforts to do so. Prime consultants are encouraged to
obtain DBE participation above and beyond any goals that may be set for this project.
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The DBE provisions are applicable to all consultants including DBE consultants.
6.0 Certification and Registration:
6.01 DBE Certification:
Certification as a DBE shall be predicated on:
(1) The completion and execution of an application for certification as a "Disadvantaged Business
Enterprise."
(2) The submission of documents pertaining to the firm(s) as stated in the application(s), including
but not limited to a statement of social disadvantage and a personal financial statement.
(3) The submission of any additional information which the Department or the applicable Arizona
Unified Certification (UCP) agency may require to determine the firm's eligibility to participate in the
DBE program.
(4) The information obtained during the on-site visits to the offices of the firm and to active job-
sites.
Applications for certification may be filed online with the Department or the applicable UCP agency
at any time through the Arizona Unified Transportation Registration and Certification System (AZ
UTRACS) website at http://www.azutracs.com.
DBE firms and firms seeking DBE certification shall cooperate fully with requests for information
relevant to the certification process. Failure or refusal to provide such information is a ground for
denial or removal of certification.
ADOT is a member of the AZ Unified Certification Program (AZUCP). Only DBE firms that are
certified by the AZUCP are eligible for credit on ADOT projects. A list of DBE firms certified by
AZUCP is available on the internet at http://www.azutracs.com. The list will indicate contact
information and specialty for each DBE firm, and may be sorted in a variety of ways. However,
ADOT does not guarantee the accuracy and/or completeness of this information, nor does ADOT
represent that any licenses or registrations are appropriate for the work to be done.
The Department’s certification of a DBE is not a representation of qualifications and/or abilities nor
does it mean that a DBE firm is guaranteed or entitled to receive or be awarded a contract. Being
certified simply means that a firm has met the criteria for DBE certification as outlined in 49 CFR
Part 26. The consultant bears all risks of ensuring that DBE firms selected by the consultant are
able to perform the work.
6.02 SBC Registration:
To comply with 49 CFR Part 26.39, ADOT’s DBE Program incorporates contracting requirements
to facilitate participation by Small Business Concerns (SBCs) in federally assisted contracts. SBCs
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are for-profit businesses authorized to do businesses in Arizona that meet the Small Business
Administration (SBA) size standards for average annual revenue criteria for its primary North
American Industry Classification System (NAICS) code
While the SBC component of the DBE program does not require utilization of goals on projects,
ADOT and the LPA/Subrecipient strongly encourages consultants to utilize small businesses that
are registered in AZ UTRACS on their contracts, in addition to DBEs meeting the certification
requirement. The consultant may use the AZ UTRACS website to search for certified DBEs and
registered SBCs that can be used on the contract. However, SBCs that are not DBEs will not be
counted toward the DBE contract goal.
SBCs can register online at the AZ UTRACS website.
The Department’s registration of SBCs is not a representation of qualifications and/or abilities nor
does it mean that an SBC firm is guaranteed or entitled to receive or be awarded a contract. Being
SBC registered simply means that a firm has met the criteria for SBC registration as outlined in 49
CFR Part 26. The consultant bears all risks of ensuring that SBC firms selected by the consultant
are able to perform the work.
7.0 DBE Financial Institutions:
The Department thoroughly investigates the full extent of services offered by financial institutions
owned and controlled by socially and economically disadvantaged individuals in its service area
and makes reasonable efforts to use these institutions. The Department encourages prime
consultants to use such institutions on USDOT assisted contracts. However, use of DBE financial
institutions will not be counted toward the DBE contract goal.
The Department and the LPA/Subrecipient encourages prime consultants to research the Federal
Reserve Board website at www.federalreserve.gov to identify minority-owned banks in Arizona
derived from the Consolidated Reports of Condition and Income filed quarterly by banks (FFIEC
031 and 041) and from other information on the Board’s National Information Center database.
8.0 Time is of the Essence:
TIME IS OF THE ESSENCE IN RESPECT TO THE DBE PROVISIONS
9.0 Computation of Time:
In computing any period of time described in this DBE special provision, such as calendar days,
the day from which the period begins to run is not counted, and when the last day of the period is a
Saturday, Sunday, Federal or State holiday, the period extends to the next day that is not a
Saturday, Sunday, Federal or State holiday. In circumstances where the LPA/Subrecipient
Procurement Office is closed for all or part of the last day, the period extends to the next day on
which the LPA / Subrecipient Procurement Office is open.
10.0 Consultant and Subconsultant Requirements:
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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 minimum goal for participation by DBEs on this project is as follows:
8.96 Percent
The percentage of DBE participation shall be based on the total dollar value of the contract.
Proposers are strongly encouraged to secure and include sufficient DBE firms on their team for
multiple disciplines and work categories to ensure they can meet the DBE goal on the contract and
for any Contract Modifications that are executed post-award. The DBE goal requirements extend to
additional dollars added by Contract Modification to help ensure that the overall DBE goal is met on
the contract. Indicating there is no DBE firm on a prime proposer’s team to meet the DBE goal on
Contract Modifications does not meet the criteria for Good Faith Efforts in 49 CFR 26.53, and will
not be accepted by the Department as Good Faith Efforts when Contract Modifications are issued.
Since proposers have been notified of the DBE goal prior to the submittal of their Statement of
Qualifications (SOQ) they are required to do their due diligence to secure enough DBE
participation to meet the goal or make good faith efforts on the contract and each subsequent
Contract Modification. Firms will be required to locate DBEs to meet the goal on each Contract
Modification even if these DBEs were not originally included as part of their team, if the
LPA/Subrecipient , with BECO concurrence, determines there are qualified DBEs available to
complete portions of the work of the Contract Modification.
12.0 Submission with SOQ Proposals:
12.01 DBE Assurance/Goal Declaration
In order to be awarded this contract, in addition to all other pre-award requirements, all proposers
are required to certify on the DBE Assurance Project Specific form provided by the
LPA/Subrecipient that:
The proposer will meet the established DBE goal or will make good faith efforts to meet the goal
and that arrangements with certified DBEs have been made prior to the SOQ and/or cost proposal
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submission.
Failure to affirmatively make this declaration/certification in the manner outlined in the Request for
Qualifications (RFQ) furnished by the LPA/Subrecipient will cause a Proposer’s SOQ to be
considered non-responsive.
12.02 Bidders/Proposers List and AZ UTRACS Registration Requirement:
Under Title 49 CFR of the Code of Federal Regulations, Part 26.11, DOTs are required to collect
certain information from all consultants and subconsultants who seek to work on federally-assisted
contracts in order to set overall and contract DBE goals. ADOT collects this information when firms
register their companies on the Arizona Unified Transportation Registration and Certification
System (AZ UTRACS) web portal at http://www.azutracs.com/ a centralized database for
companies that seek to do business with ADOT. This information will be maintained as confidential
to the extent allowed by federal and state law.
Prime consultants and all subconsultants, including DBEs listed in the SOQ must be registered in
AZ UTRACS. Proposers may verify that their firm and each subconsultant is registered using the
AZ UTRACS website.
Proposers may obtain additional information at the AZ UTRACS website or by contacting the
LPA/Subrecipient.
All proposers shall create a Bidders/Proposers list in the AZ UTRACS by selecting all firms, service
providers, and vendors that expressed interest or submitted proposals or quotes for this contract.
The Bidders/Proposers List form must be complete and must include the names for all
subconsultants, service providers, and vendors that submitted proposals or quotes on this project
regardless of the proposer’s intentions to use those firms on the project.
All proposers must complete and submit the Bidders/Proposers List online at AZ UTRACS prior to
Cost Proposal submittal. A confirmation email will be generated by the system. This email
confirmation shall be submitted with the Cost Proposal.
FAILURE TO SUBMIT THE REQUIRED BIDDERS/PROPOSERS LIST CONFIRMATION EMAIL
WITH THE COST PROPOSAL BY THE STATED TIME AND IN THE MANNER HEREIN
SPECIFIED AND AS OUTLINED IN THE RFQ SHALL BE CAUSE FOR THE PROPOSER’S COST
PROPOSAL TO BE REJECTED.
13. 0 DBE Cost Proposal Submissions:
13.01 DBE Intended Participation Affidavits:
If the proposer indicates in the Cost Proposal submittal that it has met or exceeded the DBE goal, a
DBE Intended Participation Affidavit form for each DBE firm, and the DBE Intended Participation
Affidavit Summary form shall be submitted to the LPA/Subrecipient Procurement Office with each
Cost Proposal as follows:
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(1) The DBE Intended Participation Affidavit Form must be submitted for each individual DBE firm
at all tiers, including direct expense vendors, that is being proposed to be used to meet the DBE
goal on the project. A copy of this form is available from the LPA/Subrecipient.
(2) The DBE Intended Participation Affidavit Summary Form must be completed by the consultant
summarizing information about all DBEs being proposed to meet the DBE goal that are listed on
each DBE Intended Participation Affidavit Form. The DBE Intended Participation Affidavit Summary
Form, along with the DBE Intended Participation Affidavit form for each individual DBE firm, must
be submitted together with the Cost Proposal to the LPA/Subrecipient Procurement Office All forms
must be accurate and complete in every detail and must be signed by an officer of the
consultant(s). Percentages and dollar amounts must be accurate. Percentages shall be listed to
two decimal places. The DBE Intended Participation Affidavit Summary must be submitted listing
all the DBEs intended to be used and the creditable amounts. Copies of these forms are available
from the LPA/Subrecipient.
(3) The DBE Intended Participation Affidavits Forms and the DBE Intended Participation Affidavit
Summary Form must be submitted with the original cost proposal documents. The same
documents must be submitted as part of the contract modification documentation submittals
reflecting any change in the contract amount associated with the contract modification.
(4) A proposer must determine DBE credit for the contract in accordance with DBE Special
Provision Subsection 17.0 Crediting DBE Participation Toward Meeting Goals. The affidavits will
be reviewed by the LPA/Subrecipient.
(5) Only those DBE firms certified by the Arizona Unified Certification Program (AZUCP) at the time
of the Cost Proposal submittal will be considered for DBE credit. It shall be the proposer’s
responsibility to ascertain the certification status of designated DBEs.
(6) All DBE commitment amounts must be finalized between the DBE subconsultant and the
proposer prior to affidavit submittal. Proposers shall not inflate DBE awards in order to meet
contract goals. Reduction of DBE commitments after affidavit submittal and prior to execution of
the contract without good cause may be grounds for the proposer to be considered nonresponsive.
Scheduling conflicts are not necessarily evidence of good cause as this should have been
considered prior to affidavit submittal. Proposers are required to use DBEs identified in both the
SOQ and Cost Proposal to meet the contract goal, so the consultant is responsible for ensuring the
DBEs listed in the SOQ and submitted with the Cost Proposal are available to meet those
requirements at the time of contract execution.
(7) Cost proposals without affidavits shall be considered incomplete and contract negotiations
shall not be finalized nor will the contract be executed until affidavits are submitted and approved.
14.0 Documented Good Faith Effort:
14.01 General:
If the selected proposer has indicated in its cost proposal submittal that it will be unable to meet the
DBE goal, that proposer must demonstrate, through detailed and comprehensive documentation,
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that good faith efforts have been made to solicit, assist, and use DBE firms to meet the DBE goal
prior to submission of the SOQ and cost proposal.
Failure to demonstrate good faith efforts to the satisfaction of LPA/Subrecipient with concurrence of
BECO will result in denying the award and moving to the next second highest ranked proposer.
The selected proposer who cannot meet the DBE goal at the time the cost proposal is due must
submit its documentation of good faith efforts to the LPA/Subrecipient with the cost proposal.
Contract negotiations will not be finalized, nor will the contract be executed until the required Good
Faith Effort forms and required documentation are received and approved.
The documentation of good faith efforts must include copies of each DBE and non-DBE
subconsultant quotes submitted to the proposer when a non-DBE subconsultant was selected over
a DBE for work on the contract. A generalized assertion that the consultant received multiple
quotes is not sufficient unless copies of those quotes are provided.
Proposers are encouraged to review Appendix A of 49 CFR Part 26.
Useful information related to encouraging DBE participation and documented good faith efforts can
be found in the “Good Faith Effort Guide” and other documents made available on the BECO
website. The information provided in the “Good Faith Effort Guide” does not replace this
specification; proposers must comply with the requirements of this specification.
In order to be awarded a contract on the basis of good faith efforts, a proposer must show that it
took all necessary and reasonable steps to achieve the DBE goal, which, by their scope, intensity,
and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE
participation, even if they were not fully successful. The quality, quantity, and intensity of the
different kinds of efforts the proposer has made will be evaluated. The efforts employed by the
proposer should be those that one could reasonably expect a proposer to make if the proposer
were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE goal.
Mere pro forma efforts are not sufficient good faith efforts to meet the DBE contract requirements.
The proposer shall, as a minimum, seek DBEs in the same geographic area in which it generally
seeks subconsultants for a given project. If the proposer cannot meet the goals using DBEs from
this geographic area, the proposer, as part of its effort to meet the goals, shall expand its search to
a reasonably wider geographic area.
The following is a list of types of efforts a proposer must address when submitting good faith effort
documentation.
(1) Contacting the LPA/Subrecipient and BECO prior to the submission of proposals, either by e-
mail, or by telephone, to inform of the firm’s difficulty in meeting the DBE goals on a given project,
and requesting assistance. The proposer must document its contact with the LPA/Subrecipient
and BECO, and indicate the type of contact, the date and time of the contact, the name of the
person(s) contacted, and any details related to the communication. The contact must be made in
sufficient time before proposal submission to allow the LPA/Subrecipient and BECO to provide
effective assistance. The proposer will not be considered to have made good faith efforts if the
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proposer failed to contact the LPA/Subrecipient and BECO.
(2) Conducting market research to identify small business consultants and suppliers, and
soliciting, through all reasonable and available means, the interest of all certified DBEs who have
the capability to perform the work of the contract. This may include attendance at pre-proposal
meetings and business matchmaking meetings and events, advertising and/or providing written
notices, posting of “Notices of Sources Sought” and/or “Requests for Proposals” at reasonable
locations, including the consultant’s website, written notices or emails to all DBEs listed in the
Department’s directory of transportation firms that specialize in areas of work desired (as noted in
the DBE directory) and which are located in the area or surrounding areas of the project. The
proposer should solicit this interest as early in the acquisition process as practicable to allow DBEs
to respond to the solicitation and submit a timely offer for the subcontract. The proposer should
determine with certainty if DBEs are interested by taking appropriate steps to follow-up initial
solicitations.
(3) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that
the DBE goal will be achieved. This includes, where appropriate, breaking out contract work items
into economically feasible units (for example smaller tasks or quantities) to facilitate DBE
participation, even when the prime consultant might otherwise prefer to perform these work items
with its own forces. This may include, where possible, establishing flexible time frames for
performance and delivery schedules in a manner that encourages and facilitates DBE participation.
(4) Providing interested DBEs with adequate information about the plans, specifications, and
requirements of the contract in a timely manner to assist them in responding to a solicitation with
their offer for a subcontract.
(5) Negotiating in good faith with interested DBEs. It is the proposer’s responsibility to make a
portion of the work available to the DBE subconsultants and suppliers, and to select those portions
of work or material needs consistent with the available DBE subconsultants and suppliers, so as to
facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and
telephone numbers of DBEs that were considered; a description of the information provided from
the plans and specifications for the work selected for subcontracting; and evidence as to why
additional agreements could not be reached for DBEs to perform work.
Pro forma mailings to DBEs requesting proposals are not alone sufficient to constitute good faith
negotiation.
A proposer using good business judgment would consider a number of factors in negotiating with
subconsultants, including DBE subconsultants, and would take a firm’s price and capabilities as
well as contract goals into consideration. However, the fact that there may be some additional
costs involved in finding and using DBEs is not in itself sufficient reason for a proposer’s failure to
meet the DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime
consultant to perform the work of a contract with its own organization does not relieve the proposer
of the responsibility to make good faith efforts. However, prime consultants are not required to
accept higher quotes from DBEs if the price difference is excessive or unreasonable.
Documentation, such as copies of all other proposals or quotes, must be submitted.
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Another practice considered an insufficient good faith effort is the rejection of the DBE because its
quotation for the work was not the lowest received. The consultant must submit copies of each
DBE and non-DBE subconsultant quote submitted to the proposer when a non-DBE subconsultant
was selected over a DBE for work on the contract. The Department may contact rejected DBEs as
part of its investigation. However, nothing in this paragraph shall be construed to require the
proposer or prime consultant to accept unreasonable quotes in order to satisfy contract goals.
(6) Not rejecting DBEs as being unqualified without sound reasons based on a thorough
investigation of their capabilities. The consultant’s standing within its industry, membership in
specific groups, organizations or associations and political or social affiliations (for example, union
vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of
proposals in the consultant’s efforts to meet the project goal. Consultant must submit
documentation of past performance and with input from the PM, consultant’s qualifications are then
reviewed for acceptance and approval.
(7) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
required by the recipient or consultant.
(8) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials,
or related assistance or services.
(9) Effectively using the services of available minority/women community organizations;
minority/women consultants’ groups; local, state, and Federal minority/women business assistance
offices; and other organizations as allowed on a case-by-case basis to provide assistance in the
recruitment and placement of DBEs.
In determining whether a proposer has made good faith efforts, the LPA/Subrecipient will review
the documented efforts of the consultant and will review the performance of other proposers in
meeting the contract goal.
A promise to use DBEs after contract award is not considered to be responsive to the contract
solicitation or to constitute good faith efforts.
The LPA/Subrecipient will evaluate the submittal and make a determination, with BECO
concurrence, whether in fact good faith efforts have been demonstrated consistent with the
specifications and the Federal regulations, 49 CFR 26, Appendix A.
14.02 Protest for Denied Good Faith Efforts:
If the LPA/Subrecipient, with BECO concurrence, determines that the proposer failed to make
adequate good faith efforts, the proposer may protest the determination by submitting an appeal in
writing to the ADOT State Engineer. The decision of the ADOT State Engineer is administratively
final.
The proposer whose proposal was rejected for failure to meet the goal or make GFE will be given
the opportunity to meet in person with the State Engineer, at the proposer’s written request
included in the protest, to discuss the issue of whether it met the goal or made adequate good faith
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efforts to do so. The State Engineer shall promptly consider any appeals and notify the
LPA/Subrecipient and all proposers in writing on its findings and decision.
In accordance with 49 CFR 26.53(d)(5), the result of the protest decision is not subject to
administrative appeal to the USDOT.
15.0 Rejection of Proposal:
If, for any reason, the proposer’s GFE is rejected or contract negotiations fail, the LPA/Subrecipient
will proceed with negotiating with the second highest ranked firm. The LPA/Subrecipient, will notify
the second highest ranked firm, and this firm shall submit its subsequent detailed submission as
set forth in the DBE Subsections 13 or 14.
16.0 Payment Reporting:
The consultant shall report on a monthly basis indicating the amounts paid to all subconsultants, of
all tiers, working on the project. Reporting shall be in accordance with Prompt Pay and Payment
Reporting requirements Attachment 1 of the contract specifications.
17.0 Crediting DBE Participation Toward Meeting Goals:
17.01 General Requirements:
To count toward meeting the goal, the DBE firms must be certified at the time of Cost Proposal
submission in each NAICS code applicable to the kind of work the firm will perform on the contract.
NAICS for each DBE can be found on the AZ UTRACS website. General descriptions of all NAICS
codes can be found at http://www.naics.com/search/.
Credit towards the consultant’s DBE goal is given only after the DBE has been paid for the work
performed.
The entire amount of a contract that is performed by the DBE’s own forces, including the cost of
supplies and materials purchased by the DBE for the work on the contract and equipment leased
by the DBE will be credited toward DBE participation. Supplies and equipment the DBE
subconsultant purchases or leases from the prime consultant or its affiliate will not be credited
toward DBE participation.
The consultant bears the responsibility to determine whether the DBE possesses the proper
consultant’s license(s) to perform the work and, if DBE credit is requested, that the DBE
subconsultant is certified for the requested type of work.
If a DBE cannot complete its work due to failure to obtain or maintain its licensing, the consultant
bears the responsibility to notify the LPA/Subrecipient, immediately after the consultant becomes
aware of the situation, and request approval to replace the DBE with another DBE. The consultant
shall follow the DBE termination/substitution requirements described in Subsection 22.0 of these
DBE provisions.
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The Department’s certification is not a representation of a DBE’s qualifications and/or abilities. The
consultant bears all risks that the DBE may not be able to perform its work for any reason.
A DBE may participate as a prime consultant, subconsultant, or as a vendor of materials or
supplies. The dollar amount of work to be accomplished by DBEs, including partial amount of a
lump sum or other similar item, shall be on the basis of subcontract, purchase order, hourly rate,
rate per ton, etc., as agreed to between parties.
DBE credit may be obtained only for specific work done for the project, supply of equipment
specifically for physical work on the project, or supply of materials to be incorporated in the work.
DBE credit will not be allowed for costs such as overhead items, capital expenditures (for example,
purchase of equipment), and office items.
The consultant may credit second-tier subcontracts issued to DBEs by non-DBE subconsultants.
Any second-tier subcontract to a DBE used to meet the goal must meet the requirements of a first-
tier DBE subcontract.
A prime consultant may credit the entire amount of that portion of a contract that is performed by
the DBE’s own forces. The cost of supplies and materials obtained by the DBE for the work of the
contract can be included so long as that cost is reasonable. Leased equipment may also be
included. No credit is permitted for supplies purchased or equipment leased from the prime
consultant or its affiliate(s).
When a DBE subcontracts a part of the work of its contract to another firm, the value of the
subcontract may be credited towards the DBE goal only if the DBE’s subconsultant is itself a DBE
and performs the work with its own forces. Work that a DBE subcontracts to a non-DBE firm does
not count toward a DBE goal.
A prime consultant may credit the entire amount of fees or commissions charged by a DBE firm for
providing a bona fide service, such as professional, technical, consulting, or managerial services,
or for providing bonds or insurance specifically required for the performance of a USDOT-assisted
contract, provided the fees are reasonable and not excessive as compared with fees customarily
allowed for similar services.
17.02 DBE Prime Consultant:
When a certified DBE firm proposes on a contract that contains a DBE goal, the DBE firm is
responsible for meeting the DBE goal on the contract or making good faith efforts to meet the goal,
just like any other proposer. In most cases, a DBE proposer on a contract will meet the DBE goal
by virtue of the work it performs on the contract with its own forces. However, all the work that is
performed by the DBE proposer or any other DBE subconsultants and DBE suppliers will count
toward the DBE goal. The DBE proposer shall list itself along with any DBE subconsultants and
suppliers, on the DBE Intended Participation Affidavit Individual and Summary in order to receive
credit toward the DBE goal.
17.03 Effect of Loss of DBE Eligibility:
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If a DBE is deemed ineligible (decertified) or suspended in accordance with 49 CFR 26.87 and
26.88, the DBE may not be considered to meet a contract goal on a new contract, but may be
considered to meet the contract goal under a subcontract that was executed before the DBE
suspension or decertification is effective.
When the consultant makes a commitment to use an ineligible DBE firm or the LPA/Subrecipient,
made a commitment to use an ineligible DBE prime consultant, but a subcontract or contract has
not been executed before a decertification notice is issued to the DBE firm by its certifying agency,
the ineligible firm does not count toward the contract goal. The consultant must meet the contract
goal with an eligible DBE firm or demonstrate good faith effort. When a subcontract is executed
with the DBE firm before the Department notified the firm of its ineligibility, the consultant may
continue to use the firm on the contract and may continue to receive credit toward the DBE goal for
the firm’s work.
17.04 Notifying the Consultant of DBE Certification Status:
Each DBE contract at any tier shall require any DBE subconsultant or supplier that is either
decertified or certified during the term of the contract to immediately notify the consultant and all
parties to the DBE contract in writing, with the date of decertification or certification. The consultant
shall require that this provision be incorporated in any contract of any tier in which a DBE is a
participant.
17.05 Police Officers:
DBE credit will not be permitted for procuring DPS officers. For projects on which officers from
other agencies are supplied, DBE credit will be given only for the broker fees charged, and will not
include amounts paid to the officers. The broker fees must be reasonable.
17.06 Commercially Useful Function:
A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the
DBE performs a Commercially Useful Function (CUF).
A DBE performs a 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.
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If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its
contract with its own work force, or if the DBE subcontracts a greater portion of the work of a
contract than would be expected on the basis of normal industry practice for the type of work
involved, LPA/Subrecipient will presume that the DBE is not performing a commercially useful
function.
When a DBE is presumed not to be performing a commercially useful function as provided above,
the DBE may present evidence to rebut this presumption. The Department will determine if the
firm is performing a CUF given the type of work involved and normal industry practices.
The LPA/Subrecipient will notify the consultant, in writing, if it determines that the consultant’s DBE
subconsultant is not performing a CUF. The consultant will be notified within seven calendar days
of the LPA/Subrecipient’s decision.
Decisions on CUF may be appealed to the ADOT BECO. The appeal must be in writing and
personally delivered or sent by certified mail, return receipt requested, to the ADOT BECO. The
appeal must be received by ADOT BECO no later than seven calendar days after the
LPA/Subrecipient’s decision. LPA/Subrecipient’s decision remains in place unless and until the
ADOT BECO reverses or modifies LPA/Subrecipient’s decision. ADOT BECO will promptly
consider any appeals under this subsection and notify the consultant of the ADOT BECO findings
and decisions. Decisions on CUF matters are not administratively appealable to USDOT.
The LPA/Subrecipient may conduct project site visits on the contract to confirm that DBEs are
performing a CUF. The consultant shall cooperate during the site visits and the LPA/Subrecipient
staff will make every effort not to disrupt work on the project.
18.0 Effect of Contract Changes:
The consultant acknowledges that uncertainties can occur during the performance of the work and
if for any reason it becomes apparent that the DBE goal will not be met then the consultant shall:
(1) immediately notify the LPA/Subrecipient of the potential or actual decrease in DBE
compensation, and (2) make good faith efforts to obtain DBE participation to meet or exceed the
project DBE goal. Good faith efforts required under the provisions of this section may vary,
depending on the time available, the nature of the change, and other factors as determined by
LPA/Subrecipient.
LPA/Subrecipient will approve or deny the consultant’s good faith efforts with BECO concurrence.
The consultant is not required to take work committed to another subconsultant and assign it to a
DBE subconsultant in order to meet the committed DBE percentage.
If the resulting change increases the scope or quantity of work being done by a DBE
subconsultant, the DBE shall be given the opportunity to complete the additional work and receive
additional compensation beyond their original subcontract amount.
19.0 DBE Participation Above the Goal (Race-Neutral Participation):
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Additional DBE participation above the DBE participation required to meet the contract DBE goal is
an important aspect of the Department’s DBE program. The consultant is strongly encouraged to
use additional DBEs above the DBE goal requirement in the contract to assist the Department in
meeting its overall DBE goal and help the Department to meet the maximum feasible portion of its
DBE goals through race neutral participation as outlined in 49 CFR Part 26.
There are fewer administrative requirements on the part of the consultant when using race neutral
DBEs (DBEs not listed on the DBE Intended Participation Affidavit Summary). For example, if a
DBE is not listed on the DBE Intended Participation Affidavit Summary, the DBE does not have to
submit an Affidavit, and the subcontract approval process follows the same process of any other
subcontract. The consultant does not have to replace the DBE with another DBE subconsultant if
the DBE fails to perform. Therefore, these DBEs are treated as any other subconsultant on the
project.
20.0 Required Provisions for DBE Subcontracts:
All subcontracts of any tier, all supply contracts, and any other contracts in which a DBE is a
participant shall include as a physical attachment, DBE Subconsultant Compliance Assurances
available from the LPA/Subrecipient and all of the Uniform Terms and Conditions set forth in other
sections of this contract.
Consultants executing agreements with subconsultants, DBE or non-DBE, that materially modify
federal regulation and state statutes such as, prompt payment and retention requirements, through
subcontract terms and conditions will be found in breach of contract which may result in termination
of the contract, or any other such remedy as the LPA/Subrecipient and ADOT deem appropriate as
outlined in DBE Subsection 2.0.
The LPA/Subrecipient reserves the right to conduct random reviews of DBE and non-DBE
subcontract documentation to ensure compliance with federal requirements.
The consultant shall ensure that all subcontracts or agreements with DBEs to supply labor or
materials require that the subcontract and all lower tier subcontracts be performed in accordance
with 49 CFR Part 26 provisions.
The Consultant shall provide electronic copies of signed subcontract agreements for all DBE
Subconsultants listed on the DBE Intended Participation Affidavit Summary by uploading them
within 15 calendar days of an approved contract to the LPA DBE System.
21.0 Contract Performance:
Contract items of work designated by the consultant to be awarded to DBEs shall be performed by
the designated DBE or a LPA/Subrecipient, with BECO concurrence, approved DBE substitute.
The Consultant or a non-DBE Subconsultant shall not perform DBE contract work items without
prior approval by LPA/Subrecipient, with BECO concurrence. The DBE must perform a
commercially useful function; that is, the DBE must manage, perform, and supervise a distinct
element of work.
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The consultant is required to use DBEs identified in the SOQ to meet the contract goal, so the
prime consultant is responsible for ensuring that the DBEs are available to meet scheduling, work
and other requirements on the contract.
The LPA/Subrecipient will visit the consultant’s office to conduct reviews to ensure compliance with
CUF and other DBE requirements. The reviews may include, among other activities, interview of
DBEs and their employees and the consultant and its employees. The consultant shall cooperate
in the review and make its employees available. The consultant shall inform the LPA/Subrecipient
in advance when each DBE will be working on the project to help facilitate reviews.
The LPA/Subrecipient reserves the right to request and inspect all records of the consultant and all
records of the DBEs and non-DBE subconsultants concerning this contract. The consultant must
make available a copy of all documents related to all contracts the LPA/Subrecipient upon request.
Use of every DBE listed on the DBE Intended Participation Affidavit Summary is a condition of this
contract. The consultant shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed on the DBE Intended Participation Affidavit Summary unless the
consultant obtains written consent from the LPA/Subrecipient with BECO concurrence. The
consultant shall not be entitled to any payment for work or material that is not performed or
supplied by the listed DBE unless the consultant obtains written consent from the LPA/Subrecipient
with BECO concurrence.
22.0 DBE Termination/Substitution:
22.01 General Requirements:
The consultant shall make all reasonable efforts to avoid terminating or substituting a DBE listed on
the DBE Intended Participation Affidavit Summary. At a minimum, the consultant shall negotiate in
good faith, give timely notices and/or extend deadlines to the extent that it will not jeopardize the
contract with the LPA/Subrecipient. Reasonable methods to resolve performance disputes must be
applied and documentation provided to the LPA/Subrecipient before attempting to substitute or
terminate a DBE.
22.02 Consultant Notice of Termination/Substitution:
All terminations, substitutions, and reductions in scope of work to be performed by DBEs listed on
the DBE Intended Participation Affidavit Summary must be approved in writing by the
LPA/Subrecipient, with BECO concurrence and by means of the executed contract modification.
The consultant shall contact the LPA/Subrecipient within 24 hours from the first sign of any reason
for potential DBE termination/substitution.
The consultant shall not terminate a DBE subconsultant listed on the DBE Intended Participation
Affidavit Summary or complete the work contracted to the DBE with its own forces or with a non-
DBE firm without the LPA/Subrecipient written consent and BECO concurrence. Before submitting
a formal request to the LPA/Subrecipient for DBE termination/substitution, the consultant shall give
written notice to the DBE subconsultant with a copy to the LPA/Subrecipient of its intent to
Contract No. 2021-045
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terminate or substitute the DBE identifying the reason for the action. The DBE shall be allowed a
minimum of five calendar days to respond to the consultant’s notice advising the consultant, the
LPA/Subrecipient of its position. Before making a determination for approval regarding the
consultant’s termination and substitution request, the LPA/Subrecipient, with BECO concurrence,
will consider both the consultant’s request and the DBE firm’s response.
22.03 Consultant Request of Termination/Substitution:
The consultant shall formally request the termination or substitution of a DBE listed on the DBE
Intended Participation Affidavit Summary by submitting the DBE Termination/Substitution Request
Form and supporting documentation to the LPA/Subrecipient; form is available from the
LPA/Subrecipient. The submission shall include the following information:
1) The date the consultant determined the DBE to be unwilling, unable or ineligible to perform.
2) A brief statement of facts describing the situation and citing specific actions or inaction by the
DBE firm giving rise to consultant’s assertion that the DBE firm is unwilling, unable, or ineligible to
perform.
3) A brief statement of the good faith efforts undertaken by the consultant to enable the DBE firm to
perform.
4) The total dollar amount currently paid for work performed by the DBE firm.
5) The total dollar amount remaining to be paid to the DBE firm for work completed, but for which
the DBE firm has not received payment, and over which the consultant and the DBE firm have no
dispute.
6) The remaining work that has not been completed by the DBE and the corresponding dollar
amount
7) The projected date that the consultant requires a substitution or replacement DBE to commence
work, if consent is granted to the request.
Written consent for terminating the performance of any DBE listed on the DBE Intended
Participation Affidavit Summary will be granted only where the consultant can demonstrate good
cause showing that the DBE is unable, unwilling, or ineligible to perform. Such written consent to
terminate any DBE shall concurrently constitute written consent to substitute or replace the
terminated DBE. Termination or substitution of a DBE listed on the DBE Intended Participation
Summary will not be allowed based solely on a consultant's ability to negotiate a more
advantageous contract with another subconsultant. Prior to making a determination for approval
regarding the consultant’s termination and substitution request, the LPA/Subrecipient, with BECO
concurrence, will consider both the consultant’s request and the DBE firm’s response.
Any requests for substitutions or terminations of DBEs shall be made on the forms provided by
LPA/Subrecipient.
22.04 Good Cause:
The LPA/Subrecipient, with BECO concurrence, will make the determination of good cause by
providing written consent to the consultant after evaluating the consultant’s good cause to
terminate or substitute a DBE firm. Good cause for this purpose includes the following in relation to
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the listed DBE subconsultant:
1. Fails or refuses to execute a written contract.
2. Fails or refuses to perform the work of its subcontract in a way consistent with normal industry
practice standards. However, good cause does not exist if the failure or refusal of the DBE
subconsultant to perform its work on the subcontract results from the bad faith or discriminatory
action of the prime consultant.
3. Fails or refuses to meet the prime consultant’s reasonable, nondiscriminatory insurance/bond
requirements.
4. Becomes bankrupt, insolvent, or exhibits credit unworthiness.
5. Is ineligible to work on public works projects because of suspension and debarment proceedings
pursuant to federal or state law.
6. Is not a responsible consultant.
7. Voluntarily withdraws from the project and provides written notice of its withdrawal to the
LPA/Subrecipient.
8. Is ineligible to receive DBE credit for the type of work required
9. A DBE owner dies or becomes disabled with the result that the firm is unable to complete its
work on the contract.
10. Other documented good cause that the LPA/Subrecipient determines compels the termination
or substitution of the DBE subconsultant.
If good cause is determined, the LPA/Subrecipient and will notify the Consultant of the decision
and necessary modifications to the contract can be made.
22.05 DBE Replacement Good Faith Effort:
If the LPA/Subrecipient, with BECO concurrence, approves the termination of a DBE, the
consultant shall make good faith efforts to find another DBE subconsultant to substitute for the
original DBE. The good faith efforts as identified in DBE Subsection 17.0 shall be directed at
finding another DBE to perform at least the same amount of work under the contract as the DBE
that was terminated, to the extent needed to meet the contract goal. The good faith efforts shall be
documented and provided, upon request, to the LPA/Subrecipient within seven calendar days from
the date of the request.
A prime consultant’s inability to find a replacement DBE at the original price is not alone sufficient
to support a finding that good faith efforts have been made to replace the original DBE. The fact
that the consultant has the ability and/or desire to perform the contract work with its own forces
does not relieve the consultant of the obligation to make good faith efforts to find the replacement
DBE, and it is not a sound basis for rejecting a perspective replacement DBE’s reasonable quote.
