CONTRACT RE ADOBE DAM-DESERT HILLS-APACHE WASH ADMS-P.PDF
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CONTRACT FCD 2020C005
ADOBE DAM/DESERT HILLS/APACHE WASH ADMS/P
ON-CALL
Contract 2020C005
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CONTRACT FCD 2020C005
ADOBE DAM/DESERT HILLS/APACHE WASH ADMS/P ON-CALL
TABLE OF CONTENTS
SECTION I – SERVICES OF THE CONSULTANT……………………………………….….. 3
SECTION II – WORK ASSIGNMENTS AND PERIOD OF SERVICES……………………. 3
SECTION III – PAYMENTS TO THE CONSULTANT…………………………………….…. 4
SECTION IV – THE DISTRICT’S RESPONSIBILITIES……………………………………… 5
SECTION V – ALTERATIONS IN THE SCOPE OF WORK ………………………………… 6
SECTION VI – RECORDS………………………………………………………………………. 7
SECTION VII – CONTRACT/WORK ASSIGNMENT COMPLETION……………………… 7
SECTION VIII – TERMINATION………………………………………………………………... 7
SECTION IX – OWNERSHIP OF DOCUMENTS…………………………………………….. 8
SECTION X – COMPLIANCE WITH LAWS…………………………………………………... 9
SECTION XI – GENERAL CONSIDERATION……………………………………………….. 10
SECTION XII – SUCCESSORS AND ASSIGNS……………………………………………... 12
SECTION XIII – NO KICK-BACK CERTIFICATION …………………………………………. 12
SECTION XIV – INFLUENCE…………………………………………………………………... 13
SECTION XV – CERTIFICATION REGARDING DEBARMENT AND SUSPENSION…… 13
SECTION XVI – CERTIFICATION REGARDING LOBBYING……………………………....14
SECTION XVII – ANTI-DISCRIMINATION PROVISION…………………………………… 15
SECTION XVIII – SMALL BUSINESS ENTERPRISE (SBE) PROGRAM…………...……. 15
SECTION XIX – INDEMNIFICATION…………………………………………………..…….. 15
SECTION XX – INSURANCE REQUIREMENTS……………………..……………………... 17
SIGNATURE PAGE……………………………………………………………………………… 20
ATTACHMENTS AND EXHIBITS……..……………………………………………………….. 21
Attachment 1 – Certificate of Performance & Payments of Claims
Attachment 2 – Certificate of Insurance
Attachment 3 – Maricopa County SBE Reporting Form
Exhibit A – General Scope of Work
Exhibit B – Fee Schedules
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CONTRACT FCD 2020C005
ADOBE DAM/DESERT HILLS/APACHE WASH ADMS/P ON-CALL
Pursuant to the provisions of the Arizona Revised Statutes (A.R.S.) § 48-3603, the Board of
Directors of the Flood Control District of Maricopa County has the authority to enter into
contracts.
The Flood Control District of Maricopa County, Arizona, hereinafter the “District”, is desirous of
having On-Call Services for Metro Drainage Master Study/Plan Update performed for those
services more fully described in Exhibit A, General Scope of Work, and Exhibit B, Fee
Schedule, attached; Kimley-Horn and Associates, Inc., hereinafter called “Consultant”, with its
principal offices located at 7740 N. 16th Street, Ste. 300, Phoenix, Arizona 85020 is desirous
of performing said services.
THEREFORE, the parties hereto mutually agree as follows:
The District’s authorized representative shall be the Project Manager or his/her duly authorized
representative, hereinafter the “Agent”.
SECTION I—SERVICES OF THE CONSULTANT
The Consultant, under the general supervision of the Agent, shall perform Drainage Master
Study/Plan Services as necessary for the ADOBE DAM/DESERT HILLS/APACHE WASH
ADMS/P ON-CALL contract according to the directions and designated standards of the
District, in accordance with Exhibit A, General Scope of Work and Exhibit B, Fee Schedule, and
only as authorized and directed through Contract Work Assignments.
The Consultant shall meet periodically with the Agent so as to keep the District informed of the
progress of the work in accordance with each Work Assignment.
SECTION II— WORK ASSIGNMENTS AND PERIOD OF SERVICE
Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work will
be developed for each Work Assignment and incorporated herein by reference.
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The amount of work requested during the life of the contract is unknown; the least amount being
zero and the maximum amount being limited to the "not-to-exceed" amount of the contract.
A Not to Exceed fee will be negotiated for each Work Assignment consistent with Exhibit B, Fee
Schedule.
The Consultant shall complete all work in accordance with the provisions of Exhibit A, General
Scope of Work and the detailed Scope of Work as negotiated for each specific Work
Assignment. Performance of a Work Assignment shall commence only upon receipt of the
Agent’s written Notice to Proceed; any work or materials furnished by the Consultant without
such written authorization first being given shall be at Consultant’s own risk, cost, and expense,
and Consultant hereby agrees to make no claim for compensation for such work or materials
furnished.
Work Assignments under this Contract may include “Optional Tasks”, which will be explicitly
identified as such in the Work Assignment Detailed Scope of Work. The Consultant must obtain
the Agent’s written authorization prior to initiating any Optional Task.
All work initiated under this Contract must be completed on or before the expiration date of the
Contract, and on or before the expiration date of the subject Work Assignment. The DISTRICT
shall have the authority to extend the term of this Contract for such period of time as deemed
necessary for the Project.
This Contract shall be effective for seven hundred thirty (730) calendar days from the date of its
execution with the option to renew at the Districts discretion or until the Contract amount of eight
hundred thousand dollars and zero cents ($800,000.00) is expended, whichever occurs first.
SECTION III—PAYMENTS TO THE CONSULTANT
The Consultant shall be paid a fee not-to-exceed eight hundred thousand dollars and zero cents
($800, 000.00) for work under this Contract in accordance with the General Scope of Work.
The District shall make final payment to the Consultant for each Work Assignment upon
satisfactory completion and acceptance by the District, provided the Consultant returns the
executed Work Assignment Certificate of Performance furnished by the Agent. Should an
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assignment require more than thirty (30) days to complete, the Consultant may invoice progress
payments based on District approved monthly progress reports and subject to the limitations set
forth in the Detailed Scope of Work negotiated for the Work Assignment.
Not-to-exceed Work Assignments will be paid on the basis of actual hours worked and actual
costs incurred, per schedules attached under the Work Assignment. The negotiated hourly rate
shall be paid for all labor performed on the Contract that meets the labor classification specified
in the Contract. Should an employee perform work associated with a labor classification above
or below that of the employee’s actual classification, whichever rate is lower will be used for
payment. Should a labor classification’s rate represented on a Work Assignment schedule differ
from that rate represented on the Contract Exhibit B Fee Schedule, the lowest rate will apply.
With each request for payment, the Consultant shall complete and provide the “Maricopa
County Small Business Enterprise Program Participation Reporting Form” which is included with
this Contract document.
A Certificate of Performance will be provided with each Work Assignment. Upon Completion of
each Work Assignment, the Consultant will furnish to the District that Certificate of Performance,
fully executed. Upon completion of all Work Assignments under this Contract, the Consultant
will furnish to the District an executed Contract Certificate of Performance (Attachment 1).
SECTION IV—THE DISTRICT’S RESPONSIBILITIES
The District shall furnish the Consultant, at no cost to the Consultant, the following information
or services for each Work Assignment:
A. One copy of on-hand maps, records, survey ties, benchmarks, or other data pertinent to the
Work Assignment. This does not, however, relieve the Consultant of the responsibility of
searching records for additional information, for requesting specific information, or for
verification of that information provided. The District does not warrant the accuracy or
comprehensiveness of any such information.
B. All available information and data relative to policies, standards, criteria, studies, etc.
impacting the Work Assignment as identified by the Consultant.
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C. Available staff for consultation with the Consultant during the performance of studies and
plan development in order to identify the problems, needs, and other functional aspects of
the Work Assignment.
D. Prompt examination of documents submitted by the Consultant and rendering of decisions
pertaining thereto in order to avoid unreasonable delay in the progress of the work by the
Consultant. The District will keep the Consultant advised concerning the progress of the
District’s review of work.
SECTION V—ALTERATION IN SCOPE OF WORK
This Contract and Work Assignments issued under this Contract may be amended by mutual
written agreement of the District and the Consultant.
Any alteration in the General Scope of Work that will result in a substantial change in the nature
of the Contract so as to materially increase or decrease the Contract fee will require negotiation
of an amendment to the Contract to be executed by the District and the Consultant; no work
shall commence on the change until the Contract amendment has been approved by the District
and the Consultant has been notified to proceed by the Agent. Any alteration in a Work
Assignment Detailed Scope of Work that will result in a substantial change in the nature of the
Work Assignment so as to materially increase or decrease the Work Assignment fee will require
negotiation of an amendment to the Work Assignment to be executed by the District; no work
shall commence on the change until the Work Assignment amendment has been approved by
the District and the Consultant has been notified to proceed by the Agent. Redistributions of
resources, between negotiated Work Assignment tasks, that do not materially impact the total
Work Assignment fee shall require the Agent’s authorization.