The termination of a DBE firm shall not relieve the consultant of its obligations under this Special
Provision, and the unpaid portion of the terminated DBE firm’s subcontract will not be counted
toward the DBE goal. If the LPA/Subrecipient has eliminated items of work subcontracted to a
committed DBE, the prime consultant shall still make good faith efforts to replace the DBE with
another DBE to the extent necessary to meet the goal. The LPA/Subrecipient will review the
quality, thoroughness, and intensity of those efforts.
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When a DBE substitution has been approved by the LPA/Subrecipient and concurred by BECO,
the consultant shall submit an amended DBE Intended Participation Affidavit Individual and
Intended Participation Affidavit Summary to the LPA/Subrecipient for approval with the substitute
DBE's name, description of work, NAICS code, AZ UTRACS registration number, and dollar value
of work. Approval from LPA/Subrecipient with BECO concurrence must be obtained prior to the
execution of a contract modification and before substituted DBE can begin work.
22.06 Sanctions:
Failure by the consultant to carry out the requirements of these DBE Termination/Substitution
specifications is a material breach of contract and will result in such remedies as LPA/Subrecipient
deems appropriate, with ADOT concurrence, which will include, but are not limited to the
assessment of liquidated damages. The LPA/Subrecipient will deduct from monies due or
becoming due the consultant, the dollar amount of the wrongfully substituted/replaced DBE
subcontract plus 25% of the amount remaining to be paid to the DBE as liquidated damages.
These liquidated damages shall be in addition to all other retention or liquidated damages provided
for elsewhere in the contract.
23.0 Certification of Final DBE Payments:
The consultant’s achievement of the goal is measured by actual payments made to the DBEs. The
consultant shall submit the “Certification of Final DBE Payments” form for each DBE firm working
on the contract. This form shall be signed by the consultant and the relevant DBE, and submitted to
the LPA/Subrecipient no later than 30 days after the DBE completes its work.
The LPA/Subrecipient and ADOT will use this certification and other information available to
determine applicable DBE credit allowed to date by the Prime Consultant and the extent to which
the DBE firms were fully paid for that work. By the act of filing the forms, the consultant
acknowledges that the 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.
24.0 Sanctions for Not Meeting Contract DBE Goal:
If the LPA/Subrecipient determines, with BECO concurrence, that the consultant has not met the
DBE goal at the end of the contract, the LPA/Subrecipient will, at its discretion, may assess
liquidated damages up to two times the amount of the unattained portion of the original DBE goal,
based on the circumstances of the noncompliance. Not meeting the DBE goal will also be reflected
in the consultant evaluation.
The LPA/Subrecipient, with BECO concurrence, will determine whether liquidated damages will be
assessed and the amount of the liquidate damages, the LPA/Subrecipient will consider whether
there have been other violations on this or other contracts, whether the failure was due to
circumstances beyond the control of the consultant, whether the consultant has made good faith
Contract No. 2021-045
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efforts to meet the goal, and other appropriate circumstances.
In addition to any other sanctions, willful failure of the consultant, DBE or other subconsultant to
comply with this contract or with the Federal DBE regulations may result in disqualification from
further contracting, subcontracting, or other participation in the Department’s and LPA/Subrecipient
projects.
25.0 False, Fraudulent, or Dishonest Conduct:
In addition to any other remedies or actions, the Department will bring to the attention of the US
Department of Transportation any appearance of false, fraudulent, or dishonest conduct in
connection with the DBE program, so that USDOT can take steps such as referral to the
Department of Justice for criminal prosecution, referral to the USDOT Inspector General for
possible initiation of suspension and debarment proceedings against the offending parties or
application of “Program Fraud and Civil Penalties” rules provided in 49 CFR Part 31.
SECTION XXXVI—ENVIRONMENTAL PROTECTION
CONSULTANT is required to comply with all applicable standards, orders or requirements issued
under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part
15) which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on
the EPA list of Violating Facilities. Violations shall be reported to the Federal Highway Administration
and to the U.S.E.P.A. Assistant Administrator for Enforcement (EN-329).
SECTION XXXVII—ENERGY CONSERVATION
CONSULTANT is required to comply with mandatory standards and policies, as applicable, relating to
energy efficiency which are contained in the State Energy Conservation Plan issued by the State of
Arizona in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
SECTION XXXVIII - PATENTS AND COPYRIGHTS
All services, information, computer program elements, reports and other deliverables which
might be patented or copyrighted and created under this Contract are the property of the
COUNTY and shall not be used or released by the CONSULTANT or any other person except
with the prior written approval by the COUNTY.
SECTION XXXIX - FRAUD AND FALSE STATEMENTS
The CONSULTANT understands that, if the project which is the subject of this Contract is
financed in whole or in part by federal funds, that if the undersigned, the company that the
CONSULTANT represents, or any employee or agent thereof, knowingly makes any false
statement, representation, report or claim as to the character, quality, quantity, or cost of
material used or to be used, or quantity or quality work performed or to be performed, or makes
any false statement or representation of a material fact in any statement, certificate, or report,
the CONSULTANT and any company that the CONSULTANT represents may be subject to
prosecution under the provision of 18 USC §1001 and §1020.
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SECTION XL - FEDERAL IMMIGRATION AND NATIONALITY ACT
A. GENERAL
The CONSULTANT, 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
The COUNTY retains the legal right to inspect the papers or records of the CONSULTANT
and its Subconsultants who works on this Contract to ensure compliance with A.R.S.
§41-4401, Government Procurement, E-Verify Requirements; Sanctions.
By s u b m i s s i o n of an SOQ proposal, the CONSULTANT warrants that the
CONSULTANT and all proposed Subconsultant(s) are and shall remain in compliance
with:
1. All federal, state and local immigration laws and regulations relating to the immigration
status of their employees who perform services on the Contract; and
2. A.R.S. §23-214 (A) which states “After December 31, 2007, every employer, after
hiring an employee, shall verify the employment eligibility of the employee through
the e-verify program and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer.”
A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the Contract, and the CONSULTANT and its Subconsultant(s)
are subject to sanctions specified in Section D below.
Failure to comply with a COUNTY audit process to randomly verify the employment records
of CONSULTANT and Subconsultants shall be deemed a material breach of the Contract,
and the CONSULTANT and Subconsultants are subject to sanctions specified in Section D
below.
C. COMPLIANCE VERIFICATION
The COUNTY may, at its sole discretion, require evidence of compliance from
the CONSULTANT and its Subconsultant(s).
Should the COUNTY request evidence of compliance, the CONSULTANT shall complete
and return the Consultant Employment Record Verification Form and Employee Verification
Worksheet provided by the COUNTY, no later than 21 days from receipt of the request for
such information.
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Listing of the compliance verification procedure specified above does not preclude the
COUNTY from utilizing other means to determine compliance.
The COUNTY retains the legal right to inspect the papers of any employee who works on
the Contract to ensure that the CONSULTANT and its Subconsultant(s) is/are complying
with the warranty specified in this.
D. SANCTIONS FOR NONCOMPLIANCE
For purposes of this paragraph, noncompliance refers to either the CONSULTANTs or its
Subconsultants’ failure to follow the immigration laws or to the CONSULTANT’s failure
to provide records when requested. Failure to comply with the immigration laws or to
submit proof of compliance constitutes a material breach of Contract. At a minimum, the
COUNTY shall reduce the CONSULTANT’s compensation by $10,000 for the initial
instance of noncompliance by the CONSULTANT or its Subconsultant(s). If the same
CONSULTANT or its Subconsultant(s) is in noncompliance within two (2) years from the
initial noncompliance, the CONSULTANT’s compensation shall be reduced by a minimum
of $10,000 for each instance of noncompliance. The third instance by the same
CONSULTANT or its Subconsultant(s) within a two (2) year period may result in addition to
the minimum $50,000 reduction in compensation, in removal of the offending
CONSULTANT or its Subconsultant(s), suspension of work in whole or in part or, in the
case of a third violation by the CONSULTANT, termination of the Contract for default.
Instances of noncompliance are counted on a firm-wide basis, not on a contract-by-contract
basis.
In addition, the COUNTY may declare the CONSULTANT or its Subconsultant(s) who is in
noncompliance three times within a two (2) year period ineligible to perform on any
COUNTY Contract for up to one (1) year. For purposes of considering a declaration of
ineligibility: (1) noncompliance by a Subconsultant does not count as a violation by the
CONSULTANT; and (2) the COUNTY shall count instances of noncompliance on other
COUNTY Contracts.
The sanctions described herein are the minimum sanctions. In case of major violations,
the COUNTY reserves the right to impose any sanctions including and up to termination
and debarment, regardless of the number of instances of non-compliance.
Any delay resulting from compliance verification or a sanction under this subsection is a
non-excusable delay. The CONSULTANT is not entitled to any compensation or
extension of time for any delays or additional costs resulting from compliance verification
or a sanction under this Section.
An example of the minimum sanctions under this subsection is presented
in the table below:
Offense by:
Minimum
Reduction in
Compensation
Consultant
Subconsultant A
Subconsultant B
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Page 47
First
$10,000
First
$10,000
Second
$50,000
First
$10,000
Third
$50,000*
* May, in addition, result in removal and debarment of the Subconsultant.
SECTION XLI - PANDEMIC CONTRACTUAL PERFORMANCE
A. The COUNTY shall require a written plan that illustrates how the CONSULTANT shall
perform up to contractual standards in the event of a pandemic. The COUNTY may require
a copy of the plan at any time prior to or at post-award phase of the Contract. At a
minimum, the pandemic performance plan shall include:
1. Key succession and performance planning if there is a sudden significant decrease
in the CONSULTANT’s workforce.
2. Alternative methods to ensure adequate work force.
3. An updated list of the CONSULTANT’s contacts and organizational chart.
B. In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government
or the World Health Organization (WHO), which makes performance of any term under
this Contract impossible or impracticable, the COUNTY shall have the following rights:
1. After the official declaration of a pandemic, the COUNTY may temporarily place the
Contract(s) on “HOLD,” in whole or in part, if the CONSULTANT cannot perform to the
standards agreed upon in the initial terms.
2. The COUNTY shall not incur any liability if a pandemic is declared and emergency
procurements are authorized by the Chief Procurement Officer pursuant to MC1-353 of
the Maricopa County Procurement Code.
3. Once the pandemic is officially declared over or the CONSULTANT can demonstrate
the ability to perform, the COUNTY, at its sole discretion may reinstate the temporarily
voided Contract(s).
C. The COUNTY, at any time, may request to see a copy of the written plan from the
CONSULTANT. The CONSULTANT shall produce the written plan within 72 hours of the
request.
SECTION XLII - PERFORMANCE EVALUATIONS
The CONSULTANT’s performance shall be evaluated periodically in accordance with the
schedule set forth in APPENDIX D of this Contract. Final Consultant evaluations for Contracts
executed after July 1, 2015, shall be considered in the future CONSULTANT selection
process as outlined in the Appendix.
SECTION XLIII- CONTRACT COMPLETION
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When technical review establishes that all phases of the Contract have been completed to
the satisfaction of the COUNTY, a written concurrence is completed and signed by the
COUNTY to initiate the Contract closeout phase. The CONSULTANT is notified, in writing, of
the final closeout procedure which may include submittal of the final Payment Report,
deliverables and the final audit, if applicable, of the CONSULTANT and all Subconsultant’s
records. The CONSULTANT shall submit all required deliverables as detailed in the Contract.
SECTION XLIV – INFLUENCE
As prescribed in 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,
That is offered or given with the intent to influence a decision, obtain a contract, garner favorable
treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
SECTION XXLV - INSURANCE REQUIREMENTS
CONSULTANT, at CONSULTANT's own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of A7. In lieu of State of Arizona licensing, the
stipulated insurance may be purchased from a company or companies, which are authorized to do
business in the State of Arizona, provided that said insurance companies meet the approval of
COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY.
All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of the contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of
this contract.
CONSULTANT’s insurance shall be primary insurance as respects COUNTY, and any insurance
or self-insurance maintained by COUNTY shall not contribute to it.
CONSULTANTS’ certificate(s) shall include all subconsultants as insured under its policies or the
CONSULTANT shall furnish to MCDOT separate certificates and endorsements for each
subconsultant. All coverages for subconsultants shall be subject to the minimum requirements
Contract No. 2021-045
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identified for the consultant. The State of Arizona reserves the right to require complete copies of
all insurance policies required by this Contract at any time.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of
an insurance policy warranty shall not affect the COUNTY’s right to coverage afforded under the
insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions.
Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage
provided to COUNTY under such policies. CONSULTANT shall be solely responsible for the
deductible and/or self-insured retention and COUNTY, at its option, may require CONSULTANT to
secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
COUNTY reserves the right to request and to receive, within 10 working days, certified copies of
any or all of the herein required insurance policies and/or endorsements. COUNTY shall not be
obligated, however, to review such policies and/or endorsements or to advise CONSULTANT of
any deficiencies in such policies and endorsements, and such receipt shall not relieve
CONSULTANT from, or be deemed a waiver of COUNTY’s right to insist on strict fulfillment of
CONSULTANT’s obligations under this contract.
The insurance policies required by this contract, except Workers’ Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials,
employees, Arizona Department of Transportation, and State of Arizona as Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and Omissions, shall
contain a waiver of transfer of rights of recovery (subrogation) against COUNTY, its agents,
representatives, officers, directors, officials and employees for any claims arising out of
CONSULTANT’s work or service.
CONSULTANT is required to procure and maintain the following coverages:
1.
Commercial General Liability. Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence,
$4,000,000 Products/Completed Operations Aggregate, $2,000,000 Personal & Advertising
Injury, and $4,000,000 General Aggregate Limit. The policy shall include coverage for bodily
injury, broad form property damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provision which would serve to limit
third party action over claims. There shall be no endorsement or modification of the CGL
limiting the scope of coverage for liability arising from explosion, collapse, or underground
property damage.
2.
Automobile Liability. Commercial/Business Automobile Liability insurance and, if
unnecessary, Commercial Umbrella insurance with a combined single limit for bodily injury and
property damage of not less than $2,000,000 each occurrence with respect to any of the
CONSULTANT’s owned, hired, and non-owned vehicles assigned to or used in performance
of the CONSULTANT’s work or services under this contract.
Contract No. 2021-045
Page 50
3.
Workers’ Compensation. Workers’ Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of CONSULTANT’s employees engaged in the
performance of the work or services under this contract; and Employer’s Liability insurance of
not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
CONSULTANT waives all rights against COUNTY and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the Workers’
Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by
CONSULTANT pursuant to this agreement.
4.
Errors and Omissions Insurance.
Errors and Omissions insurance and, if
necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors
or omissions of the CONSULTANT, with limits of no less than $2,000,000 for each claim.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this contract, CONSULTANT shall furnish COUNTY
with Certificates of Insurance in a form acceptable to COUNTY, or formal endorsements as
required by the contract in the form provided by the COUNTY, issued by CONSULTANT’s
insurer(s), as evidence that policies providing the required coverages, conditions and limits
required by this contract are in full force and effect. Such certificates shall identify this contract
number and title.
In the event any insurance policy(ies) required by this contract is (are) written on a “claims made”
basis, coverage shall extend for two years past completion and acceptance of CONSULTANT’s
work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the contract, a renewal certificate must be sent to COUNTY
fifteen (15) days prior to the expiration date.
CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30)
days prior written notice to COUNTY.
SECTION XLVI – TITLE VI
The Maricopa County Department of Transportation, in accordance with the provisions of Title VI of
the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby
notifies all advertisement, disadvantaged business enterprises will be afforded full and fair
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.
Contract No. 2021-045
Page 51
SECTION XLVII – 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.
(END OF SECTION)
Contract No. 2021-045
Page 52
In WITNESS WHEREOF, the parties herein have executed this Contract.
BURGESS & NIPLE, INC.
By_____________________________
Principal of the Firm
_______________________________
Printed Name
_______________________________
Title
_______________________________
Date
_______________________________
Tax Identification Number
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY
By_______________________________
Jennifer Toth, P.E.
Transportation Director/County Engineer
Date______________________________
LEGAL REVIEW
ACCEPTED AND APPROVED
Approved as to form and within the
Powers and authority granted under the
By_______________________________
Laws of the State of Arizona to
Chairman, Board of Supervisors
Maricopa County.
ATTEST
____________________________________
________________________________________
Deputy County Attorney
Clerk of the Board
Date_________________________________
Date___________________________________
Prompt Pay and Payment Reporting Provisions- 1/5
CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS
PROMPT PAY AND PAYMENT REPORTING PROVISIONS
** FOR USE ON LPA FEDERAL AID PROJECTS **
(09/20/2016)
MEASUREMENTS AND PAYMENT:
Partial Payments:
If satisfactory progress is being made, the contractor will receive a payment based on the
amount of work completed. Progress payments may be made by the LPA/ Subrecipient
Procurement Office to the contractor on the basis of an approved estimate of the work
performed during a preceding period of time. The progress payments shall be paid on or
before 14 days after the estimate of the work is approved. The estimate of the work shall be
deemed received by the LPA/Subrecipient Procurement Office on submission to the person
designated by the LPA/Subrecipient Procurement Office for the submission, review or
approval of the estimate of the work. The LPA/Subrecipient Procurement Office by mutual
agreement may make progress payments on contracts of less than 90 days and shall make
monthly progress payments on all other contracts. Payment to the contractor on the basis of
a duly certified and approved estimate of the work performed during the preceding calendar
month under the contract may include payment for material and equipment.
An estimate of the work submitted shall be deemed approved and certified for payment after
seven days from the date of submission unless before that time the LPA/Subrecipient
Procurement Office or Designee prepares and issues a specific written finding setting forth
those items in detail in the estimate of the work that are not approved for payment under the
contract. The contractor shall work with the LPA/Subrecipient or the LPA/Subrecipient
Designee to finalize monthly estimate. The progress payments shall be paid on or before
14 days after the estimate of the work is certified and approved in accordance with Arizona
Revised Statutes Section 34-221.
The contractor shall pay to the contractor's subcontractors or material suppliers and each
subcontractor shall pay to the subcontractor's subcontractor or material supplier, within
seven days of receipt of each progress payment the respective amounts allowed the
contractor or subcontractor on account of the work performed by the subcontractors, to the
extent of each subcontractor's interest, except that no contract for construction services may
materially alter the rights of any contractor, subcontractor or material supplier to receive
prompt and timely payment.
A subcontractor may notify the LPA/Subrecipient Procurement Office in writing requesting
that the subcontractor be notified by the Subrecipient Procurement Office in writing within
five days from payment of each progress payment made to the contractor.
Attachment 1
Prompt Pay and Payment Reporting Provisions- 2/5
Subcontractor Payments:
(1)
Retention:
If the prime contract does not provide for retention, the contractor and each subcontractor of
any tier shall not withhold retention on any subcontract. If the prime contract provides for
retention, the prime contractor and each subcontractor of any tier shall not retain a higher
percentage than the LPA/Subrecipient may retain under the prime contract.
(2)
No Set-offs Arising from Other Contracts:
If a subcontractor is performing work on multiple contracts for the same contractor or
subcontractor of any tier, the contractor or subcontractor of any tier shall not withhold or
reduce payment from its subcontractors on the contract because of disputes or claims on
another contract.
(3)
Partial Payment:
The contractor and each subcontractor of any tier shall make prompt partial payments to its
subcontractors within seven days of receipt of payment from the LPA/Subrecipient
Procurement Office. Notwithstanding any provision of Arizona Revised Statutes Section 34-
221, the parties may not agree otherwise.
(4)
Final Payment:
The contractor and each subcontractor of any tier shall make prompt final payment to each
of its subcontractors. The contractor and each subcontractor of any tier shall pay all
monies, including retention, due to its subcontractor within seven days of receipt of
payment. Notwithstanding any provision of Arizona Revised Statutes Section 34-221, the
parties may not agree otherwise.
(5) Payment Reporting:
For the purposes of this subsection “Reportable Contracts” means any subcontract, of any
tier, DBE or non-DBE, by which work shall be performed on behalf of the contractor and any
contract of any tier with a DBE material supplier.
The requirements of this subsection apply to all Reportable Contracts.
Payment Reporting for all Reportable Contracts shall be done through the LPA DBE System
which can be accessed at AZ UTRACS on the Arizona Transportation Business Portal at
www.azutracs.com. No later than fifteen calendar days after the preconstruction conference,
the contractor shall log into the system and enter or verify the name, contact information,
and subcontract amounts for Reportable Contracts on the project. As Reportable Contracts
are approved over the course of the contract, the contractor shall enter the subcontractor
information in the LPA DBE System. Reportable contracts information shall be entered into
Prompt Pay and Payment Reporting Provisions- 3/5
the system no later than five calendar days after approval by the LPA/Subrecipient
Procurement Office.
The contractor shall report on a monthly basis indicating the amounts actually paid and the
dates of each payment under any Reportable Contract on the project. The contractor shall
provide information for payments made on all Reportable Contracts during the previous
month by the last day of the current month. In the event that no payments were made during
a given month, the contractor shall identify that by entering a dollar value of zero. If the
contractor does not pay the full amount of any invoice from a subcontractor, the contractor
shall note that and provide the reasons in the comment section of the Monthly Payment
Audit of the LPA DBE System.
In addition, the contractor shall require that all participants in any Reportable Contract
electronically verify receipt of payment on the contract within 15 days of receipt of electronic
payment notification and the contractor shall actively monitor the system to ensure that the
verifications are input. The contractor shall proactively work to resolve any payment
discrepancies in the system between payment amounts it reports and payment confirmation
amounts reported by others.
The contractor shall ensure that all Reportable Contract payment activity is in the LPA DBE
System. This includes all lower-tier Reportable Contracts.
The contractor shall maintain records for each payment explaining the amount requested by
the subcontractor, and the amount actually paid pursuant to the request, which may include
but are not limited to, estimates, invoices, pay requests, copies of checks or wire transfers,
and lien waivers in support of the monthly payments in the system.
The contractor shall ensure that a copy of this Subsection is included in every Reportable
Contract of every tier.
(a)
Sanctions for Inadequate Reporting:
For each Reportable Contract on which the contractor fails to submit timely and complete
payment information the LPA/Subrecipient Procurement Office will retain $1,000.00 as
liquidated damages, from the monies due to the contractor. Liquidated damages will be
deducted each month for each Reportable Contract on which the contractor fails to submit
payment information until the contractor provides the required information as described
herein. After 90 consecutive days of non-reporting, the liquidated damages will increase to
$2,000.00 for each subsequent month, for each Reportable Contract on which the
contractor fails to report until the information is provided. These liquidated damages shall
be in addition to all other retention or liquidated damages provided for elsewhere in the
contract.
(6) Completion of Work:
A subcontractor's work is satisfactorily completed when all the tasks called for in the
subcontract have been accomplished, documented, and accepted by the LPA/Subrecipient
Procurement Office.
Prompt Pay and Payment Reporting Provisions- 4/5
(7) Disputes:
If there is a discrepancy between what is reported by the contractor in the LPA DBE System
and what the subcontractor indicates, an alert email will automatically be sent to the
contractor. The email will be sent to the email address provided by the contractor in the
LPA DBE System. It is the contractor’s responsibility to ensure that the email address in the
system is kept current.
The contractor shall provide a verifiable explanation of the discrepancy in the LPA DBE
System as early as practicable but in no case later than seven days after the date of the
alert email.
The LPA/Subrecipient will determine whether the contractor has acted in good faith
concerning any such explanations. The LPA/Subrecipient and ADOT BECO reserves the
right to request and receive documents from the contractor and all subcontractors of any
tier, in order to determine whether prompt payment requirements are met.
The contractor shall implement and use the dispute resolution process outlined in the
subcontract or by following the LPA/Subcrecipient escalation process, to resolve payment
disputes.
(8)
Non-compliance:
Failure to make prompt partial payment, or prompt final payment including any retention,
within the time frames established above, will result in remedies, as the LPA/Subrecipient
Procurement Office deems appropriate, which may include but are not limited to:
(a) Liquidated Damages: These liquidated damages shall be in addition to all
other retention or liquidated damages provided for elsewhere in the
contract.
(i) The LPA/Subrecipient Procurement Office will withhold two times the
disputed dollar amount not paid to each subcontractor.
(ii) If full payment is made within 30 days of the LPASubrecipient
Procurement Office’s payment to the contractor, the amount withheld by
the LPA/Subrecipient Procurement Office will be released.
(iii) If full payment is made after 30 days of the LPA/Subrecipient
Procurement Office’s payment to the contractor, the LPA/Subrecipient
Procurement Office will release 75 percent of the funds withheld. The
LPA/Subrecipient Procurement Office will retain 25 percent of the
monies withheld as liquidated damages.
(b) Additional Remedies. If the contractor fails to make prompt payment for
three consecutive months, or any four months over the course of one
Prompt Pay and Payment Reporting Provisions- 5/5
project, or if the contractor fails to make prompt payment on two or more
projects within 24 months, the LPA/Subrecipient Procurement Office may,
in addition, invoke the following remedies:
(i) Withhold monthly progress payments until the issue is resolved and full
payment has been made to all subcontractors, subject to the liquidated
damages described in paragraph (a) above,
(ii) Terminate the contract for default,
(iii) Disqualify
the
contractor
from
future
bidding,
temporarily
or
permanently, depending on the number and severity of violations, if
applicable.
In determining whether liquidated damages will be assessed, the extent of the liquidated
damages, or additional remedies assessed, the LPA/Subrecipient will consider whether
there have been other violations on this or other federal-aid contracts, whether the failure to
make prompt payment was due to circumstances beyond the contractor’s control, and other
circumstances. The contractor may, within 15 calendar days of receipt of the decision of the
LPA/Subrecipient, escalate the decision according to the contract’s escalation process.
BECO Rev. 7/01/2016
LPA DBE Subcontract Assurances Professional Services - 1/8
(PROJECT SPECIFIC - CONTRACTS)
LPA/SUBRECIPIENT FEDERAL AID CONTRACT WITH OR WITHOUT DBE GOAL
1.
Assurances of Non-Discrimination:
(LPA PS EPRISE 2.0)
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 future proposals as non-responsible.
The consultant, subrecipient, or subconsultant shall ensure that all subcontract agreements contain this non-
discrimination assurance.
2.
Time is of the Essence:
(LPA PS EPRISE 8.0)
TIME IS OF THE ESSENCE IN RESPECT TO THE DBE PROVISIONS
3. Computation of Time:
(LPA PS EPRISE 9.0)
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.
4.
Crediting DBE Participation Toward Meeting Goals:
(LPA PS EPRISE 17.0)
General Requirements:
To count toward meeting the goal, the DBE firms must be certified at the time of Cost Proposal submission in each
NAICS code applicable to the kind of work the firm will perform on the contract. NAICS for each DBE can be found on
the AZ UTRACS website. General descriptions of all NAICS codes can be found at http://www.naics.com/search/.
Credit towards the consultant’s DBE goal is given only after the DBE has been paid for the work performed.
The entire amount of a contract that is performed by the DBE’s own forces, including the cost of supplies and
materials purchased by the DBE for the work on the contract and equipment leased by the DBE will be credited
toward DBE participation. Supplies and equipment the DBE subconsultant purchases or leases from the prime
consultant or its affiliate will not be credited toward DBE participation.
The consultant bears the responsibility to determine whether the DBE possesses the proper consultant’s license(s) to
perform the work and, if DBE credit is requested, that the DBE subconsultant is certified for the requested type of
work.
If a DBE cannot complete its work due to failure to obtain or maintain its licensing, the consultant bears the
responsibility to notify the LPA/Subrecipient, immediately after the consultant becomes aware of the situation, and
Attachment 2
BECO Rev. 7/01/2016
LPA DBE Subcontract Assurances Professional Services - 2/8
request approval to replace the DBE with another DBE. The consultant shall follow the DBE termination/substitution
requirements described in Subsection 22.0 of these DBE provisions.
The Department’s certification is not a representation of a DBE’s qualifications and/or abilities. The consultant bears
all risks that the DBE may not be able to perform its work for any reason.
A DBE may participate as a prime consultant, subconsultant, or as a vendor of materials or supplies. The dollar
amount of work to be accomplished by DBEs, including partial amount of a lump sum or other similar item, shall be
on the basis of subcontract, purchase order, hourly rate, rate per ton, etc., as agreed to between parties.
DBE credit may be obtained only for specific work done for the project, supply of equipment specifically for physical
work on the project, or supply of materials to be incorporated in the work. DBE credit will not be allowed for costs
such as overhead items, capital expenditures (for example, purchase of equipment), and office items.
The consultant may credit second-tier subcontracts issued to DBEs by non-DBE subconsultants. Any second-tier
subcontract to a DBE used to meet the goal must meet the requirements of a first-tier DBE subcontract.
A prime consultant may credit the entire amount of that portion of a contract that is performed by the DBE’s own
forces. The cost of supplies and materials obtained by the DBE for the work of the contract can be included so
long as that cost is reasonable. Leased equipment may also be included. No credit is permitted for supplies
purchased or equipment leased from the prime consultant or its affiliate(s).
When a DBE subcontracts a part of the work of its contract to another firm, the value of the subcontract may be
credited towards the DBE goal only if the DBE’s subconsultant is itself a DBE and performs the work with its own
forces. Work that a DBE subcontracts to a non-DBE firm does not count toward a DBE goal.
A prime consultant may credit the entire amount of fees or commissions charged by a DBE firm for providing a
bona fide service, such as professional, technical, consulting, or managerial services, or for providing bonds or
insurance specifically required for the performance of a USDOT-assisted contract, provided the fees are
reasonable and not excessive as compared with fees customarily allowed for similar services.
DBE Prime Consultant:
When a certified DBE firm proposes on a contract that contains a DBE goal, the DBE firm is responsible for meeting
the DBE goal on the contract or making good faith efforts to meet the goal, just like any other proposer. In most
cases, a DBE proposer on a contract will meet the DBE goal by virtue of the work it performs on the contract with
its own forces. However, all the work that is performed by the DBE proposer or any other DBE subconsultants and
DBE suppliers will count toward the DBE goal. The DBE proposer shall list itself along with any DBE subconsultants
and suppliers, on the DBE Intended Participation Affidavit Individual and Summary in order to receive credit
toward the DBE goal.
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 meet a contract goal on a new contract, but may be considered to meet the contract goal under a
subcontract that was executed before the DBE suspension or decertification is effective.
When the consultant makes a commitment to use an ineligible DBE firm or the LPA/Subrecipient, made a
commitment to use an ineligible DBE prime consultant, but a subcontract or contract has not been executed before a
decertification notice is issued to the DBE firm by its certifying agency, the ineligible firm does not count toward the
contract goal. The consultant must meet the contract goal with an eligible DBE firm or demonstrate good faith effort.
When a subcontract is executed with the DBE firm before the Department notified the firm of its ineligibility, the
BECO Rev. 7/01/2016
LPA DBE Subcontract Assurances Professional Services - 3/8
consultant may continue to use the firm on the contract and may continue to receive credit toward the DBE goal for
the firm’s work.
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.
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.
Commercially Useful Function:
A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a
Commercially Useful Function (CUF).
A DBE performs a 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
BECO Rev. 7/01/2016
LPA DBE Subcontract Assurances Professional Services - 4/8
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.
5.
Effect of Contract Changes:
(LPA PS EPRISE 18.0)
The consultant acknowledges that uncertainties can occur during the performance of the work and if for any
reason it becomes apparent that the DBE goal will not be met then the consultant shall: (1) immediately notify
the LPA/Subrecipient of the potential or actual decrease in DBE compensation, and (2) make good faith efforts to
obtain DBE participation to meet or exceed the project DBE goal. Good faith efforts required under the provisions
of this section may vary, depending on the time available, the nature of the change, and other factors as
determined by LPA/Subrecipient.
LPA/Subrecipient will approve or deny the consultant’s good faith efforts with BECO concurrence.
The consultant is not required to take work committed to another subconsultant and assign it to a DBE
subconsultant in order to meet the committed DBE percentage.
If the resulting change increases the scope or quantity of work being done by a DBE subconsultant, the DBE shall
be given the opportunity to complete the additional work and receive additional compensation beyond their
original subcontract amount.
6.
DBE Participation Above the Goal (Race-Neutral Participation):
(LPA PS EPRISE 19.0)
Additional DBE participation above the DBE participation required to meet the contract DBE goal is an important
aspect of the Department’s DBE program. The consultant is strongly encouraged to use additional DBEs above the
DBE goal requirement in the contract to assist the Department in meeting its overall DBE goal and help the
Department to meet the maximum feasible portion of its DBE goals through race neutral participation as outlined in
49 CFR Part 26.
There are fewer administrative requirements on the part of the consultant when using race neutral DBEs (DBEs not
listed on the DBE Intended Participation Affidavit Summary). For example, if a DBE is not listed on the DBE Intended
Participation Affidavit Summary, the DBE does not have to submit an Affidavit, and the subcontract approval process
follows the same process of any other subcontract. The consultant does not have to replace the DBE with another
DBE subconsultant if the DBE fails to perform. Therefore these DBEs are treated as any other subconsultant on the
project.
7.
Required Provisions for DBE Subcontracts:
(LPA PS EPRISE 20.0)
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 outline 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.
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LPA DBE Subcontract Assurances Professional Services - 5/8
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.
8.
Contract Performance:
(LPA PS EPRISE 21.0)
Contract items of work designated by the consultant to be awarded to DBEs shall be performed by the designated
DBE or a LPA/Subrecipient, with BECO concurrence, approved DBE substitute. The Consultant or a non-DBE
Subconsultant shall not perform DBE contract work items without prior approval by LPA/Subrecipient, with BECO
concurrence.. The DBE must perform a commercially useful function; that is, the DBE must manage, perform, and
supervise a distinct element of work.
The consultant is required to use DBEs identified in the SOQ to meet the contract goal, so the prime consultant is
responsible for ensuring that the DBEs are available to meet scheduling, work and other requirements on the
contract.
The LPA/Subrecipient will visit the consultant’s office to conduct reviews to ensure compliance with CUF and other
DBE requirements. The reviews may include, among other activities, interview of DBEs and their employees and
the consultant and its employees. The consultant shall cooperate in the review and make its employees available.
The consultant shall inform the LPA/Subrecipient in advance when each DBE will be working on the project to help
facilitate reviews.
The LPA/Subrecipient reserves the right to request and inspect all records of the consultant and all records of the
DBEs and non-DBE subconsultants concerning this contract. The consultant must make available a copy of all
documents related to all contracts the LPA/Subrecipient upon request.
Use of every DBE listed on the DBE Intended Participation Affidavit Summary is a condition of this contract. The
consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is
listed on the DBE Intended Participation Affidavit Summary unless the consultant obtains written consent from the
LPA/Subrecipient with BECO concurrence. The consultant shall not be entitled to any payment for work or material
that is not performed or supplied by the listed DBE unless the consultant obtains written consent from the
LPA/Subrecipient with BECO concurrence.
9.
DBE Termination/Substitution:
(LPA PS EPRISE 22.0)
General Requirements:
The consultant shall make all reasonable efforts to avoid terminating or substituting a DBE listed on the DBE
Intended Participation Affidavit Summary. At a minimum, the consultant shall negotiate in good faith, give timely
notices and/or extend deadlines to the extent that it will not jeopardize the contract with the LPA/Subrecipient.
Reasonable methods to resolve performance disputes must be applied and documentation provided to the
Department and the LPA/Subrecipient before attempting to substitute or terminate a DBE.
Consultant Notice of Termination/Substitution:
All terminations, substitutions, and reductions in scope of work to be performed by DBEs listed on the DBE
Intended Participation Affidavit Summary must be approved in writing by the LPA/Subrecipient, with BECO
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LPA DBE Subcontract Assurances Professional Services - 6/8
concurrence and by means of the executed contract modification. The consultant shall contact the
LPA/Subrecipient within 24 hours from the first sign of any reason for potential DBE termination/substitution.