It is distinctly understood and agreed that no claim for extra work done or materials furnished by
the Consultant will be allowed by the District except as provided herein, nor shall the Consultant
do any work or furnish any materials not covered by this agreement unless such work is first
authorized in writing by the District and in accordance with the Maricopa County Procurement
Code. Any such work or materials furnished by the Consultant without such written authorization
first being given shall be at Consultant’s own risk, cost, and expense, and Consultant hereby
agrees to make no claim for compensation for such work or materials furnished.
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SECTION VI—RECORDS
Records of the Consultant’s expenses pertaining to this Contract and records of accounts
between the District and the Consultant shall be kept by the Consultant on a generally
recognized accounting basis for six (6) years following final payment and shall be available
upon request to the District or its authorized representative for audit during normal business
hours. In the event that the Consultant’s records do not support a charge incurred by the
District, the Consultant shall reimburse the District for the unsupported charge or provide
supporting documentation within thirty (30) days of notification.
SECTION VII—CONTRACT/WORK ASSIGNMENT COMPLETION
If, during the course of this Contract and/or a Contract Work Assignment, situations arise which
prevent completion within the allotted time for the Contract/Work Assignment, the Agent may
grant an extension. Any work or materials furnished by the Consultant outside the allotted
Contract/Work Assignment completion time (as extended, if applicable) shall be at the
Consultant’s own risk, cost, and expense, and Consultant hereby agrees to make no claim for
compensation for such work or materials furnished.
SECTION VIII—TERMINATION
The District may terminate this Contract at any time upon reimbursement to the Consultant of
expenses that include reasonable charges for time and material for the percentage of work
satisfactorily completed and turned over to the District.
The District reserves the right to postpone, terminate, or abandon this Contract for the
Consultant’s failure to complete any Work Assignment on time, or failure to comply with the
provisions of the Contract. The District also reserves the right to terminate any or all parts of this
Contract for its own convenience as the District may determine at its sole discretion.
The District hereby gives notice that pursuant to A.R.S. § 38-511 “A” this Contract may be
canceled without penalty or further obligation within three (3) years after execution if any person
significantly involved in initiating, negotiating, securing, drafting, or creating a contract on behalf
of the District is, at any time while the contract or any extension of the contract is in effect, an
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employee or agent of any other party to the contract in any capacity or a consultant to any other
party of the contract with respect to the subject matter of the contract. Cancellation under this
section shall be effective when written notice from the District Director is received by all of the
parties of the contract. In addition, the District may recoup any fee or commission paid or due to
any person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the District from any other party to the contract arising as a result of the
contract.
The Consultant may terminate this Contract in the event of nonpayment of fees as specified in
Section III, Payments to the Consultant.
SECTION IX—OWNERSHIP OF DOCUMENTS
A. All original documents including, but not limited to studies, reports, tracings, drawings,
physical and computer models, estimates, field notes, investigations, design analysis,
calculations, computer software, and specifications, prepared in the performance of this
Contract are to be and remain the property of the District and are to be delivered to the
Agent before final payment is made to the Consultant. The District will not reuse, alter or
modify these documents without noting such modifications, alterations, or intent of their
reuse, and will hold the Consultant harmless from any claims arising from such reuse,
modifications, or alterations of the documents. The Consultant may retain reproducible
copies of all such documents delivered to the District.
B. If the Consultant retains reproducible copies of all such documents delivered to the District,
the Consultant may not use those documents in regard to current or future claims or
litigation against the District brought by another party or parties unless the documents are
independently produced in accordance with a court order or procedural rules and notice of
such production is given to the District immediately and prior to their production.
C. Copies retained by the Consultant, sub-consultant(s), or any related entities are governed
by Arizona Law regarding the use of public records and may not be used for commercial
purpose without additional written permission from the District and the payment of all
applicable fees.
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D. The District reserves the right to reuse, reproduce and distribute the documents as it sees
fit.
SECTION X—COMPLIANCE WITH LAWS
A. The Consultant is required to comply with all Federal, State, and local laws, local ordinances
and regulations. The Consultant’s signature on this Contract certifies compliance with the
provisions of the I-9 requirements of the Immigration Reform and Control Act of 1986 for all
personnel that the Consultant and any sub-consultants employ to complete any Work
Assignment. It is understood that the District shall conduct itself in accordance with the
provisions of the Maricopa County Procurement Code.
The Consultant warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
(1) That the Consultant and its sub-consultants, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214, subsection A; After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility of the
employee through the e-verify program and shall keep a record of the verification for the
duration of the employee's employment or at least three years, whichever is longer.
(2) That a breach of a warranty under Subsection (1) above, shall be deemed a material
breach of the Contract that is subject to penalties up to and including termination of the
Contracts;
(3) That the contracting government entity retains the legal right to inspect the papers of any
Consultant or sub-consultant employee who works on the Contract to ensure that the
Consultant or sub-consultant is complying with the warranty provided under Subsection
(1) above and that the Consultant agrees to make all papers and employment records of
said employee(s) available during normal working hours in order to facilitate such an
inspection.
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(4) That nothing herein shall make any consultant or sub-consultant an agent or employee
of the contracting government entity.
(5) The District may request verification of compliance for any Consultant or sub-consultant
performing work under the Contract. Should the District suspect or find that the
Consultant or any of its subcontractors are not in compliance, the District may pursue
any and all remedies allowed by law, including, but not limited to: suspension of work,
termination of the Contract for default, and suspension and/or debarment of the
Consultant. All costs necessary to verify compliance are the responsibility of the
Consultant.
(6) STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is
given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting or creating the
contract on behalf of the County is at any time while the Contract or any extension of the
Contract is in effect, an employee or agent of any other party to the Contract in any
capacity or consultant to any other party of the Contract with respect to the subject
matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup
any fee or commission paid or due to any person significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the County from any
other party to the contract arising as the result of the Contract.
SECTION XI—GENERAL CONSIDERATIONS
A. The Consultant shall furnish to the District for approval, the names of its key employees, and
of its sub-consultants and their key employees, to be used on the Work Assignment prior to
beginning the work under this Contract. Any subsequent changes are subject to the written
approval of the District.
B. The Consultant shall perform, with its own firm, work amounting to fifty percent (50%) or
more of the total amount of the Contract value. Any deviation may be approved, in writing, at
the discretion of the Agent.
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C. The failure of either party to enforce any of the provisions of this Contract or to require
performance of the other party of any of the provisions hereof shall not be construed to be a
waiver of such provisions, nor shall it affect the validity of this Contract or any part thereof, or
the right of either party to thereafter enforce each and every provision.
D. The Consultant shall be responsible for the cost of any additional design, field layout,
testing, construction and supervision necessary to correct those errors or omissions
attributable to the Consultant, and for any damage incurred by the District as a result of
additional construction costs caused by such Consultant errors or omissions.
E. The fact that the District has accepted or approved the Consultant’s work shall in no way
relieve the Consultant’s responsibility.
F. It is mutually understood and agreed that this Contract shall be governed by the laws of the
State of Arizona, both as to interpretation and performance. Any action at law, suit in equity,
or judicial proceeding for the enforcement of this Contract, or any provision thereof, shall be
instituted only in the courts of the State of Arizona.
G. When this Contract requires the Consultant to study specific geographic areas of Maricopa
County (including, but not limited to, floodplain delineations, watercourse master plans, area
drainage master studies, or any other site specific assignment), the Consultant agrees
during the term of this Contract and any extensions thereof that Consultant will not perform
similar services for any clients other than the District within that specific geographic area
without the written authorization and approval of the Director of the District.
H. The Consultant shall incorporate stormwater quality best management practices (BMPs) in
the design of the project and comply with the Maricopa County Stormwater Quality
Management and Discharge Control Regulation, the Maricopa County Drainage Policies
and Standards, and the Maricopa County Drainage Regulations, using guidance from the
Maricopa County Drainage Design Manual, Vol. III, Erosion Control.
I. The Consultant agrees that it, its principals, employees, sub-consultants, agents and
assigns, shall not accept employment as consultants, expert witnesses or otherwise in any
pending or contemplated litigation against the District during the term of this Contract and
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any extensions thereof without the written authorization and approval of the Director of the
District.
J. The Consultant agrees that it, its principals, employees, sub-consultants, agents and
assigns, shall not accept employment as consultants, expert witnesses or otherwise in any
future litigation against the District in regard to the subject matter of this Contract without the
written authorization and approval of the Director of the District.
K. It is understood that the District shall have the right to seek and obtain in any court of
competent jurisdiction an injunction to restrain a violation or alleged violation by the
Consultant, its principals, employees, sub-consultants, agents or assigns, of the provisions
of G., I., and J. of this section or of the provisions of B. of Section IX, and the right of action
for full damages at law, in addition to any other remedies provided by this Contract. In no
case shall a waiver by the District of the right to seek relief under this provision constitute a
waiver of any other or further violation.
SECTION XII—SUCCESSORS AND ASSIGNS
This Contract shall not be assigned by either party without prior written approval of the other
except that the Consultant may use in the performance of this Contract without prior approval of
the District, personnel or services of its related entities and affiliated companies as if they were
an integral part of the Consultant; and it shall extend to and be binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
SECTION XIII—NO KICK-BACK CERTIFICATION
The Consultant warrants that no person has been employed or retained to solicit or secure this
Contract upon any agreement or understanding for a commission, percentage, brokerage, or
contingent fee; and that no member of the District’s Board of Directors or any employee of the
District has any interest, financially or otherwise, in the Consultant’s firm.