The consultant shall not terminate a DBE subconsultant listed on the DBE Intended Participation Affidavit
Summary or complete the work contracted to the DBE with its own forces or with a non-DBE firm without the
LPA/Subrecipient written consent and BECO concurrence. Before submitting a formal request to the
LPA/Subrecipient for DBE termination/substitution, the consultant shall give written notice to the DBE
subconsultant with a copy to the LPA/Subrecipient of its intent to terminate or substitute the DBE identifying the
reason for the action. The DBE shall be allowed a minimum of five calendar days to respond to the consultant’s
notice advising the consultant, the LPA/Subrecipient of its position. Before making a determination for approval
regarding the consultant’s termination and substitution request, the LPA/Subrecipient, with BECO concurrence,
will consider both the consultant’s request and the DBE firm’s response.
Consultant Request of Termination/Substitution:
The consultant shall formally request the termination or substitution of a DBE listed on the DBE Intended
Participation Affidavit Summary by submitting the DBE Termination/Substitution Request Form and supporting
documentation to the LPA/Subrecipient; form is available from the LPA/Subrecipient. The submission shall include
the following information:
1) The date the consultant determined the DBE to be unwilling, unable or ineligible to perform.
2) A brief statement of facts describing the situation and citing specific actions or inaction by the DBE
firm giving rise to consultant’s assertion that the DBE firm is unwilling, unable, or ineligible to
perform.
3) A brief statement of the good faith efforts undertaken by the consultant to enable the DBE firm to
perform.
4) The total dollar amount currently paid for work performed by the DBE firm.
5) The total dollar amount remaining to be paid to the DBE firm for work completed, but for which the
DBE firm has not received payment, and over which the consultant and the DBE firm have no dispute.
6) The remaining work that has not been completed by the DBE and the corresponding dollar amount
7) The projected date that the consultant requires a substitution or replacement DBE to commence
work, if consent is granted to the request.
Written consent for terminating the performance of any DBE listed on the DBE Intended Participation Affidavit
Summary will be granted only where the consultant can demonstrate good cause showing that the DBE is unable,
unwilling, or ineligible to perform. Such written consent to terminate any DBE shall concurrently constitute written
consent to substitute or replace the terminated DBE. Termination or substitution of a DBE listed on the DBE
Intended Participation Summary will not be allowed based solely on a consultant's ability to negotiate a more
advantageous contract with another subconsultant. Prior to making a determination for approval regarding the
consultant’s termination and substitution request, the LPA/Subrecipient, with BECO concurrence, will consider
both the consultant’s request and the DBE firm’s response.
Good Cause:
The LPA/Subrecipient, with BECO concurrence, will make the determination of good cause by providing written
consent to the consultant after evaluating the consultant’s good cause to terminate or substitute a DBE firm. Good
cause for this purpose includes the following in relation to the listed DBE subconsultant:
1. Fails or refuses to execute a written contract.
2. Fails or refuses to perform the work of its subcontract in a way consistent with normal industry practice
standards. However, good cause does not exist if the failure or refusal of the DBE subconsultant to
perform its work on the subcontract results from the bad faith or discriminatory action of the prime
consultant.
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3. Fails or refuses to meet the prime consultant’s reasonable, nondiscriminatory insurance/bond
requirements.
4. Becomes bankrupt, insolvent, or exhibits credit unworthiness.
5. Is ineligible to work on public works projects because of suspension and debarment proceedings pursuant
to federal or state law.
6. Is not a responsible consultant.
7. Voluntarily withdraws from the project and provides written notice of its withdrawal to the
LPA/Subrecipient.
8. Is ineligible to receive DBE credit for the type of work required
9. A DBE owner dies or becomes disabled with the result that the firm is unable to complete its work on the
contract.
10. Other documented good cause that the LPA/Subrecipient determines compels the termination or
substitution of the DBE subconsultant.
If good cause is determined, the LPA/Subrecipient and will notify the Consultant of the decision and necessary
modifications to the contract can be made.
DBE Replacement Good Faith Effort:
If the LPA/Subrecipient, with BECO concurrence, approves the termination of a DBE, the consultant shall make
good faith efforts to find another DBE subconsultant to substitute for the original DBE. The good faith efforts as
identified in DBE Subsection 17.0 shall be directed at finding another DBE to perform at least the same amount of
work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal. The
good faith efforts shall be documented and provided, upon request, to the LPA/Subrecipient within seven
calendar days from the date of the request.
A prime consultant’s inability to find a replacement DBE at the original price is not alone sufficient to support a
finding that good faith efforts have been made to replace the original DBE. The fact that the consultant has the
ability and/or desire to perform the contract work with its own forces does not relieve the consultant of the
obligation to make good faith efforts to find the replacement DBE, and it is not a sound basis for rejecting a
perspective replacement DBE’s reasonable quote.
The termination of a DBE firm shall not relieve the consultant of its obligations under this Special Provision, and
the unpaid portion of the terminated DBE firm’s subcontract will not be counted toward the DBE goal. If the
LPA/Subrecipient has eliminated items of work subcontracted to a committed DBE, the prime consultant shall still
make good faith efforts to replace the DBE with another DBE to the extent necessary to meet the goal. The
LPA/Subrecipient will review the quality, thoroughness, and intensity of those efforts.
When a DBE substitution has been approved by the LPA/Subrecipient and concurred by BECO, the consultant shall
submit an amended DBE Intended Participation Affidavit Individual and Intended Participation Affidavit Summary
to the LPA/Subrecipient for approval with the substitute DBE's name, description of work, NAICS code, AZ UTRACS
registration number, and dollar value of work. Approval from LPA/Subrecipient with BECO concurrence must be
obtained prior to the execution of a contract modification and before substituted DBE can begin work.
Sanctions:
Failure by the consultant to carry out the requirements of these DBE Termination/Substitution specifications is a
material breach of contract and will result in such remedies as LPA/Subrecipient deems appropriate, with ADOT
concurrence, which will include, but are not limited to the assessment of liquidated damages. The
LPA/Subrecipient will deduct from monies due or becoming due the consultant, the dollar amount of the
wrongfully substituted/replaced DBE subcontract plus 25% of the amount remaining to be paid to the DBE as
liquidated damages. These liquidated damages shall be in addition to all other retention or liquidated damages
provided for elsewhere in the contract.
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10.
Certification of Final DBE Payments:
(LPA PS EPRISE 25.0)
The consultant’s achievement of the goal is measured by actual payments made to the DBEs. The consultant shall
submit the “Certification of Final DBE Payments” form for each DBE firm working on the contract. This form shall
be signed by the consultant and the relevant DBE, and submitted to the LPA/Subrecipient no later than 30 days
after the DBE completes its work.
The LPA/Subrecipient and ADOT will use this certification and other information available to determine applicable
DBE credit allowed to date by the Prime Consultant and the extent to which the DBE firms were fully paid for that
work. By the act of filing the forms, the consultant acknowledges that the 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.
11.
Sanctions for Not Meeting Contract DBE Goal:
(LPA PS EPRISE 24.0)
If the LPA/Subrecipient determines, with BECO concurrence, that the consultant has not met the DBE goal at the
end of the contract, the LPA/Subrecipient will, at its discretion, may assess liquidated damages up to two times
the amount of the unattained portion of the original DBE goal, based on the circumstances of the noncompliance.
Not meeting the DBE goal will also be reflected in the consultant evaluation.
The LPA/Subrecipient, with BECO concurrence, will determine whether liquidated damages will be assessed and
the amount of the liquidate damages, the LPA/Subrecipient will consider whether there have been other
violations on this or other contracts, whether the failure was due to circumstances beyond the control of the
consultant, whether the consultant has made good faith efforts to meet the goal, and other appropriate
circumstances.
In addition to any other sanctions, willful failure of the consultant, DBE or other subconsultant to comply with this
contract or with the Federal DBE regulations may result in disqualification from further contracting,
subcontracting, or other participation in the Department’s and LPA/Subrecipient projects.
12.
False, Fraudulent, or Dishonest Conduct:
(LPA PS EPRISE 27.0)
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.
Attachment 3
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-
Attachment 4
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
-1 points
Performance rating of 1 or 2 on 3-4 evaluation factors
-2 points
Performance rating of 1 or 2 on 5-6 evaluation factors
-3 points
Performance rating of 1 or 2 on 7-8 evaluation factors
-4 points
Performance rating of 1 or 2 on 9 or more evaluation factors
-5 points
3. As documentation to justify the declaration of a breach of contract for a
consultant’s failure to fulfill terms of the contract or to address problems
identified by MCDOT in the performance of the contract. In order for MCDOT to
take action that could declare a breach of contract, the MCDOT PM or staff must
complete a Consultant Evaluation Form.
Procedure
The MCDOT PM will initiate the completion of consultant evaluation forms for contracts
annually on their 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.
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.
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 of 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 of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity,” for which the Recipient receives Federal financial assistance from DOT,
including the Federal Highway Administration.
The Civil 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.
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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 County Department of Transportation, in accordance with the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.”
3. The Recipient will insert the clauses of 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,
structures, 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:
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a. for the subsequent transfer of real property 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 structures 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.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, Maricopa County Department of Transportation also agrees to comply (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 Department 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
Department of Transportation, or its designee in timely, complete, and accurate way. Additionally, you must
comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or
detailed in program guidance.
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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 of Transportation. 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)
by _____________________________________________ DATED ________________________
(Signature of Authorized Official)
Attachments
Appendices A, B, C, D, E
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7/9/2021
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:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Federal Highway Administration 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 this 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 of Transportation to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will
so certify to the Recipient, the Federal Highway Administration, or Arizona Department of
Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration or Arizona Department of Transportation, may determine to be appropriate, including, but
not limited to:
a. 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 part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with 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.
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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 of Transportation, 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 of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252;42 42 U.S.C. § 2000d to 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 part 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 (1) no person will on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed [.] [and]* (2) that the Maricopa County
Department of Transportation will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-
assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations and Acts may be amended, [and (3) that in the event of breach of any of the above-
mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and
facilities on said land, and that above described land and facilities will thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this
instruction].*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to make clear the purpose of Title VI.
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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:
1. 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 Department of Transportation will have the right to
terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities
thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to licenses, leases, 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: E6C2B45B-4540-47A6-AFE5-904C8E0FEB15
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
(1) no person on the ground of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that
in the construction of any improvements on, over, or under such land, and the furnishing of services
thereon, no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee etc.) will use the premises in compliance with all other
requirements imposed by or pursuant to the Acts and Regulations, as amended set forth in this
Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to
terminate the (license, permit, etc., as appropriate) and to enter or re-enter or re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate)
had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
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 necessary
in order to make clear the purpose of Title VI.
DocuSign Envelope ID: E6C2B45B-4540-47A6-AFE5-904C8E0FEB15
APPENDIX E
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. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• 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. § 6101 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. parts 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: E6C2B45B-4540-47A6-AFE5-904C8E0FEB15
Attachment 6
$114, 400.00
Attachment 7
MCDOT
PROFESSIONAL SERVICES
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Intended Participation Affidavit
Refer to instructions
on Page 2
Prime Contractor: _B_u_rg_ e_s_s _&_N_ i_p _le __________ Project Na me: Northern, Agua Fri a Bridge - 99th Ave
ContractNo.: 2021-045
TRACSNo.: MMA19128DZ Mod No.: _____ TaskNo.:_TT_06_o_o ____ _
DBE Fi rm Na me: J2 Engineering & Environmental Design, LLC
AZ UTRACS Registration No.: _1_4_80_ 0 ____ _
Type of Fi rm:C]Consultant 12'.1 Subconsultant[JLower-tier Subconsultant □vendor C] Broker (Fees/Commission)
1. The undersigned is prepared to perform the following scope(s) of work on the above referenced project.
•
Total Contract/Task Amount must include the original and any additional amount applied to the Contract or Task Order
•
DBE firm listed above must complete at least 30%ofits own contract amount
A
8
C
D
E
NAICS Code
Work Description
Total Contract/
Adjustments
Total Amount
Task Amount
Toward DBE Goal
541320
Landscape Architect/Civil Engineering
541330
$ 0.00
$ 0.00
$ 0.00
Total Amount Toward DBE Goal:
2. (Broker Only) The undersigned affirms that the amount of fees and commissions for work quoted above a re as fol lows:
Tota I Contract Amount : --------- Fees/Commissions Assessed on Award: ______ _
3. Theundersignedwillsubletand/oraward _______ _ of work bid to a non-DBE firm.
Firm Name(s):----------------------------------------
4. Theundersignedwillsubletand/oraward _____ _ of work to another certified DBE firm. (Attach signed DBE affidavit.)
Firm Name(s): ----------------------------------------
Confirmation of Participation
Bys ignature below, the undersigned agrees to enter into a formal agreement/subcontract for the work cited herein should this
contract/task be awarded.
1, Jeffrey Holzmeister, President
confirm that J2 Engineering & Environmental Design, LLC
(Authorized DBE firm officer, print name and title)
(Name of DBE firm)
will be participating in the above project.
The DBE firm wi 11 be performing the scope as describe above for a DBE credit of ------------------
(Tot a I Amount Toward DBE Goal)
(Authorized DBE firm officer, Signature)
(Date)
BECO LPA FORM 3205PS (Rev. 8-1-2019)
Pagel of2
■
-__________________________________________________________________ ____________________________________________ ___________________ __________________ __________________ __________
$310,649
$384,987
$384,987
$384,987
$384,987
11/17/2021
Date contacted:
Prime Contact Name:
Brief summary of discussion and resolution:
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
1
BECO Form 3203PS (Rev. 1-4-2017)
General
Complete all sections of the form and include all back-up documentation. Incomplete forms will be returned unprocessed. For the
purpose of this form, project specific contracts shall be evaluated on a contract basis and on-call contracts will be evaluated on a task
order by task order basis. For on-call contracts, consultants must complete this form by detailing efforts made to find additional
DBEs if their current DBEs are unable to perform the work needed for this task order. If the information does not relate to the task
order in review, this GFE will be denied. The Agency reserves the right to request further documentation from the Consultant/
Subconsultant(s) to support and validate actions undertaken to secure DBE participation to meet the DBE goal for this contract/task
order.
Attestation
I, (Name)
, do hereby acknowledge that I am the (Title)
of (Name of Firm)
and the Consultant selected for the Agency project listed below:
Contract No.
Mod
No.
Task
Order
No.
TRACS No.
Project Name
Total
Contract/Task
Amount *
DBE Percentage
Contract
Goal
Committed
Goal
* Total Contract/Task Amount must include any previous amounts of the Contract or Task Order.
Provide a brief summary on why you believe your firm is unable to meet the DBE participation goals on this contract/task order.
Attach additional pages if necessary.
I hereby certify I demonstrated comprehensive good faith efforts to solicit and utilize DBE firms to meet the DBE participation
requirements of this contract/task order in accordance with Section 14.0 of the LPA DBE Contract Specifications by my responses to
the following:
GFE Activities
1.
Contacting Agency and BECO For Assistance
Agency Staff contacted:
Phone Number:
Was a DBE Supportive Services Solicitation Request submitted?
Yes
No Submission Date
BECO Staff contacted:
Phone Number:
Attachment 8
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
2
BECO Form 3203PS (Rev. 1-4-2017)
2.
Market Research and Soliciting Through All Reasonable Means
List all DBE solicitations made for this contract/task order.
Solicitation Activity
Date
Name of Interested DBEs
Follow-Up Date
3.
Selecting Portions of Work to be Performed by DBEs
List work items needed to be performed and include how work items were broken down into economically feasible units to
facilitate DBE participation.
4.
Provide Interested DBEs With Project Information
Explain how interested DBEs were provided with access to project information.
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
3
BECO Form 3203PS (Rev. 1-4-2017)
5.
Negotiate In Good Faith With Interested DBEs – When a non-DBE is selected over a DBE, attach copies of the DBE and non-DBE
firms’ quotes.
A.
Identify DBE firms in which negotiations were considered but were unsuccessful.
DBE Firm Name & Contact Person
Address
Phone Number
B.
Explain why negotiations above were unsuccessful.
DBE Firm Name
Explanation
6.
Having Sound Reason For Rejecting DBEs
Explain why any DBE(s) was rejected for being unqualified.
DBE Firm Name
Explanation
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
4
BECO Form 3203PS (Rev. 1-4-2017)
7.
Assisting Interested DBEs – Bonding, Credit, Insurance
Identify interested DBE firms in which assistance was provided in obtaining bonding, credit or insurance.
DBE Firm Name
Assistance Offered
8.
Assisting Interested DBEs – Equipment, Supplies, Materials, Related Services
Identify interested DBE firms in which assistance was provided in obtaining necessary equipment, supplies, materials, or related
assistance or services.
DBE Firm Name
Assistance Offered
9.
Minority/Women Community Organizations
Identify minority/women community organizations used for providing assistance in the recruitment and placement of DBEs.
Organization Name
Contact Person
Assistance Requested
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
5
BECO Form 3203PS (Rev. 1-4-2017)
This is not intended to be a mandatory checklist nor is it intended to be an exclusive or exhaustive list of good faith efforts. Other
factors or types of efforts may be relevant on a case-by-case basis as determined by ADOT BECO.
10. Other comments or information you want the Agency and ADOT BECO to consider as part of your good faith effort.
Affidavit
The undersigned, (Name) ______________________________________, attest and declare under penalty of perjury in the second
degree, and any other applicable state or federal laws, that the information provided on this certificate is true and correct to the
best of my knowledge and belief.
Signature:
_____________________________________
Date:
________________________________
Consultant Representative/DBE Liaison
Note:
The GFE form must be signed by an authorized signatory for the Consultant/Subconsultant.
AGENCY/BECO INTERNAL USE ONLY
Date Received:
_________________
Date Approved / Denied: _________________ (Circle one)
Received by: _________________________________________
Signature:
__________________________________________
Comments:
Date Received:
_________________
Date Approved / Denied: _________________ (Circle one)
Received by: _________________________________________
Signature:
__________________________________________
SIGN
SIGN
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
6
BECO Form 3203PS (Rev. 1-4-2017)
APPENDIX A TO PART 26 — GUIDANCE CONCERNING GOOD FAITH EFFORTS
Note:
“YOU” means the Agency (ADOT) in the following sections of this requirement.
I.
When, as a recipient, you establish a contract goal on a DOT-assisted contract for procuring construction, equipment,
services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts
to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal,
documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal,
the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and
reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness
to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.
II.
In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of
this part. As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not
meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the
different kinds of efforts that the bidder has made, based on the regulations and the guidance in this Appendix.
The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were
actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts
are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination
concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using
quantitative formulas.
III.
The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified
amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts
showing. This rule specifically prohibits you from ignoring bona fide good faith efforts.
IV.
The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE
participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or
types of efforts may be relevant in appropriate cases.
A.
(1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable
and available means the interest of all certified DBEs that have the capability to perform the work of the contract.
This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written
notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs
listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE
directory) and which are located in the area or surrounding areas of the project.
(2)
The bidder should solicit this interest as early in the acquisition process as practicable to allow the DBEs to respond
to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the
DBEs are interested by taking appropriate steps to follow up initial solicitations.
B.
Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be
achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for
example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise
prefer to perform these work items with its own forces. This may include, where possible, establishing flexible
timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation.
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
7
BECO Form 3203PS (Rev. 1-4-2017)
C.
Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in
a timely manner to assist them in responding to a solicitation with their offer for the subcontract.
D.
(1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work
available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent
with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such
negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of
the information provided regarding the plans and specifications for the work selected for subcontracting; and
evidence as to why additional Agreements could not be reached for DBEs to perform the work.
(2)
A bidder using good business judgment would consider a number of factors in negotiating with subcontractors,
including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into
consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not
in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable.
Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not
relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to
accept higher quotes from DBEs if the price difference is excessive or unreasonable.
E.
(1)
Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their
capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or
associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for
the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. Another practice
considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not
the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime
contractor to accept unreasonable quotes in order to satisfy contract goals.
(2)
A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a
finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the
ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the
obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a
prospective replacement DBE's reasonable quote.
F.
Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or
contractor.
G.
Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or
services.
H.
Effectively using the services of available minority/women community organizations; minority/women contractors'
groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a
case-by-case basis to provide assistance in the recruitment and placement of DBEs.
V.
In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a
minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the
apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of
whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful
bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may
view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts.
As provided in §26.53(b)(2)((vi), you must also require the contractor to submit copies of each DBE and non-DBE
subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the
contract to review whether DBE prices were substantially higher; and contact the DBEs listed on a contractor's solicitation
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
8
BECO Form 3203PS (Rev. 1-4-2017)
to inquire as to whether they were contacted by the prime. Pro forma mailings to DBEs requesting bids are not alone
sufficient to satisfy good faith efforts under the rule.
VI. A promise to use DBEs after contract award is not considered to be responsive to the contract solicitation or to constitute
good faith efforts.
[79 FR 59600, Oct. 2, 2014]
Note:
Contacting ADOT BECO (602 712-7761) for assistance in identifying certified DBEs that can perform work on a contract or
task order is also considered a strong factor in making good faith efforts.
PROFESSIONAL SERVICES/DESIGN
CERTIFICATION OF GOOD FAITH EFFORTS
Submit completed GFE Form (pages 1 – 6 only) with backup documentation, if any)
9
BECO Form 3203PS (Rev. 1-4-2017)
Good Faith Efforts Tips
The intent of the Good Faith Effort Form is to document the good faith efforts undertaken by the Consultant in soliciting and utilizing
DBE firms to meet the DBE participation requirements for the contract/project. The completed form will assist the Agency and ADOT
in determining if the Consultant performed its due diligence, took all necessary and reasonable steps to secure DBE participation for
the referenced contract/project and resulted in obtaining comprehensive good faith efforts. The Agecny and ADOT Business
Engagement & Compliance Office (BECO) will determine if the Consultant made satisfactory good faith efforts to secure sufficient
DBE participation to meet the DBE goal. The burden of proof rests with the Consultant. Failure to provide good faith efforts to
ADOT BECO’s satisfaction will result in the rejection of the proposal/modification. However, ADOT BECO will reconsider
Consultant’s GFE resubmittal if Consultant has adequately and sufficiently documented its good faith efforts in obtaining DBE
participation.
Tips for Documenting Good Faith Efforts
1.
Review Scope of Work (SOW) for subcontracting opportunities.
2.
Make reasonable efforts to designate economically feasible and meaningful units of work for a DBE(s) that meets or
exceeds the DBE goal.
3.
Keep in mind that selected DBEs must perform commercially useful function (CUF) as required by 49 CFR §26.55.
4.
Determine if there are DBE firms on the contract team that can do the work. If not, the Consultant must solicit other DBEs
through the DBE Directory to perform work to meet or exceed the goal.
5.
Some projects may be too small or do not provide meaningful units of work for subcontracting opportunities. Any reason
for this must be thoroughly explained.
6.
When providing good faith documentation, it is not good enough to say that project is too small to include DBEs.
Consultants must explain the project SOW and why no subcontracting opportunities are possible.
7.
Consultants must keep in mind that DBEs must be utilized when developing their SOWs and cost proposal. Arranging and
planning work items to circumvent the utilization of Subconsultants and DBEs violates the federal regulations.
8.
For on-call contracts, consultants must complete this form by detailing efforts made to find additional DBEs if their current
DBEs are unable to perform the work needed for this task order.
9.
When providing good faith documentation, Consultants must include:
a.
Date, contact name of staff they contacted at BECO for assistance
b.
List of DBE firms contacted to do the work
c.
Any evidence of negotiations with the DBE firms
d.
Evidence of efforts to reach out to DBE firms
10. Assistance provided to DBEs should include efforts to assist the DBE firms in obtaining bonding, lines of credit, insurance,
equipment, materials, supplies or other project-related assistance.
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:
Prime Consultant
Sub Consultant
Name:
Title:
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:
Sub Consultant/Supplier/Manufacturer
Lower-tier Sub Consultant/Supplier/Manufacturer
Name:
Title:
Signature:
Date:
3210PS - LPA 1.3.2017
Attachment 9
Clear
SIGN
SIGN
Contract No. 2021-045
Page 61
ATTACHMENT 10
PERFORMANCE AND PAYMENT OF ALL CLAIMS
ENGINEERING CONTRACTS
__
hereby certifies to the Maricopa County Department of
Transportation
(Name of Signer)
(MCDOT) that all lawful claims for labor, rental of equipment, material used, and any other
claims by BURGESS & NIPLE, INC. or its subconsultants in connection with the project
described in MCDOT Contract No. 2021-045, have been paid.
BURGESS & NIPLE, INC. 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’s Contract No. 2021-045
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:
Attachment 11
Contract No. 2021-045
Page 63
ATTACHMENT 12
Maricopa County Small Business Enterprise Program
Participation Reporting Form
This form is to be submitted with each pay application or invoice. Any pay application or invoice
without this form attached is subject to rejection as not being a completed pay application or
invoice pursuant to the terms of the contract.
_____________________________
___________________________________
Name of Prime Consultant/Contractor
Contract No.
_____________________________
___________________________________
Contact Person
Project No.
_____________________________
$__________________________________
Street Address
Amount of this Pay Application/Invoice
_____________________________
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for
this pay application/invoice. If work was self-performed and your firm, as the prime, is an SBE
firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm.
SBE Firm Name
SBE Firm Address
Type of Work
Performed
$ Pd to SBE this
App/Inv
$
$
$
$
$
$
$
$
$
$
□A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant
or subcontractor with respect to this pay application/invoice.
Date: ___________________
______________________________________
Signature
___________________________________________
Printed Name & Telephone Number
EXHIBIT A
SCOPE OF WORK
CONTRACT NO. 2021-045
NORTHERN PARKWAY: AGUA FRIA BRIDGE TO
99TH AVENUE FINAL DESIGN
1500 N. Priest Drive | Suite 102 | Tempe, AZ 85281 | 602.244.8100
Mr. Ben Markert, PE, PTOE
Project Manager
Maricopa County Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
Re: Contract No. 2021-045
Northern Parkway:
Agua Fria Bridge to 99th Avenue
Fee Proposal
December 7, 2021
PROJECT:
Northern Parkway: Agua Fria Bridge to 99th Avenue
Final Design
PROJECT NO.: TT0600
Dear Mr. Markert:
Burgess & Niple is pleased to submit the attached Scope of Work and Derivation of Cost / Labor Hour Estimates for
the above referenced project.
Please do not hesitate to contact me at 602-244-8100 (x5332) if you have any questions.
Respectfully,
Jason Pagnard, PE
Vice President
Jason.Pagnard@burgessniple.com
Copy:
File
Scope of Services
Final Design Services
NORTHERN PARKWAY:
AGUA FRIA BRIDGE TO 99TH AVE
Consultant:
Burgess & Niple, Inc.
Project No:
TT0600
Contract No.:
2021-045
TRACS No.:
T0188 03D
Federal Aid No.:
STBGP MMA-0(280)D
Maricopa County
Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
December 2021
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page i of iv
Table of Contents
SCOPE OF SERVICES – PROJECT SPECIFIC .................................................................................. 1
Project Overview .................................................................................................................................... 1
Project Location ..................................................................................................................................... 1
Project Background ................................................................................................................................ 1
Project Purpose ....................................................................................................................................... 1
Length of Services .................................................................................................................................. 1
SECTION 100 PROJECT MANAGEMENT ................................................................................................. 2
100.1
Project Work Plan ............................................................................................................. 2
100.2
Project Initiation ................................................................................................................ 3
100.2.1
Matrix of Responsibilities ................................................................................................. 3
100.2.2
Matrix of Deliverables ...................................................................................................... 4
100.2.3
Communication Plan ........................................................................................................ 5
100.3
Kick-Off Meeting .............................................................................................................. 5
100.4
Design Criteria .................................................................................................................. 5
100.5
Design Exceptions ............................................................................................................ 5
100.6
Project Progress Meetings ................................................................................................. 5
100.8
Field Walk with Project Team .......................................................................................... 6
100.12
Project Administration ...................................................................................................... 6
100.13
Quality Assurance/Control ................................................................................................ 6
SECTION 200 DATA ACQUISITION ......................................................................................................... 6
200.1
Project Research/Data Collection ..................................................................................... 6
200.2
Review Acquired Data ...................................................................................................... 6
200.3
Identify Additional Information Needs ............................................................................. 7
200.4
Site Visit and Project Research ......................................................................................... 7
SECTION 300 LAND SURVEY .................................................................................................................. 7
300.3
Supplemental Field Survey ............................................................................................... 7
SECTION 400 PROJECT COORDINATION ............................................................................................... 7
400.1
Stakeholder Meetings ........................................................................................................ 7
400.2
Public Involvement Plan ................................................................................................... 8
400.5
Public Meeting Summary and Comments ........................................................................ 8
400.6
60% Public Project Update Activity and Feedback .......................................................... 8
400.7
95% Public Outreach Materials ........................................................................................ 8
400.8
Project Specific Partnering Special Provisions ................................................................. 8
400.10
Intergovernmental Agreements (IGA) .............................................................................. 8
SECTION 500 UTILITIES AND RAILROAD .............................................................................................. 8
500.5
Pothole Data on Plans, Profiles and Cross Sections ......................................................... 8
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page ii of iv
500.10
Proposed Utility Data on Plans, Profiles and Cross Sections ........................................... 9
500.11
Utility Relocation Plans .................................................................................................... 9
500.13
Utility Special Provisions.................................................................................................. 9
500.14
Utility Relocation Cost Estimates ..................................................................................... 9
500.15
Utility and Railroad Agreements ...................................................................................... 9
500.16
Utility Clearance Letter ..................................................................................................... 9
500.17
Utility Coordination Meetings .......................................................................................... 9
SECTION 600 ENVIRONMENTAL .......................................................................................................... 10
SECTION 800 TECHNICAL MEMORANDA AND REPORTS ................................................................... 10
800.1
Traffic Analysis .............................................................................................................. 10
800.2
Drainage Report .............................................................................................................. 10
800.4
Geotechnical and Pavement Design Report .................................................................... 10
800.8
ADA Report .................................................................................................................... 10
800.9
Roadway Lighting Design and Report ............................................................................ 10
SECTION 900 RIGHT-OF-WAY ............................................................................................................. 10
900.2
R/W Base Map ................................................................................................................ 11
900.13
Right-of-Entry (Environmental, Geotechnical, Potholing) ............................................. 11
SECTION 1100 PLANS, SPECIFICATIONS AND ESTIMATE ................................................................. 11
1100.1
60% Plans, Specifications and Estimate Development ................................................... 11
1100.1.1
Face Sheet ................................................................................................................... 12
1100.1.2
General Notes Sheet .................................................................................................... 12
1100.1.3
Keymap Sheet .............................................................................................................. 12
1100.1.4
Quantity Summary Sheets ............................................................................................ 12
1100.1.5
Geometric Control Sheets ........................................................................................... 12
1100.1.6
Typical Section Sheets ................................................................................................. 12
1100.1.7
Northern Avenue Plan Sheets ...................................................................................... 12
1100.1.8
Northern Avenue Profile Sheets .................................................................................. 12
1100.1.9
Roadway Plan and Profile Sheets ............................................................................... 12
1100.1.10
Intersection Detail Sheets ............................................................................................ 13
1100.1.11
Driveway Profile Sheets .............................................................................................. 13
1100.1.12
Detail Sheets ................................................................................................................ 13
1100.1.13
Traffic Control Notes Sheets ....................................................................................... 13
1100.1.14
Traffic Control Quantities Sheet ................................................................................. 13
1100.1.15
Maintenance of Traffic Phasing Sheets ....................................................................... 13
1100.1.16
Advanced Warning Signs Plan Sheets ......................................................................... 13
1100.1.17
Trailblazing Plan Sheets ............................................................................................. 13
1100.1.18
Traffic Control Plan Sheets ......................................................................................... 13
1100.1.19
Temporary Signal Sheets ............................................................................................. 13
1100.1.20
Signing and Striping Cover Sheet ............................................................................... 13
1100.1.21
Signing and Striping Notes Sheet ................................................................................ 13
1100.1.22
Striping Details Sheet .................................................................................................. 13
1100.1.23
Striping Quantities Sheet ............................................................................................. 14
1100.1.24
Sign Summary Sheets................................................................................................... 14
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page iii of iv
1100.1.25
Signing and Striping Plan Sheets ................................................................................ 14
1100.1.26
Sign Format Sheets ...................................................................................................... 14
1100.1.27
Signal Notes Sheets ..................................................................................................... 14
1100.1.28
Signal Plan Sheets ....................................................................................................... 14
1100.1.29
Signal Pole Schedule Sheets ........................................................................................ 14
1100.1.30
Signal Conductor Schedule Sheets .............................................................................. 14
1100.1.31
Roadway Lighting Sheets ............................................................................................ 14
1100.1.32
Specification and Special Provision Preparation ....................................................... 14
1100.1.33
Construction Cost Estimate ......................................................................................... 15
1100.1.34
Corridor Model Development ..................................................................................... 15
1100.1.35
Cross Section Sheets .................................................................................................... 15
1100.2
60% PS&E Submittal ...................................................................................................... 15
1100.3
95% Plans, Specifications and Estimate Development ................................................... 15
1100.4
95% PS&E Submittal ...................................................................................................... 15
1100.5
100% Plans, Specifications and Estimate Development ................................................. 15
1100.6
100% PS&E Submittal .................................................................................................... 15
1100.7
Sealed Plans, Specifications and Estimate Development................................................ 15
1100.8
Constructability Review .................................................................................................. 15
1100.9
Construction Phasing ...................................................................................................... 16
1100.10
Sealed PS&E Submittal .................................................................................................. 16
SECTION 1200 VALUE ENGINEERING ................................................................................................ 16
1200.5
Value Engineering Analysis............................................................................................ 16
SECTION 1300 BIDDING PHASE .......................................................................................................... 16
1300.6
Preparation of Addenda .................................................................................................. 16
SECTION 1400 CONSTRUCTION PHASE.............................................................................................. 16
1400.1
Pre-Construction Conference .......................................................................................... 16
1400.2
Requests for Information (RFIs) ..................................................................................... 16
List of Tables
Table 1 – Matrix of Responsibilities .......................................................................................................... 3
Table 2 – Matrix of Deliverables ............................................................................................................... 4
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page iv of iv
List of Appendices
Appendix A
Derivation of Cost
Appendix B
Contact Table
Appendix C
Fee Proposal: AZTEC Engineering Group, Inc.
Appendix D
Fee Proposal: Ethos Engineering, LLC
Appendix E
Fee Proposal: J2 Engineering & Environmental Design, LLC
Appendix F
Fee Proposal: MakPro Services, LLC
Appendix G
Fee Proposal: T.Y. Lin International
Appendix H
Fee Proposal: Y2K Engineering, LLC
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 1 of 16
SCOPE OF SERVICES – PROJECT SPECIFIC
Project Overview
The Maricopa County Department of Transportation (MCDOT) has requested services from Burgess &
Niple, Inc. (Consultant) to prepare construction documents for TT0600 – Northern Parkway: Agua Fria
Bridge to 99th Ave project (Project). The Derivation of Cost is provided in Appendix A.
Project Location
The Northern Parkway Program consists of new construction of a Northern Parkway alignment and
reconstruction of portions of Northern Avenue in northwestern Maricopa County. This project includes
the reconstruction of Northern Avenue from the Agua Fria Bridge to 99th Avenue, including
construction of a new structure over the New River. Improvements will be completed along 107th
Avenue, 103rd Avenue/Glen Harbor Boulevard. New roadways include Augusta Avenue and
Orangewood Avenue. Northern Avenue separates the cities of Peoria to the north and Glendale to the
south.
Project Background
The Project will perform final design and prepare construction documents based on the MCDOT
TT0600 Scoping Design Report.
MCDOT TT0372 is a separate, adjacent project under design which will define the 99th Avenue
intersection ultimate configuration but will build an interim connection. This TT0600 project will
finalize the ultimate design for connecting into 99th Avenue and removing the interim connection.
MCDOT TT0427 is another separate, adjacent project under construction which will define existing
conditions west of 111th Avenue.
Project Purpose
The purpose of this project is to develop federally biddable construction contract documents (plans,
specifications, estimates and other required technical reports) in accordance with the Federal Highway
Administration standards to utilize funding and advertise the project for construction. The project will
be completed in accordance with the MCDOT Project Development Manual (PDM), MCDOT Roadway
Design Manual (RDM), and applicable city standards consistent with Scoping Design Report.
The Consultant will provide, in U. S. customary units (English), engineering services described herein
that are required to prepare construction documents for this project.
The scope of work presented herein is based on the information supplied by MCDOT in the Scope of
Services for the design of Northern Parkway: Agua Fria Bridge to 99th Avenue.
Length of Services
It is anticipated that all services will be completed within 1,888 calendar-days after notice to proceed
(NTP) has been issued. It is anticipated that the NTP will be issued December 15, 2021.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 2 of 16
Consultant Team Roles
The primary Consultant team design roles for the Project are as follows:
•
Burgess & Niple
o Roadway (Northern Parkway, Agua Fria to east abutment of the New River Bridge;
Augusta Avenue; Orangewood Avenue)
o Traffic signals, signing, pavement marking (all roads)
o Lighting
o Traffic Control
o Public involvement
o Right-of-way coordination
o Reports (Traffic Analysis, ADA, Roadway Lighting, Earthwork)
•
AZTEC Engineering Group (Appendix C)
o Environmental
o Structures (privacy walls)
o Reports (EA Reevaluation)
•
Ethos Engineering (Appendix D)
o Geotechnical investigation
o Reports (Geotechnical, Pavement Design)
•
J2 Engineering & Environmental Design (Appendix E)
o Drainage
o Landscaping and Aesthetic
o Reports (Drainage)
•
MakPro Services (Appendix F)
o Public involvement
•
T.Y. Lin International (Appendix G)
o Roadway (Northern Parkway, East abutment of the New River Bridge to approximately
400 feet west of 99th Avenue; New River multi-use path)
o Structures (New River Bridge)
o Utilities coordination
o Public involvement
•
Y2K Engineering (Appendix H)
o ITS conduit, interconnect/fiber
o Traffic signals oversight
SECTION 100 PROJECT MANAGEMENT
100.1
Project Work Plan
The Consultant shall establish a project management system and work plan for schedule and budget
control and shall be responsive to input from MCDOT. The Consultant shall maintain a master project
documentation file.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 3 of 16
100.2
Project Initiation
The project will be managed by a Project Manager (PM) from the MCDOT Project Management
Branch. The PM put together the overall Project Work Plan (PWP). The PM will submit the scope,
schedule, and budget to the PRC for approval. The Consultant will initiate the project upon approval.
The Consultant will initiate the project including converting TT0600 scoping files to the MCDOT
OpenRoads CADD Standards workspace. An allowance of one-hundred (100) hours is provided for this
task.
100.2.1 Matrix of Responsibilities
Table 1 is a summary of the division of responsibilities among the Consultant, MCDOT and others.
Table 1 – Matrix of Responsibilities
Scope
Section
Item
Consultant
MCDOT
Other
(Identify)
100
Project Management
X
X
200
Data Acquisition
X
X
300
Land Survey
X
400
Project Coordination
X
X
X (Aztec,
MakPro, TY
Lin)
500
Utilities and Railroad
X
X
X (TY Lin)
600
Environmental
X
X
X (Aztec)
800
Technical Memoranda and
Reports
X
X (Ethos, J2)
900
Right-of-Way
X
X
X (MCRED)
1100
Plans, Specifications and
Estimate
X
X (Aztec, J2,
TY Lin,
Y2K)
1200
Value Engineering
X
X
1300
Bidding Phase
X
X
X (TY Lin)
1400
Construction Phase
X
X
X (Aztec,
Ethos, J2,
TY Lin,
Y2K)
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 4 of 16
100.2.2 Matrix of Deliverables
Table 2 provides a list of all deliverables for each submittal stage of the project. MicroStation design
software will be used to develop CADD deliverables using MCDOT’s CADD Standards. All
deliverables will be submitted electronically to MCDOT.
Table 2 – Matrix of Deliverables
Supplier
Milestone Submittal Item
FINAL DESIGN PHASE
60%
PS&E
Submittal
95%
PS&E
Submittal
100%
PS&E
Submittal
Sealed
PS&E
Environment
EA Reevaluation (see Appendix C)
F
FR
S
Traffic
Traffic Analysis Report
F
FR
S
Drainage
Drainage Report
F
FR
S
Geotechnical
Geotechnical Report
S
Geotechnical
Pavement Design Report
S
Sidewalks
ADA Report
F
FR
S
Lighting
Roadway Lighting Report
F
FR
S
Roadway
Earthwork Report
P
F
FR
S
Roadway
Roadway Plans (see Section 1100)
P
F
FR
S
Roadway
Cross Sections (see Section 1100)
P
F
FR
FR
Drainage
Drainage Plans (see Appendix E)
P
F
FR
S
Traffic
Traffic and ITS Plans (see Section
1100 and Appendix H)
P
F
FR
S
Lighting
Lighting Plans (see Section 1100)
P
F
FR
S
Structure
Structure Plans (see Appendix C
and Appendix G)
P
F
FR
S
Utility
Utility Relocation Plans (see
Section 500)
P
F
FR
S
Landscape
and
Aesthetics
Landscape, Aesthetics, and SWPPP
Plans (see Appendix E)
P
F
FR
S
All
Designers
Specifications and Special
Provisions
P
P
F
S
All
Designers
Quantities and Cost Estimates
P
F
FR
S
All
Designers
Contract Time and Construction
Schedule
I
P
FR
S
All
Designers
Final Design Calculations
P
F
FR
S
Roadway
Corridor Model Development
P
F
FR
FR
All
Designers
CADD Files
P
F
FR
FR
I = Initial, P = Preliminary, F = Final, FR = Final Revised, S = Sealed
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 5 of 16
100.2.3 Communication Plan
The Consultant will maintain a current copy of the contact table. The contact table is included as
Appendix B. The groups involved include:
•
Maricopa County Staff (Project Team);
•
Cities of Peoria, Glendale and El Mirage (Project Partners); and
•
Consultant and sub-consultants (Design Team).
100.3
Kick-Off Meeting
The Consultant shall work with the MCDOT PM to schedule a project kick-off meeting (KOM)
following the NTP to the Consultant. The Consultant shall be responsible for preparing the KOM
agenda, sign-in sheet, presentation, handout material, attending and facilitating the KOM, and
submitting meeting notes to the MCDOT PM. The kick-off meeting will take place virtually. The
meeting is anticipated to last approximately two (2) hours and will include the Project Team, Project
Partners, and Design Team.
The Consultant shall send a meeting agenda to the MCDOT PM a minimum of one (1) week prior to the
meeting date for distribution.
The Consultant shall prepare a sign-in sheet and mark attendees present at the KOM. This attendance
list shall be sent to MCDOT with the meeting notes.
The Consultant shall prepare and send meeting notes to the MCDOT PM within five (5) business days
of the meeting occurrence for review. MCDOT shall be responsible for distributing the meeting notes
after the PM’s review and approval. Meeting attendees shall have an additional five (5) business days to
comment on the submitted meeting notes, after which time the notes will be considered final.
100.4
Design Criteria
The Consultant shall use the design criteria provided in the Scope of Services for the design of Northern
Parkway: Agua Fria Bridge to 99th Avenue provided by MCDOT and the design criteria established
during the Scoping Design Report for the Northern Parkway Corridor to develop the construction
documents for this project.
100.5
Design Exceptions
No design exceptions are anticipated and thus not included herein.
100.6
Project Progress Meetings
The Consultant will conduct Project Progress Meetings, which include comment resolution meetings,
for the duration of the design portion of the project. Project Progress Meetings shall take place
approximately once every month for the first year and bi-monthly thereafter, beginning the month after
the KOM. An estimated thirty (30) meetings are anticipated with twelve (12) held virtually and eighteen
(18) held in-person. In-person meetings will take place at the MCDOT offices located at 2901 W.
Durango Street, Phoenix, Arizona. Each meeting will last approximately one and one-half (1.5) hours.
The Consultant will have up to six (6) representatives in attendance at each meeting. The Consultant
will prepare all meeting materials.
The Consultant shall prepare and send meeting notes to the MCDOT PM within five (5) business days
of the meeting occurrence for review. MCDOT shall be responsible for distributing the meeting notes
after the PM’s review and approval. Meeting attendees shall have an additional five (5) business days to
comment on the submitted meeting notes, after which time the notes will be considered final.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 6 of 16
100.8
Field Walk with Project Team
The Consultant will conduct two (2) field meetings with the project team. Each meeting will last
approximately four (4) hours. The Consultant will have up to four (4) representatives in attendance at
each meeting. The Consultant will prepare all meeting materials.
100.12
Project Administration
The Consultant will administer and coordinate the work of Design Team members and interface with
the MCDOT Project Team. Project administration encompasses the day-to-day operations of the project,
including organizing and filing project data and communication files, responding to project
correspondence including emails, preparation of regular monthly progress reports and invoices,
performance of monthly budget updates, and schedule monitoring. This task includes the management
of subconsultants as well as interfacing and communication necessary to keep stakeholders fully and
accurately informed.
The Consultant shall prepare a Project Schedule which describes the project master schedule and
interrelated tasks to be completed for the project’s proposed improvements, including all major
milestone submittals. The Consultant shall update the project schedule before progress meetings over
the course of the project’s design duration.
100.13
Quality Assurance/Control
The Consultant shall be responsible for the development of a Quality Assurance (QA)/Quality Control
(QC) plan. The Consultant shall be responsible for the accuracy and completeness of the plans and
related design prepared under the contract and shall check such material accordingly. The Consultant
shall have a quality control plan in effect during the entire time work is being performed under the
contract. The plan shall establish a process whereby plans, calculations and documents submitted for
review shall be clearly marked as being fully checked by a qualified individual other than the originator.
The plan shall address checking procedures, training of employees in quality requirements, and methods
of monitoring and documenting quality control activities including reviewing all documents for
conformance. The QA/QC plan shall include such elements as checklists of items to be reviewed prior
to each submittal, the procedures for conducting QA/QC activities, and the person(s) responsible for
QA/QC activities at each step of project development. PDM Quality Control Checklist items that are not
applicable (N/A) will be identified in the QA/QC plan. Subconsultant work that is used shall be
reviewed by the Consultant for compliance with this Scope of Services, prior to submittal for review by
MCDOT.
The Consultant shall submit the quality control plan to MCDOT for approval within five (5) working
days of receipt of written NTP. Periodic Quality Control audits may be performed by the PM.
SECTION 200 DATA ACQUISITION
200.1
Project Research/Data Collection
The Consultant will collect and document existing data relevant to the project, including new private
development activities.
200.2
Review Acquired Data
The Consultant will review the data acquired and incorporate into the final design documents as
appropriate.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 7 of 16
200.3
Identify Additional Information Needs
The Consultant will identify additional information needed to complete the final design documents,
contact the appropriate agencies, and obtain the needed information. The Consultant will then review
the acquired data and incorporate into the final design documents as appropriate.
200.4
Site Visit and Project Research
The Consultant shall perform three (3) site visits over the duration of the project to observe site
conditions and design issues within the project limits.
SECTION 300 LAND SURVEY
300.3
Supplemental Field Survey
MCDOT will perform all necessary Land Survey activities and tasks. The Consultant will review the
provided survey data, identify additional survey needs, and coordinate with MCDOT for any additional
survey request. If additional survey data is needed, the Consultant shall submit a request through the
MCDOT PM.
SECTION 400 PROJECT COORDINATION
400.1
Stakeholder Meetings
Stakeholder meetings shall be held with the following entities. The number of anticipated meetings with
each stakeholder is designated in parentheses:
•
City of Glendale (i.e. city staff, first responders, elected officials) two (2),
•
City of Peoria (i.e. city staff, first responders, elected officials) two (2),
•
Private Developers (4 parcels, 1 per parcel) four (4),
•
Country Meadows Condominiums II Homeowners Association one (1),
•
Flood Control District Maricopa County (FCDMC) one (1),
•
Army Corp of Engineers one (1), and
•
Federal Emergency Management Agency one (1).
Coordination with active adjacent private developments will be necessary to ensure development design
for off-site improvements are compatible with the improvements proposed as part of the TT0600
project. This may include driveway/access location coordination, utility services, setbacks and drainage.
The Consultant anticipates that design of these improvements will remain the responsibility of the
development team for each site; the Consultant shall work with the development team to incorporate
improvements into the project.
The Consultant shall be responsible for preparing the meeting agenda, exhibits, handouts, attending and
facilitating the meetings, and submitting notes of the meeting to MCDOT. All meeting agendas shall be
sent to the MCDOT PM a minimum of 24-hours prior to the meeting occurrence for distribution.
The Consultant shall be responsible for taking attendance of meeting attendees. The attendance list shall
be distributed with the meeting notes.
Meeting notes shall be sent to the MCDOT PM within five (5) business days of the meeting occurrence
for review. The MCDOT PM shall be responsible for distributing the meeting notes after review.
Meeting attendees shall have an additional five (5) business days to comment on the submitted meeting
notes, after which time the notes will be considered final.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 8 of 16
An allowance of one-hundred (100) hours is provided for this task, based on two Consultant staff
members attending, coordinating, preparing, and documenting each meeting.
400.2
Public Involvement Plan
One public meeting is anticipated. Consultant will assist MCDOT with the development of a public
involvement strategy. Additional public involvement support services will be performed by a
subconsultant as outlined in Appendix F. The Consultant will manage the Public Involvement activities
outlined in Appendix F.
400.5
Public Meeting Summary and Comments
MCDOT will compile a summary of public meeting input. The Consultant shall provide MCDOT a
summary of input received from interactions at the public meeting.
400.6
60% Public Project Update Activity and Feedback
The Consultant will develop materials for the public involvement meeting. The materials will be
coordinated with MCDOT, Peoria, and Glendale. This may include mailers, fact sheets, exhibits, talking
points, and surveys. The Consultant will provide the electronic exhibits to the MCDOT for production.
The Consultant will not produce hard copies.
The Consultant will attend one (1) public meeting. The public meeting is anticipated to occur in-person
near the project site. The public meeting is anticipated to have a duration of four (4) hours. The
Consultant will have three (3) representative in attendance at the meeting.
An allowance of one-hundred (100) hours is provided for this task.
400.7
95% Public Outreach Materials
The Consultant shall provide electronic exhibits and information for MCDOT public outreach activities.
It is assumed that the exhibits are updates to materials prepared under Section 400.6. An allowance of
forty (40) hours is provided for this task.
400.8
Project Specific Partnering Special Provisions
The Consultant shall identify and develop project specific partnering special provisions with the project
partners to address the improvements identified in Section 1100.1. An allowance of forty (40) hours is
provided for this task.
400.10
Intergovernmental Agreements (IGA)
The Consultant will coordinate with partner agencies to identify Intergovernmental and Maintenance
Agreement needs pertaining to the improvement elements identified in Section 1100.1. The IGAs
developed as part of TT0372 will serve as a framework. Exhibits depicting maintenance responsibilities
will be prepared. An allowance of forty (40) hours is provided for this task.
SECTION 500 UTILITIES AND RAILROAD
The Utility services will be performed by a subconsultant as outlined in Appendix G and MCDOT.
These include coordination, maintaining the utility base map, and identifying conflicts and test hole
requests. The Consultant will manage Utility activities outlined in Appendix G and perform the services
identified below.
500.5
Pothole Data on Plans, Profiles and Cross Sections
The Consultant will update existing utility data on the plan and profile sheets and place pothole data on
cross section sheets identified in Section 1100.1.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 9 of 16
500.10
Proposed Utility Data on Plans, Profiles and Cross Sections
The Consultant will place proposed utility data on the plan, profile, and cross section sheets identified in
Section 1100.1.
500.11
Utility Relocation Plans
The Consultant will develop relocation plans for city-owned utilities in conflict with the proposed
design as identified within the Scoping Design Report. R/W and/or easement requirements for utility
relocations shall be developed by the Consultant in consultation with utility provider and Utilities
Coordinator. These are:
•
Peoria 85 linear feet (LF) of 6” sewer line at the northeast corner of Northern Avenue and 107th
Avenue;
•
Glendale 185 LF of 12” water line at the southeast corner of Northern Avenue and 111th
Avenue;
•
Glendale 675 LF of 12” water line at the Northern Avenue / New River Bridge; and
•
Glendale 2,500 LF 12” water line along the south side of Northern Avenue between 111th
Avenue and 108th Avenue.
The Consultant will Utility Relocation Sheets at 20 scale in accordance with the RDM: one (1) cover
sheet; three (3) notes sheets; two (2) detail sheets; and nine (9) plan and profile sheets. These sheets will
be incorporated within the overall plan set outline in Section 1100.
500.13
Utility Special Provisions
The Consultant shall identify and develop needed utility special provisions with the project partners to
address the improvements described in Section 500.11.
500.14
Utility Relocation Cost Estimates
The Consultant will develop a construction cost estimate for the city-owned utilities identified in
Section 500.11.
500.15
Utility and Railroad Agreements
MCDOT will develop any necessary utility agreements for the project. Consultant shall provide
information to the Utility Coordinator as requested to support the development of the agreements.
500.16
Utility Clearance Letter
MCDOT will develop the utility clearance letter. Consultant shall provide information to the Utility
Coordinator as requested to support the development of the utility clearance letter.
500.17
Utility Coordination Meetings
MCDOT shall arrange and conduct utility coordination meetings to facilitate identification and
resolution of conflicts for all impacted utility owners. The Consultant will attend ten (10) utility
coordination meetings to coordinate relocation design with APS, Glendale, Peoria, and FCDMC.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 10 of 16
SECTION 600 ENVIRONMENTAL
The Environmental services will be performed by a subconsultant as outlined in Appendix C. The
Consultant will manage the Environmental activities outlined in Appendix C. Labor-hours have been
estimated for Consultant to coordinate with MCDOT and ADOT on the approval of the Environmental
document and to coordinate with subconsultant to provide support information for the environmental
clearance document. MCDOT will complete all services related to environmental clearances for field
work.
SECTION 800 TECHNICAL MEMORANDA AND REPORTS
800.1
Traffic Analysis
The Consultant will review traffic impact analysis (TIA) documentation from new developments, since
the completion of the scoping document for TT0600, adjacent to the study corridor. Review will be
limited to ensuring that the trips identified in the respective TIAs can be accommodated by the final
design proposed in the scoping plans. An allowance of forty (40) hours is included within the overall
budget for this review.
The Consultant will refine, update, and finalize the sealed Traffic Analysis Report prepared as part of
the TT0600 Scoping Design Report. The design phase Traffic Analysis Report shall be an updated Final
version, confirming the initial assumptions and analysis, including number of lanes, lane configurations,
storage bay lengths, projected Level of Service for segments and at all major intersections within the
project. Traffic signal timing and progression analysis shall be completed. An additional eighty (80)
hours is included for the Traffic Analysis Report.
800.2
Drainage Report
The Drainage Report will be prepared by a subconsultant as outlined in Appendix E. The Consultant
will manage the Drainage activities outlined in Appendix E.
800.4
Geotechnical and Pavement Design Report
The Geotechnical Report and Pavement Design Report will be prepared by a subconsultant as outlined
in Appendix D. The Consultant will manage the Geotechnical and Pavement Design activities outlined
in Appendix D.
800.8
ADA Report
The Consultant will prepare an ADA Report in accordance with ADOT guidelines. The ADA Report
will provide a high-level overview of how the design accommodates all users during and after
construction.
800.9
Roadway Lighting Design and Report
The Consultant will prepare a Roadway Lighting Report in accordance with Peoria and ADOT
guidelines.
SECTION 900 RIGHT-OF-WAY
Consultant will coordinate with the Maricopa County Real Estate Department (MCRED) for right-of-
way and easement acquisition. The Consultant will provide the proposed right-of-way line work to
MCRED. MCRED will prepare information as needed to perform the land right acquisitions necessary
from the adjacent landowners to facilitate the proposed improvements.
The following items are not included within this scope of services:
•
Site development for Country Meadows Condominiums II
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 11 of 16
•
Assessing feasibility of partial demolition/salvage of buildings within Country Meadows
Condominiums II
900.2
R/W Base Map
The Consultant shall coordinate with MCDOT and MCRED to obtain the right-of-way mapping to
overlay with MCDOT provided aerial imagery. MCRED will verify the right-of-way base map
developed during the Scoping phase and provide it to the Consultant.
900.13
Right-of-Entry (Environmental, Geotechnical, Potholing)
The Consultant shall coordinate with MCDOT, MCRED, Peoria, and Glendale to obtain rights-of-entry
needed for field work. The Consultant shall prepare the exhibits and documentation; it is assumed
MCRED will lead coordination with the property owners. Four (4) are anticipated. An allowance of
one-hundred (100) hours is provided for this task.
SECTION 1100
PLANS, SPECIFICATIONS AND ESTIMATE
1100.1
60% Plans, Specifications and Estimate Development
The Consultant will design and prepare the construction documents listed and described herein for the
following geographic limits and disciplines. Sheets will be prepared in accordance with the RDM,
Peoria, and Glendale standards:
•
Northern Avenue from the Agua Fria Bridge to the east abutment of the New River Bridge
o Roadway sheets including typical section sheets, detail sheets, plan sheets, profile
sheets, driveway profile sheets, and intersection detail sheets;
o Traffic sheets including signing and striping notes sheets, striping quantity sheets, sign
summary sheets, and signing and striping plan sheets;
o Traffic sheets including the signal notes sheets, signal plan sheets, and signal schedule
sheets for the signalized intersections of Northern Avenue and 115th Avenue, 111th
Avenue, 107th Avenue, and 103rd Avenue; and
o Roadway lighting sheets.
•
107th Avenue (from 1,100 feet south of Northern Avenue to 100 feet north of Northern
Avenue), 103rd Avenue (from Northern Avenue to 100 feet north of Northern Avenue), Glen
Harbor Boulevard (from 450 feet south of Northern Avenue to Northern Avenue), Orangewood
Avenue (from 107th Avenue to Glen Harbor Boulevard), and Augusta Avenue (from 700 feet
west of 107th Avenue to 107th Avenue)
o Roadway sheets including typical section sheets, detail sheets, plan and profile sheets,
driveway profile sheets, and an intersection detail sheet;
o Traffic sheets including sign summary sheets and signing and striping plan sheets; and
o Roadway lighting sheets.
•
Project Wide
o General civil sheets including face sheet, general notes sheet, keymap sheet, and
quantity summary sheets;
o Traffic control/maintenance of traffic sheets including traffic control notes sheets,
traffic control quantities sheet, maintenance of traffic phasing sheets, advanced warning
signs plan sheets, trailblazing plan sheets, and traffic control plan sheets;
o Public utility relocation plans as specified in Section 500; and
o Specifications and Special Provisions for the roadway, traffic design, traffic control,
and roadway lighting elements.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 12 of 16
The Consultant will coordinate with other project disciplines to prepare the construction documents.
Preparation for additional disciplines are included in the following appendices:
•
Appendix C – Structures (wall) design;
•
Appendix E – Drainage, landscaping and aesthetic design;
•
Appendix G – Roadway, structures (bridge), and multi-use path design; and
•
Appendix H – ITS design.
1100.1.1 Face Sheet
The Consultant will develop the face sheet utilizing the face sheet created during scoping as a basis.
1100.1.2 General Notes Sheet
The Consultant will develop one (1) general notes sheet utilizing the general notes sheet created during
scoping as a basis.
1100.1.3 Keymap Sheet
The Consultant will develop one (1) keymap sheet utilizing the keymap sheet created during scoping as
a basis.
1100.1.4 Quantity Summary Sheets
The Consultant will develop six (6) quantity summary sheets utilizing the quantity summary sheets
created during scoping as a basis.
1100.1.5 Geometric Control Sheets
The Consultant will develop three (3) geometric control sheets utilizing the geometric control sheets
created during scoping as a basis.
1100.1.6 Typical Section Sheets
The Consultant will develop roadway typical sections for the limits of work listed above in Section
1100.1 utilizing typical sections created during scoping as a basis. This work consists of fourteen (14)
typical sections for a total of seven (7) typical section sheets.
1100.1.7 Northern Avenue Plan Sheets
The Consultant will develop twenty-six (26) roadway plan sheets along Northern Avenue at 20 scale for
the limits of work listed above in Section 1100.1, utilizing the plan sheets developed during scoping as a
basis.
1100.1.8 Northern Avenue Profile Sheets
The Consultant will develop twenty-six (26) roadway profile sheets along Northern Avenue at 20 scale
horizontal and 2 scale vertical for the limits of work listed above in Section 1100.1, utilizing the profile
sheets developed during scoping as a basis.
1100.1.9 Roadway Plan and Profile Sheets
The Consultant will develop eight (8) roadway plan and profile sheets for improvements along 107th
Avenue (two sheets), Glen Harbor Boulevard (one sheet), 103rd Avenue (one sheet), Orangewood
Avenue (two sheets), and Augusta Avenue (two sheets). Sheets will be developed at 20 scale horizontal
and 2 scale vertical for the limits of work listed above in Section 1100.1, utilizing the plan and profile
sheets developed during scoping as a basis.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 13 of 16
1100.1.10 Intersection Detail Sheets
The Consultant will develop five (5) Intersection Detail sheets, one (1) for each signalized intersection
location and one (1) at the intersection of 107th Avenue and Orangewood Avenue. The sheets will be at
20 scale.
1100.1.11 Driveway Profile Sheets
The Consultant will develop driveway profiles for eleven (11) driveways within the limits of work listed
above in Section 1100.1. These profiles will be placed on three (3) driveway profile sheets at 20 scale
horizontal and 2 scale vertical utilizing the profile sheets developed during scoping as a basis.
1100.1.12 Detail Sheets
The Consultant will develop four (4) detail sheets. Detail sheets will include median crossover
treatments and bike-lane/sidewalk transitions adjacent to the New River bridge.
1100.1.13 Traffic Control Notes Sheets
The Consultant will develop three (3) traffic control note sheets incorporating requirements from
MCDOT, Peoria, and Glendale.
1100.1.14 Traffic Control Quantities Sheet
The Consultant will develop one (1) traffic control quantity sheet.
1100.1.15 Maintenance of Traffic Phasing Sheets
The Consultant will develop two (2) Maintenance of Traffic Phasing sheets.
1100.1.16 Advanced Warning Signs Plan Sheets
The Consultant will develop six (6) Advanced Warning Signs plan sheets.
1100.1.17 Trailblazing Plan Sheets
The Consultant will develop two (2) Trailblazing plan sheets.
1100.1.18 Traffic Control Plan Sheets
The Consultant will develop forty-eight (48) Traffic Control plan sheets at 40 scale.
1100.1.19 Temporary Signal Sheets
The Consultant will develop eight (8) Temporary Signal Sheets. Temporary Signal Sheets will be
prepared for temporary signals at two (2) Northern Avenue intersections: 107th Avenue and 103rd
Avenue. It is anticipated that two (2) unique temporary signal configurations will be required for each
signal. It is anticipated that each configuration will require two (2) sheets.
1100.1.20 Signing and Striping Cover Sheet
The Consultant will develop one (1) signing and striping cover sheet.
1100.1.21 Signing and Striping Notes Sheet
The Consultant will develop one (1) signing and striping notes sheet incorporating standard notes from
MCDOT, Peoria, and Glendale.
1100.1.22 Striping Details Sheet
The Consultant will develop one (1) striping details sheet.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 14 of 16
1100.1.23 Striping Quantities Sheet
The Consultant will develop one (1) striping quantity sheet for the limits of work listed above in Section
1100.1.
1100.1.24 Sign Summary Sheets
The Consultant will develop eight (8) sign summary sheets for the limits of work listed above in Section
1100.1.
1100.1.25 Signing and Striping Plan Sheets
The Consultant will develop twenty-two (22) signing and striping plan sheets at 40 scale for the limits
of work listed above in Section 1100.1, utilizing the striping plan sheets developed during scoping as a
basis.
1100.1.26 Sign Format Sheets
The Consultant will develop thirteen (13) Sign Format Sheets detailing a maximum of twenty (20)
specialty sign panels meeting MCDOT, Glendale, and Peoria standards.
1100.1.27 Signal Notes Sheets
The Consultant will develop two (2) Signal Note sheets incorporating standard notes from MCDOT and
Peoria.
1100.1.28 Signal Plan Sheets
The Consultant will develop four (4) signal plan sheets for the limits of work listed above in Section
1100.1 at 20 scale, utilizing the signal plan sheets developed during scoping as a basis. The sheets will
follow Peoria format for plan consistency.
1100.1.29 Signal Pole Schedule Sheets
The Consultant will develop four (4) signal pole schedule sheets for the corresponding signal plan
sheets. The sheets will follow Peoria format for plan consistency.
1100.1.30 Signal Conductor Schedule Sheets
The Consultant will develop four (4) signal conductor schedule sheets for the corresponding signal plan
sheets. The sheets will follow Peoria format for plan consistency.
1100.1.31 Roadway Lighting Sheets
The Consultant will develop one (1) lighting general notes sheet, four (4) service point detail sheets, one
(1) special detail sheet, eighteen (18) lighting plan sheets, and four (4) pole data table sheets. The
lighting plan sheets will be at 100 scale.
1100.1.32 Specification and Special Provision Preparation
The Consultant will develop specifications for the work listed above in Section 1100.1. The Consultant
will incorporate the specifications and special provisions from all disciplines into the final Special
Provisions for the project.
The Consultant shall prepare a construction contract time schedule for the project as part of each
submittal stage.
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 15 of 16
1100.1.33 Construction Cost Estimate
The Consultant will develop quantities for work listed above in Section 1100.1 and provide unit pricing
for items unique to the limits of work. The Consultant will incorporate the quantities and unit prices
from all disciplines into the final Engineer’s Estimate.
1100.1.34 Corridor Model Development
A 3D corridor model will be developed for the roadways and will be used to design profiles, estimate
earthwork, identify construction limits, develop quantities, and prepare cross sections. The Consultant
will develop the corridor model in OpenRoads Designer for the limits of work listed above in Section
1100.1.
1100.1.35 Cross Section Sheets
The Consultant will develop cross section sheets for the limits of work listed above in Section 1100.1.
Cross Section Sheets include one (1) cover sheet, one (1) summary sheet, one (1) mass haul diagram
sheet, and seventy-three (73) cross section sheets. An Earthwork Report will be prepared per the PDM.
1100.2
60% PS&E Submittal
The Consultant will have senior staff perform an internal technical review on deliverables. The
Consultant will create and deliver submittal documents.
1100.3
95% Plans, Specifications and Estimate Development
The Consultant will update the plans, specifications and estimate elements identified in Section 1100.1
per comments received from MCDOT, ADOT, Peoria and Glendale. The hours and fee to complete this
task is included within the Section 1100.1 subsections.
1100.4
95% PS&E Submittal
The Consultant will have senior staff perform an internal technical review on deliverables. The
Consultant will create and deliver submittal documents.
1100.5
100% Plans, Specifications and Estimate Development
The Consultant will update the plans, specifications and estimate elements identified in Section 1100.1
per comments received from MCDOT, ADOT, Peoria and Glendale. The hours and fee to complete this
task is included within the Section 1100.1 subsections.
1100.6
100% PS&E Submittal
The Consultant will have senior staff perform an internal technical review on deliverables. The
Consultant will create and deliver submittal documents.
1100.7
Sealed Plans, Specifications and Estimate Development
The Consultant will update the plans, specifications and estimate elements identified in Section 1100.1
per comments received from MCDOT, ADOT, Peoria and Glendale. The hours and fee to complete this
task is included within the Section 1100.1 subsections.
1100.8
Constructability Review
Consultant will perform a Constructability Review prior to all project submittals (60%, 95%, 100% and
Sealed).
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
Page 16 of 16
1100.9
Construction Phasing
The Consultant will investigate and develop construction phasing for roadway improvements to be
constructed utilizing the TT0600 construction documents. The effort to detail the construction phasing
within the plan set is covered in Section 1100.1.
1100.10
Sealed PS&E Submittal
The Consultant will seal and submit the plans, specifications and estimate elements identified in Section
1100.1.
SECTION 1200
VALUE ENGINEERING
1200.5
Value Engineering Analysis
The Consultant shall perform a cost-savings analysis during the early stages of design and present the
findings and suggestions to the Northern Parkway Partners prior to proceeding into the 60% stage of
development. An allowance of forty (40) hours is provided for this task.
SECTION 1300
BIDDING PHASE
1300.6
Preparation of Addenda
The Consultant will attend the pre-bid meeting. It is assumed that the pre-bid meeting will be prepared
for and conducted by others.
The Consultant will respond to questions during the bidding phase and will prepare addenda. An
allowance of twenty-four (24) hours is provided for this task.
SECTION 1400
CONSTRUCTION PHASE
1400.1
Pre-Construction Conference
The Consultant will attend the Pre-Construction Conference to help bring the contractor on board as the
project enters the construction phase. The Consultant will have four (4) representatives in attendance.
The meeting is anticipated to last 2 hours.
1400.2
Requests for Information (RFIs)
The CONSULTANT will provide post design services. Post design services may include:
•
Provide personnel and equipment to update the project documents, which may be required due
to changes in site conditions between the completion of the plans and the bidding of the project.
•
Prepare additional documents for alternate bids for the Work or a portion thereof.
•
Determine the acceptability of substitute materials and equipment proposed.
•
Assist in evaluating bid protests.
•
During the construction phase respond to questions and make site visits as requested by
MCDOT, to clarify and interpret the intent of the project documents.
Post design services will be performed within the budgeted allowance.
No hours are anticipated for record drawings at this time, this effort is considered included in the
Construction Manager’s scope of work.
EXHIBIT B
CONSULTANT’S FEE PROPOSAL
CONTRACT NO. 2021-045
NORTHERN PARKWAY: AGUA FRIA BRIDGE TO
99TH AVENUE FINAL DESIGN
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - A
DERIVATION OF COST
Northern Parkway, Agua Fria Bridge to 99th Avenue
Burgess & Niple, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Sr. Project Manager
444
79.38
$
35,245
$
Sr. Engineer
1,528
70.77
$
108,136
$
Engineer 4
2,360
56.94
$
134,378
$
Engineer 3
2,216
47.35
$
104,928
$
Engineer 2
2,690
39.93
$
107,412
$
Engineer 1
2,164
36.19
$
78,315
$
GIS/Graphics
112
41.26
$
4,621
$
Contract Administrator
80
35.25
$
2,820
$
Intern
48
20.00
$
960
$
11,642
Hours
Estimated Labor Cost
576,815
$
Overhead
188.00%
1,084,412
$
Subtotal
1,661,227
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
1,571
$
Plotting
-
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
1,571
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
AZTEC Engineering Group, Inc.
179,717
$
Ethos Engineering, LLC
184,864
$
J2 Engineering & Environmental Design, LLC
384,987
$
MakPro Services, LLC
7,701
$
T.Y. Lin International
506,195
$
Y2K Engineering, LLC
99,039
$
Total Estimated Outside Services
1,362,503
$
PROFIT (Direct Labor +Overhead)
10%
166,122.72
TOTAL ESTIMATED FEE
3,191,423
$
CONTRACT TIME
Calendar Days
1888
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
12/7/2021
DERIVATION OF COST PROPOSAL SUMMARY (Design A + Construction B)
12/7/2021
Page 1 of 4
Northern Parkway, Agua Fria Bridge to 99th Avenue
Burgess & Niple, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Sr. Project Manager
436
79.38
$
34,610
$
Sr. Engineer
1,472
70.77
$
104,173
$
Engineer 4
1,960
56.94
$
111,602
$
Engineer 3
1,816
47.35
$
85,988
$
Engineer 2
2,290
39.93
$
91,440
$
Engineer 1
2,164
36.19
$
78,315
$
GIS/Graphics
112
41.26
$
4,621
$
Contract Administrator
80
35.25
$
2,820
$
Intern
48
20.00
$
960
$
10,378
Hours
Estimated Labor Cost
514,529
$
Overhead
188.00%
967,315
$
Subtotal
1,481,844
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
1,571
$
Plotting
-
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
1,571
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
AZTEC Engineering Group, Inc.