For breach or violation of this warranty, the District shall have the right to annul this Contract
without liability or at its discretion to deduct from the Contract price or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
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SECTION XIV—INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence
an employee or agent to breach the Maricopa County Ethical Code of Conduct or breach any
ethical conduct, may be grounds for Debarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
1. A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or
educational passes or tickets, or any type valuable contribution or subsidy;
2. That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of the District or Maricopa County, the
Maricopa County Chief Procurement Officer, or his designee, reserves the right to seek any
remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the
law, or any remedy provided by this Contract.
SECTION XV—CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the Consultant) certifies to the best of his or her
knowledge and belief, that the Consultant, defined as the primary participant in accordance with
45 CFR Part 76, and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agency;
2. Have not within 3-year period preceding this Contract been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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3. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph
(2) of this certification; and
4. Have not within a 3-year period preceding this Contract had one or more public transaction
(Federal, State or local) terminated for cause of default.
Should the Consultant not be able to provide this certification, an explanation as to why should
be attached to the Contact.
The Consultant agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this Contract.
5. Written Certification Pursuant to A.R.S. § 35-393.01: If vendor engages in for-profit activity
And has 10 or more employees, and if this Agreement has a value of $100,000 or more,
VENDOR certifies it is not currently engaged in, and agrees for the duration of this
Agreement to not engage in, a boycott of goods or services from Israel. This certification does
not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50
U.S.C. § 4842.
SECTION XVI—CERTIFICATION REGARDING LOBBYING
The undersigned (authorized official signing for the Consultant) certifies, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an office or employee
of an agency, a Member of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperation agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying
Activities,” in accordance with it instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, suggrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
SECTION XVII—ANTI-DISCRIMINATION PROVISION
The Consultant agrees not to discriminate against any employee or applicant for employment
because of race, religion, gender, age, disability, or national origin, and further agrees not to
engage in any unlawful employment practices. The Consultant further agrees to insert the
foregoing provisions in all subcontracts hereunder.
SECTION XVIII – SMALL BUSINESS ENTERPRISE (SBE) PROGRAM
The Maricopa County Small Business Enterprise (SBE) Program is incorporated by reference. It
is Maricopa County’s policy to provide small businesses the opportunity to participate in the
District’s solicitation process and to be considered to fulfill the requirement for various
commodities and services. No specific SBE participation percentage goal or dollar amount has
been established for this Contract.
SECTION XIX—INDEMNIFICATION
To the fullest extent permitted by law, the Consultant shall defend, indemnify, and hold harmless
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the District, Maricopa County and their agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses including, but not
limited to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions
or mistakes relating to the performance of this Contract. The Consultant’s duty to defend,
indemnify, and hold harmless the District, Maricopa County, and their agents, representatives,
officers, directors, officials, and employees shall arise in connection with any claim, damage,
loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting there from, caused by any
negligent acts, errors, omissions, or mistakes in the performance of this Contract including any
person for whose negligent acts, errors, omissions, or mistakes the Consultant may be legally
liable.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of the District.
SECTION XX—INSURANCE REQUIREMENTS
The Consultant, at the Consultant’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State of
Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona
licensing, the stipulated insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said insurance companies meet
the approval of the District. The form of any insurance policies and forms must be acceptable to
the District.
All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of the District, constitute a material breach
of this Contract.
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The Consultant’s insurance shall be primary insurance as respects the District and Maricopa
County, and any insurance or self-insurance maintained by the District or Maricopa County shall
not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the District’s right to coverage afforded under the
insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to
the coverage provided to the District under such policies. The Consultant shall be solely
responsible for the deductible and/or self-insured retention and the District, at its option, may
require the Consultant to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
The District reserves the right to request and to receive, within ten (10) working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. The District
shall not be obligated, however, to review such policies and/or endorsements or to advise the
Consultant of any deficiencies in such policies and endorsements, and such receipt shall not
relieve the Consultant from, or be deemed a waiver of the District’s right to insist on strict
fulfillment of the Consultant’s obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation and Errors and
Omissions, shall name the District, Maricopa County, and their agents, representatives, officers,
directors, officials, and employees as Additional Insureds.
The policies required hereunder, except Workers’ Compensation and Errors and Omissions,
shall contain a waiver of transfer of rights of recovery (subrogation) against the District,
Maricopa County and their agents, representatives, officers, directors, officials, and employees
for any claims arising out of the Consultant’s work or service.
REQUIRED INSURANCE COVERAGES
Commercial General Liability
Commercial General Liability insurance and, when necessary, Commercial Umbrella insurance
Contract 2020C005
Page 18 of 24
with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include
coverage for bodily injury, broad form property damage, personal injury, products, and
completed operations and blanket contractual coverage, and shall not contain any provision that
would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage for
liability arising from explosion, collapse, or underground property damage.
Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella
insurance with a combined single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the Consultant’s owned, hired, and non-
owned vehicles assigned to or used in performance of the Consultant’s work or services under
this Contract.
Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction of the Consultant’s employees engaged in the performance of the work or
services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for
each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. The
Consultant waives all rights against the District, Maricopa County, and their agents, officers,
directors, and employees for recovery of damages to the extent these damages are covered by
the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance
obtained by the Consultant pursuant to this Contract.
Errors and Omissions Insurance
Errors and Omissions insurance and, when necessary, Commercial Umbrella insurance, which
will insure and provide coverage for errors or omissions of the Consultant, with limits of no less
than $2,000,000 for each claim.
Certificates of Insurance
Prior to commencing work or services under this Contract, the Consultant shall furnish the
District with Certificates of Insurance in a form acceptable to the District, or formal
Contract 2020C005
Page 19 of 24
endorsements as required by the Contract in the form provided by the District, issued by the
Consultant’s insurer(s), as evidence that policies providing the required coverage’s, conditions,
and limits required by this Contract are in full force and effect. Such certificates shall identify this
Contract number and Contract title.
In the event any insurance policy(ies) required by this Contract is(are) written on a “claims
made” basis, coverage shall extend for two (2) years past completion and acceptance of the
Consultant’s work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to the
District fifteen (15) days prior to the expiration date.
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30)
days prior written notice to the District.
……………………………………………………………………………………………………………….
Contract 2020C005
Page 20 of 24
CONTRACT FCD 2020C005
ADOBE DAM/DESERT HILLS/APACHE WASH ADMS/P ON-CALL
IN WITNESS WHEREOF, the parties herein have executed this Contract.
Kimley-Horn and Associates, Inc.
Principal (Signature)
Printed Name
Title
Date
Federal Tax Identification Number
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED BY:
ACCEPTED AND APPROVED:
Michael A. Fulton, Director Date
Chairman, Board of Directors
Date
ATTEST:
Clerk of the Board
Date
LEGAL REVIEW
Approved as to form and within the powers and authority granted under the laws of the State of
Arizona to the Flood Control District of Maricopa County.
Flood Control District General Counsel
Date
Contract 2020C005
Page 21 of 24
CONTRACT FCD 2020C005
ADOBE DAM/DESERT HILLS/APACHE WASH ADMS/P ON-CALL
ATTACHMENTS
1. Certificate of Performance
2. Certificate of Insurance
3. Maricopa County Small Business Enterprise Program Participation Reporting Form
Exhibit A – General Scope of Work
Exhibit B – Fee Schedules
Contract 2020C005
Page 22 of 24
ATTACHMENT 1
CERTIFICATE OF PERFORMANCE AND PAYMENT OF ALL CLAIMS
The undersigned hereby certifies to the Flood Control District of Maricopa County (District) that
all lawful claims for labor, rental of equipment, material used, and any other claims by Kimley-
Horn and Associates, Inc., and its subcontractors in connection with the project described in
District contract FCD 2020C005 for the Adobe Dam/Desert Hills/Apache Wash ADMS/P On-
Call have been paid.
Kimley-Horn and Associates, Inc., understands that with receipt of payment for previously
invoiced amounts plus any retained monies, that this is a settlement of all claims of every nature
and kind against the District arising out of the performance of the District’s contract FCD
2020C005, relating to the material, equipment, and work covered in and required by the
contract.
The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in
regard to this contract and that he/she has no knowledge of any pending or potential claims in
regard to this contract. Upon submission of this document and a separate invoice for any
retained funds to the District, invoice processing will be completed within forty-five (45) calendar
days.
State of Arizona
)
) §
County of Maricopa )
Signed this _______day of ____________ 201___.
_________________________________
Signature
_________________________________
Printed Name and Title
SUBSCRIBED AND SWORN TO before me this _______day of ____________ 201___.
_________________________________
Notary Public
My Commission Expires: _________________
Contract 2020C005
Page 23 of 24
ATTACHMENT 2
CERTIFICATE OF INSURANCE
Contract 2020C005 Project Title: Adobe Dam/Desert Hills/Apache Wash ADMS/P On-Call
NAME AND ADDRESS OF INSURANCE AGENCY:
*COMPANIES AFFORDING COVERAGES:
Company
Letter
A
Company
Letter
B
Company
Letter
C
NAME AND ADDRESS OF INSURED:
Company
Letter
D
Company
Letter
E
Company
Letter
F
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this time.
*CO.
LTR.