169,606
$
Ethos Engineering, LLC
169,266
$
J2 Engineering & Environmental Design, LLC
339,994
$
MakPro Services, LLC
7,701
$
T.Y. Lin International
462,722
$
Y2K Engineering, LLC
82,834
$
Total Estimated Outside Services
1,232,123
$
PROFIT (Direct Labor +Overhead)
10%
148,184.35
TOTAL ESTIMATED FEE
2,863,721
$
CONTRACT TIME
Calendar Days
1888
(Figures Rounded To The Nearest $1)
12/7/2021
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY (Design Phase - A)
12/7/2021
Page 2 of 4
Northern Parkway, Agua Fria Bridge to 99th Avenue
Burgess & Niple, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Sr. Project Manager
8
79.38
$
635
$
Sr. Engineer
56
70.77
$
3,963
$
Engineer 4
400
56.94
$
22,776
$
Engineer 3
400
47.35
$
18,940
$
Engineer 2
400
39.93
$
15,972
$
Engineer 1
-
36.19
$
-
$
GIS/Graphics
-
41.26
$
-
$
Contract Administrator
-
35.25
$
-
$
Intern
-
20.00
$
-
$
1,264
Hours
Estimated Labor Cost
62,286
$
Overhead
188.00%
117,098
$
Subtotal
179,384
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
-
$
Plotting
-
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
-
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
AZTEC Engineering Group, Inc.
10,111
$
Ethos Engineering, LLC
15,598
$
J2 Engineering & Environmental Design, LLC
44,993
$
MakPro Services, LLC
-
$
T.Y. Lin International
43,473
$
Y2K Engineering, LLC
16,205
$
Total Estimated Outside Services
130,380
$
PROFIT (Direct Labor +Overhead)
10%
17,938.37
TOTAL ESTIMATED FEE
327,702
$
CONTRACT TIME
Calendar Days
1888
(Figures Rounded To The Nearest $1)
12/7/2021
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY (Construction Phase - B)
12/7/2021
Page 3 of 4
Northern Parkway, Agua Fria Bridge to 99th Avenue
Burgess & Niple, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Sr. Project
Manager
Sr.
Engineer
Engineer 4 Engineer 3 Engineer 2 Engineer 1 GIS/Graphi
cs
Contract
Administra
tor
Intern
Total
TASK
ESTIMATED STAFF HOURS - Final Design
Section 100 - Project Management
Task 100.1
Project Work Plan
8
4
12
24.0
Task 100.2
Project Initiation
100
100.0
Task 100.3
Kick-Off Meeting
8
8
8
8
8
40.0
Task 100.6
Project Progress Meetings
120
180
180
180
660.0
Task 100.8
Field Walk with Project Team
8
16
8
8
24
64.0
Task 100.12
Project Administration
140
180
140
80
80
16
80
716.0
Task 100.13
Quality Assurance/Control
4
8
12
12
36.0
Section 200 - Data Acquisition
Task 200.1
Project Research/Data Collection
4
8
8
20.0
Task 200.2
Review Acquired Data
8
8
16
8
16
56.0
Task 200.3
Identify Additional Information Needs
4
8
8
8
28.0
Task 200.4
Site Visit and Project Research
12
12
12
12
48.0
Section 300 - Land Survey
Task 300.3
Supplemental Field Survey
4
8
8
20.0
Task 400 - Project Coordination
Task 400.1
Stakeholder Meetings
20
20
20
20
20
100.0
Task 400.2
Public Involvement Plan
8
8
8
24.0
Task 400.5
Public Meeting Summary and Comments
4
4
4
12.0
Task 400.6
60% Public Project Update Activity and Feedback
16
16
16
8
44
100.0
Task 400.7
95% Public Outreach Materials
4
4
4
28
40.0
Task 400.8
Project Specific Partnering Special Provisions
8
16
16
40.0
Task 400.10
Intergovernmental Agreements (IGA)
4
12
12
12
40.0
Section 500 - Utilities and Railroad
Task 500.5
Pothole Data on Plans, Profiles and Cross Sections
133
1
16
40
48
104.0
Task 500.10
Proposed Utility Data on Plans, Profiles and Cross Sections
133
1
24
80
48
152.0
Task 500.11
Utility Relocation Plans
15
24
4
24
40
52
100
140
360.0
Task 500.13
Utility Special Provisions
16
16
16
48.0
Task 500.14
Utility Relocation Cost Estimates
8
8
8
8
32.0
Task 500.15
Utility and Railroad Agreements
4
8
8
20.0
Task 500.16
Utility Clearance Letter
4
8
8
20.0
Task 500.17
Utility Coordination Meetings
20
24
24
68.0
Section 600 - Environmental
8
16
24.0
Section 800 - Technical Memoranda and Reports
Task 800.1
Traffic Analysis
30
30
60
120.0
Task 800.2
Drainage Report
12
12.0
Task 800.4
Geotechnical and Pavement Design Report
24
24.0
Task 800.8
ADA Report
2
8
8
8
24
40
8
98.0
Task 800.9
Roadway Lighting Design and Report
20
20
40
40
80
200.0
Section 900 - Right-of-Way
12/7/2021
Page 4 of 7
Northern Parkway, Agua Fria Bridge to 99th Avenue
Burgess & Niple, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Sr. Project
Manager
Sr.
Engineer
Engineer 4 Engineer 3 Engineer 2 Engineer 1 GIS/Graphi
cs
Contract
Administra
tor
Intern
Total
TASK
ESTIMATED STAFF HOURS - Final Design
Task 900.2
R/W Base Map
8
16
16
40.0
Task 900.13
Right-of-Entry (Environmental, Geotechnical, Potholing)
20
40
40
100.0
Task 1100 - Plans, Specifications and Estimate
Task 1100.1
60% Plans, Specifications, and Estimate Development (full sheet development)
Task 1100.1.01
Face Sheet
1
8
4
4
8.0
Task 1100.1.02
General Notes Sheet
1
18
2
8
8
18.0
Task 1100.1.03
Keymap Sheet
300
1
24
12
12
24.0
Task 1100.1.04
Quantity Summary Sheets
6
16
4
12
40
40
96.0
Task 1100.1.05
Geometric Control Sheets
200
3
16
16
16
16
48.0
Task 1100.1.06
Typical Section Sheets
7
10
2
8
20
16
24
70.0
Task 1100.1.07
Northern Avenue Plan Sheets
20
26
26
20
72
148
200
212
24
676.0
Task 1100.1.08
Northern Avenue Profile Sheets
20
26
16
12
48
100
120
136
416.0
Task 1100.1.09
Roadway Plan and Profile Sheet
20
8
28
4
20
32
68
100
224.0
Task 1100.1.10
Intersection Detail Sheets
20
5
24
4
30
40
26
20
120.0
Task 1100.1.11
Driveway Profile Sheet
20
3
24
12
24
36
72.0
Task 1100.1.12
Detail Sheets
4
24
24
24
24
24
96.0
Task 1100.1.13
Traffic Control Notes Sheets
3
12
8
8
12
8
36.0
Task 1100.1.14
Traffic Control Quantities Sheet
1
24
4
4
8
8
24.0
Task 1100.1.15
Maintenance of Traffic Phasing Sheets
2
12
4
12
8
24.0
Task 1100.1.16
Advanced Warning Signs Plan Sheets
6
16
24
32
40
96.0
Task 1100.1.17
Trailblazing Plan Sheets
2
16
4
8
20
32.0
Task 1100.1.18
Traffic Control Plan Sheets
40
48
16
100
120
140
180
212
16
768.0
Task 1100.1.19
Temporary Signal Sheets
40
8
16
20
36
48
24
128.0
Task 1100.1.20
Signing and Striping Cover Sheet
1
16
4
8
4
16.0
Task 1100.1.21
Signing and Striping Notes Sheet
1
20
4
8
8
20.0
Task 1100.1.22
Striping Details Sheet
1
24
8
8
8
24.0
Task 1100.1.23
Striping Quantities Sheet
1
28
4
8
8
8
28.0
Task 1100.1.24
Sign Summary Sheets
8
20
4
16
36
44
60
160.0
Task 1100.1.25
Signing and Striping Plan Sheets
40
22
20
48
48
80
116
148
440.0
Task 1100.1.26
Sign Format Sheet
13
36
48
80
100
120
120
468.0
Task 1100.1.27
Signal Notes Sheets
2
24
24
24
48.0
Task 1100.1.28
Signal Plan Sheets
20
4
24
8
16
32
40
96.0
Task 1100.1.29
Signal Pole Schedule Sheets
4
16
8
8
24
24
64.0
Task 1100.1.30
Signal Conductor Schedule Sheets
4
16
8
8
24
24
64.0
Task 1100.1.31
Roadway Lighting Sheets
28
24
40
100
140
192
200
672.0
Task 1100.1.32
Specification and Special Provision Preparation
40
100
100
80
40
360.0
Task 1100.1.33
Construction Cost Estimate
12
48
60
20
40
180.0
Task 1100.1.34
Corridor Model Development
8
40
40
88.0
Task 1100.1.35
Cross Section Sheets
76
2
12
48
48
44
152.0
Task 1100.2
60% PS&E Submittal
24
160
120
40
344.0
Task 1100.4
95% PS&E Submittal
24
60
40
40
164.0
Task 1100.6
100% PS&E Submittal
12
40
24
40
116.0
Task 1100.8
Constructability Review
40
40
80.0
Task 1100.9
Construction Phasing
40
40
80.0
Task 1100.10
Sealed PS&E Submittal
12
24
8
40
84.0
12/7/2021
Page 5 of 7
Northern Parkway, Agua Fria Bridge to 99th Avenue
Burgess & Niple, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Sr. Project
Manager
Sr.
Engineer
Engineer 4 Engineer 3 Engineer 2 Engineer 1 GIS/Graphi
cs
Contract
Administra
tor
Intern
Total
TASK
ESTIMATED STAFF HOURS - Final Design
Section 1200 - Value Engineering
Task 1200.5
Value Engineering Analysis
20
20
40.0
Section 1300 - Bidding Phase
Task 1300.6
Preparation of Addenda
8
16
24.0
Section 1400 - Construction Phase
Task 1400.1
Pre-Construction Conference
8
8
16.0
Task 1400.2
Requests for Information (RFIs), Submittals
48
400
400
400
1248.0
607
19
444
1528
2360
2216
2690
2164
112
80
48
11642.0
12/7/2021
Page 6 of 7
Northern Parkway, Agua Fria Bridge to 99th Avenue
Burgess & Niple, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
Travel
A. Local Mileage at
0.56
$
2,806
miles
Subtotal Travel
1,571
$
Plotting
B. Exhibits at
0.25
$
-
exhibits
-
$
C. Plots at
1.00
$
-
plots
-
$
D. Plan Submittals
Half Size Bond Copies at
0.10
$
-
Copies
Full Size Bond Copies at
1.00
$
-
Copies
Subtotal Plotting
-
$
Miscellaneous Expenses
C. Other
-
$
Subtotal Miscellaneous Expenses
-
$
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
AZTEC Engineering Group, Inc.
179,717
$
Ethos Engineering, LLC
184,864
$
J2 Engineering & Environmental Design, LLC
384,987
$
MakPro Services, LLC
7,701
$
T.Y. Lin International
506,195
$
Y2K Engineering, LLC
99,039
$
TOTAL ESTIMATED OUTSIDE SERVICES
1,362,503
$
TOTAL ESTIMATED EXPENSES
1,364,074
$
ESTIMATE OF DIRECT EXPENSES
12/7/2021
Page 7 of 7
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - B
CONTACT TABLE
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Name
Role
Agency
Phone Number
Mailing Address
Email Address
602.506.8651 (o)
2901 W Durango St
Ben.Markert@
602.723.5819 (m)
Phoenix, AZ 85009
maricopa.gov
602.506.2166 (o)
2901 W Durango St
Randy.Dunsey@
602.526.4075 (m)
Phoenix, AZ 85009
maricopa.gov
623.773.7212 (o)
9875 N. 85th Avenue
Chris.Lemka@
623.773.7260 (d)
Peoria, AZ 85345
peoriaaz.gov
623.930.2926 (o)
6210 W Myrtle Avenue, Suite 112
Padabala@
Glendale, AZ 85301
glendaleaz.com
623.876.2974 (o)
10000 N. El Mirage Road
bchristo@
623.980.9980 (m)
El Mirage, AZ 85335
elmirageaz.gov
602.244.8100 (o)
Jason.Pagnard@
480.580.4333 (m)
burgessniple.com
602.244.8100 (o)
David.Lenzer@
480.427.9575 (m)
burgessniple.com
602.244.8100 (o)
Ravi.Ambadipudi@
burgessniple.com
602.458.9261 (o)
JHoppmann@
626.616.4846 (m)
aztec.us
602.573.0000 (m)
kdahlen@
ethosengineers.com
602.438.2221 (o)
AHawkins@
602.438.2225 (m)
j2design.us
602.438.2221 (o)
JHolzmeister@
480.250.2796 (m)
j2design.us
480.890.1927 (o)
Teresa@
makprosvc.com
480.333.4405 (o)
James.Barr@
tylin.com
480.333.4160 (o)
Kooi-Lim.Hoe@
tylin.com
480.333.4168 (o)
Brenan.Poe@
480.365.0694 (m)
tylin.com
602.380.8686 (o)
CWilliams@
y2keng.com
Chris Williams
Engineer/Designer
Y2K Engineering
1921 S Alma School Rd, Ste 204
Mesa, AZ 85210
Project Manager
MCDOT
Jason Pagnard
Consultant Manager
Burgess & Niple
Ben Markert
CONTACT TABLE
David Lenzer
Lead Designer
Burgess & Niple
Ravi
Ambadipudi
Traffic Engineer
Burgess & Niple
Environmental
AZTEC Engineering
Ethos Engineering
2036 N Gentry
Mesa, AZ 85213
4561 E McDowell Rd
Phoenix, AZ 85008
Jeff
Holzmeister
Justin
Hoppmann
Keith Dahlen
Geotechnical Engineer
Drainage Engineer
J2 Engineering and
Environmental Design
Adam Hawkins
Landscape Architect
J2 Engineering and
Environmental Design
4649 E Cotton Gin Loop Ste B2
Phoenix, AZ 85040
Teresa
Makinen
Public Outreach
MakPro Services
1500 N Priest Dr, Ste 102
Tempe, AZ 85281
1500 N Priest Dr, Ste 102
Tempe, AZ 85281
1500 N Priest Dr, Ste 102
Tempe, AZ 85281
4649 E Cotton Gin Loop Ste B2
Phoenix, AZ 85040
9180 S Kyrene Rd, #104
Tempe, AZ 85284
Brenan Poe
Utilities
TY Lin International
1475 N Scottsdale Rd, Ste 450
Scottsdale, AZ 85257
James Barr
Engineer/Designer
TY Lin International
1475 N Scottsdale Rd, Ste 450
Scottsdale, AZ 85257
Kooi-Lim Hoe
Structural Engineer
TY Lin International
1475 N Scottsdale Rd, Ste 450
Scottsdale, AZ 85257
Bryce Christo
Executive Committee
Member
El Mirage
Randy Dunsey
Executive Committee
Member
MCDOT
Chris Lemka
Executive Committee
Member
Peoria
Purab Adabala
Executive Committee
Member
Glendale
Project No.: TT0600
October 20, 2021
Contract No.: 2021-045
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - C
FEE PROPOSAL: AZTEC ENGINEERING GROUP, INC.
4561 East McDowell Road
Phoenix, Arizona 85008
602.454.0402
November 15, 2021
Mr. Jason Pagnard, PE
Burgess & Niple
1500 N Priest Dr.
Tempe, AZ 85281
RE:
Scope/Cost Estimate for Northern Parkway: Agua Fria Bridge to 99th Avenue
MCDOT Project Number: TT0600
Contract Number: 2021-045
Federal ID: MMA-0(280)D
ADOT Project Number: T0188
Mr. Pagnard:
Per your request, AZTEC is pleased to submit this scope of services and cost estimate to complete the
environmental reevaluation and wall design for this segment of Northern Parkway.
The total cost estimate is $179,716.54.
We appreciate the opportunity to work with you on this task. Should you have any questions, please call
me at 626.616.4846.
Sincerely,
Justin Hoppmann
Assistant Environmental Division Lead
AZTEC Engineering Group, Inc.
C:
Mike Shirley, AZTEC
AZTEC Scope of Services
1
November 15, 2021
Northern Parkway: Agua Fria Bridge to 99th Avenue
MCDOT Project Number: TT0600
Contract Number: 2021-045
AZTEC SCOPE OF SERVICES
Northern Parkway: Agua Fria River to 99th Avenue
MCDOT Project Number: TT0600
Contract Number: 2021-045
Federal ID: MMA-0(280)D
ADOT Project Number: T0188
1. Task Understanding
The Maricopa County Department of Transportation (MCDOT) requested this scope of services and cost
proposal to obtain Arizona Department of Transportation (ADOT)/Federal Highway Administration
(FHWA) National Environmental Policy Act (NEPA) clearance for improvements on Northern Parkway
segment between the Agua Fria Bridge and 99th Avenue (Project).
2. Assumptions
•
ADOT Environmental Planning (EP) will be the lead federal agency under NEPA Assignment
(23 U.S.C. 327)
•
An Environmental Assessment (EA) was completed in April 26, 2010 and a Reevaluation will be
completed following ADOT’s NEPA EA & EIS Guidance, currently dated April 2019
•
MCDOT will provide the EA Reevaluation template and basic project information for the updated
technical documents and Reevaluation
•
The EA Reevaluation will include the current Project limits updating the information analyzed in
the original April 2010 EA Northern Parkway corridor from SR 303 to US 60
•
MCDOT will provide any geotechnical environmental clearance
•
New right-of-way (ROW), easement, or temporary construction easements will be necessary
•
ADOT will provide the Air Quality Conformity Redetermination Form
•
AZTEC will not be responsible for any Arizona Pollutant Discharge Elimination System (AZPDES)
permit application (including Notice of Intent [NOI] or Notice of Termination [NOT]) or Storm
Water Pollution Prevention Plan (SWPPP) that may be required
3.
Scope of Work
Cultural Resources
•
AZTEC anticipates no more than 20 acres of unpaved areas within the area of potential effects
(APE) will require a Class III cultural resource survey
•
Class III cultural resource survey and historic evaluation will be performed concurrently
•
AZTEC anticipates using our blank ASM permit to complete the Class III cultural resource survey
•
No new sites will be encountered
•
Prepare Class III cultural resources survey report
•
Prepare historic assessment
•
Prepare project registration for ASM and closeout (Portal upload) for ADOT
•
AZTEC is not responsible for preparing consultation letters
•
Coordinate with MCDOT and ADOT staff
AZTEC Scope of Services
2
November 15, 2021
Northern Parkway: Agua Fria Bridge to 99th Avenue
MCDOT Project Number: TT0600
Contract Number: 2021-045
Biological Resources
•
Conduct a site visit to identify areas of concern to sensitive and special status species, as well as
potential nesting areas for bird protected by the Migratory Bird Treaty Act.
•
The US Fish and Wildlife Service Information, Planning, and Conservation (IPAC) system query
and an Arizona Game and Fish Department (AGFD) on-line environmental review tool will be
provided by ADOT
•
Prepare AGFD scoping letter on ADOT’s letterhead that AZTEC will email on ADOT’s behalf
•
Prepare scoping letters that will be sent to the TON biologist on ADOT’s behalf
•
Prepare a Biological Evaluation Reevaluation Memo
•
Coordinate with MCDOT and ADOT staff
Water Permitting
• Research - AZTEC will conduct reviews of the previously completed Preliminary Jurisdictional
Delineation and Clean Water Act Section 404 Preconstruction Notification.
• Fieldwork - the project area will be surveyed for surface water features exhibiting an ordinary
high-water mark. Surface water features identified will be photographed and the limits of the
ordinary high-water mark will be recorded with GPS.
• Report Preparation - AZTEC will document the results of the survey for surface water features as
a Jurisdictional Delineation, and prepare a Preliminary Jurisdictional Determination Request to
be submitted to the Corps. The proposed project will be authorized under Section 404 Clean
Water Act Nationwide Permit #14 and, Preconstruction Notification to the Corps might be
necessary per General Condition 18. AZTEC will prepare the Preliminary Jurisdictional
Determination Request package and Preconstruction Notification (PCN) package to be submitted
to the Corps concurrently to expedite agency review and project authorization.
Hazardous Materials
•
As part of the Preliminary Initial Site Assessment (PISA), order and review GeoSearch
environmental database Radius Report
•
Conduct a site visit as part of the PISA process, and obtain asbestos and lead samples of suspect
materials during site visit. For paint striping and other suspect hazardous materials that may be
encountered, up to 10 samples will be collected for testing for lead-based paint (LBP) and up to
14 samples will be collected for testing for asbestos containing materials (ACM).
•
Submit the collected samples to a certified laboratory to analyze for the presence of LBP and
ACM
•
Prepare a PISA Report, documenting the methodology and findings from the Radius Report and
the site visit. Report will include the ‘DRAFT PISA’ form.
•
Prepare a Hazardous Materials Evaluation Report (HMER), documenting the sampling
methodology and laboratory test results for the LBP and ACM samples
•
Coordinate with MCDOT and ADOT staff
•
AZTEC Scope of Services
3
November 15, 2021
Northern Parkway: Agua Fria Bridge to 99th Avenue
MCDOT Project Number: TT0600
Contract Number: 2021-045
Noise Resources
•
The PROJECT appears to amount to definition of Type I project; therefore, noise analysis is
warranted. Due to data available and anticipated impacts, a comprehensive evaluation of the
noise abatement measures is expected. The project team is advised to explore any and all
available innovative and creative options for noise mitigation and abatement due to expected
intensity of future noise levels.
•
Conduct TNM 2.5 noise modeling and barrier analysis.
•
Due to the ROW take and privacy walls on the north side of the roadway being replaced,
coordinate with Structure group for the privacy wall design and dimensions on the north side of
the roadway.
•
Coordination with MCDOT and ADOT.
•
Submit draft and final noise technical reports.
•
Provide technical assistance during post design
Air Quality Resources
•
Assuming no significant design change in the project’s design concept and scope, fill out a not to
file AQ re-eval form with supporting information to demonstrate that the existing conformity
determination is still valid.
Other Resources
•
No Section 6(f) resources are present within the project limits
•
One Section 4(f) resource is located within the project limits that will be reevaluated to confirm
impacts; AZTEC will fill out the appropriate ADOT Section 4(f) form upon coordination with
MCDOT and ADOT
•
A separate socioeconomic document/memo will not be prepared, all new data will be included
in the Reevaluation
•
Per April 2010 EA, Natural Resources Conservation Services concluded the Farmland Protection
Policy would not be required and thus Farmland Conversion Impact Rating forms (NRCS-CPA-106)
will not be required for this reevaluation
•
AZTEC will reevaluate soil maps and potential impacts to farmlands
•
Irrigation relocation/reconfiguration coordination with landowners will be completed by either
design or utility team
•
Coordinate with MCDOT and ADOT staff
Environmental Clearance – EA Reevaluation
•
Evaluate mitigation measures from April 2010 EA and update/remove as necessary
•
Prepare EA Reevaluation
•
Coordinate with MCDOT and ADOT staff
AZTEC Scope of Services
4
November 15, 2021
Northern Parkway: Agua Fria Bridge to 99th Avenue
MCDOT Project Number: TT0600
Contract Number: 2021-045
Public/Agency Scoping
•
AZTEC will prepare up to three (3) PowerPoint slides or boards for public meeting
•
One (1) AZTEC staff will attend one (1) public meeting either via virtual or in person within the
vicinity of the project limits
•
Prepare and distribute agency scoping letters
Walls
AZTEC will perform the following tasks as part of the Final Design phase for walls:
•
Develop plans for the new walls to be completed in the preliminary design phase. Those plan
sheets would include:
o Key Map and Index
o Notes and Quantities
o Wall Plan Sheets (1”=50’) (Total 4)
o Wall Elevation Sheets (Total 8)
o Wall Detail Sheets (Total 2)
•
It is not anticipated that a Wall Selection Report is required. We will use Standard Drawings;
•
Coordinate wall aesthetic details with MCDOT. These are assumed to match existing on the south
side of Northern Avenue
•
Coordinate wall aesthetics with project team
•
Prepare Special Provisions and Cost Estimates/Quantities; and
•
Provide post-design services during construction
Task Management and Meetings
•
Regular coordination with MCDOT, design team, and EP throughout the project duration
•
Internal coordination with AZTEC staff regarding project schedule, budget, and scope of work
4.
Deliverables
All deliverables are anticipated to consist of a preliminary draft submitted to the MCDOT for initial
review, a draft submitted to ADOT EP once the MCDOT’s comments have been incorporated, and a final
version submitted to the MCDOT and ADOT EP for concurrent approval. Deliverables include:
•
Biological Evaluation Reevaluation Memo
•
Section 404/401 permits
•
Class III Survey Report
•
Hazardous materials site investigation summary
•
EA Re-Evaluation (draft and final)
•
Wall Plan Sheets
Northern Parkway Agua Fria Bridge to 99th Avenue
AZTEC Engineering Group, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
ENV Coordinator/Manager
110
65.79
$
7,204.01
$
Senior ENV Planner/Scientist
91
53.31
$
4,851.21
$
ENV Planner/Scientist
186
41.40
$
7,700.40
$
Associate ENV Planner/Scientist
48
28.68
$
1,376.64
$
Designer
128
35.06
$
4,487.68
$
Senior Engineer
155
74.15
$
11,456.18
$
Project Engineer
467
53.49
$
24,979.83
$
1,184
Hours
Estimated Labor Cost
62,055.94
$
Overhead 161.51%
100,226.52
$
Subtotal
162,282.46
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Mileage (48mi round trip x2 trips)
0.54
$
51.84
$
Lead Sample Analysis (24)
8.50
$
204.00
$
Asbestos Sample Analysis (100)
7.50
$
750.00
$
Environmental Database Report
200.00
$
200.00
$
Total Estimated Expenses
1,205.84
$
PROFIT (Direct Labor +Overhead)
10%
16,228.25
TOTAL ESTIMATED FEE
179,716.54
$
CONTRACT TIME
Calendar Days
11/15/2021
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL (Design A + Construction B)
3/26/2013
Page 1 of 5
Northern Parkway Agua Fria Bridge to 99th Avenue
AZTEC Engineering Group, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
ENV Coordinator/Manager
110
65.79
$
7,204.01
$
Senior ENV Planner/Scientist
91
53.31
$
4,851.21
$
ENV Planner/Scientist
186
41.40
$
7,700.40
$
Associate ENV Planner/Scientist
48
28.68
$
1,376.64
$
Designer
124
35.06
$
4,347.44
$
Senior Engineer
147
74.15
$
10,862.98
$
Project Engineer
415
53.49
$
22,198.35
$
1,120
Hours
Estimated Labor Cost
58,541.03
$
Overhead 161.51%
94,549.62
$
Subtotal
153,090.65
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Mileage (48mi round trip x2 trips)
0.54
$
51.84
$
Lead Sample Analysis (24)
8.50
$
204.00
$
Asbestos Sample Analysis (100)
7.50
$
750.00
$
Environmental Database Report
200.00
$
200.00
$
Total Estimated Expenses
1,205.84
$
PROFIT (Direct Labor +Overhead)
10%
15,309.06
$
TOTAL ESTIMATED FEE
169,605.55
$
CONTRACT TIME
Calendar Days
11/15/2021
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY (Design Phase A
3/26/2013
Page 2 of 5
Northern Parkway Agua Fria Bridge to 99th Avenue
AZTEC Engineering Group, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
ENV Coordinator/Manager
-
65.79
$
-
$
Senior ENV Planner/Scientist
-
53.31
$
-
$
ENV Planner/Scientist
-
41.40
$
-
$
Associate ENV Planner/Scientist
-
28.68
$
-
$
Designer
4
35.06
$
140.22
$
Senior Engineer
8
74.15
$
593.20
$
Project Engineer
52
53.49
$
2,781.48
$
64
Hours
Estimated Labor Cost
3,514.90
$
Overhead 161.51%
5,676.91
$
Subtotal
9,191.81
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Total Estimated Expenses
-
$
PROFIT (Direct Labor +Overhead)
10%
919.18
$
TOTAL ESTIMATED FEE
10,111.00
$
CONTRACT TIME
Calendar Days
11/15/2021
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY (Construction Phase B)
3/26/2013
Page 3 of 5
Northern Parkway Agua Fria Bridge to 99th Avenue
AZTEC Engineering Group, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
ENV
Coordinator
/Manager
Senior
ENV
Planner/
Scientist
ENV
Planner/
Scientist
Associate ENV
Planner/Scientist
Designer
Senior
Engineer
Project
Engineer
Total
Cultural Resources (600.1)
Fieldwork includes prep
16
8
24.0
Class III Report
36
12
48.0
Curation/Portal Upload
10
10.0
Coordination
8
4
12.0
QA/QC
6
6.0
Biological Resources
Field site visit includes prep and travel
1
8
4
13.0
AGFD and TON biological scoping
4
2
6.0
BE Reevaluation Memo
2
14
16.0
QA/QC
4
4.0
Water Permitting
Field work
4
4
8.0
Prepare JD Package
2
16
18.0
PCN Permit
2
26
28.0
Section 401
1
6
7.0
Plan Review
2
2
4.0
QA/QC
4
4.0
Hazardous Materials
Fieldwork - LBP/ACM testing
10
10
20.0
PISA & HMER Report
4
16
20.0
Order and review GeoSearch report
4
4.0
QA/QC
2
2.0
Air Quality Resources
Fill out note to file re-eval form
5
5.0
Noise Resources
Noise modeling
60
60.0
Noise barrier analysis
60
60.0
Draft noise report
2
40
42.0
Final noise report
2
20
22.0
QA/QC
4
8
12.0
Coordination
6
16
22.0
Post design noise analyses
20
20.0
Other Resources
Section 4(f) review, form, coordination
4
8
12.0
Socioeconomic update tables
2
10
12.0
Farmland/soils review
10
10.0
EA Reevaluation
Draft Document (including graphics)
4
16
20.0
QA/QC Draft
1
1.0
Final Document
8
8.0
QA/QC Final
1
1.0
Public/Agency Scoping
Prepare meeting materials
2
4
6.0
Attend public meeting
5
5
10.0
Agency scoping letters
2
8
10.0
Structure Engineering
Wall Key Plan and Index
100
1
20
8
4
8
20.0
General Notes
NA
1
24
8
4
12
24.0
Wall Plans
50
4
24
32
16
48
96.0
Wall Elevations
20
8
22
60
32
80
172.0
Aesthetic coordination
NA
16
16
32.0
Wall Details
Var
2
24
16
8
24
48.0
Engineering Estimate and Special Provisions
NA
12
12.0
Post Design Services During Construction
NA
4
8
32
44.0
Task Management & Meetings
Kickoff Meeting (1x1.5hr)
1.5
1.5
3.0
Progress Meetings (16x 1.5hr)
24
24
48.0
Comment Resolution Meetings (2x1.5hr)
3
3
6.0
Internal coordination meeting (24) , project schedule, budget, etc.
40
4
4
24
16
88.0
Wall Meeting
2
2
4.0
16
109.5
91
186
48
128
154.5
467
1184.0
TASK
ESTIMATED STAFF HOURS - PHASE
3/26/2013
Page 4 of 5
Northern Parkway Agua Fria Bridge to 99th Avenue
AZTEC Engineering Group, Inc.
PROJECT NO. TT0600
Contract No. 2021-045
Travel
A. Local Mileage at
0.54
$
96
miles
Subtotal Travel
52
$
Plotting
B. Exhibits at
exhibits
C. Plots at
plots
-
$
D. Plan Submittals
Half Size Bond Copies at
Copies
Full Size Bond Copies at
Copies
Subtotal Plotting
-
$
Miscellaneous Expenses
Lead Sample Analysis (24)
204
$
Asbestos Sample Analysis (100)
750
$
Environmental Database Report
200
$
Subtotal Miscellaneous Expenses
1,154
$
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
-
$
-
$
TOTAL ESTIMATED OUTSIDE SERVICES
-
$
TOTAL ESTIMATED EXPENSES
1,206
$
ESTIMATE OF DIRECT EXPENSES
3/26/2013
Page 5 of 5
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - D
FEE PROPOSAL: ETHOS ENGINEERING, LLC
November 16, 2021
David C. Lenzer, PE
Director, Arizona Transportation Scoping & Design
Burgess & Niple
60 East Rio Salado Parkway, Suite 501
Tempe, AZ 85281
SUBJECT:
Proposal for Geotechnical Engineering Design Services (Revision 1)
MCDOT Northern Parkway, Agua Fria Bridge to 99th Avenue
MCDOT Project No. TT0600
MCDOT Contract No. 2021-045
Maricopa County, Arizona
Dear David:
As requested, Ethos Engineering, LLC (Ethos) is pleased to present this proposal to provide
professional geotechnical engineering services for the referenced project. Included herein is
our understanding of the project, our planned scope of work and an estimate of fees to
complete the work. Revisions to our original submittal, dated October 19, 2021, are based on
review by the Maricopa County Department of Transportation (MCDOT) project manager.
1.0
PROJECT INFORMATION
The MCDOT is currently expanding the existing Northern Parkway to ultimately extend from
State Route 303 (SR 303L) to Grand Avenue (US 60). This segment of the planned Northern
Parkway extends along existing Northern Avenue from the east end of the Agua Fria River
Bridge to approximately 400 feet west of the intersection of Northern Avenue and 99th Avenue
in the Cities of El Mirage, Glendale, and Peoria in Maricopa County, Arizona. Burgress &
Niple, Inc (B+N) has been selected as the prime designer with Ethos providing geotechnical
support.
The Scoping Design Report (SDR) (B+N, 2019) recommended the following improvements
along Northern Avenue:
Eastbound Northern: Agua Fria Bridge to west New River Bridge abutment (3 through
lanes proposed, with raised median)
o The construction of an additional through lane, and new left and right turn lanes in
various locations.
Westbound Northern: Agua Fria Bridge to west New River Bridge abutment (3 through
lanes proposed, with raised median)
o The construction of an additional through lane, and new left and right turn lanes in
various locations.
Eastbound Northern: West New River Bridge abutment to 99th Avenue (4 through
lanes proposed)
o The construction of two additional through lanes, and new left and right turn lanes
at 99th Avenue.
Westbound Northern: West New River Bridge abutment to 99th Avenue (4 through
lanes proposed)
November 16, 2021
MCDOT Northern Parkway - Agua Fria River Bridge to 99th Avenue - Proposed Scope and Fee (Rev. 1)
2
o The construction of two additional through lanes.
107th Avenue: Widening of the south leg of Northern Avenue/107th Avenue as
indicated in the SDR. This will include improvements to provide access at a new
Augusta Avenue alignment about one-quarter mile south of the intersection.
Augusta Avenue: Design a new alignment roadway approximately one-quarter mile
south of Northern Avenue, west of 107th Avenue connecting to the Country Meadows
Condominiums parcel, as a paved two-lane residential road in accordance with City of
Glendale Engineering standards, with curb on both sides and sidewalk on the north
side as indicated in the SDR. Design will include a community entrance with security
gate and turn-around area, in coordination with the community representatives.
Orangewood Avenue: Design a new alignment roadway to continue Orangewood
Avenue from 107th Avenue connecting to Glen Harbor Boulevard (103rd Ave), as a
paved four-lane collector road, in accordance with City of Glendale Engineering
standards with curb on both sides as indicated in the SDR.
Noise wall along north side of Northern Avenue extending from 103rd Avenue to 112th
Avenue.
The new lanes will be 12 feet wide adjacent to curb and 11 feet wide inside. The shoulder/bike
lanes will be 6 feet wide. The new pavement will match the existing pavement. New sidewalk
will be constructed on both sides of Northern Avenue for the entire length of this segment.
The new and reconstructed sidewalks will vary (8 feet preferred width, minimum 6 feet wide)
and meet ADA requirements. The project also includes various access point and local street
reconfigurations and improvements to major intersections to the limits of the longest required
storage bay and tapers to the existing street width.
Construction will also include an independent bridge at New River Channel. The design shall
utilize the recommended structure as shown in the SDR. The proposed structure includes four
equal span precast pre-stressed girders, all spans consisting of 7 Utah Bulb Tee 58-inch
girders, spaced at 97 feet for a total length of 393 feet, matching the existing bridge which will
remain to the north of the proposed bridge. The overall width of the new bridge will be 67-feet,
1-inch. Both abutments will be expansion abutments with a strip seal expansion joint. Piers
will consist of two 6-foot columns supported by a single 96-inch diameter drilled shaft.
Four stormwater detention basins are currently planned at yet to be determined locations.
Though the dimensions have not provided, we assume each basin will be at least 10,000
square feet in dimension and approximately 4 to 5 feet in depth.
2.0
SCOPE OF SERVICES
Our scope will be to investigate the planned roadway, drainage and structure improvements.
Based on our understanding of the project, we propose the following scope of work.
A total of 21 roadway pavement borings are proposed to address pavement in areas where
structure borings will not otherwise be drilled. The borings have been placed on approximate
500 to 800-foot centers as needed to adequately address all elements including a noise wall
that is planned along the north side of Northern Avenue from 103rd Avenue to 112th Avenue.
We propose to advance the pavement and pavement/wall borings to respective depths of 5
and 15 feet or practical refusal on strongly cemented materials or cobbles with hollow-stem
auger.
November 16, 2021
MCDOT Northern Parkway - Agua Fria River Bridge to 99th Avenue - Proposed Scope and Fee (Rev. 1)
3
A new four-span bridge is planned just south of the existing New River Bridge to accommodate
eastbound traffic. For this bridge we plan to drill 5 borings by the down-hole percussion
hammer method. We anticipate this drilling method will be needed to advance through cobbles
and possible small boulders associated with historic flows in the New River stream bed. Based
on our review of the As-built plans for the existing bridge, the borings will be completed to
depths of 115 feet at the abutments and 105 feet at the piers.
Percolation testing required for each of the four planned stormwater basins will include two
test borings completed to a depth of 10 feet (total of eight borings). The borings will be located
adjacent to each of the planned eight percolation test backhoe pits.
A summary of the geotechnical exploration plan for each component is presented in Table 2.1.
The planned boring spacings and depths are generally consistent with MCDOT guidelines,
with modification based on our existing knowledge of the project corridor geotechnical support
conditions.
Table 2.1 – Summary of Proposed Field Investigation
Investigation
Type/Location
No. of
Proposed
Borings
Depths of
Proposed
Borings
(feet)
Estimated
HSA
Footage
(feet)
Estimated
Percussion
Hammer
Footage
(feet)
Bridge
5
105-115
--
545
Roadway(1)
13
5
65
--
Noise Walls/Roadway
8
15
120
--
Retention Basin
8
10
80
--
Total
34
--
265
545
(1)9 Roadway borings to be drilled in pavement.
Our proposed scope includes the following elements:
Permitting, layout and AZ811 location of utilities
Test drilling for bridge, pavement and storm retention elements
Laboratory testing
Engineering analyses for wall foundations and pavements
Preparation of draft and final Geotechnical Investigation Report
Preparation of draft and final Pavement Design Report
Attendance at project meetings
Permits
We will submit for a right of way (ROW) use permits from MCDOT, and the Cities of El
Mirage, Glendale and Peoria. The permit applications will include our intended boring
locations, certificate of insurance, environmental clearance (performed by others) and
traffic control plans. No work will be performed within the City or MCDOT ROWs until we
have received the permits.
November 16, 2021
MCDOT Northern Parkway - Agua Fria River Bridge to 99th Avenue - Proposed Scope and Fee (Rev. 1)
4
Test Drilling
Resilient Drilling Services, LLC (Resilient) will provide a drill rig and crew and Ethos will
supervise the drilling of borings as summarized in Table 2.1. The pavement, wall and
drainage borings will be advanced with truck-mounted CME 75 hollow-stem auger (HSA).
The bridge borings will also be drilled with a CME-75 drill rig fitted with a down-hole
percussion hammer system including drill casing and an air compressor.
Sampling, which will consist of standard penetration testing (SPT) and open-end ring
sampling, will be performed at intervals of 5 feet or less within the borings. Bulk samples
of cuttings will also be obtained for select laboratory testing. We do not anticipate that
groundwater will be encountered given the location and depth of the borings. As needed,
ADWR permits will be obtained by Resilient, if groundwater is encountered or if boring
depth exceeds 100 feet.
Traffic control will be provided by Roadsafe Traffic Control Systems as a subcontractor to
Ethos. We assume that all drilling will be performed during the day. Based on existing site
constraints, we currently plan to locate 19 of the borings off of pavement along the
roadway shoulders, or adjacent to the New River Bridge. The remaining 9 borings will be
drilled within the paved shoulder (where present) or within the right-hand travel lane
(pending checks of buried utilities). A total of 3 days of rolling traffic control shoulder
closures are anticipated for completion of the off-pavement roadway shoulder borings.
Three days of right-lane closures are anticipated for drilling of the 9 roadway borings. We
assume that minimal signage will be needed for completion of the bridge, Augusta Avenue
and Orangewood Avenue borings and the drainage basin related borings. We estimate
that work will take approximately 11 days to complete. We have assumed that an off-duty
officer will be used for any borings drilled in the road which are near an intersection. The
officer will be provided by Law Enforcement Specialists.
Two infiltration tests and two soil borings each to 10 feet in depth are currently assumed
for four, yet to be determined, retention basins. Ethos will mobilize and demobilize a field
engineer, subcontracted technician and/or backhoe and operator, and auxiliary vehicles
and equipment to and from the site. Ethos will oversee testing of double-ring infiltrometer
testing in accordance with ASTM D3385 at two locations within the basin. These tests will
be performed at the proposed bottom of the drainage basin at locations (currently
assumed at 5 feet) accessible with a rubber-tired backhoe. Ethos will have ACS Services,
LLC (ACS) provide the test equipment and backhoe which will assist with seating the test
equipment. It is assumed that test pits may be left open overnight to conduct infiltration
testing. The excavations will be surrounded with caution tape and/or cones.
Laboratory Testing
ACS will perform laboratory testing based upon the tests assigned by Ethos. ACS will
transport the samples to their laboratory for testing. Table 2.2 is an estimate of the tests
to be performed for this project.
November 16, 2021
MCDOT Northern Parkway - Agua Fria River Bridge to 99th Avenue - Proposed Scope and Fee (Rev. 1)
5
Table 2.2 – Summary of Proposed Laboratory Testing
Test
Estimated No. of Tests
Bridge
Roadway/
Walls
Drainage
Total
Grain-size Analysis
15
21
8
44
Atterberg Limits
15
21
8
44
Density of Rings
4
8
--
12
Direct Shear
4
4
--
8
Consolidation
2
4
--
6
Swell
--
10
--
10
Proctor
--
10
--
10
R-value
--
6
--
6
pH & Resistivity
5
12
--
17
Sulfates and Chlorides
5
12
--
17
Analyses and Report Preparations
We will prepare a draft and final Geotechnical Investigation Report for roadways, bridges, and
walls in accordance with AASHTO 9th Edition (AASHTO 2020). The report will include the
following:
Description of the area covered by the report and existing site conditions, including
vicinity map.
Description of the geology and topography of the area, including soil types, drainage
characteristics and estimated depth to groundwater.
A site plan showing boring locations and a description of procedures and equipment
used in the subsurface investigation program. Field investigations will include
descriptions of the soil types, penetration test results, in situ test results.
Results of laboratory tests and a description of test methods.
Discussion of potential geologic hazards.
Results and discussion of percolation testing.
Recommendations for:
o Structures, including foundation types, capacities, lateral earth pressures, and
related design parameters for bridge foundations, culverts, sign supports and
standards, and lighting standards.
o Roadway embankments, including material types and suitability, foundation
conditions and improvements, settlement impacts and remediation. Roadway
excavations, including material types and suitability for use in embankments.
o Temporary and permanent cut and fill slopes, including (if warranted) slope
stability analyses for embankment fill slopes and cut slopes, and slope
stabilization designs.
o Impacts of compressible, hydro-collapsible, and/or expansive soils, if present,
and proposed mitigations.
o Erosion abatement design for permanent cut and fill slopes.
o Corrosion potential of soils on construction materials.
o Impacts on, and from, groundwater, including necessary remedial actions.
o Construction and inspection considerations.
o Suitability of materials (borrow, aggregates, riprap, topsoil, etc.) that can be
obtained from project excavations, including source, quality, and availability.
November 16, 2021
MCDOT Northern Parkway - Agua Fria River Bridge to 99th Avenue - Proposed Scope and Fee (Rev. 1)
6
Reports will also include the following items in the appendix:
o Plan view locations of field sampling/testing
o Copies of boring logs and field/laboratory test data used for the analysis and
design.
o Summary of laboratory testing methods and tabulated results.
o As-needed drilled shaft axial bearing resistance charts
Ethos will prepare a draft and final pavement design report that will provide a pavement
history, an evaluation of different pavement section options, pavement cost comparisons and
the recommended pavement sections.
We will also assist, as needed, with the preparation of the Project Special Provisions.
Project Design Meetings
For estimating purposes, we will plan to attend the project kickoff meeting and up to 15 internal
team and monthly design progress meetings by video conference throughout the course of
the project. No in-person meetings are currently budgeted for this project.
Post-Design Services
Post-design services are not currently defined. However, based on experience with
construction of similar projects which include a multi-span bridge, retaining or noise walls and
construction of several miles of roadway, we have provided an estimate of hours which will
address: drilled shaft installation plans, drilled shaft integrity testing reports, possible site
visit(s) during drilled shaft installation, and requests for Information (RFI’s) prepared by the
contractor for roadway subgrade, pavement and structural elements.
3.0
PROJECT SCHEDULE
We will begin our work upon written notice-to-proceed (NTP) and will endeavor to complete
our work so as not to impact the overall design schedule implemented by
B+N. More specifically, we will submit our field investigation plan within 10 days of NTP and
will begin our field investigation within 10 days of receipt of the environmental clearance. We
anticipate that field work will take up to 14 working days (with one drill crew) to complete. Our
reports will be submitted in general accordance with the following schedule:
Draft geotechnical report – 6 weeks after completion of field work
Draft pavement design package – 7 weeks after completion of field work
Final reports will be submitted approximately 2 weeks following the receipt of review
comments.
4.0
PROJECT FEES
Our services will be performed under the direction of an Arizona-registered Professional Civil
Engineer. Attaches are Derivations of Cost Proposal Summary forms for design, post design
services and a combined derivation of all charges. Also attached is a man-hour estimate and
an expense summary. Based on the proposed scope of work and our understanding of the
project, we propose to complete the scope of work presented above for a time and materials
cost of $184,864.00.
November 16, 2021
MCDOT Northern Parkway - Agua Fria River Bridge to 99th Avenue - Proposed Scope and Fee (Rev. 1)
7
This cost includes post design services which are separated from design on the attached
Derivations. Also included is an estimate of staff hours, and an estimate of direct expenses. If
there is a need for any change in the scope of services described in the proposal, please call
us immediately. Changes may require revision of the proposed fee, which will be
communicated to you upon assessment of the requested changes effect on the fee.
Our fees will be invoiced on a monthly basis not to exceed the indicated amount. If field
conditions require a modification to the scope of work developed for this proposal and may
affect either our planned project schedule or budget, we will contact you at the earliest
opportunity to discuss these conditions.
5.0
LIMITATIONS
The geotechnical services will be performed in a manner consistent with that level of care and
skill ordinarily exercised by other members of the geotechnical profession practicing in the
same locality, under similar conditions and at the date the services are provided. Our
conclusions, opinions and recommendations will be based on our completed test borings,
visual observations and the review of plans prepared by others. It is possible that conditions
could vary between or beyond the data evaluated. Ethos makes no guarantee or warranty,
expressed or implied, regarding the services, communication (oral or written), report, opinion,
or instrument of service provided.
6.0
AUTHORIZATION
We will proceed upon successful negotiation and execution of the subconsultant agreement
provided by B&N. We appreciate the opportunity to submit this proposal and look forward to
working with you on this project. If you have any questions or require additional information
pertaining to this proposal, we would be pleased to discuss them with you.
Sincerely,
ETHOS ENGINEERING LLC
Reviewed by:
Keith Dahlen, PE
Francisco J. Garza, PE
Principal/Senior Geotechnical Engineer
Principal/Senior Geotechnical Engineer
Attachments: Estimated Staff Hours
Derivation of Cost Proposal Summary
Estimate of Direct Expenses
Drilling Quote
Laboratory Quote
Traffic Control Quote
Off-duty Officer Quote
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Ethos Engineering, LLC
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Design Manager
100
89.00
$
8,900
$
Senior Project Engineer
136
66.35
$
9,024
$
Project Engineer
74
38.25
$
2,831
$
Engineer / Designer
274
28.85
$
7,905
$
Administrative
4
28.56
$
114
$
588
Hours
Estimated Labor Cost
28,774
$
Overhead
145%
41,722
$
Subtotal
70,496
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
646
$
Plotting
-
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
646
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
Resilient Drilling (Drilling)
61,830
$
ACS Services (Percolation & Lab)
35,516
$
Roadsafe (Traffic Control)
8,634
$
Law Enforcement Specialists (Off-duty Officers)
693
$
Total Estimated Outside Services
106,672
$
PROFIT (Direct Labor +Overhead)
10%
7,050
TOTAL ESTIMATED FEE
184,864
$
CONTRACT TIME
1888 Calendar Days
11/16/2021
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Ethos Engineering, LLC
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Design Manager
64
89.00
$
5,696
$
Senior Project Engineer
102
66.35
$
6,768
$
Project Engineer
66
38.25
$
2,525
$
Engineer / Designer
274
28.85
$
7,905
$
Administrative
4
28.56
$
114
$
510
Hours
Estimated Labor Cost
23,008
$
Overhead
145%
33,362
$
Subtotal
56,370
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
587
$
Plotting
-
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
587
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
Resilient Drilling (Drilling)
61,830
$
ACS Services (Percolation & Lab)
35,516
$
Roadsafe (Traffic Control)
8,634
$
Law Enforcement Specialists (Off-duty Officers)
693
$
Total Estimated Outside Services
106,672
$
PROFIT (Direct Labor +Overhead)
10%
5,637
TOTAL ESTIMATED FEE
169,266
$
CONTRACT TIME
1888 Calendar Days
11/16/2021
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Ethos Engineering, LLC
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Design Manager
36
89.00
$
3,204
$
Senior Project Engineer
34
66.35
$
2,256
$
Project Engineer
8
38.25
$
306
$
Engineer / Designer
-
28.85
$
-
$
Administrative
-
28.56
$
-
$
78
Hours
Estimated Labor Cost
5,766
$
Overhead
145%
8,361
$
Subtotal
14,127
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
59
$
Plotting
-
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
59
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
1,413
TOTAL ESTIMATED FEE
15,598
$
CONTRACT TIME
1888 Calendar Days
11/16/2021
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Ethos Engineering, LLC
PROJECT NO. TT0600
Contract No. 2021-045
No
Shts
Design
Manager
Senior
Project
Engineer
Project
Engineer
Engineer /
Designer
Administrative
Total
89.00
$
66.35
$
38.25
$
28.85
$
28.56
$
Task A
Field Investigation
Task A-1
Field Investigation Plan
n/a
4
6
6
16.0
Task A-2
Permitting, Boring Layout and Utility Clearances
n/a
2
12
14
28.0
Task A-3
Test Drilling, Perc Testing
n/a
8
10
174
192.0
Task B
Engineering Analysis & Reports
Task B-1
Engineering Analysis_Bridge, Walls and Pavement
n/a
8
18
20
6
52.0
Task B-2
Draft & Final Geotechnical Report
n/a
16
24
36
26
2
104.0
Task B-3
Draft and Final Pavement Design Report
n/a
8
20
10
24
2
64.0
Task B-4
Special Provisions
n/a
2
4
6.0
Task B-5
Foundation Data Sheets
4
6
6
24
36.0
Task C (Meetings - 15 Assumed)
n/a
10
2
12.0
Task D
Post Design Services
n/a
36
34
8
78.0
4
100
136
74
274
4
588.0
TASK
ESTIMATED STAFF HOURS
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Ethos Engineering, LLC
PROJECT NO. TT0600
Contract No. 2021-045
Travel
A. Local Mileage at
0.445
$
1,452
miles
Subtotal Travel
646
$
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
Resilient Drilling (Drilling)
61,830
$
ACS Services (Percolation & Lab)
35,516
$
Roadsafe (Traffic Control)
8,634
$
Law Enforcement Specialists (Off-duty Officers)
693
$
TOTAL ESTIMATED OUTSIDE SERVICES
106,672
$
TOTAL ESTIMATED EXPENSES
107,318
$
ESTIMATE OF DIRECT EXPENSES
Mr. Keith Dahlen, P.E.
November 15, 2021
Ethos Engineering, LLC
9180 S. Kyrene Rd., #104
Tempe, Arizona 85284
MCDOT – Northern Pkwy - Agua Fria Bridge to 99th Ave. - Hammer (Tubex)/Auger - Revised
Maricopa County - Arizona
Dear Mr. Dahlen,
Resilient Drilling Services, LLC (Resilient) is pleased to provide this cost estimate to perform
geotechnical drilling and sampling at the above-mentioned project site.
Project Scope
Provide a CME-75HT multi-purpose rotary drill rig and 3-man crew.
Hammer drill three (3) bores to 105-lineal feet and two (2) bores to 115-lineal feet.
Auger, eight (8) bores to 15-feet, eight (8) bores to 10-feet and thirteen (13) bores to 5-feet.
Cuttings will be backfilled (to 20-feet if water) on all bores. Any excess will be spread.
The top 20-feet of five bores will be grouted per the ADWR. Resilient will acquire online permit.
Provide operator and crew to prep access to/location of central pier location.
Cost Estimate
QUANTITY
UNITS
DESCRIPTION
UNIT RATE
TOTAL
16
Hours
Travel/Prep - Hammer
$385.00/hour
$ 6160.00
8
Hours
Travel/Prep – Auger
$165.00/hour
$ 1320.00
75
Hours
Hammer/Rotary/Sample (3/105’, 2/115’)
$385.00/hour
$ 28875.00
16
Hours
Auger/Sample (8/15’, 8/10’, 13/5’)
$165.00/hour
$ 2640.00
10
Hours
Access/Move/Safety – Hammer Rig (est.)
$385.00/hour
$ 3850.00
12
Hours
Access/Move/Safety – Auger Rig (est.)
$165.00/hour
$ 1980.00
16
Days
Medium Support Truck
$275.00/day
$ 4400.00
10
Days
Heavy Compressor (hammer/rotary)
$500.00/day
$ 5000.00
11
Hours
Equipment Operator – Access (est.)
$95.00/hour
$ 1045.00
11
Hours
Crewmembers (2) – Access (est.)
$120.00/hour
$ 1320.00
2
Days
Front End Loader w/Delivery – Access
$1200.00/day
$ 2400.00
9
Each
Asphalt Pavement Core/Patch (est.)
$160.00/each
$ 1440.00
1
Each
ADWR Online Permit – Per Section
$150.00/each
$ 150.00
100
L.F.
Grout Abandonment – Top 20’ (5 bores)
$12.50/l.f.
$ 1250.00
TOTAL
$ 61,830.00
Thanks again, Greg Jones
ACS Services LLC
Geotechnical Engineering, Construction Material Testing, Special Inspections
DBE - WBE - SBE
Ethos
Attn: Keith Dahlen, P.E.
9180 S Kyrene Rd # 104
Tempe, AZ 85284
Phone: 602-573-0000
Email: kdahlen@ethosengineers.com
Date: October 3, 2021, Revised 10/18/21
$35,515.50
Subject:
Proposal No.:
Northern Parkway; Agua Fria Bridge to 99th Avenue, MCDOT
2160171-2
ACS Services LLC is pleased to present the following proposal to conduct contract drilling services for the
referenced project. Our fee estimate for this project is based on the scope of work submitted by Keith in an
email dated 10/02/2021, and revised on 10/12/21. ACS looks forward to the opportunity of working with
you. If there are any questions regarding the scope of work or this proposal, please contact Andy
Jamrogiewicz with ACS at 480-968-0190 (andyj@acsservicesllc.com).
Estimate Includes:
A. ACS will provide lab testing per the client's schedule of values.
B. ACS will perform double ring infiltrometer testing with backhoe included.
C. ACS will backfill the excavated backhoe pits with native spoils.
D. No night work is anticipated.
E. No asphalt or concrete cores are included.
Estimate Excludes:
F. Any and all traffic control.
G. Blue staking for utility clearance.
Based upon the estimated schedule and field exploraton requirements, the lumpsum cost for conducting
our services is:
A breakdown of this pricing is attached.
Pricing Breakdown
Item:
Labor and Equipment
Support Truck
8
Day
$100.00
$800.00
Each
$120.75
$1,207.50
One-Dimensional Swell or Settlement Potential
10
Each
$87.00
$870.00
Moisture-Density Relationship (Proctor)
10
Chloride Content of Soil
17
Each
$50.00
$850.00
Sulfate Content of Soil
17
Each
$50.00
$850.00
Determination of pH and Resistivity of Soil
17
Each
$145.00
$2,465.00
Atterberg Limits (PI) Dry Prep
44
Each
$74.75
$3,289.00
Geotechnical Field Exploration Services
Description
Qty
Unit
Rate/Unit
Total
R-value
6
Each
$350.00
$2,100.00
Double Ring Infiltrometer Test with Backhoe
8
Each
$1,950.00
$15,600.00
Mobe / Demobe
1
Each
$450.00
$450.00
$35,515.50
Estimated Sub Total
Grain Size Analysis
44
Each
$81.00
$3,564.00
Undisturbed Ring Density/Moisture
12
Each
$50.00
$600.00
One-Dimensional Consolidation Test
6
Each
$145.00
$870.00
Direct Shear Test
8
Each
$250.00
$2,000.00
Respectfully Submitted,
ACS Services LLC
Andrew Jamrogiewicz, P.E.
Engineering Department Manager
Item Description
Price
UOM
Qty/Day
Days
Total Qty.
Total
1 Man 1 Truck-TRAVEL TO JOB *
$55.00
Per Hour
1
2
2
$110.00
1 Man 1 Truck-RETURN TO SHOP *
$55.00
Per Hour
1
2
2
$110.00
1 Man 1 Truck-LABOR *
$55.00
Per Hour
8
2
16
$880.00
Flags *
$2.30
Per Each
4
1
4
$9.20
Sandbags *
$1.01
Per Each
12
1
12
$12.12
Large Sign *
$1.00
Per Day
2
2
4
$4.00
Small Sign *
$0.64
Per Day
2
2
4
$2.56
Spring Stand *
$2.10
Per Day
2
2
4
$8.40
Sign Stand 4 ft *
$0.60
Per Day
2
2
4
$2.40
TCP
$50.00
Per Hour
1
1
1
$50.00
Vertical Panel Side VP *
$0.50
Per Day
25
2
50
$25.00
$617.44
ONE TIME CHARGES
LABOR
SALES TAX (8.1%)
QUOTE TOTAL
TOTAL PER DAY
$42.36
$71.32
$1,100.00
$94.26
$1,307.94
EQUIPMENT
SUBTOTAL
$1,213.68
QUOTE- IS FOR A MOVING SHOULDER CLOSURE FOR
POTHOLING CREW IN VARIOUS LOCATIONS ALONG NORTHERN
AVE. FROM 99TH AVE TO GLEN HARBOR.
Note: The * indicates taxable items.
QUOTATION
Quote Date
Quote ID
10/12/2021
10122021DD1
Valid Through: 11/11/2021
Payment
Terms
Net 30 Days
3015 E Illini
Phoenix, AZ 85040
602-243-1218
Fax 602-243-3470
Job Location:
NORTHERN AVE & 99TH AVE TO GLEN HARBOR
Peoria
Estimated Days: 2
Quote Created By: David Deanda
Email: pgarza@ethosengineers.com
Accounts Payable
9180 S KYRENE ROAD SUITE 104
TEMPE, AZ 85284
ETHOS ENGINEERING LLC
Phone: 480-203-9252
Scope:
The above quantities are estimated quantities based on information provided by the customer.
Actual quantities used in the field will be billed on the customer invoice.
Included:
Delivery, Setup, Takedown and Pickup
Traffic Control Plans
Excluded:
State, City or County Permits or Fees.
Add'l Terms:
Invoices are payable with Terms of Net 30 Days.
Any additional equipment added to the job site will be billed separately.
Roadsafe Traffic Systems Contractor License # 24899 L-05, 253153AE
Initials ______ Page 1 of 2
Date
RoadSafe Traffic Systems, Inc.
10/12/2021
David Deanda
Page 2 of 2
Quote For: ETHOS ENGINEERING LLC - Quote ID: 10122021DD1 (cont.)
Date
RoadSafe Traffic Systems, Inc.
10/12/2021
David Deanda
Item Description
Price
UOM
Qty/Day
Days
Total Qty.
Total
1 Man 1 Truck-SETUP *
$55.00
Per Hour
3
11
33
$1,815.00
1 Man 1 Truck-PICKUP *
$55.00
Per Hour
3
11
33
$1,815.00
Flags *
$2.30
Per Each
8
1
8
$18.40
Sandbags *
$1.01
Per Each
16
1
16
$16.16
Large Sign - Shoulder Work Ahead *
$1.00
Per Day
2
11
22
$22.00
Large Sign - Road Work Ahead *
$1.00
Per Day
2
11
22
$22.00
Spring Stand *
$2.10
Per Day
4
11
44
$92.40
TCP
$50.00
Per Hour
1
1
1
$50.00
$370.13
ONE TIME CHARGES
LABOR
SALES TAX (8.1%)
QUOTE TOTAL
TOTAL PER DAY
$136.40
$84.56
$3,630.00
$307.88
$4,158.84
EQUIPMENT
SUBTOTAL
$3,850.96
QUOTE- IS TO PLACE SIGNS IN WORK AREA WHERE CREW WIL
BE WORKING BEHIND JERSEY WALL OR UNDER THE AGUA FRIA
BRIDGE. WE WILL SETUP TAKE DOWN DAILY OR MOVE TO NEXT
LOCATION.
Note: The * indicates taxable items.
QUOTATION
Quote Date
Quote ID
10/12/2021
10122021DD3
Valid Through: 11/11/2021
Payment
Terms
Net 30 Days
3015 E Illini
Phoenix, AZ 85040
602-243-1218
Fax 602-243-3470
Job Location:
NORTHERN AVE 99TH AVE TO 107TH AVE
Peoria
Estimated Days: 11
Quote Created By: David Deanda
Email: pgarza@ethosengineers.com
Accounts Payable
9180 S KYRENE ROAD SUITE 104
TEMPE, AZ 85284
ETHOS ENGINEERING LLC
Phone: 480-203-9252
Page 1 of 1
Item Description
Price
UOM
Qty/Day
Days
Total Qty.
Total
2 Men 2 Trucks-SETUP *
$110.00
Per Hour
3.5
3
10.5
$1,155.00
2 Men 2 Trucks-PICKUP/TAKEDOWN *
$110.00
Per Hour
3.5
3
10.5
$1,155.00
Arrow Board *
$25.00
Per Day
1
3
3
$75.00
Flags *
$2.30
Per Each
30
1
30
$69.00
Sandbags *
$1.01
Per Each
80
1
80
$80.80
Large Sign *
$1.00
Per Day
15
3
45
$45.00
Small Sign *
$0.64
Per Day
10
3
30
$19.20
Spring Stand *
$2.10
Per Day
15
3
45
$94.50
Sign Stand 4 ft *
$0.60
Per Day
10
3
30
$18.00
TCP
$50.00
Per Hour
1
1
1
$50.00
Type I Barricade *
$0.50
Per Day
40
3
120
$60.00
Vertical Panel Side VP *
$0.50
Per Day
75
3
225
$112.50
$985.22
ONE TIME CHARGES
LABOR
SALES TAX (8.1%)
QUOTE TOTAL
TOTAL PER DAY
$424.20
$199.80
$2,310.00
$233.60
$3,167.60
EQUIPMENT
SUBTOTAL
$2,934.00
QUOTE- WESTBOUND RIGHT LANE CLOSURE ON NORTHERN
AVE. WORK ARE STRATS JUST WEST OF THE AGUA FRIA BRIDGE
AND GOES WEST FOR A TOTAL WORK AREA OF OVER 3,500FT.
CREW WILL HAVE TO BUMP TAPPER AND PRE-WARNERS WEST
THE FOLLOWING DAY TO COVER NEW WORK AREA BASED ON
WHERE THE POTHOLLING CREW LEFT OF THE PREVIOUS DAY.
Note: The * indicates taxable items.
QUOTATION
Quote Date
Quote ID
10/12/2021
10122021DD2
Valid Through: 11/11/2021
Payment
Terms
Net 30 Days
3015 E Illini
Phoenix, AZ 85040
602-243-1218
Fax 602-243-3470
Job Location:
NORTHERN AVE 99TH AVE TO 107TH AVE.
Peoria
Estimated Days: 3
Quote Created By: David Deanda
Email: pgarza@ethosengineers.com
Accounts Payable
9180 S KYRENE ROAD SUITE 104
TEMPE, AZ 85284
ETHOS ENGINEERING LLC
Phone: 480-203-9252
Scope:
The above quantities are estimated quantities based on information provided by the customer.
Actual quantities used in the field will be billed on the customer invoice.
Included:
Delivery, Setup, Takedown and Pickup
Traffic Control Plans
Excluded:
Portable Message Boards
Standby Time
Add'l Terms:
Invoices are payable with Terms of Net 30 Days.
Any additional equipment added to the job site will be billed separately.
Roadsafe Traffic Systems Contractor License # 24899 L-05, 253153AE
Initials ______ Page 1 of 2
Date
RoadSafe Traffic Systems, Inc.
10/12/2021
David Deanda
Page 2 of 2
Quote For: ETHOS ENGINEERING LLC - Quote ID: 10122021DD2 (cont.)
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - E
FEE PROPOSAL: J2 ENGINEERING & ENVIRONMENTAL DESIGN, LLC
Project No.: TT0600
Contract No.: 2021-045
Prepared: October 2021
Page 1 of 6
J2 Engineering & Environmental Design, LLC
Northern Parkway: Agua Fria Bridge to 99th Avenue
Drainage Analysis & Landscape Architecture
Project No. TT0600
Contract No. 2021-045
November 17, 2021
Scope of Services
J2 Engineering and Environmental Design, LLC (J2) was retained by Burgess and Niple (B&N)
to perform the hydrologic/hydraulic analyses required for on-site and off-site drainage design,
water quality treatment mitigation, preparation of landscape plans, irrigation plans, aesthetic
bridge plan and details, privacy wall aesthetic details, and erosion control plans for the proposed
Northern Parkway from Agua Fria Bridge to 99th Avenue. The project will including the widening
of Northern Parkway from the Agua Fria Bridge to 99th Avenue. In addition to the key
stakeholder Maricopa County Department of Transportation (MCDOT), J2 will also be working in
conjunction with the City of Peoria (COP), City of Glendale (COG).
J2 will assist in the report preparation to document the drainage analyses preformed, attend
meets in accordance with the hours specified, and coordinate the design with B&N, and
MCDOT.
This Northern Parkway from Agua Fria Bridge to 99th Avenue will be designed to a unique
combination of design standards and specifications that are specific to Northern Parkway. No
new standards are introduced, but there are a combination of standards applied from MCDOT,
ADOT, MAG, and in some cases the City of Peoria or the City of Glendale, depending on the
design element and/or location. The applicable design standards will be documented in the
drainage reports.
DRAINAGE DESIGN
Task 100 – Data Collection
J2 will collect available data required for the hydraulic analyses. It is anticipated that this data
will include Northern Parkway: Loop 101 to Grand Avenue, Scoping Assessment, Scoping and
Design Report, Revised December 2019, topographic mapping (provided by MCDOT), R/W and
easements, Northern Avenue As-Built drawings (MCDOT/Peoria).
It is anticipated that supplemental survey and utility locating (potholing) may be utilized to verify
existing site information. The survey and utility location will be performed by other team
members.
Project No.: TT0600
Contract No.: 2021-045
Prepared: October 2021
Page 2 of 6
Task 200 - Hydrologic Analyses
Onsite Drainage
MCDOT procedures and methodologies will be utilized for the onsite drainage design. The
Rational Equation will be utilized for the hydrologic analyses. The onsite drainage will be
designed for the 10-year return interval. J2 will develop contributing area maps that document
the area, roughness coefficient, and discharge generated by each roadway parcel.
J2 will work with ADOT, MCDOT, FCDMC, Peoria, and Glendale to determine the required
water quality treatment for Northern Parkway. The storm drain facilities will ultimately discharge
into the New River.
Offsite Drainage
J2 will verify the design discharge values to be utilized for the project. The values will be based
on the recommendations from the SDR. The Peoria Storm Drain Master Plan, January, 2014
(Peoria SDMP) served as the primary basis of design. The offsite flows are based on the 100-
year 24-hour HEC-1 model developed for the Peoria ADMP. The MCDOT design return interval
is the 50-year storm event. However, in urban areas FEMA requires that the adjacent
properties not be adversely impacted during the 100-year storm event. The proposed roadway
profile mimics the existing profile of Northern Avenue. The proposed roadway has sections of
raised medians. The medians will be designed to ensure that cross drainage is not adversely
impacted. MCDOT and Peoria allow a six (6) inch overtopping depth during the 100-year storm
event. The Peoria ADMP is a regional model and site specific inflow locations will need to be
refined as part of this project. It is anticipated that sub-basins adjacent to the Northern Parkway
corridor may need to be modified to more accurately quantify inflow locations. In addition, team
members will document recent developments in the project watershed that would impact the
hydrologic analyses.
Task 300 – Hydraulic Analyses
Procedures and methodologies from MCDOT and FCDMC will be utilized for design of the
storm drain facilities. It is anticipated that J2 will utilize the StormCADD and/or SWMM
computer models for design of the storm drain system. Procedures and methodologies from the
FHWA publication entitled Urban Drainage Design Manual (HEC-22) will be utilized for design of
catch basins and median inlets.
J2 will develop hydraulic models (HEC-RAS) required for a FEMA CLOMR/LOMR permit for
New River. J2 will prepare the CLOMR permit application and submit to the FCDMC and FEMA
for review and approval. It is anticipated that the approval process may require 6 – 9 months.
FEMA does not have a frim time period for permit review.
Since the project impacts the existing bank protection of the New River, a 408 permit may be
required. J2 will coordinate with the US Army Corps of Engineers regarding any required 408
permit review. As a note, review times for a 408 permit submitted to the US army corp of
engineers can take up to a year to process.
Project No.: TT0600
Contract No.: 2021-045
Prepared: October 2021
Page 3 of 6
Task 400 - Report Preparation
J2 will provide both a Preliminary and a Final Drainage Report for this project, in accordance
with the MCDOT PDM. J2 will coordinate with MCDOT to ensure consistency between the final
drainage design and the SCOPING DESIGN REPORT.
The drainage reports will contain an executive summary, narrative, drainage area map, and
appropriate calculations. Reference tables, calculations, computer printout and electronic files
will be in an appendix or appendices. The Preliminary Drainage Report addressing both on-site
and off-site flows will be submitted with the 60% plans. The Final Drainage Report addressing
both on-site and off-site flows will be submitted as a bound report and in electronic format.
Drainage maps and calculations will be prepared that quantify existing conditions and
demonstrate compliance with the drainage design criteria. Calculations will include, but not be
limited to, identifying quantities, direction and spread of runoff flows to culverts and channels
within and adjacent to the project for both existing and proposed conditions.
Task 500 - Drainage Plan Preparation
J2 will develop drainage construction documents for the project in accordance with MCDOT
requirements. It is anticipated that four (4) submittals will be required for this project (60%,
95%, 100% and Sealed). The construction documents will consist of plans, specifications, and
opinions of probable construction cost for the drainage facilities.