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
(MM/DD/YY)
EXPIRATION
DATE
(MM/DD/YY)
LIMITS
GENERAL LIABILITY:
COMMERCIAL GENERAL LIABILITY
: Claims Made : Occur
: PREMISES OPERATIONS
: BLANKET CONTRACTURAL
: BROAD FORM PROPERTY
DAMAGE
: PERSONAL INJURY
: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
: XCU Hazards
: INDEPENDENT CONTRACTORS
GENERAL AGGREGATE
PRODUCTS/COMPLETED
OPERATIONS AGGREGATE
EACH OCCURRENCE
$4,000,000
$2,000,000
$2,000,000
AUTOMOBILE LIABILITY:
: ANY AUTO
: ALL OWNED AND NON-
OWNED AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY
PROPERTY DAMAGE
PER PERSON/PER ACCIDENT
$2,000,000
$2,000,000
$2,000,000
$2,000,000
: EXCESS LIABILITY
: Umbrella Form
: Other than Umbrella Form
EACH OCCURRENCE
AGGREGATE
$
$
: WORKERS’ COMPENSATION
AND EMPLOYERS’ LIABILITY
STATUTORY LIMITS AND
EMPLOYER’S LIABILITY:
EACH ACCIDENT
DISEASE: EACH EMPLOYEE
DISEASE: POLICY LIMIT
$1,000,000
$1,000,000
$1,000,000
: PROFESSIONAL LIABILITY
EACH CLAIM
AGGREGATE
$2,000.000
$2,000,000
: OTHER:
Except for Workers’ Compensation and Professional Liability Insurance, the Flood Control District
of Maricopa County, Maricopa County, and their agents, representatives, officers, Directors,
Officials, and employees are named as Additional Insureds.
Except for Workers’ Compensation and Professional Liability Insurance, the Flood Control District of Maricopa County (District), Maricopa County,
and their agents, representatives, officers, Directors, Officials, and employees are named as Additional Insured’s on those types of policies
described herein which are required to be furnished by this contract entered into between the insured and the District. To the extent provided in this
Contract, insured shall hold harmless the District from liability arising out of any services provided or duty performed by insured as required by statute,
law, purchase order or otherwise required, with the exception of liability for loss or damage resulting from the sole negligence of the District, its agents,
employees, or indemnities. It is agreed that any insurance available to the named insured shall be primary of other sources that may be
available. It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage available to the District without
thirty (30) days written notice to the District. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE INSURANCE COMPANY.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
2801 WEST DURANGO STREET
PHOENIX, ARIZONA 85009
DATE ISSUED:
AUTHORIZED REPRESENTATIVE
Contract 2020C005
Page 24 of 24
ATTACHMENT 3
MARICOPA COUNTY SBE PROGRAM PARTICIPATION REPORTING FORM
PAY APPLICATION/INVOICE ATTACHMENT
This form is to be submitted with each pay application or invoice. Any pay application or invoice
without this form attached is subject to rejection as not being a completed pay application or
invoice pursuant to the terms of the contract.
Name of Prime Consultant/Contractor
Contract Number
Contact Person
Project Number
$
Street Address
Amount of this Pay Application/Invoice
City, State ZIP
Complete below with information on the SBE firms utilized as sub-consultants/sub-contractors
for this pay application/invoice. If work was self-performed and your firm, as the prime, is an
SBE firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm.
SBE Firm Name
SBE Firm Address
Type of Work Performed
$ Paid to SBE this Inv
$
$
$
$
$
$
$
$
$
$
□ A mark in this box certifies that no SBE firms were utilized as the prime, sub-consultant
or sub-contractor with respect to this pay application/invoice.
Date
Signature
EXHIBIT A
GENERAL SCOPE OF WORK
CONTRACT FCD 2020C005
ADOBE DAM/DESERT HILLS/APACHE WASH
AREA DRAINAGE MASTER STUDY/PLAN
- ON-CALL
Contract FCD 2020C005
2
Scope of Work
PROJECT DESCRIPTION AND ADMINISTRATION
1.1
PROJECT DESCRIPTION
This scope of work (SOW) describes the professional services required to produce the On-Call
Adobe Dam/Desert Hills/Apache Wash Area Drainage Master Study/Plan (ADDHAW ADMS/P).
The study area covers approximately 165 square miles located in north central Maricopa County
within the City of Phoenix, the Town of Cave Creek, the City of Glendale, and unincorporated
Maricopa County.
This is a general scope of work that includes general tasks and details that may or may not be
included as part of this contract. A detailed scope of work will be developed by the
CONSULTANT and DISTRICT for each individual work assignment.
The ADDHAW ADMS/P will identify and characterize existing drainage, flooding sources, and
flooding hazards within the study area due to recent land use changes within the watershed. This
includes three primary work efforts: data collection, development of a comprehensive, detailed,
multi-frequency hydrology and hydraulic model for the study area, and a flood hazards and risks
assessment. Major tasks will include compilation of the data collection results with the 2D model
output to identify, quantify, and qualitatively describe significant drainage and flooding issues.
Other tasks include supplemental field survey (as needed), public outreach, stakeholder
coordination, and providing recommendations for structural and non-structural solutions to
mitigate flood hazards and reduce flood risk.
The CONSULTANT agrees to provide services to accomplish the work under the direction of a
Registered Engineer within the State of Arizona in the appropriate discipline.
All work shall be performed consistent with the latest version of the DISTRICT’s Consultant
Guidelines. Where there are discrepancies between the Consultant Guidelines, the General Scope
of Work, and detailed Work Assignment Scopes of Work, the following shall govern in order of
importance: 1) Work Assignment Scopes of Work; 2) General Scope of Work; and 3) Consultant
Guidelines.
1.2
PROJECT PURPOSE AND OBJECTIVES
The ADDHAW ADMS/P study area encompasses Adobe Dam/Desert Hills Area Drainage Master
Study/Plan (Contract FCD 2002C001) study area that was completed in 2005, however, additional
area in the Apache Wash watershed was added.
Arizona Revised Statutes Title 48, Chapter 21 requires the Board of Directors to identify flooding
problems. The purpose of the ADDHAW ADMS/P is to identify flooding problems in the study
area due to any changes in the area using updated detailed 2-foot contour mapping and a more
technically sound approach to hazard identification. The major objectives of the study are:
1.2.1 Compile a comprehensive database of critical project information, including known
flooding drainage problems and existing infrastructure data within the study area. A review
of drainage complaints collected by the DISTRICT, the City of Phoenix, the Town of Cave
Creek, and the City of Glendale will be conducted.
Contract FCD 2020C005
3
Scope of Work
1.2.2 Develop a FLO-2D hydrologic and hydraulic (H&H) model for the study area that accounts
for existing infrastructure, including storm drains, channels, and detention/retention basins,
in order to identify, quantify, and qualitatively describe existing drainage and flooding
problems.
1.2.3 Prepare a flood hazards and risks assessment based on the collected data and the FLO-2D
modeling results, which will aid in identification of flood prone areas.
1.2.4 Evaluate the flood mitigation alternatives and prepare a Flood Hazard Mitigation Plan to
provide potential structural and non-structural mitigation solutions for the identified flood
prone areas.
1.2.5 Develop 15% conceptual design plans for selected recommended solutions.
1.3
PROJECT STEPS
1.3.1
The ADDHAW ADMS/P will include data collection, existing conditions H&H analyses, and a
flood hazards assessment that includes identification, quantification, and qualitative documentation
of flooding hazards. The CONSULTANT will review existing H&H models, collect past drainage
complaints obtained from the City of Phoenix, the City of Glendale, Town of Cave Creek and the
DISTRICT through the public outreach effort, and develop a new comprehensive existing
conditions FLO-2D model for the study area.
1.3.2
A Data Collection Report, a Final H&H Report, as well as an ADMS/P Report, will be prepared
for the ADDHAW ADMS/P. The Data Collection Report will include the collected data on existing
storm drains, hydraulic structures, transportation corridors, land use and development, regional
plans, existing flooding data that includes identification of FEMA floodplains; drainage and
flooding complaints, which includes a review of past drainage complaints to the City of Phoenix,
the City of Glendale, the Town of Cave Creek and the DISTRICT and a review of past solutions
that were implemented on each case; emergency storm related events; and site investigations to
identify the existing drainage issues to be regional or local.
The format of the H&H Report will be the same as Arizona Department of Water Resources
(ADWR) standards to include documentation of the approved H&H models with details on
the assumptions and parameter development, model results, and conclusion.
The ADMS/P Report may include, but is not limited to the following: reference to pertinent
information from the Data Collection Report, the pertinent results from the H&H models,
and qualitative description of existing and potential flooding hazards, including conceptual
mitigation opportunities and constraints, to include GI/LID solutions, for addressing the
identified flooding hazards. Hard copies and electronic copies of the Data Collection
Report, H&H Report and the ADMS/P Report will be provided to the DISTRICT. If
needed, the ADMS/P Report will be organized with text, images, and/or pictures to
summarize each ADMS/P problem area as well as potential solutions from the list of
brainstormed ideas, analysis of alternatives, and final recommended plan that includes
costs, a 15% design plan showing utilities (water, sewer, gas), and plan and profile of the
recommended plan. Project administration, site visits, meetings, public outreach, and
stakeholder involvement will be included throughout this scope for the duration of the
project. Public outreach and stakeholder coordination activities will be performed in
accordance with DISTRICT policies and requirements.
Contract FCD 2020C005
4
Scope of Work
1.4
LOCATION
The ADDHAW ADMS/P study area covers approximately 165 square miles in northcentral
Maricopa County within the City of Phoenix, the Town of Cave Creek, the City of Glendale and
unincorporated Maricopa County, as shown in Figure 1.
Contract FCD 2020C005
5
Scope of Work
FIGURE 1
Contract FCD 2020C005
6
Scope of Work
1.5 OTHER SERVICES AND TASKS
The following additional professional services and tasks may be required in this contract as
identified by the DISTRICT during the contract period to meet the ADDHAW ADMS/P goals and
objectives:
1.5.1 Floodplain Delineations: The CONSULTANT may be required to use modeling results to
delineate new or re-delineate existing floodplains within the study area. All work
completed for the floodplain delineation studies must meet FEMA’s standards. The
assumptions and results of the study are to be presented in State Standard 1 Instructions for
Organizing and Submitting Technical Support Data Notebooks (TSDN) for Flood Studies
format.
1.5.2 Flood Mitigation Alternatives: The CONSULTANT shall evaluate the past flooding
mitigation alternatives and update the ADMS/P as necessary with new, and/or revised
conceptual designs (15% plan development) and associated cost estimates. The ADMS/P
Report will document mitigation solutions that reduce flood risks for significant flood
hazards identified in the ADMS phase. Mitigation solutions will be formulated and
evaluated during the Brainstorming Meeting(s) involving the Project Team and affected
stakeholders. The ADMS/P Report will be provided in hard copy and electronic format,
organized with text, images and/or pictures to summarize each significant ADMS/P-
identified problem area. The ADMS/Report will document the potential mitigation
solutions from the list of brainstormed ideas and include estimated costs associated with
each solution. Potential mitigation solutions will be of generally sized features using non-
detailed approaches, methods, or analysis. However, the CONSULTANT may be required
to prepare hydraulic models with the potential mitigation solutions in place to evaluate the
effectiveness of the solutions. Additional ADMS/P tasks to include: project meetings,
stakeholder and public meetings, and deliverable submittal meetings to be detailed out
during scoping of the Area Drainage Master Plan phase.
1.5.3 Alternative Stormwater Management (GI/LID, Water Conservation, etc.) Solutions: The
CONSULTANT shall consider opportunities and constraints for the potential
implementation of GI/LID, water conservation, and green stormwater infrastructure within
the study area to resolve flood issues and/or reduce the incidence of flooding. These
strategies may be incorporated in the brainstorming activities and alternatives development
where possible. The CONSULTANT may develop cost estimates for implementing
GI/LID when applicable.
1.5.4 Soils Testing: The CONSULTANT may be required to perform in situ soils testing at key
locations to better determine soil characteristics that are used to estimate infiltration
parameters.
1.5.5 The CONSULTANT may coordinate with the following organizations for information and
input into the project:
• Flood Control District of Maricopa County
• Maricopa County
o
Department of Transportation
o
Parks and Recreation Department
o
Planning and Development Department
Contract FCD 2020C005
7
Scope of Work
o
Environmental Services Department
• City of Phoenix
o
Street Transportation Department
o
Parks and Recreation Department
o
Planning Department
o
Development Services Department
o
Environmental Programs Department
• Town of Cave Creek
• City of Glendale
• Arizona Department of Transportation (ADOT)
• Central Arizona Project (CAP)
• Arizona State Land Department
1.6 ENVIRONMENTAL OVERVIEW
1.6.1 The CONSULTANT may prepare an Environmental Overview Technical Memorandum
that will be used during the Phase II alternative analysis process and throughout the
planning project. The purpose of the environmental overview is to collect and provide data
that will assist the project team in evaluating the environmental issues and impacts
associated with each Phase II alternative. The CONSULTANT may determine the potential
impacts of each of the proposed Phase II alternatives on the identified hazardous materials
and cultural resources. The environmental considerations will be compared across the
Phase II alternatives for the purpose of evaluating their relative magnitude of impact.
1.6.2 The CONSULTANT may conduct a hazardous material overview for the affected
environment for each ADMS/P alternative. The hazardous material overview may include
an Environmental Regulatory Records Review of the federal, state, and local
environmental lists and databases and their respective search radii (ASTM 1527-00) for
the ADMS/P alternatives. The CONSULTANT may document the locations of the
regulatory sites that may require remediation on aerial photographs. In addition,
potentially contaminated sites (e.g., illegal dumping, 55-gallon drums, large areas of
stained soil, etc.) that are observed during field reconnaissance for other tasks may also be
documented on the aerial photographs. The CONSULTANT may summarize the results to
include the descriptive location of the site, and if known, the source or type of
contamination, the status of the site (i.e., closed or open), and the potentially responsible
party (ies) for remediation. The CONSULTANT is not expected to conduct any file review
or additional investigation on these sites to obtain this information.
1.6.3 The CONSULTANT may conduct a cultural resources assessment for the affected
environment for each ADMS/P alternative The CONSULTANT will summarize the results
of this report to include in the Environmental Overview Report and to use during the
ADMS/P alternatives analysis. The CONSULTANT will determine if any cultural resource
sites that are identified in the cultural resource assessment report could be impacted by the
proposed ADMS/P alternatives. The approximate location of these identified cultural
resource sites will be depicted on aerial photographs for use during the planning project.
Contract FCD 2020C005
8
Scope of Work
1.7 CONTRACT SCHEDULE
The CONSULTANT may complete the ADDHAW ADMS/PADMP within seven hundred thirty
(730) calendar days from the Notice-to-Proceed (NTP) date with the possibility of extensions with
the DISTRICT approval. The contract will be a single ON-CALL contract with multiple separate
work assignments.
1.8 OUT OF SCOPE ITEMS
1.8.1 Should the CONSULTANT believe that DISTRICT staff, or any partner agency staff, is
requesting the CONSULTANT to provide work that is not within the scope of the contract
documents, the CONSULTANT must notify the DISTRICT’s Project Manager
immediately in writing and describe the work which the CONSULTANT believes is out-
of-scope. Such notification shall be provided to the DISTRICT’s Project Manager prior to
the commencement of any such out-of-scope work.
1.8.2 It is the CONSULTANT’s sole responsibility to assure that no additional services, beyond
the scope of work defined in the contract documents, commence without written
authorization from the DISTRICT’s Project Manager.
1.8.3 Retroactive requests for additional fees will not be considered or approved.
1.9 PROJECT MANAGEMENT
The CONSULTANT shall appoint a Project Manager who shall be knowledgeable of the progress
of the project. The Project Manager shall be the same person listed in the CONSULTANT’s
Technical Proposal and Statement of Qualifications, unless otherwise approved in writing by the
DISTRICT. The Project Manager shall be the point-of-contact for the DISTRICT. The
CONSULTANT’s Project Manager shall attend all meetings outlined in this SOW. The
CONSULTANT’s Project Manager shall keep the DISTRICT’s Project Manager informed of all
coordination with outside agencies and other affected parties. The DISTRICT may terminate this
agreement if the Project Manager is not available or if the CONSULTANT is unable to provide a
replacement Project Manager acceptable to the DISTRICT. The DISTRICT may request
replacement of the Project Manager if the DISTRICT determines that this would be in the best
interest of the project.
1.10 PROJECT SCHEDULE
1.10.1 The CONSULTANT shall prepare a project schedule. The format of the schedule must be
approved by the DISTRICT’s Project Manager. The schedule will be updated by the
CONSULTANT prior to each monthly progress meeting and when otherwise requested by
the DISTRICT.
1.10.2 The CONSULTANT shall submit a proposed significant events/milestones calendar within
fourteen (14) days of NTP. An original baseline schedule will be submitted at the project
kick-off meeting. A more detailed schedule will be developed for each Work Assignment
and incorporated into the original schedule. Additionally, approximate timeframes for
stakeholder and public meetings and submittal milestones shall be identified in each work
assignment schedule.
1.10.3 The CONSULTANT shall provide in the project schedule a three (3) week review period
for each submittal requiring DISTRICT review, unless an alternative review schedule is
submitted in advance and accepted by the DISTRICT.
Contract FCD 2020C005
9
Scope of Work
1.11 COORDINATION
The CONSULTANT is responsible for preparation of agendas and the meeting notes for all
meetings. At the end of the project, all copies of the schedules, monthly progress reports, meeting
notes, and correspondence shall be submitted in a Project Administration Report. The
CONSULTANT shall communicate with the DISTRICT’s Project Manager once a week (e-mail,
phone, or in-person) to provide a verbal update (Unless otherwise waived by the DISTRICT’s
Project Manager).
1.12 PROGRESS REPORTS
The CONSULTANT shall provide the DISTRICT with a Monthly Progress Report accompanied
by the invoice that will discuss briefly the project activity for the billing period. The Monthly
Progress Report will include a list of the work completed by major tasks within the billing month
and a separate list of tasks to be completed or worked on during the next month. The report will
provide the DISTRICT with briefly noted problem areas that need to be addressed with interim
solutions. The Monthly Progress Report shall be submitted whether or not the CONSULTANT
submits an invoice, in which case the CONSULTANT shall state briefly why no invoice is being
submitted for that billing period.