It is anticipated that the following sheets will be required for the project:
1. Storm Drain Plan Sheets
29 sheets
2. Storm Drain Profile Sheets
16 sheets
3. Retention Basin Plan, Coordinate Geometry, Cross Sections
8 sheets
4. Drainage Details
5 sheets
58 sheets
LANDSCAPE DESIGN
Task 100 – Landscape & Irrigation Plans
J2 will develop Landscape and Irrigation construction documents for the project in accordance
with MCDOT requirements. J2 will generate a proposed plant palette and irrigation equipment
list for review with MCDOT and Stakeholders. It is anticipated that four (4) submittals will be
required for this project (60%, 95%, 100% and Sealed). The construction documents will
consist of plans, specifications, and opinions of probable construction cost for the Landscape
and Irrigation facilities.
1. Landscape Cover Sheet / Summary
1 Sheet
2. Landscape Details
3 sheets
3. Landscape Plans (20 Scale)
20 Sheets
Project No.: TT0600
Contract No.: 2021-045
Prepared: October 2021
Page 4 of 6
4. Irrigation Cover Sheet / Summary
1 sheets
5. Irrigation Details
5 sheets
6. Irrigation Plans (20 Scale)
20 sheets
50 sheets
Task 200 – Roadway Aesthetics (Bridge and Privacy Walls)
J2 will develop Bridge Aesthetics and Privacy wall construction documents for the project in
accordance with MCDOT requirements. J2 will develop up to three (3) concepts for the
pedestrian barrier and vehicular barrier at the Agua Fria Bridge and (3) concepts for the privacy
walls adjacent to the private residences along the corridor for MCDOT and stakeholder review.
Each concept will be a color rendered elevation portraying the design and color scheme. Upon
stakeholder feedback J2 will refine the barrier aesthetic into a preferred alternative. The
preferred alternative will be utilized as the basis of the construction documents. It is anticipated
that four (4) submittals will be required for this project (60%, 95%,100% and Sealed). The
construction documents will consist of plans, specifications, and opinions of probable
construction cost for the Bridge aesthetics and privacy walls.
1. Bridge Aesthetic – General Notes/ Cover
1 sheet
2. Bridge Aesthetic Plan View (20 Scale)
3 sheets
3. Bridge Aesthetic Details
3 sheets
4. Privacy Wall Aesthetic Details
3 sheets
5. Privacy Wall Aesthetic Elevations
6 sheets
16 sheets
Task 300 – Erosion Control
J2 will develop Erosion Control construction documents for the project in accordance with
MCDOT requirements. It is anticipated that four (4) submittals will be required for this project
(60%, 95%,100% and Sealed). The construction documents will consist of plans, specifications,
and opinions of probable construction cost for the Erosion Control facilities.
1. Erosion Control Cover Sheet
1 sheet
2. Erosion Control Summary
1 sheet
3. Erosion Control Details
3 sheets
4. Erosion Control Plan (40 Scale)
10 sheets
15 sheets
The following is a listing of deliverables at the different project milestones:
Meetings and Coordination:
J2 will attend meetings and coordinate with team members in accordance with hours defined in
the man hour estimate. It is anticipated that these meetings will include the kickoff meeting,
monthly progress meetings, internal project team meetings, and comment resolution meetings.
60% Submittal
Project No.: TT0600
Contract No.: 2021-045
Prepared: October 2021
Page 5 of 6
J2 will perform a field investigation to identify existing conditions and other issues that will
impact the designs for the elements and features discussed.
60% deliverables:
Special Provisions – 8.5” x 11” – Electronic Word Document and .PDF
Opinion of Probable Construction Cost – 8.5” x 11” – Electronic Word Document and .PDF
Full Size - 22” x 34” and Half Size – 11” x 17” Electronic Plan Sets including sheets for the
followings disciplines; Drainage, Landscape / Irrigation, Aesthetics, and Erosion Control
95% Submittal
J2 will further refine the design concepts and address stakeholder comments from the 60%
submittal to bring the documents to a 90% level of completion.
95% deliverables:
Special Provisions – 8.5” x 11” – Electronic Word Document and .PDF
Opinion of Probable Cost – 8.5” x 11” – Electronic Word Document and .PDF
Full Size - 22” x 34” and Half Size – 11” x 17” Electronic Plan Sets including sheets for the
followings disciplines; Drainage, Landscape / Irrigation, Aesthetics, and Erosion Control
100% Submittal
J2 will further refine the design concepts and address stakeholder comments from the 95%
submittal to bring the documents to a 100% level of completion.
100% deliverables:
Special Provisions – 8.5” x 11” – Electronic Word Document and .PDF
Opinion of Probable Cost – 8.5” x 11” – Electronic Word Document and .PDF
Full Size - 22” x 34” and Half Size – 11” x 17” Electronic Plan Sets including sheets for the
followings disciplines; Drainage, Landscape / Irrigation, Aesthetics, and Erosion Control
Sealed Submittal
After receiving final approval on the 100% plans from stakeholders J2 will prepare final sealed
plans.
All plan sheets, reference files, special provisions and cost estimates will be prepared to
conform to the latest MCDOT guidelines. J2 will apply MCDOT accepted QA/QC processes
and have available for review the QA/QC documents. Upon Project completion J2 will prepare
record CD’s of all plan files and special provisions for B&N and MCDOT files.
Post Design
J2 will provide post design services for the drainage and landscape architecture. Post services
may include update of project documents, review of materials, Request for Information (RFI’s),
etc.
Project No.: TT0600
Contract No.: 2021-045
Prepared: October 2021
Page 6 of 6
Project Assumptions
1. Native Plant Inventory and Salvage plans have not been included in this scope of
services
2. Structural Engineering has not been included in this scope of services. Treatments to
Retaining Walls are for aesthetic treatments only.
3. CADD drawings will be in accordance with MCDOT formats and will be completed
utilizing Bentley Open Roads Design (ORD).
4. Environmental permitting to be performed by others
5. No hardscape design has been included in this scope of services.
6. Power design for irrigation controllers will be provided by others. J2 will identify
locations for required power services only.
7. Any meeting beyond what is described with the scope of services or documented on the
man hour estimate have not been included in this scope of services.
Northern Parkway: Agua Fria Bridge to 99th Ave
PROJECT NO. TT0600
Environmental Design, LLC
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Design Manager
169
76.50
$
12,929
$
Senior Project Engineer
197
66.00
$
13,002
$
Project Engineer
261
49.25
$
12,854
$
Engineer
240
38.00
$
9,120
$
Senior Project Landscape Architect
230
68.00
$
15,640
$
Project Landscape Architect
216
46.69
$
10,085
$
Desinger - Senior
652
44.18
$
28,806
$
Designer
934
29.15
$
27,226
$
Clerical
48
27.75
$
1,332
$
2,947
Hours
Estimated Labor Cost
130,994
$
Overhead 146.36%
191,722
$
Subtotal
322,716
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
-
$
Plotting
15,000.00
$
15,000
$
Entry Monuments / Signage
15,000.00
$
15,000
$
CLOMR/LOMR Review Fees
Total Estimated Expenses
30,000
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
N/A
-
$
N/A
-
$
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
32,272
$
TOTAL ESTIMATED FEE
384,987
$
CONTRACT TIME
1888 Calendar Days
11/17/2021
(Figures Rounded To The Nearest $1)
J2 Engineering & Environmental Design, LLC
Date
Engineering Firm: J2 Engineering &
DERIVATION OF COST PROPOSAL SUMMARY
10/19/2021
Page 1 of 15
Northern Parkway: Agua Fria Bridge to 99th Ave
PROJECT NO. TT0600
Environmental Design, LLC
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Design Manager
153
$76.50
$11,705
Senior Project Engineer
169
$66.00
$11,154
Project Engineer
221
$49.25
$10,884
Engineer
200
$38.00
$7,600
Senior Project Landscape Architect
218
$68.00
$14,824
Project Landscape Architect
192
$46.69
$8,964
Desinger - Senior
622
$44.18
$27,480
Designer
898
$29.15
$26,177
Clerical
41
$27.75
$1,138
2,714
Hours
Estimated Labor Cost
$119,926
Overhead 146.36%
$175,523
Subtotal
$295,449
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
-
$
Plotting
-
$
Entry Monuments / Signage
15,000.00
$
$15,000
CLOMR/LOMR Review Fees
Total Estimated Expenses
$15,000
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
-
$
Total Estimated Outside Services
PROFIT (Direct Labor +Overhead)
10%
$29,545
TOTAL ESTIMATED FEE
$339,994
CONTRACT TIME
1888 Calendar Days
11/17/2021
(Figures Rounded To The Nearest $1)
J2 Engineering & Environmental Design, LLC
Date
Engineering Firm: J2 Engineering &
DERIVATION OF COST PROPOSAL SUMMARY
(Design Phase - A)
10/19/2021
Page 1 of 15
Northern Parkway: Agua Fria Bridge to 99th Ave
PROJECT NO. TT0600
Environmental Design, LLC
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Design Manager
16
$76.50
$1,224
Senior Project Engineer
28
$66.00
$1,848
Project Engineer
40
$49.25
$1,970
Engineer
40
$38.00
$1,520
Senior Project Landscape Architect
12
$68.00
$816
Project Landscape Architect
24
$46.69
$1,121
Desinger - Senior
30
$44.18
$1,325
Designer
36
$29.15
$1,049
Clerical
7
$27.75
$194
233
Hours
Estimated Labor Cost
$11,068
Overhead 146.36%
$16,199
Subtotal
$27,266
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
-
$
Plotting
-
$
Entry Monuments / Signage
CLOMR/LOMR Review Fees
15,000.00
$
$15,000
Total Estimated Expenses
$15,000
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
-
$
Total Estimated Outside Services
PROFIT (Direct Labor +Overhead)
10%
$2,727
TOTAL ESTIMATED FEE
$44,993
CONTRACT TIME
1888 Calendar Days
11/17/2021
(Figures Rounded To The Nearest $1)
J2 Engineering & Environmental Design, LLC
Date
Engineering Firm: J2 Engineering &
DERIVATION OF COST PROPOSAL SUMMARY
(Constructoin Phase - B)
10/19/2021
Page 1 of 15
Northern Parkway: Agua Fria Bridge to 99th Ave
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Design
Manager
Senior
Project
Engineer
Project
Engineer
Engineer
Senior
Project
Landscape
Architect
Project
Landscape
Architect
Desinger -
Senior
Designer
Clerical
Total
J2 Engineering & Environmental Design, LLC
TASK
ESTIMATED STAFF HOURS - (Design A + Construction B)
8.0
DRAINAGE
TT-0600-D.800.1.
8.2.1
Preliminary Drainage Report
4
10
16
10
4
6
8
58
TT-0600-DF.800.1
8.2.1
Final Drainage Report
2
8
10
6
4
6
8
44
11.0
PLAN PREPARATION
TT-0600-D.900.5
11.3
Engineering Calculations
16
32
40
54
142
TT-0600-DF.900.6
11.4
Special Provisions
10
16
12
6
7
51
TT-0600-F.900.7
11.5
Cost Estimates
2
4
8
10
4
6
34
TT-0600-S.900.8
11.9
Bridge Design
11.91
Hydraulic Analyses
2
4
16
20
42
11.92
Scour Evaluation
10
24
12
10
56
11.93
FEMA CLOMR/LOMR Appliction Prep (No review fees)
10
24
40
40
6
8
10
138
11.94
408 Permit Coordination
12
32
44
44
6
8
8
154
11.14
Pipe Profiles
11.14.1
Drainage Plan Sheets
20
29
11
132
192
324
11.14.2
Pipe Profiles
16
11
72
96
168
11.14.3
Retention Basins
8
10
32
48
80
11.14.4
Drainage Details
5
12
24
36
60
11.17
Landscape Architectural Practice and Design
11.17.1
Landscape - Cover Sheet / Legend / Summary
1
7
1
2
2
2
7
11.17.2
Landscape Details
3
12
4
8
12
12
36
11.17.3
Landscape Plans
20
20
13
36
48
80
104
268
11.17.4
Irrigation -Cover Sheet / Legend / Summary
1
19
1
2
6
10
19
11.17.5
Irrigation Details
5
16
12
16
24
30
82
11.17.6
Irrigation Plans
20
20
13
12
24
96
124
256
11.17.7
Erosion Control - Cover
1
7
1
2
2
2
7
11.17.8
Erosion Control - Summary
1
11
1
2
4
4
11
11.17.9
Erosion Control - Detail
3
10
2
4
12
12
30
11.17.10 Erosion Control - Plans
40
10
10
20
30
24
30
104
11.17.12 Bridge Aesthetics -General Notes / Cover
1
7
1
2
2
2
7
11.17.13 Bridge Aesthetics - Plan Views
3
26
8
12
18
40
78
11.17.14 Bridge Aesthetics -Detail
3
26
8
12
18
40
78
11.17.15 Privacy Wall Aesthetic Details
3
26
8
12
18
40
78
11.17.16 Privacy Wall Elevations
6
14
8
16
20
40
84
13.2
Meetings
13.2
Kick-Off Meeting
1.5
1.5
3
13.2
Progress Meetings (12 - in person; 12 - virtual)
48
48
96
13.2
Internal Coordination Meetings (30 - virtual)
20
15
15
30
80
13.2
Comment Resolution Meetings (in person)
7.5
7.5
15
3/26/2013
Page 1 of 2
Northern Parkway: Agua Fria Bridge to 99th Ave
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Design
Manager
Senior
Project
Engineer
Project
Engineer
Engineer
Senior
Project
Landscape
Architect
Project
Landscape
Architect
Desinger -
Senior
Designer
Clerical
Total
J2 Engineering & Environmental Design, LLC
TASK
ESTIMATED STAFF HOURS - (Design A + Construction B)
13.25
Technical Meetings - Drainage
8
8
16
13.26
Technical Meetings - LA (in person)
8
8
15.0
POST DESIGN SERVICES
16
28
40
40
12
24
30
36
7
233
TOTALS
139
21
169
197
261
240
230
216
652
934
48
2947
3/26/2013
Page 2 of 2
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: J2 Engineering &
PROJECT NO. TT0600
Contract No. 2021-045
Travel
A. Local Mileage at
$
miles
Subtotal Travel
#VALUE!
Plotting
B. Exhibits at
exhibits
C. Plots at
plots
-
$
D. Plan Submittals
Half Size Bond Copies at
Copies
Full Size Bond Copies at
Copies
Subtotal Plotting
-
$
Miscellaneous Expenses
Entry Monuments / Signage
15,000
$
CLOMR/LOMR Review Fees
15,000
$
Subtotal Miscellaneous Expenses
30,000
$
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
-
$
-
$
TOTAL ESTIMATED OUTSIDE SERVICES
-
$
TOTAL ESTIMATED EXPENSES
30,000.00
ESTIMATE OF DIRECT EXPENSES
3/26/2013
Page 15 of 15
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - F
FEE PROPOSAL: MAKPRO SERVICES, LLC
MakPro Services, LLC
2036 N. Gentry • Mesa, AZ 85213
Office: 480-890-1927
Email: teresa@makprosvc.com
October 13, 2021
Mr. David Lenzer
Burgess & Niple, Inc.
1500 N. Priest Drive, Suite 102
Tempe, AZ 85281
Dear David:
MakPro Services, LLC (MakPro) is pleased to provide the following scope of work and
cost estimate for public outreach services during design of MCDOT’s Northern Parkway
Project, from Agua Fria Bridge to 99th Avenue (MCDOT Project TT0600). Public outreach
is an important element during design of large capital projects, and provides a link
between the project and the community it impacts. Many times this small link is all that
is needed to help a project run more smoothly.
There are a variety of communication tools which can be used to establish appropriate
communication with the effected stakeholders of a project. The public outreach
activities provided as part of this cost estimate are based on the information you
provided from MCDOT’s scope of services for the project. As part of the public outreach
effort for this project, MakPro will:
• Assist with developing a strategy for one public meeting for the project;
• Assist with developing a specific strategy to engage key City of Peoria and City of
Glendale management and elected officials, or key stakeholder constituents that
need engaging;
• Participate in the public meeting and provide handout and sign-in services during
the meeting;
• Participate in up to five (5) regular coordination meetings for the project during
design;
• Coordinate as needed with MCDOT’s Public Information staff to assist with
messaging or information related to the project.
Please take a moment to review this scope of work and the following cost estimate for
public outreach services during design. If I’ve missed or misunderstood any of the
project characteristics, or if you’d like to customize this proposal in some other way,
please let me know.
Mr. David Lenzer, Burgess & Niple, Inc.
October 13, 2021
Public Outreach Services During DESIGN –Northern Parkway Project, Agua Fria Bridge to 99th Ave
Task
Public
Outreach
Project
Manager
Hrs
($45.00/hr)
Senior
Public
Outreach
Coordinator
Hrs
($36.00/hr)
Public
Outreach
Coordinator
Hrs
($24.40/hr)
Fee / Cost
(rounded)
Public Meeting Strategy
Development
7
2
$387
Outreach Strategy for Elected
Officials/Management
7
2
$387
Public Meeting (1)
6
4
8
$609
Project design progress meetings
(up to 5)
10
10
$810
Public Outreach Coordination
10
5
$630
Sub Total
40
23
8
$2,823
Overhead (148%)
$4,178
Profit (10%)
$700
Grand Total
$7,701
The total cost for public outreach services as identified in the above cost estimate
should not exceed $7,701.00. MakPro is not responsible for any expenses related
to rental of meeting venue, or printing, postage or distribution of meeting notifications,
or printing of meeting materials. Changes of substance to this proposal during the
project may affect the final cost.
Thank you for the opportunity to work with you on this project. Should you have
questions, need additional information, or wish to customize this proposal in some other
way, please feel free to contact me at (480) 890-1927.
Sincerely,
Teresa Makinen
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - G
FEE PROPOSAL: T.Y. LIN INTERNATIONAL
Scope of Services – Project
Specific
Final Design Services
NORTHERN PARKWAY: AGUA FRIA BRIDGE TO
99TH AVENUE
Consultant:
T.Y. Lin International
Project No:
Contract No.:
TRACS No.:
Federal Aid No.:
TT0600
2021-045
T0188 03D
STBGP MMA-0(280)D
Maricopa County
Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
DECEMBER 2021
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 2 of 13
Table of Contents
SCOPE OF SERVICES – NORTHERN PARKWAY: AGUA FRIA BRIDGE TO 99TH AVENUE 4
Project Overview .................................................................................................................................... 4
Project Location .................................................................................................................................. 4
Project Background ............................................................................................................................ 4
Project Purpose ................................................................................................................................... 4
Length of Services .................................................................................................................................. 4
SECTION 100
PROJECT MANAGEMENT ..................................................................................... 4
100.1
Project Work Plan ............................................................................................................ 4
100.1.3
Matrix of Responsibilities ................................................................................................ 4
100.1.4
Matrix of Deliverables ..................................................................................................... 5
100.3
Kick-Off Meeting ............................................................................................................. 5
100.6
Project Progress Meetings ................................................................................................ 5
100.6.4 Progress Meetings .................................................................................................................. 6
100.8
Field Walk with Project Team .......................................................................................... 6
100.12
Project Administration ...................................................................................................... 6
SECTION 400 PROJECT COORDINATION....................................................................................... 6
400.6
60% Public Project Update Activity and Feedback ......................................................... 6
400.8
Project Specific Partnering Special Provisions ................................................................ 6
400.11
Project Coordination ........................................................................................................ 6
SECTION 500 UTILITIES AND RAILROAD ...................................................................................... 6
500.1
Verification of Existing Utility Base Map ........................................................................ 6
500.2
Utility and Railroad Conflict Identification ...................................................................... 7
500.2.1 Utility Potholing ..................................................................................................................... 7
500.2.2 Utility Adjustments and Relocations ...................................................................................... 7
500.3
Utility Prior Rights ............................................................................................................ 7
500.4
Utility Company Review .................................................................................................. 7
500.5
Pothole Data on Plans, Profiles and Cross-Sections ......................................................... 7
500.10
Proposed Utility Data on Plans, Profiles and Cross-Sections ........................................... 8
500.11
Utility Relocation Plans .................................................................................................... 8
500.13
Utility Special Provisions.................................................................................................. 8
500.14
Utility Relocation Cost Estimates ..................................................................................... 8
500.15
Utility and Railroad Agreements ...................................................................................... 8
500.16
Utility Clearance Letter ..................................................................................................... 8
500.17
Utility Coordination Meetings .......................................................................................... 8
500.17.1 Agenda ................................................................................................................................. 8
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 3 of 13
500.17.2 Attendance ............................................................................................................................ 9
500.17.3 Meeting Notes ...................................................................................................................... 9
500.18
General Utility Coordination ............................................................................................ 9
SECTION 1100 PLANS, SPECIFICATIONS AND ESTIMATE ........................................................ 9
1100.1
60 % Plans, Specifications and Estimate Development ................................................... 9
1100.1.1 Typical Section Design & Plan Development ...................................................................... 9
1100.1.2 Roadway Design & Plan Development ................................................................................ 9
1100.1.3 Driveway Detail Design & Plan Development .................................................................... 9
1100.1.5 Detail Sheets Design & Plan Development .......................................................................... 9
1100.1.7 Structures Design & Plan Development ............................................................................ 10
1100.1.9 City Owned Utility Relocation Design & Plan Development ............................................ 10
1100.1.16 Special Provisions ............................................................................................................ 11
1100.1.17 Construction Cost Estimates ............................................................................................ 11
1100.2
60 % PS&E Submittal .................................................................................................... 11
1100.3
95 % Plans, Specifications and Estimate Development ................................................. 11
1100.4
95 % PS&E Submittal .................................................................................................... 11
1100.5
100 % Plans, Specifications and Estimate Development ............................................... 11
1100.6
100 % PS&E Submittal .................................................................................................. 11
1100.7
Sealed Plans, Specifications and Estimate Development............................................... 11
1100.10
Sealed PS&E Submittal ................................................................................................. 11
1100.11
Project Submittals .......................................................................................................... 12
SECTION 1300 BIDDING PHASE ....................................................................................................... 13
1300.6
Preparation of Addenda ................................................................................................. 13
SECTION 1400 CONSTRUCTION PHASE ........................................................................................ 13
1400.1
Pre-Construction Conference ......................................................................................... 13
1400.2
Requests for Information (RFIs), Submittals and Construction Coordination ............... 13
List of Tables
Table 1 – Matrix of Responsibilities .......................................................................................................... 5
Table 2 – Matrix of Deliverables ............................................................................................................... 5
Table 4 – Project Submittals Table .......................................................................................................... 12
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 4 of 13
SCOPE OF SERVICES – NORTHERN PARKWAY: AGUA FRIA
BRIDGE TO 99TH AVENUE
Project Overview
The Maricopa County Department of Transportation (MCDOT) has requested services from Burgess and
Niple, Inc. (Prime) to prepare construction documents for the project. TY Lin International (Consultant)
is a subconsultant to Prime and will provide roadway, bridge, and utility engineering services.
Project Location
The project is located along Northern Parkway between the Agua Fria Bridge and 99th Avenue including
the New River Channel Bridge. The project is within Maricopa County, the City of Glendale, and the City
of Peoria.
Project Background
The Northern Parkway segment between the Agua Fria Bridge and 99th Avenue is part of the overall 12.5-
mile Northern Parkway regional west to east connector from SR 303L to US 60 (Grand Avenue). The
Northern Parkway Overall Program is a collaboration of multiple agencies including Maricopa County,
Luke Air Force Base, MAG, ADOT, FCDMC, and the Cities of Glendale, Peoria, and El Mirage.
Project Purpose
The purpose of this project is to develop federally biddable construction contract documents (plans,
specifications, estimates and other required technical reports) in accordance with the Federal Highway
Administration standards to obtain funding and advertise the project for construction. The scope of work
presented herein is based on the information supplied by MCDOT in the Scope of Services for the design
of Northern Parkway: Agua Fria Bridge to 99th Avenue.
Length of Services
The contract time is 1,888 calendar days from issuance of the Notice to Proceed (NTP).
SECTION 100 PROJECT MANAGEMENT
100.1
Project Work Plan
The Consultant shall establish a project management system and work plan for schedule and budget
control. The Consultant shall maintain a master project documentation file.
100.1.3
Matrix of Responsibilities
Table 1 depicts the division of responsibilities between the Consultant and Prime. Table 1 is intended as
a quick reference; however, if the written scope and this Table have conflicts, the written scope shall take
precedence.
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 5 of 13
Table 1 – Matrix of Responsibilities
Scope
Section
Item
Prime
Consultant
100
Project Management
X
X
400
Project Coordination
X
X
500
Utilities and Railroad
X
X
1100
Plans, Specifications and Estimate
X
X
1300
Bidding Phase
X
X
1400
Construction Phase
X
X
100.1.4
Matrix of Deliverables
Table 2 depicts the deliverables required for the project. The Consultant shall use MicroStation (Open
CONNECT series) to develop CADD deliverables and will use MCDOT’s CADD Standards.
Table 2 – Matrix of Deliverables
Supplier
Milestone Submittal Item
FINAL DESIGN PHASE
60% PS&E
Submittal
95%
PS&E
Submittal
100%
PS&E
Submittal
Sealed
PS&E
Roadway
Roadway and Multi-Use Trail Plans
(see Cost Proposal for Summary)
P
F
FR
S
Roadway
Multi-Use Trail Cross Sections (see
Cost Proposal for Summary)
P
F
FR
FR
Structures
New River Bridge Plans (see Cost
Proposal for Summary)
P
F
FR
S
Utility
Utility Relocation Plans (see Cost
Proposal for Summary)
P
S
Estimates
Quantities and Cost Estimate
P
F
FR
S
Roadway &
Structures
Final Design Calculations
P
F
FR
S
Roadway &
Structures
CADD Files (graphic, ascii, dtm, etc.)
P
F
FR
S
I = Initial P = Preliminary F = Final FR = Final Revised S = Sealed
100.3
Kick-Off Meeting
At the beginning of the project, a kick-off meeting will be held virtually. The meeting is anticipated to
last approximately one and a half (1.5) hours. The Consultant will have three (3) representatives attend.
100.6
Project Progress Meetings
The Consultant shall attend progress meetings during the duration of the final design phase for this project.
These meetings include, but are not limited to, progress meetings, comment resolution meetings, and
coordination meetings with the technical groups and other stakeholders.
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 6 of 13
100.6.4 Progress Meetings
Progress meetings will be held on a monthly basis throughout the design process. The Consultant shall
attend these meetings. Progress meetings shall generally be held once a month while the project is active.
During the land right acquisition portions these monthly meetings will not be required. An estimated
twenty-four (24) Progress meetings are anticipated based on the project schedule. Progress meetings are
assumed to last approximately one and a half (1.5) hours. The Consultant will have a minimum of two (2)
representatives in attendance at each meeting. Half of the Progress meetings are anticipated to occur
virtually, and half anticipated to be held at MCDOT offices at 2901 W. Durango Street, Phoenix, Arizona.
Three (3) comment resolution meetings will be held after the 60%, 95%, and 100% submittals. The
meetings are anticipated to last one and a half (1.5) hours each and will be held at MCDOT offices. The
Consultant will have two (2) representatives attend.
100.8 Field Walk with Project Team
The Project Team will visit the field site to acquaint key personnel with the details and features of the
project and to gather input on issues, concerns, and opportunities. The field walk is anticipated to take 4
hours. Three (3) representatives from Consultant are anticipated to be in attendance.
100.12 Project Administration
The Consultant project manager will provide monthly progress reports and submit monthly invoices to
the Prime in a format approved by MCDOT. The Consultant will set up and administer the project.
SECTION 400 PROJECT COORDINATION
400.6
60% Public Project Update Activity and Feedback
The Consultant shall attend one (1) public meeting. The public meeting is anticipated to occur near the
project site. The public meeting is anticipated to have a duration of three (3) hours. The Consultant will
have two (2) representatives in attendance.
400.8
Project Specific Partnering Special Provisions
The Consultant shall identify and develop project specific partnering special provisions with the project
partners to address the improvements associated with the New River bridge, roadway improvements
between the New River bridge and 99th Avenue, and the multi-use trail. See Section 1100.1 for more
detailed description of the location.
400.11
Project Coordination
The Consultant will participate in recurring design team coordination meetings throughout the project. 30
meetings are anticipated to occur during design. The meeting is anticipated to be 1 hour in duration. 2
attendees are assumed.
SECTION 500 UTILITIES AND RAILROAD
500.1 Verification of Existing Utility Base Map
The Prime will provide existing utility base map compiled as part of previous scoping effort. Consultant
shall coordinate with Prime & MCDOT Utility Coordinator to ensure consistency between final design
and the Scoping Design Report.
The Consultant shall indicate existing utilities by name, size, and type in base map. If existing and/or new
pipelines are 18 inches or greater in diameter, the Consultant shall show the pipe edge limits in base map.
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 7 of 13
500.2 Utility and Railroad Conflict Identification
The Consultant shall indicate potential areas of conflict between utility facilities and project
improvements for the limits listed in Section 1100.1. The Consultant shall work with the Utility
Coordinator to communicate with utility companies to mitigate conflicts. The Consultant shall adjust
project plans as much as possible to avoid utility conflicts without impacting the needs of the project or
public safety. When a property is acquired for a project, private utility issues are resolved as part of the
Right-of-Way acquisition. The Consultant shall coordinate these and any private utility issues with the
Utility Coordinator, Right-of-Way Coordinator, and Project Manager.
500.2.1 Utility Potholing
Utility Potholing was performed during scoping. The Consultant shall prepare a list of additional specific
locations where an accurate vertical and horizontal location of the utility is needed prior to the 95%
submittal. The requested pothole locations are to be indicated on an exhibit with station and offsets along
with survey control. The Consultant shall request verification of the As-Built location of any underground
utility that appears to be in close proximity or conflict with any proposed project improvements to
determine actual locations and resolve potential conflicts. MCDOT shall be responsible for obtaining
pothole data, including permits and necessary clearances, that MCDOT approves as being necessary and
will provide this information to the Consultant for use in design. The Consultant will utilize the Utility
Conflict and Resolution List in Appendix 4-C of the PDM to tabulate the information.
500.2.2 Utility Adjustments and Relocations
Utilities relocation will be coordinated by MCDOT. Consultant shall coordinate with the Utilities
Coordinator and utility companies to identify all utility conflicts, which will require adjustment and/or
relocation. The Consultant shall work closely with the utility company and MCDOT to determine the
relocation requirements of the utility.
500.3 Utility Prior Rights
MCDOT will determine by examination, easements, permits and/or other evidence, the utility’s rights to
occupy the area of conflict and who will bear the burden of relocation costs. Utility Coordinator will
verify prior rights.
500.4 Utility Company Review
MCDOT will initiate direct contact with utility company engineers for design coordination and conflict
resolution. The Consultant shall furnish review copies of 60, 95, and 100 percent plans to the Utility
Coordinator and each utility company having facilities in the project area. The size (half-size or full-size)
and number of the plans shall be as requested by the utility. The Consultant shall provide electronic files
on CD disks to Utility Companies when requested. One (1) plan set shall be provided to the MCDOT
Utility Coordinator with each submittal. Consultant shall provide Utility Coordinator with copies of all
correspondence from utility companies.
500.5 Pothole Data on Plans, Profiles and Cross-Sections
Consultant shall show pothole data on plans, profiles, and cross-sections for the limits listed in Section
1100.1. The pipe wall thickness shall be shown in profile and section views. All utility elevations shall be
shown in the same datum as the roadway plans.
The Consultant shall show the top of valve box elevations and top of operating nut elevations for all water
valves on the plan view with a leader pointing to all water valves. The Consultant shall show rim and
invert elevations for all existing storm and sanitary sewer manholes on the plan view with a leader pointing
to the manhole. This information will be provided for the limits listed in Section 1100.1.
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 8 of 13
Existing utility crossings shall be shown at the location and elevation as obtained from As-Builts,
interpolated from actual survey data, or as determined from pothole explorations. The Consultant shall
indicate on the plans the data source by the notation “As-Built” or “pothole”. All elevations shall be
converted to and shown using the roadway project datum.
500.10 Proposed Utility Data on Plans, Profiles and Cross-Sections
Consultant shall show proposed utility data on plans, profiles, and cross-sections for the limits listed in
Section 1100.1. All utility elevations shall be shown in the same datum as the roadway plans.
500.11 Utility Relocation Plans
No time is included for utility relocation plans. The Prime will complete these plan sheets. Labor hours
have been included to review third party utility relocation plans against the proposed improvements.
500.13 Utility Special Provisions
The Consultant shall identify and develop needed utility special provisions with the project partners to
address the improvements described in this Scope of Services.
500.14 Utility Relocation Cost Estimates
Consultant shall prepare utility relocation cost estimates and schedule for anticipated utility relocations
as requested by MCDOT. Cost estimates will be developed for relocation of facilities with approved
and/or anticipated prior rights approval by MCDOT.
500.15 Utility and Railroad Agreements
MCDOT will develop any necessary utility agreements for the project. Consultant shall provide
information to the Utility Coordinator as requested to support the development of the agreements.
500.16 Utility Clearance Letter
MCDOT will develop the utility clearance letter. Consultant shall provide information to the Utility
Coordinator as requested to support the development of the utility clearance letter.
500.17 Utility Coordination Meetings
MCDOT shall arrange and conduct utility coordination meetings to facilitate identification and resolution
of conflicts for all impacted utility owners. Utility Coordination meetings are anticipated to be held with
the following entities. A maximum of two (2) representatives will attend. Meetings are anticipated to last
one (1) hour, with 1 hour of preparation and 1 hour to complete the notes. The number of anticipated
meetings with each stakeholder is designated in parentheses:
•
Arizona Public Service (APS). Three (3)
•
Kinder Morgan/EPNG. Three (3),
•
City of Glendale. Three (3),
•
City of Peoria. Three (3),
•
Communications (Cox, Verizon, CenturyLink). Five (5),
•
Maricopa County Flood Control District (MCFCD). One (1),
•
Glen Harbor Business Park, two private well relocations. Two (2)
500.17.1 Agenda
The Consultant shall be responsible for preparing the meeting agenda, exhibits, handouts, attending and
facilitating the meetings, and submitting notes of the meeting to MCDOT. All meeting agendas shall be
sent to the MCDOT Utility Coordinator a minimum of 24-hours prior to the meeting occurrence for
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 9 of 13
distribution to the Project Team. The Consultant will provide a roll-plot for Utility coordination
Meetings.
500.17.2 Attendance
The Consultant shall be responsible for taking attendance of all meeting attendees. The attendance list
shall be distributed with the meeting notes.
500.17.3 Meeting Notes
All meeting notes shall be sent to the MCDOT Utility Coordinator within five (5) business days of the
actual meeting occurrence for review. The Consultant shall be responsible for distributing the meeting
notes after the MCDOT Utility Coordinator’s review and approval. Meeting attendees shall have an
additional five (5) business days to comment on the submitted meeting notes, after which time the notes
will be considered final.
500.18 General Utility Coordination
Consultant shall complete general coordination activities throughout the duration of the project’s design
with each of the utility companies to ensure that momentum is maintained on utility conflict reviews,
providing of prior rights, relocation design and relocation construction. General coordination activities
will be logged and reported as they occur and communicated regularly with the MCDOT Utility
Coordinator.
SECTION 1100 PLANS, SPECIFICATIONS AND ESTIMATE
1100.1
60 % Plans, Specifications and Estimate Development
Consultant will prepare design plans for the limits of the project within Northern Avenue beginning at the
east abutment of the New River Bridge and extending to a point approximately 400 feet west of 99th
Avenue. Proposed improvements will also include tying into the interim connection constructed with the
adjacent TT0372 project. Design plans will also include reconnecting the existing multi-use trail under
the New River Bridge to the proposed improvements.
1100.1.1 Typical Section Design & Plan Development
Consultant shall develop Typical Section plan sheets in accordance with the PDM for the limits listed in
Section 1100.1.
1100.1.2 Roadway Design & Plan Development
Consultant shall develop Roadway Plan and Profile Sheets at 1”=20’ scale in accordance with the RDM
for the limits listed in Section 1100.1. A list of the type and number of anticipated Roadway Plan and
Profile Sheets are shown in the derivation of labor hours with the corresponding estimated labor hours for
each type of plan sheet.