1.13 QUALITY CONTROL/QUALITY ASSURANCE
The CONSULTANT will insure internal and external quality control and quality assurance of all
submittals delivered to the DISTRICT.
1.14 INVOICES
1.14.1 The CONSULTANT shall submit a projection of monthly project billings with the fee
proposal for each work assignment. The projected billing will be consistent with the overall
project schedule and be coordinated with the earned value report.
1.14.2 Invoices will be submitted monthly and will include the Monthly Progress Report with
anticipated expenditure costs. The Monthly Progress Report shall include earned value
reporting that details the percent of actual work completed for all major tasks along with
the associated cost. Total monthly invoice submitted shall be less than or equal to the
earned value submitted.
1.14.3 The DISTRICT will approve the format for invoices and progress/status reports.
1.14.4 The invoice will identify the contract and work assignment number(s) and include the
amount of each work task and man-hour level of effort identified in the approved fee
proposal. The invoice will show the amounts previously billed, the amount due for the
current period, and the project’s task expenditure balance in both dollars and as percentages
completed.
1.14.5 The CONSULTANT shall submit an electronic copy of the invoice to the DISTRICT’s
designated Accounts Payable person and copy the DISTRICT’s Project Manager for
review and acceptance.
1.15 PROJECT STANDARDS AND REFERENCES
All work shall be performed consistent with the latest version of the DISTRICT’s Consultant
Guidelines. Where there are discrepancies between the Consultant Guidelines, the General Scope
of Work, and detailed Work Assignment Scopes of Work, the following shall govern in order of
Contract FCD 2020C005
10
Scope of Work
importance: 1) Work Assignment Scopes of Work; 2) General Scope of Work; and 3) Consultant
Guidelines. Other guidelines, policies, and procedures may include:
• Project Development and Scoping Guidelines, Flood Control District, July 30, 2014;
• Drainage Policy and Standards for Maricopa County, Arizona, 5th Edition, August 22,
2018;
• Drainage Design Manual for Maricopa County, Arizona Hydrology, 4th Edition, December
14, 2018;
• Drainage Design Manual for Maricopa County, Arizona Hydraulics, 3rd Edition, December
14, 2018;
• Drainage Design Manual for Maricopa County, Arizona Erosion Control, 2nd Edition,
December 14, 2018;
• “Drainage Policies and Standards for Maricopa County, Supplemental Technical
Document, FLO-2D Verification Report”, Flood Control District of Maricopa County,
May 2016;
• State Standard 1 Instructions for Organizing and Submitting Technical Support Data
Notebooks (TSDN) for Flood Studies, ADWR, August 2012.
1.15.1 The DISTRICT will provide at no cost to the CONSULTANT the following project related
references and information.
• Digital two-foot contour aerial mapping for all of the study area from new mapping,
and converted as necessary to provide mapping in NAVD 1988 vertical datum;
• DTM data for the provided mapping in NAVD 1988 and in GIS or
Microstation/Inroads format;
• Aerial photos;
• All existing DISTRICT hydrology, hydraulic, and survey information;
• Survey Control (GDACS and FCD ERMs);
• Digital soil shapefile that encompasses the study area;
• Digital land use and zoning shapefiles;
• Complete surface feature characterization that covers the study area in a GIS polygon
format including building obstructions, impervious areas, and initial assignment of
friction loss (Manning’s n-value) and initial abstraction parameters.
1.15.2 The DISTRICT, the City of Phoenix, the City of Glendale, the Town of Cave Creek and other
identified stakeholders will provide the following information as identified and requested by the
CONSULTANT:
• As-built drawings for existing storm drain systems.
• Existing available pertinent drainage studies in the watershed.
• Planning studies, including land use, general plans and resource plans.
1.15.3 Standard Details and Specifications to be considered include, but are not limited to:
• “Uniform Standard Details for Public Works Construction”, Maricopa
Association of Governments (MAG) Latest edition;
Contract FCD 2020C005
11
Scope of Work
• “Uniform Standard Specifications for Public Works Construction”,
Maricopa Association of Governments (MAG) Latest edition;
• City of Phoenix and other agencies’ supplements, if any, to MAG Uniform Standard
Details;
• Specifications together with current revisions shall be used as part of the design
criteria;
• Use Standard MAG details on Plans unless otherwise requested by the DISTRICT;
• Landscape Inventory and Analysis for Maricopa County, FCDMC, 2009;
• Existing Facilities Landscape Aesthetics and Multi-Use Opportunities Assessment,
North Valley Structures Analysis, FCDMC, 2001;
• Maricopa County Regional Trail System Plan, Maricopa County Trail Commission,
August 16, 2004;
• Desert Spaces, An Open Space Plan for the Maricopa County, Maricopa Association
of Governments, undated.
TASKS
Work discussed and described below will be on an “as-needed” basis through individual work
assignments. The amount of work requested during the life of the contract is unknown; the least
amount being zero and the maximum amount being limited to the amount of the contract. The
services to be rendered under this contract shall conform to one or more of the following
categories:
2
DATA COLLECTION AND EXISTING CONDITIONS ANALYSIS
2.1
The CONSULTANT shall collect and review pertinent information available from the
DISTRICT, the City of Phoenix, the City of Glendale, the Town of Cave Creek, MCDOT,
ADOT, MARICOPA COUNTY and other stakeholders and sources. Pertinent data to be
collected, reviewed, and inventoried may include, but may not be limited to, the following:
existing topographic mapping, GIS databases, land use plans, as-built plans, transportation
plans, hydrologic and hydraulic (H&H) studies, green infrastructure and low impact
development studies and reference materials, storm drain maps and plans, Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs), FEMA-
approved floodplain delineation studies, Letters of Map Amendment and/or Revisions,
Elevation Certificates for residential structures in existing FEMA designated floodplains,
development drainage reports, future land use data, future drainage improvement and
development plans, drainage complaints data, and other jurisdictional data. The
CONSULTANT shall become familiar with the existing hydrologic and hydraulic studies
for the study area and adjacent areas as obtained with the Data Collection effort.
2.2
The CONSULTANT shall compile a comprehensive collection of flooding and drainage
problems impacting the project area. This will include an assessment of the identified
problems based on information obtained from PHOENIX, GLENDALE, the Town of
CAVE CREEK, and the DISTRICT and through the public outreach effort. Each
assessment shall include a record of site visits, photographs of the problem area, description
of the problem, and its relationship to other flooding problems. This is essential to
document the need and necessity of the project. The CONSULTANT shall provide a map
Contract FCD 2020C005
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Scope of Work
indicating the location of flooding or problem areas identified by the flood data obtained.
This effort will also include interviewing key city employees, identified key stakeholders,
neighborhood associations, homeowner associations (HOAs), and local businesses that
have witnessed local flooding. These meetings are further defined in Section 11.
2.3
The CONSULTANT may research and inventory current planning studies for the study
area, including land use plans, open space and parks plans, general plans, comprehensive
plans, transportation plans, trail and multi-use master plans, GI/LID studies, water
conservation strategies, shade and tree master plans, and any other applicable plans. A brief
memo summarizing the results of the research with a description of the specific findings of
the proposed plans of the study area is to be included in the Data Collection Report.
2.4
The CONSULTANT may research and document the NPDES storm water requirements
and relevant local ordinances and regulations for the local jurisdictions. The
CONSULTANT may document existing regional storm drain systems that discharge to the
major washes and local storm drain systems located in areas identified as flood prone by
this study. The CONSULTANT may review as-built plans and document the location, size,
and condition of catch basins contributing to the regional storm drain systems. This effort
will not include evaluation of storm drain systems contributing to local retention basins in
non-flood prone areas.
2.5
The CONSULTANT may request and review historic photographs available from the
DISTRICT’s Engineering Library. Additionally, the CONSULTANT may research local
libraries for historic flooding photos and other pertinent documents within the study area.
This information may be included in the Data Collection Report.
2.6
The CONSULTANT shall use the existing aerial photography and topographic mapping
that covers the ADDHAW ADMS/P study area. This photography and mapping will be
provided by the DISTRICT.
2.7
The CONSULTANT will retrieve publicly available data for past storms, such as
newspaper articles, news videos, post storm maintenance logs, and observed flow depths
for the significant storms identified under Task 3.3.
2.8
The CONSULTANT may deliver a stand-alone, hard copy and electronic formatted Data
Collection Report with a narrative description of the information collected, sources, and
maps and exhibits showing the locations of identified drainage and flooding issues. The
Data Collection Report should include the following:
• Executive Summary
• Project Description
• Scope of Project
• Data Collection Results
• Existing Flood Data (including FEMA documents)
• Assessment of the documented drainage complaints
• Existing and Future Development Plans
• Future Transportation Plans
• Current Planning Studies (including Existing and Future Land Uses)
• Existing and Future Drainage Facilities
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Scope of Work
• Trail and Park Master Plans
• Shade and Tree Master Plans
• GI/LID Studies and Reports
• Historic flood photos
• Hydrology/Hydraulics Models
• Storm Water Ordinances (including NPDES ordinances)
• Existing Facilities Exhibit
• Existing Flooding Problem Exhibit
• References/Figures
2.9
OPTIONAL TASK - The CONSULTANT may obtain supplemental field surveys, if
needed. Survey data will be documented in a Project Survey Report. Copies of all survey
notebooks or printouts of digital files developed with data collectors will be provided.