Cross sections will be prepared for the multi-use trail connection only. Prime will develop all roadway
cross sections and the earthwork report. Consultant will provide end area quantities in excel format for
inclusion into earthwork report. No earthwork report will be prepared.
1100.1.3 Driveway Detail Design & Plan Development
Consultant shall develop Driveway Detail Sheets at 1”=20’ scale in accordance with the RDM for the
limits listed in Section 1100.1. Driveway details (plan and profile view) will be prepared for every
driveway intersecting Northern Parkway within the project limits.
1100.1.5 Detail Sheets Design & Plan Development
Consultant shall develop Detail Sheets at 1”=20’ scale in accordance with the RDM for the limits listed
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 10 of 13
in Section 1100.1. A list of the type and number of anticipated Detail Sheets are shown in the derivation
of labor hours with the corresponding estimated labor hours.
1100.1.7 Structures Design & Plan Development
New River Bridge
Consultant will develop plans, specifications and estimates for designing a 4-span bridge with prestressed
Utah Bulb Tee girder. It is assumed that the girder span will be configured to match existing bridge. The
substructure is anticipated to consist of stub abutments supported by drilled shafts and both the piers will
have columns supported by individual drilled shafts. The new bridge will be designed and constructed
next to the existing bridge.
The roadway lanes on the existing bridge will be reconfigured to accommodate the new roadway
alignment. Existing barriers will be removed and reconstructed. Reconstructing new barrier on existing
bridge deck may not meet the ADOT standard barrier requirements (MASH compliance). Consultant will
coordinate with stakeholders on the the design criteria for the new barriers on the existing structure.
Structural drawings will be drafted using the Microstation platform and based on the use of MCDOT
CADD standards. Structural drawings, specifications, calculations and cost estimate will be prepared for
four milestone submittals (30%, 60%, 95% & 100% based on the MCDOT requirements).
The ADOT Structure Detail sheets for the Single Slope Concrete Bridge Barrier, the Approach Slabs,
Anchor Slabs, the Retaining Walls, Slope Paving and the Deck Joints will be used for plan development.
A draft and a final bridge selection report will be included with the project deliverables.
TYLI’s structural design estimate includes:
1) The necessary hours for development of the structural calculations for the McDOT
submittal. Review comments will be incorporated as required.
2) The necessary hours for development of the structural calculations and details for utilities
hanging from the superstructure.
3) The necessary hours for development of the structural calculations and details for a special
barrier, aesthetic elements and pedestal on the bridge.
4) The necessary hours for development of the structural calculations and details for barrier
modification on existing bridge.
5) The necessary hours for preparing design calculations for the Bridge structures in
accordance with the AASHTO LRFD Bridge Design Specifications for Highway Bridges,
9th Edition 2020 using the HL-93 design live load vehicle.
Exclusion:
-
Sign supports on bridges
-
Foundation data sheets
-
Retaining walls special design other than calling out ADOT Standard Drawings
-
MSE wall (if any) layout and design are not included
-
Bank Protection is considered for this bridge
-
Drainage structures
-
Geotechnical Report
1100.1.9 City Owned Utility Relocation Design & Plan Development
No time is included for utility relocation plans. The Prime will complete this scope
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 11 of 13
1100.1.16 Special Provisions
Consultant shall prepare the special provisions not adequately covered by the MAG Uniform Standard
Specifications and MCDOT Supplement for the work listed in Section 1100.1 The special provisions
will follow the Northern Parkway Program Special Provisions that incorporate the requirements of the
multiple agencies affected by the project. Labor hours have been estimated for preparing and combining
these special provisions at each of the submittal stages.
The Prime will prepare a construction contract time schedule for the project as part of each submittal
stage. Consultant will provide information as requested.
1100.1.17 Construction Cost Estimates
Consultant shall compute quantities for the work as listed in Section 1100.1.
Consultant will provide Prime quantities in a spreadsheet format. Prime will combine the computed
quantities provided by Subconsultants and import the estimates into the MCDOT Cost Estimating Tool
for all stages of the design (60%, 95%, 100% and Sealed and Signed).
1100.2
60 % PS&E Submittal
Consultant will perform one quality control review by a senior level staff prior to the 60% submittal.
Prime will create and deliver submittal documents.
Prime will compile review comments and distribute to the team. Consultant will provide initial responses
prior to the Comment Resolution Meeting.
1100.3
95 % Plans, Specifications and Estimate Development
Consultant will incorporate review comments into the PS&E identified in Section 1100.1.
1100.4
95 % PS&E Submittal
Consultant will perform one quality control review by a senior level staff prior to the 95% submittal.
Prime will create and deliver submittal documents.
Prime will compile review comments and distribute to the team. Consultant will provide initial responses
prior to the Comment Resolution Meeting.
1100.5
100 % Plans, Specifications and Estimate Development
Consultant will incorporate review comments into the PS&E identified in Section 1100.1.
1100.6
100 % PS&E Submittal
Consultant will perform one quality control review by a senior level staff prior to the 100% submittal.
Prime will create and deliver submittal documents.
Prime will compile review comments and distribute to the team. Consultant will provide initial responses
prior to the Comment Resolution Meeting.
1100.7
Sealed Plans, Specifications and Estimate Development
Consultant will incorporate review comments into the PS&E identified in Section 1100.1.
1100.10
Sealed PS&E Submittal
Consultant will provide sealed plans, specifications and estimates listed in Section 1100.1.
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 12 of 13
1100.11
Project Submittals
Table 4 depicts the submittals to be provided by the Consultant for each deliverable during each stage of
the project. The Consultant shall transmit files electronically to the Prime at each submittal stage. Prime
will produce hard copy as needed.
Table 4 – Project Submittals Table
Legend:
H# - Number of Hard Copies Requested
E - Indicates Electronic Submittal is
Requested
Ben Markert, P.E.
(Project Manager)
Brent Scott
(Utility Company Representative)
ADOT, Cities of Glendale, El Mirage
& Peoria
(Stakeholder)
Total Number of Hard Copies
Submittal Document
Bridge Selection Report
E, H3
E
3
60% PS&E
Plans
E, H1
E, H1
E
2
Specifications
E, H1
E
1
Estimate
E, H1
E
1
MicroStation and Open Roads CADD files
95% PS&E
Plans
E, H1
E, H1
E
2
Specifications
E, H1
E
1
Estimate
E, H1
E
1
MicroStation and Open Roads CADD files
100% PS&E
MicroStation and Open Roads CADD files
Plans
E, H1
E, H1
E
2
Specifications
E, H1
E
1
Estimate
E, H1
E
1
Microstation and Open Roads CADD files
Sealed PS&E
Plans
E, H1
E, H1
E
2
Specifications
E, H1
E
1
Estimate
E, H1
E
1
MicroStation and Open Roads CADD files
Scope of Services
Project Specific
Project No.: TT0600
Contract No.: 2021-045
December 2021
Page 13 of 13
SECTION 1300 BIDDING PHASE
1300.6
Preparation of Addenda
Consultant will respond to questions during the bidding phase and will prepare addenda as needed. An
allowance of 18 hours has been estimated to complete this work.
SECTION 1400 CONSTRUCTION PHASE
1400.1
Pre-Construction Conference
Consultant will attend the Pre-Construction Conference to help bring the contractor on board as the
project enters the construction phase. The Consultant will have two (2) representatives in attendance.
The meeting is anticipated to last 2 hours.
1400.2
Requests for Information (RFIs), Submittals and Construction Coordination
Consultant will assist MCDOT with post design services. Requests for Information (RFIs), Shop
Drawing and Submittal Reviews from the contractor. Consultant will also assist with general coordination
activities during construction as necessary based on information received from MCDOT, Contractor or
Construction Manager. No hours are anticipated for record drawings at this time, this effort is considered
included in the Construction Manager’s scope of work.
Consultant has allocated hours for Section 1300 and Section 1400 Tasks for establishment of an initial
budget. Exact hours for Consultant and Subconsultants will be determined as the Construction Phase of
the project draws nearer, however the total cost for Section 1300 and Section 1400 Tasks is not
anticipated to exceed the amount included as part of this proposal.
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm T.Y. Lin International
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Senior Project Manager
10
95.88
$
911
$
Project Manager
486
73.01
$
35,446
$
Senior Project Engineer
372
61.09
$
22,695
$
Project Engineer
939
44.94
$
42,199
$
Design Engineer
919
40.35
$
37,082
$
Technician
1,445
31.67
$
45,763
$
Clerical
40
19.23
$
769
$
4,210
Hours
Estimated Labor Cost
184,865
$
Overhead 148.447%
274,427
$
Subtotal
459,292
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
941
$
Plotting
33
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
974
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
45,929.15
TOTAL ESTIMATED FEE
506,195
$
CONTRACT TIME
1,888 Calendar Days
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
12/7/2021
DERIVATION OF COST PROPOSAL SUMMARY (Design A + Construction B)
12/7/2021
Page 1 of 7
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm T.Y. Lin International
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Senior Project Manager
10
95.88
$
911
$
Project Manager
422
73.01
$
30,774
$
Senior Project Engineer
368
61.09
$
22,451
$
Project Engineer
779
44.94
$
35,008
$
Design Engineer
919
40.35
$
37,082
$
Technician
1,325
31.67
$
41,963
$
Clerical
40
19.23
$
769
$
3,862
Hours
Estimated Labor Cost
168,958
$
Overhead 148.447%
250,813
$
Subtotal
419,771
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
941
$
Plotting
33
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
974
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
41,977.11
TOTAL ESTIMATED FEE
462,722
$
CONTRACT TIME
1,888 Calendar Days
(Figures Rounded To The Nearest $1)
11/11/2021
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY (Design Phase - A)
12/72021
Page 2 of 7
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm T.Y. Lin International
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Senior Project Manager
-
95.88
$
-
$
Project Manager
64
73.01
$
4,673
$
Senior Project Engineer
4
61.09
$
244
$
Project Engineer
160
44.94
$
7,190
$
Design Engineer
-
40.35
$
-
$
Technician
120
31.67
$
3,800
$
Clerical
-
19.23
$
-
$
348
Hours
Estimated Labor Cost
15,907
$
Overhead 148.447%
23,613
$
Subtotal
39,520
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
-
$
Plotting
-
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
-
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
3,952.05
TOTAL ESTIMATED FEE
43,473
$
CONTRACT TIME
1,888 Calendar Days
(Figures Rounded To The Nearest $1)
11/11/2021
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY (Construction Phase - B)
12/7/2021
Page 3 of 7
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm T.Y. Lin International
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Senior
Project
Manager
Project
Manager
Senior Project
Engineer
Project
Engineer
Design
Engineer
Technician
Clerical
Total
TASK
ESTIMATED STAFF HOURS - FINAL DESIGN
TASK 100 - PROJECT MANAGEMENT
100.1 - Project Work Plan
4
4.0
100.3 - Kick-Off Meeting
1.5
1.5
1.5
4.5
100.6 - Project Progress Meetings
60
40
100.0
100.8 - Field Walk with Project Team
4
4
4
12.0
100.12 - Project Administration
40
40
40
120.0
TASK 400 - PROJECT COORDINATION
400.6 - 60% Public Project Update Activity and Feedback
4
4
8.0
400.8 - Project Specific Partnering Special Provisions
4
10
8
22.0
400.11 - Project Coordination
30
30
60.0
TASK 500 - UTILITIES AND RAILROAD
500.1 - Verification of Existing Utility Base Map
2
10
18
32
62.0
500.2 - Utility and Railroad Conflict Identification
4
22
30
56.0
500.3 - Utility Prior Rights
2
4
4
10.0
500.4 - Utility Company Review of Recommended Alternative
4
4
10
18.0
500.5 - Pothole Data on Plans, Profiles and Cross-Sections
2
8
20
30.0
500.10 - Proposed Utility Data on Plans, Profile and Cross-Sections
2
8
20
30.0
500.11 - Utility Relocation Plans (Coordination with MCDOT)
6
12
14
32.0
500.13 - Utility Special Provisions
4
12
16.0
500.14 - Utility Relocation Cost Estimates
4
8
14
26.0
500.15 - Utility and Railroad Agreements
2
8
10.0
500.16 - Utility Clearance Letter
2
8
10.0
500.17 - Utility Coordination Meetings
60
40
100.0
500.18 - General Utility Coordination
40
60
24
124.0
TASK 1100 - Plans, Specifications and Estimate
1100.1 - 60% Plans Specifications and Estimate Development
1100.1.1 - Typical Section Design and Plan Development
1
12
2
4
6
12.0
1100.1.2 - Roadway Design and Plan Development
ADOT Standard Strucure Drawing 1D Sheet
1
4
1
3
4.0
Roadway Geometry Plans
100
1
12
1
2
3
6
12.0
Paving Plans (1 N. Pkwy sheet, 2 multi-use trail sheets)
20
3
12
2
6
8
20
36.0
Paving Profile Plans (1 N. Pkwy sheet, 2 multi-use trail sheets)
20
3
12
2
6
8
20
36.0
Multi-Use Trail Cross Sections at 50' intervals (3 sections per sheet)
20
4
10
2
8
10
20
40.0
QA/QC
2
2
4
6
14.0
1100.1.3 - Driveway Detail Design and Plan Development
20
2
12
2
10
12
24.0
1100.1.5 - Detail Sheets Design and Plan Development
Median Staking Detail
20
3
12
2
8
6
20
36.0
ADA Sidewalk Ramp Details (4 ramps per sheet, 4 ramps @ bridge, 2 @ ne of bridge driveway)
20
2
10
2
2
2
14
20.0
Miscellaneous Details (Multi-use trail Detail, Barrier Details, etc.)
20
2
10
2
4
14
20.0
1100.1.7 - Structures Design and Plan Development
New River Bridge Drawings
General Plan and Index
20
1
41
1
2
6
8
24
41.0
Location Plan and Elevation
20
1
45
1
2
6
8
28
45.0
Typical Section
10
1
31
1
2
4
8
16
31.0
General Notes and Quantities
NA
1
31
1
2
4
8
16
31.0
Removal Details 1
NA
1
39
1
2
4
8
24
39.0
Removal Details 2
NA
1
39
1
2
4
8
24
39.0
12/7/2021
Page 4 of 7
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm T.Y. Lin International
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Senior
Project
Manager
Project
Manager
Senior Project
Engineer
Project
Engineer
Design
Engineer
Technician
Clerical
Total
TASK
ESTIMATED STAFF HOURS - FINAL DESIGN
Foundation Plan
10
1
35
1
2
4
8
20
35.0
Drilled Shaft Details
Varies
1
39
1
2
4
8
24
39.0
Abutment 1 Plan & Elevation
Varies
1
39
1
2
4
8
24
39.0
Abutment 2 Plan & Elevation
Varies
1
41
1
2
6
8
24
41.0
Abutment Details 1
Varies
1
41
1
2
6
8
24
41.0
Abutment Details 2
Varies
1
41
1
2
6
8
24
41.0
Wing Wall and Retaining Wall Details
Varies
1
41
1
2
6
8
24
41.0
Pier 1 Plan and Elevation
Varies
1
41
1
2
6
8
24
41.0
Pier 2 Plan and Elevation
Varies
1
41
1
2
6
8
24
41.0
Pier Details
Varies
1
41
1
2
6
8
24
41.0
Girder 1 Details
Varies
1
33
1
2
6
8
16
33.0
Girder 2 Details
Varies
1
33
1
2
6
8
16
33.0
Girder 3 Details
Varies
1
33
1
2
6
8
16
33.0
Deck Plan
10
1
41
1
2
6
8
24
41.0
Framing Plan
10
1
41
1
2
6
8
24
41.0
Deck Details 1
Varies
1
41
1
2
6
8
24
41.0
Deck Details 2
Varies
1
41
1
2
6
8
24
41.0
Abutment Diaphragm Details
Varies
1
47
1
2
6
8
30
47.0
Pier Diaphram Details 1 ( fixed)
Varies
1
47
1
2
6
8
30
47.0
Miscellaneous Details 1 ( Exp Jts, Restrainers)
Varies
1
41
1
2
6
8
24
41.0
Miscellaneous Details 2 ( Median Barrier and Ext Sidewalk Detail)
Varies
1
45
1
2
6
12
24
45.0
Camber Details
Varies
1
41
1
2
6
8
24
41.0
Screed Elevation Details
Varies
1
29
1
2
6
8
12
29.0
Screed Elevation
NA
1
29
1
2
6
8
12
29.0
Utility Opening Details and Hanger Details at Abts and Piers
Varies
1
41
1
2
6
8
24
41.0
Structureal Details for Aesthetic 1
Varies
1
41
1
2
6
8
24
41.0
Structureal Details for Aesthetic 2
Varies
1
41
1
2
6
8
24
41.0
Structureal Details for Aesthetic 3
Varies
1
41
1
2
6
8
24
41.0
Construction Sequence
NA
1
1
2
4
8
24
39.0
General Items
QA/QC
NA
8
8
16
8
40.0
Special Provisions
NA
8
16
16
40.0
Quantities/Cost Estimates
NA
4
8
24
24
60.0
Engineering Analysis, Geometry and Design Calculation
NA
8
40
100
200
348.0
Bridge Element Design for Aesthetic
NA
4
12
20
40
76.0
Coordination with City of Peoria Aesthetic (4 @ 4 hrs)
NA
16
16
32.0
Address 60%, 95% and 100% Comments
NA
6
12
36
54.0
Comment Resolution Meetings (3 @ 2 hrs )
NA
6
6
12.0
Field Review (1 @8 hrs)
NA
8
8
16.0
Coordination with Traffic and Lighting
NA
8
16
24.0
Bridge Selection Report
NA
4
8
16
16
24
68.0
1100.1.16 - Special Provisions
8
10
16
34.0
1100.1.17 - Construction Cost Estimates
2
4
6
8
8
28.0
1100.2 - 60% PS&E Submittal
2
6
8.0
1100.3 - 95% Plans Specifications and Estimate Development
10
14
20
70
70
184.0
1100.4 - 95% PS&E Submittal
2
6
8.0
1100.5 - 100% Plans Specifications and Estimate Development
8
14
20
60
60
162.0
12/7/2021
Page 5 of 7
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm T.Y. Lin International
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Senior
Project
Manager
Project
Manager
Senior Project
Engineer
Project
Engineer
Design
Engineer
Technician
Clerical
Total
TASK
ESTIMATED STAFF HOURS - FINAL DESIGN
1100.6 - 100% PS&E Submittal
2
6
8.0
1100.7 - Sealed Plans Specifications and Estimate Development
8
14
16
54
54
146.0
1100.10 - Sealed PS&E Submittal
2
6
8.0
1100.11 - Project Submittals
2
6
8.0
TASK 1300 - Bidding Phase
1300.6 - Preparation of Addenda
4
6
8
18.0
TASK 1400 - Construction Phase
1400.1 - Pre-Construction Conference
4
4
8.0
1400.2 - RFIs, Submittals and Construction Coordination
60
160
120
340.0
#
57
9.5
485.5
371.5
939
919
1445
40
4209.5
12/7/2021
Page 6 of 7
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm T.Y. Lin International
PROJECT NO. TT0600
Contract No. 2021-045
Travel
A. Local Mileage at
0.56
$
60 trips @ 28 miles round trip
1,680
miles
Subtotal Travel
941
$
Plotting
B. 11x17 Exhibits / Plans at
0.08
$
300
Assume 50 pages for plans x 6
24.00
$
C. 8.5x11 Reports / Specs at
0.04
$
200
Assume 50 pages for reports x 4
8
$
D. Plan Submittals @ 0 sheets
6
Half Size Bond Copies at
Copies
Full Size Bond Copies 12 roll plots at
2.75
$
12
Copies
Subtotal Plotting
33.00
$
Miscellaneous Expenses
C. Courier (15 budgeted at $15/delivery)
Subtotal Miscellaneous Expenses
-
$
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
TOTAL ESTIMATED OUTSIDE SERVICES
-
$
TOTAL ESTIMATED EXPENSES
974
$
ESTIMATE OF DIRECT EXPENSES
12/7/2021
Page 7 of 7
Scope of Services
Northern Parkway: Agua Fria Bridge to 99th Avenue
Project No.: TT0600
Contract No.: 2021-045
December 7, 2021
APPENDIX - H
FEE PROPOSAL: Y2K ENGINEERING, LLC
1921 S. Alma School Rd, Ste 204 \ Mesa, AZ 85210
480.696.1701
info@y2keng.com
November 15, 2021
Mr. David Lenzer, PE
Director, Arizona Transportation Scoping & Design
Burgess & Niple, Inc.
1500 N. Priest Drive, Suite 102
Tempe, AZ 85281
Subject:
Northern Parkway: Agua Fria Bridge to 99th Avenue, TT0600
ITS Design, Traffic Signal & Roadway Lighting Oversight – Scope and Fee
Dear Mr. Lenzer:
Y2K Engineering, LLC. appreciates the opportunity to submit our proposal for design services for
the Maricopa County Department of Transportation (MCDOT) managed and roadway
improvement project on Northern Parkway between 99th Avenue and the Agua Fria River. Our
fee to provide services is based on discussions with you and the scope of work enclosed.
We look forward to the successful completion of this project and working with the Burgess &
Niple team.
If you have any questions or need additional information, please contact me at (480) 696-1701.
Sincerely,
Y2K Engineering, LLC.
Yung Koprowski, PE, PTOE
Principal
Exhibit A:
Scope of Work
Exhibit B:
Derivation of Fee
cc:
PFile
Mr. David Lenzer, PE
November 15, 2021
Page 2 of 7
EXHIBIT A – SCOPE OF WORK (SOW)
Northern Parkway: Agua Fria River Bridge to 99th Avenue
Y2K Engineering, LLC. shall herein be referred to as the Designer and the Maricopa County
Department of Transportation shall herein be referred to as MCDOT.
Project Overview:
Project Location
The project is located along Northern Parkway between the Agua Fria River Bridge and 99th
Avenue. The project is within Maricopa County as well as the Cities of Glendale and Peoria.
Improvements for the approaches to Northern Parkway at 115th Avenue, 107th Avenue are also
included.
Project Background
The Northern Parkway segment between the Agua Fria River and 99th Avenue is part of the
overall 12.5-mile Northern Parkway regional west to east connector from SR 303L to US 60 (Grand
Avenue). The Northern Parkway Overall Program is a collaboration of multiple agencies including
Maricopa County, Luke Air Force Base, MAG, ADOT, FCDMC, and the Cities of Glendale, Peoria,
and El Mirage.
Project Purpose
The purpose of this project is to develop federally biddable construction contract documents
(plans, specifications, estimates and other required technical reports) in accordance with the
Federal Highway Administration standards to obtain funding and advertise the project for
construction. The scope of work presented herein is based on the information supplied by
MCDOT in the Scope of Services for the design of Northern Parkway: Agua Fria Bridge to 99th
Avenue. The Derivation of Cost is provided in Exhibit B.
1. Project Tasks
1.1. Task 1 - Design Kick-Off Meeting & Site Review
The Prime consultant will setup a kickoff meeting. The Designer will attend this meeting and
attendance will be limited to the senior project engineer.
The Designer will visit the project site and collect data to include existing lane configurations
and traffic control devices within the project area. The goal of this data collection effort is to
obtain an understanding of existing conditions, including utilities, and observe how the
proposed improvements will interact with the existing environment. Design consultant will
review relevant as-built information as provided by MCDOT and the adjacent City’s. It is
assumed that the Cities of Glendale and Peoria will provide as-built drawings of the existing
conditions within the project limits.
Mr. David Lenzer, PE
November 15, 2021
Page 3 of 7
Progress Meetings
It is assumed that there will be twelve (12) progress meetings in addition to the kickoff and
comment resolution meetings. These meetings are assumed to be split between a senior
project engineer and a project engineer.
Internal Coordination Meetings
It is assumed that there will be sixteen (16) internal coordination meetings which will be held
virtually between the design teams.
Comment Resolution
Comments provided by the City and any other design team members will be compiled after
the 60%, 95% and 100% submittals. A comment matrix will be prepared by the Prime with
responses to each written comment provided on the submittal. These comments will be
discussed during a comment resolution meeting. Three (3) comment resolution meetings are
assumed to be held at MCDOT.
Technical Overview Meetings
It is assumed that there will be four (4) technical/overview meetings which will be held
virtually between the Designer and the Prime consultant. The focus of these meetings will be
to work through detailed design parameters within the roadway lighting and traffic signal
designs.
2.1. Task 2 - Data Collection
Y2K will review relevant as-built information as provided by MCDOT and the Cities of Peoria
and Glendale.
Base Plans Preparation
The Prime consultant shall obtain topographic survey of the project area and prepare base
plans in electronic format of the project corridor including roadway geometrics, existing
roadway signing, existing pavement marking, edge of pavement, existing structures (e.g.
drainage features) and existing utilities for use by the Designers.
General survey tasks will include establishing horizontal and vertical control for the existing
alignments and preparing a topographic and right-of-way base map. The survey limits will
encompass a minimum of 500 feet in either direction from the end of the project limits.
3.1. Task 3 – Traffic Design Plans, Estimate and Special Provisions
Mr. David Lenzer, PE
November 15, 2021
Page 4 of 7
ITS Calculations
Designer will create engineering calculations in association with the ITS design plans. All
calculations will be made available to the design team and the Prime consultant of submittal
to MCDOT, if requested. This work could include pull box spacing analysis, voltage drop
calculations (CCTV cameras) or fiber optic cable product information gathering.
ITS Special Provisions/Construction Cost Estimate
Y2K Design team will prepare a construction cost estimate for the 60%, 95% and 100% plan
submittals of the ITS design construction plans. In addition, Y2K will prepare special provisions
in order to provide City of Peoria and MCDOT approved equipment for the ITS interconnect
design components.
Traffic Signal Design - Oversight & Coordination
The Y2K Design team will coordinate with other team members such as Burgess & Niple Inc,
TY-Lin International and Aztec Engineering to make sure that the traffic signal designs are
consistent and meet the needs of the City of Peoria. Y2K has specific experience with the City
including updating their standard traffic signal drawings over the past six months.
Interconnect Design
Designer will provide design plans for a new ITS system throughout the project limits to
current City of Peoria and City of Glendale standards. The proposed ITS communications
infrastructure parallel to the new Northern Parkway was developed in consultation with both
cities. Proposed improvements are considered in the MAG Northern Parkway ITS
Infrastructure Needs Assessment Study from December 2018.
The proposed improvements will provide three 3-inch conduits with 144 strand Single Mode
Fiber Optic (SMFO) cable along both the north and south sides of Northern Parkway from the
Agua Fria River Bridge to 99th Avenue carrying the FMS concept established by the MAG
Northern Parkway ITS Infrastructure Needs Assessment Study.
The City of Peoria will be provided with a quad duct (on the north side of Northern Parkway)
of four 1 ¼ inch conduits throughout the project limits with a 96-strand SMFO cable. This ITS
fiber backbone will eventually connect east to US 60 under a future project. This trunk line
will connect to each Peoria traffic signal along the route using a 12-strand SMFO branch and
will be located along the north side of Northern Avenue.
ITS meeting the requirements of the City of Glendale will be designed along the south side of
Northern Avenue. Fiber splicing diagrams will also be required at each signalized intersection
within the project limits. The following sheets are expected to be a part of the design:
• Cities of Peoria/Glendale General Notes, Details and Schedules – 4 Sheets
• Cities of Peoria/Glendale ITS Plan View Sheets – 12 Sheets
• Fiber Splice Diagrams, 4 signalized intersections – 4 Sheets
Mr. David Lenzer, PE
November 15, 2021
Page 5 of 7
Comment Resolution
Y2K Design team will prepare detailed responses to comments made on the 60%, 95% and
100% design submittals. Staff will also be made available to attend comment resolution
meetings and discuss the comment responses.
MCDOT Checklists and Quality Assurance/Quality Control (QA/QC)
The Design team will QA/QC each discipline before any submittal to the project team, MCDOT
or any of the associated municipalities. The Prime will follow the internal procedures
established by the Design firm. In addition, Y2K will complete relevant MCDOT checklists as
required in the MCDOT Project Development Manual.
Roadway Lighting Design - Oversight & Coordination
The Y2K Design team will make staff available to coordinate with other team members such
as Burgess & Niple Inc, TY-Lin International and Aztec Engineering to provide oversight and
feedback on the roadway lighting design. This collaboration is expected to help meet the
needs of the City of Peoria and City of Glendale who under an IGA will have to maintain the
roadway lighting. Y2K has specific experience designing roadway lighting on the Northern
Parkway corridor.
Project Administration
The Y2K Design team will confer with the Prime, MCDOT and the Cities on a regular basis via
teleconference to review the project progress and solicit directions. In addition, meeting minutes
will be completed and published by the Prime and will include issues identified and action items.
Post-Design Services/Construction Administration
Post Design and Construction Administration are not a part of this scope of services.
Record Drawings
Record drawings are not expected to be a part of this project contract.
Deliverables
The following items will be delivered to MCDOT and the project team:
60% Plans
• 1 electronic plan set in portable document format (PDF)
• 1 electronic copy of the Construction Cost Estimate in Microsoft (MS) Excel format
95% Plans
• 1 electronic plan set in portable document format (PDF)
• 1 electronic copy of the Construction Cost Estimate in Microsoft (MS) Excel format
Mr. David Lenzer, PE
November 15, 2021
Page 6 of 7
100% Plans
• 1 electronic plan set in portable document format (PDF)
• 1 electronic copy of the Construction Cost Estimate in Microsoft (MS) Excel format
Schedule
Prime and Design team will begin work immediately on notice to proceed from MCDOT.
Assumptions and Exceptions:
The following assumptions were used in preparing this scope of services and fee proposal:
a. Maintenance of Traffic (MOT) design is not included in this scope of work.
b. Environmental permitting is not included in this scope of work.
c. Traffic counts and traffic analysis are not included in this scope of work.
d. MCDOT and/or the City of Peoria/City of Glendale will provide existing as-builts
within the project limits.
e. Prime will coordinate and provide an electronic base plan and existing topography
of the project corridor.
f. There will be four (60%, 95%, 100% & sealed) plan submittals.
g. All plan submittals will be in electronic PDF format. No costs for printing or
shipping of submittals are included in this proposal.
h. Utility coordination will be completed by the Prime consultant or MCDOT.
i. Any permits are the responsibility of the City or MCDOT.
j. Bidding and negotiations meetings and evaluation of subcontractor proposals
are not in this scope of services.
k. No utility depth measurements are included in this proposal.
l. No traffic control is included with the survey work.
m. Any items not specifically included within the scope of this proposal are
excluded. If additional items are added to the contract, they will be performed in
accordance with Y2K’s standard rates.
n. Post design and construction administration services are not included in this
scope of services.
Payments:
Designer shall invoice the Prime monthly based on the derivation of fee schedule provided in
Exhibit B.
Mr. David Lenzer, PE
November 15, 2021
Page 7 of 7
EXHIBIT B – DERIVATION OF COST PROPOSAL SUMMARY
Northern Parkway: Agua Fria River to 99th Avenue
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Y2K Engineering LLC
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Project Principal
-
-
$
Design Manager
-
-
$
Senior Project Engineer
160
68.25
$
10,920
$
Project Engineer
191
48.00
$
9,168
$
Senior Designer
295
39.60
$
11,682
$
Technician
-
-
$
Administrative
12
35.00
$
420
$
Clerical
-
-
$
658
Hours
Estimated Labor Cost
32,190
$
Overhead %
179.70%
57,845
$
Subtotal
90,035
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
$
Plotting
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
-
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
-
$
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
9,003.54
TOTAL ESTIMATED FEE
99,039
$
CONTRACT TIME
Calendar Days
1888
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY
3/26/2013
Page 1 of 3
9/16/2021
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Y2K Engineering LLC
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Project Principal
-
-
$
Design Manager
-
-
$
Senior Project Engineer
136
68.25
$
9,282
$
Project Engineer
155
48.00
$
7,440
$
Senior Designer
247
39.60
$
9,781
$
Technician
-
-
$
Administrative
12
35.00
$
420
$
Clerical
-
-
$
550
Hours
Estimated Labor Cost
26,923
$
Overhead %
179.70%
48,381
$
Subtotal
75,304
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
$
Plotting
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
-
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
-
$
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
7,530.36
TOTAL ESTIMATED FEE
82,834
$
CONTRACT TIME
Calendar Days
1888
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY
3/26/2013
Page 1 of 3
11/15/2021
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Y2K Engineering LLC
PROJECT NO. TT0600
Contract No. 2021-045
ESTIMATED DIRECT LABOR
PERSON
BILLING
CLASSIFICATION
HOURS
RATE/HOUR
TOTAL
Project Principal
-
-
$
Design Manager
-
-
$
Senior Project Engineer
24
68.25
$
1,638
$
Project Engineer
36
48.00
$
1,728
$
Senior Designer
48
39.60
$
1,901
$
Technician
-
-
$
Administrative
-
35.00
$
-
$
Clerical
-
-
$
108
Hours
Estimated Labor Cost
5,267
$
Overhead %
179.70%
9,465
$
Subtotal
14,732
$
ESTIMATED DIRECT EXPENSES
(Listed By Item At Estimated Actual Cost - NO MARKUP)
Travel
$
Plotting
$
Miscellaneous Expenses
-
$
Total Estimated Expenses
-
$
ESTIMATED OUTSIDE SERVICES AND CONSULTANTS
Firm
Cost
-
$
-
$
Total Estimated Outside Services
-
$
PROFIT (Direct Labor +Overhead)
10%
1,473.18
TOTAL ESTIMATED FEE
16,205
$
CONTRACT TIME
Calendar Days
1888
(Figures Rounded To The Nearest $1)
Consultant Firm Signature
Date
DERIVATION OF COST PROPOSAL SUMMARY
3/26/2013
Page 1 of 3
11/15/2021
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Y2K Engineering LLC
PROJECT NO. TT0600
Contract No. 2021-045
Scale
No
Shts
Hours/
Sheet
Senior
Project
Engineer
Project
Engineer
Senior
Designer
Technician Administra
tive
Clerical
Total
TASK
ESTIMATED STAFF HOURS - PHASE
Meetings
Project Kickoff Meeting (1)
2
2.0
Progress Meeting (12)
12
12.0
Internal Coordination Meeting (16)
16
16.0
Comment Resolution Meeting (3)
6
6.0
Technical Overview Meetings - Signals/Lighting (4)
4
4.0
ITS Calculations
Calculations for ITS
4
5
11
20.0
ITS Special Provisions
Special Provisions for ITS
4
16
20.0
ITS Cost Estimate
Cost Estimates for ITS
2
6
16
24.0
Traffic Signal Design
Traffic Signal Design Oversight, Coordination & Review (4 Signals)
4
6
10.0
ITS Design
ITS Design
Peoria/Glendale General Notes, Details, Schedules
4
22
28
16
44
88.0
Peoria/Glendale Plan View ITS Sheets
12
23
70
60
146
276.0
Fiber Splice Diagrams
4
13
20
12
18
50.0
Roadway Lighting Design
Roadway Lighting Design Oversight, Coordination & Review
4
6
10.0
Monthly Project Administration
12
12.0
Post Design Services
Post Design Services - RFI's
12
18
24
Post Design Services - Shop Drawing Review
12
18
24
#
20
33
160
191
295
12
658.0
Page 2 of 3
Northern Parkway: Agua Fria Bridge to 99th Ave
Engineering Firm: Y2K Engineering LLC
PROJECT NO. TT0600
Contract No. 2021-045
Travel
A. Local Mileage at
$
-
miles
Subtotal Travel
-
$
Plotting
B. Exhibits at
exhibits
C. Plots at
plots
-
$
D. Plan Submittals
Half Size Bond Copies at
Copies
Full Size Bond Copies at
Copies
Subtotal Plotting
-
$
Miscellaneous Expenses
C. Other
-
$
Subtotal Miscellaneous Expenses
-
$
ESTIMATED OUTSIDE SERVICES & CONSULTANTS
-
$
-
$
TOTAL ESTIMATED OUTSIDE SERVICES
-
$
TOTAL ESTIMATED EXPENSES
-
$
ESTIMATE OF DIRECT EXPENSES
3/26/2013
Page 3 of 3