Survey data documentation will be sealed and signed by an Arizona Registered Land
Surveyor (RLS). The horizontal and vertical benchmarks used for the survey may be
documented along with documentation of the datum upon which the benchmark was
originally established. A summary table of the Elevation Reference Marks (ERMs) and
benchmarks, and documentation of surveys may be included.
This optional task is not authorized with the Notice to Proceed; it may be authorized in
writing by the DISTRICT based upon specific need as determined by the DISTRICT
during the contract period.
3
HYDROLOGIC AND HYDRAULIC MODELING
The CONSULTANT will perform and complete detailed analysis for the study area in accordance
with all applicable DISTRICT standards and guidelines.
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Scope of Work
3.1
Modeling Software
The DISTRICT anticipates that FLO-2D software will be used for the study area. The
version and build number for FLO-2D software will be specified by the DISTRICT at the
time of individual work assignments, as necessary.
The CONSULTANT shall verify that the 2D-model completely covers the study area and
any physical features immediately downstream that may affect water surface elevations
within the study area.
The approach to setting and adjusting the FLO-2D model parameters and numerical
stability controls shall be verified and approved by the DISTRICT prior to submittals.
3.2
Model Inputs and Other Parameters
During scoping, the DISTRICT and CONSULTANT will discuss and determine the model
inputs, parameters, and other modeling details. The modeling will ensure an accurate
transfer of flows from and into adjacent study areas. The CONSULTANT will develop
guidance for selecting a grid element size in the first Work Assignment for review and
approval by the DISTRICT. DISTRICT approval of grid element size must be obtained
before modeling begins.
The CONSULTANT will utilize the NOAA-14 rainfall data as approved by the
DISTRICT. The point precipitation values shall be spatially varied using the NOAA-14
data and assigned to each grid element using the RAINARF option in FLO-2D.
The Green & Ampt methodology will be used for the rainfall loss parameters using the
Surface Feature Characterization (SFC) and soils coverage shapefiles provided by the
DISTRICT.
The CONSULTANT shall use the building polygons in the SFC shapefile provided by the
DISTRICT to model the obstructions to flow and develop the ARF.DAT file. To model the
various walls within the project, the CONSULTANT will utilize the walls linear file
provided by the DISTRICT or alternate approach approved by the DISTRICT to generate
the LEVEE.DAT input file in FLO-2D. The need for wall failure and methodology for wall
openings, as well as identification of hydraulically significant walls, will be evaluated
under future assignments.
Hydraulically significant culverts within the study area will be modeled as hydraulic
structures in FLO-2D unless another modeling approach is approved by the DISTRICT.
Culverts smaller than 18 inches in diameter will not be modeled, unless determined as
hydraulically significant, such as at locations where there are multiple barrels and the
combined effective flow area is equivalent or greater than an 18-inch culvert.
3.3
Storm Frequencies & Distribution
The CONSULTANT will prepare existing condition models for several frequencies,
including the 100-year event. In this project, the 6-hour and 24-hour storm distributions
will be modeled and the CONSULTANT will evaluate the results to determine which storm
distribution is the governing storm. There might be a need to model lower frequencies in
future work assignments. The DISTRICT and other stakeholders will determine the final
storm frequencies and distribution for detailed model development during the preliminary
modeling phase of the ADDHAW ADMSU and add them to the detailed work assignment.
Contract FCD 2020C005
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Scope of Work
The CONSULTANT shall identify significant storm events based on the data collection
effort and input from the City of Phoenix, the Town of Cave Creek, the City of Glendale,
and the DISTRICT. The CONSULTANT will evaluate available and pertinent rainfall gage
data.
3.4
Model Verification
The CONSULTANT shall verify model development and results using DISTRICT-
provided spatial and temporal rainfall data and associated “high water mark” evidence. As-
needed, the CONSULTANT will verify model results using available, supplemental
calibration data. The DISTRICT will provide spatially and temporally variable rainfall data
if available.
3.5
Deliverables
Deliverables shall include an approved FLO-2D model for the study area. The model shall
be delivered with complete documentation per this scope and DISTRICT requirements.
Additionally, a separate H&H Modeling Report will be produced. The H&H Report may
include FLO-2D tables, FLO-2D exhibits, and maps for floodplain hydrographs at pre-
defined locations. The specifics of components of this report will be detailed in future work
assignment scopes.
4
FLOOD HAZARDS & RISKS ASSESSMENT (IDENTIFY, QUANTIFY, AND
QUALITATIVELY DOCUMENT FLOO DING HAZARDS)
The specific tasks and approach to the flood hazard assessment will be determined and
specified in the detailed work assignments. The details in the tasks below are potential
approaches and techniques that may be used. Additional task, such as identifying erosion
hazards, may be included in future work assignments.
4.1
Building Inundation Assessment: The CONSULTANT will quantify the approximate
number of structures susceptible to flooding for the 100-year base conditions model results
and potentially other storm frequencies. The analysis will be repeated using the Phase 3
with Recommended Alternatives FLO-2D model results to conduct a quantitative benefit
analysis. This effort will generally be limited to intersecting building footprints provided
by mapper with FLO-2D depth grids in excess of 0.5-feet (or more, based upon
recommendations by the regulating jurisdiction). This procedure will be discussed and
formalized with DISTRICT prior to execution for concurrence.
4.2
Existing Drainage Infrastructure Evaluation: The CONSULTANT will use the results from
the base condition FLO-2D model to assess the adequacy of existing drainage
infrastructure. The CONSULTANT will identify systems with significant capacity
limitations and systems with excess capacity available for the purpose of evaluating
opportunities for alternatives.
4.3
Deliverables: The CONSULTANT for this work task shall include a technical
memorandum accompanied by relevant maps and exhibits showing the extent, magnitude,
and severity of flooding and drainage issues throughout the study area.
Contract FCD 2020C005
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Scope of Work
5
ALTERNATIVES EVALUATION
The specific tasks and approach to the alternatives development and evaluation will be
determined and specified in the detailed work assignments. The details in the tasks below are
potential approaches and techniques that may be used.
5.1
Phase 1 - Alternatives Formulation
Using the building inundation assessment, the CONSULTANT shall prepare an “existing
flooding hazards” map and narrative based on the data collection effort and the modeling
results. The map and associated narrative may combine the results of the data collection
effort, drainage complaints assessment, hydrologic and hydraulic modeling, existing
infrastructure assessment, and the results of the public and stakeholder involvement efforts.
An explanation of the criteria and methods used to identify flooding problem areas, and a
map of identified flooding problems, shall be prepared for presentation to the Project Team,
members of the stakeholder working group, and the DISTRICT at a Brainstorming
Meeting. The presentation will ensure Project Team members and stakeholders are aware
of all existing drainage issues identified in the study area. The CONSULTANT may also
prepare an “existing opportunities and constraints” map based on the data collection and
public outreach results. The CONSULTANT may review the past recommended drainage
master plan elements and assess the need of these features prior to the brainstorming
meeting.
The CONSULTANT shall prepare for and participate in a Brainstorming Meeting to
identify ideas that address the existing drainage issues. The CONSULTANT shall
document a list of the brainstorming ideas in the ADMS/P report.
5.2
Phase 2 - Preliminary Alternative Evaluation
Hydrologic and hydraulic (H&H) evaluation may be limited to normal depth channel or
storm drain analysis, culvert analysis, or rudimentary HEC-1 storage routings. Some FLO-
2D conceptual modeling may be warranted for some alternatives. Conceptual level
alternatives exhibits will be prepared and limited to plan view GIS exhibits and typical
cross sections. Extensive CAD production is not anticipated. The purpose of the Phase 2
evaluation will be to identify the recommended alternatives for further refinement. The
Phase 2 evaluation will be documented in a technical memorandum and eventually be
incorporated into the Area Drainage Master Plan (ADMS/P) report.
5.3
Phase 3 - Recommended Alternatives Analysis
The CONSULTANT may conduct preliminary FLO-2D analysis to evaluate alternatives
recommended from Phase 2. The results will be analyzed and then further refined and
implemented in the ADMS/P FLO-2D model for the study area. Alternative constraints
and refinements will be documented. Concept alternatives will be refined including
preliminary or concept level quantity and cost estimates for the specific recommendations
for future planning, budgeting, R/W purposes, utilities, and other constraints. The ‘with
alternatives’ FLO-2D model results will be used to quantify the approximate number of
structures susceptible to flooding to evaluate the benefit of the proposed alternatives.
Exhibits will be prepared illustrating the recommended alternatives and will be limited to
plan view GIS exhibits and typical cross sections. Plan view exhibits will include utilities
Contract FCD 2020C005
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Scope of Work
(water, sewer, gas, and other readily available utility GIS layers provided by FCDMC, or
others). The Phase 3 Evaluation will be documented in the ADMS/P report.
5.4
ADMS/P Report
The CONSULTANT may be required to develop a final ADDHAW ADMS/P Report that
includes 15% plans and associated cost estimates. The ADMS/P Report will document
mitigation solutions that reduce flood risks for significant flood hazards identified in the
ADMS/P phase. Mitigation solutions will be formulated and evaluated during the
Brainstorming Meeting. The ADMS/P Report will be provided in hard copy and electronic
format, organized with text, images and/or pictures to summarize each significant
ADMS/P-identified problem area. The ADMS/P Report will document the potential
mitigation solutions from the list of brainstormed ideas and include estimated costs
associated with each solution. Potential mitigation solutions will be generally sized using
non-detailed approaches, methods, or analysis. No detailed approaches, methods, or
analysis (such as HEC-RAS, storm drain modeling, or additional FLO-2D modeling) will
be completed for evaluation and design of potential mitigation alternatives. The
CONSULTANT will be required to prepare FLO-2D models that have the potential
mitigation solutions in place to evaluate the effectiveness of the recommended solutions.
6
IMPLEMENTATION PLAN
6.1
The CONSULTANT may develop a strategy and potential funding resources for the
implementation of the Recommended Alternatives. The CONSULTANT may prepare a
funding document that includes the source of funding, application procedures, potential
cost-share, and constraints.
6.2
The CONSULTANT may produce landscape and multiple-use, LID design guidelines as
appropriate to provide consistency during implementation. These guidelines may be
included in the FINAL ADMS/P report. The CONSULTANT may include the
implementation plan in the FINAL ADMS/P report.
7
FLOODPLAIN INVESTIGATION
7.1
The CONSULTANT may use the existing conditions FLO-2D model to graphically
compare depth results to the Effective FEMA floodplains within the FEMA floodplains in
the study area.
7.2
Maps showing the current FEMA floodplain delineations overlaid with the FLO-2D
maximum depths may be developed. Depth criteria to be displayed will be recommended
by the CONSULTANT and approved by the community.
7.3
A Regulatory Floodplain Investigation Memorandum will be provided with the
recommendations.
8
FLOODPLAIN DELINEATION
8.1
If necessary, the CONSULTANT will determine the most appropriate way to model any
proposed new delineations or revisions to effective floodplains/floodways of the study
Contract FCD 2020C005
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Scope of Work
area; to meet FEMA standards. The CONSULTANT will map regulatory floodplain limits
based on criteria agreed to by the DISTRICT and regulating jurisdiction.
8.2
If necessary, the CONSULTANT will prepare work maps and reports for submittal to
FEMA. Reports will be submitted in Technical Support Data Notebook format per ADWR
State Standard 1 Instructions for Organizing and Submitting Technical Support Data
Notebooks (TSDN) for Flood Studies, ADWR, August 2012.
8.3
If necessary, the CONSULTANT will address any FEMA comments.
9
STAKEHOLDER PARTICIPATION
9.1
Agency Stakeholder Meetings will be held based on a frequency as needed that will be
specified in a specific work assignment.
The CONSULTANT shall document the Stakeholder Involvement that occurs during the
duration of the ADMS/P. The documentation will include the list of stakeholders, agendas
of the stakeholder working group meetings, and the record of stakeholder involvement. It
is anticipated that the primary governmental agency stakeholders will include the City of
Phoenix, Maricopa County Departments of Transportation, Town of Cave Creek, City of
Glendale, Planning and Development, and Parks and Recreation and MAG. The
CONSULTANT may attend a Stakeholder Working Group Kick-off Meeting. The
DISTRICT will chair the meeting and prepare and make the formal presentation. The
meeting agenda will include:
• An overview of the ADMS/P Purpose and Goals;
• ADMS/P Schedule and Milestones;
• Identification of Stakeholder Opportunities and Constraints; and
• Development of Future Meeting Dates.
9.2
The CONSULTANT shall prepare and distribute meeting agendas and notes/minutes for
each meeting. A stakeholder opportunities/issues matrix will be developed and maintained
throughout the project by the CONSULTANT.
9.3
The CONSULTANT shall create a list of the Homeowner Associations (HOAs) within the
study area. Separate meetings with the HOAs affected by the potential flooding will be
held to keep the HOAs updated on the progress of the ADDHAW ADMS/P.
9.4
In addition to stakeholder meetings and public participation activities, the CONSULTANT
shall meet with stakeholders individually, as needed, to ensure that site and stakeholder
specific issues are considered in alternatives evaluation. The DISTRICT’s Project Manager
is to be advised of meetings and given an opportunity to attend. The CONSULTANT shall
keep a written summary of all meetings and will include them as part of the project record.
10
PUBLIC INVOLVEMENT
(Due to the current impacts of the COVID-19 situation, meeting activities listed under Task
10.1 may be performed using a variety of technological platforms. The Public Involvement
Plan, as described under Task 10.1 shall reflect such approaches as appropriate.)
Contract FCD 2020C005
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Scope of Work
The specific tasks and details below are examples of the type of tasks that may be in a future work
assignments.
10.1 Prior to scheduling the public meetings, the CONSULTANT may conduct a brief analysis of
potential audiences and develop a Public Involvement Plan, including a schedule of
engagement activities to support the public involvement goals.
10.2
The DISTRICT may conduct two (2) or more Public Meetings at two different locations
during the study. The purpose of the first Public Meeting will be to gather information
regarding drainage and flooding problems and inform the public of the purpose of the
ADMS/P. The DISTRICT will chair the Public Meetings and make the formal presentation.
The CONSULTANT shall participate in the presentation and respond to questions as
required. The CONSULTANT shall prepare meeting notes of the Public Meetings,
including concerns raised by the public. The DISTRICT will arrange the Public Meeting
locations and the CONSULTANT shall provide for required refreshments. The purpose of
the second Public Meetings is to inform the public of the results of the study and the
potential ideas to address the identified flooding locations within the study area.
10.3
OPTIONAL- The DISTRICT may conduct one (1) Public Meeting at two different
locations during the ADMS/P phase. The purpose of this meeting is to inform the public
of the recommended drainage master plan for the study area. This optional task is not
authorized with the Notice to Proceed; it may be authorized in writing by the
DISTRICT based upon specific need as determined by the DISTRICT during the
contract period.
10.4
The CONSULTANT may prepare a calendar of events and points of contact to identify
community meetings of interest, provide a summary of notable local community events,
and develop a list of neighborhood associations within the study area. Based on this
calendar, the CONSULTANT shall make recommendations for future public and
neighborhood meetings.
10.5
The CONSULTANT may attend Neighborhood Meetings as needed to receive input about
drainage problems within the study area and shall draft a meeting summary of each meeting
within two weeks of each meeting.
10.6
The DISTRICT shall be responsible for the creation, printing and distribution of a one-
page fact sheet for distribution before and at the first Public Meeting. The DISTRICT shall
be responsible for the creation, printing, and distribution of a project handout at the second
Public Meeting. The CONSULTANT will be responsible for providing the DISTRICT
with text and graphics (such as shapefiles of the study area) for the handout. The
DISTRICT shall use the CONSULTANT’S graphic elements to create a study-related
graphic and text for use in the hand-out.
10.7
The CONSULTANT can expect to create the graphic images for project exhibits/graphic
displays for each of the Public Meetings. The CONSULTANT shall provide a digital file
of each exhibit graphic image to the DISTRICT. The DISTRICT shall insert the graphic
image(s) into the current standard DISTRICT exhibit display format to create the final
exhibits to be used during the Public Meeting. The DISTRICT Public Information Office
shall provide the CONSULTANT with the technical specifications for the exhibit graphic
image files. The DISTRICT shall be responsible for printing and mounting the exhibits.
Contract FCD 2020C005
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Scope of Work
10.8
The CONSULTANT shall attend Planning Meetings (including the optional public
meeting) prior to the Public Meetings to refine content and presentation. Attendees shall
include CONSULTANT and the DISTRICT’s Project Team members involved in the
Public Meetings.
10.9
The DISTRICT may create, print and mail the notice (a postcard or tri-fold, 8.5-inch by
11-inch brochure) for each of the Public Meetings. Notices to announce the meetings shall
also be placed by the DISTRICT in the appropriate newspaper publications.
10.10 The DISTRICT will develop any project mailing list within the study area.
10.11 If needed, the CONSULTANT may attend additional Public Meetings and Neighborhood
Meetings as needed during the study. The CONSULTANT shall attend Planning Meetings
prior to the additional Public Meetings.
10.12 The CONSULTANT shall prepare a final Public Involvement Report to summarize the
materials used, meetings held, and comments received during each of the ADMS/P phases.
The Public Involvement Report will be provided in electronic format and will include a
complete stakeholder database.
SUPPORT TASKS
11
MEETINGS
The CONSULTANT may participate in specific meetings outlined below. The exact number of
these meetings will be negotiated for each work assignment. These meetings are held in addition
to Public Involvement and Stakeholder Meetings:
11.1
The CONSULTANT shall email the meeting agenda at least a day before the scheduled
meeting and the meeting minutes within a week of the meeting to the DISTRICT Project
Manager.
11.2
Kick-Off Meeting - The CONSULTANT shall meet with the DISTRICT to submit the
project schedule that shall include dates of all proposed submittals and review meetings,
significant project milestones, and to discuss the schedule and the tasks necessary to
accomplish it. The CONSULTANT shall bring the key Project Team members to the
meeting to introduce them to the DISTRICT staff working on the project. The meeting may
include a kick-off site visit held the same day.
11.3
Monthly Project Progress Meetings - The CONSULTANT shall meet monthly with the
DISTRICT’s Project Manager and Project Team to review the overall project status. The
CONSULTANT and SUBCONSULTANTS shall be prepared to provide status updates
and discuss any new or outstanding issues. Any problems shall be identified and discussed.
The CONSULTANT shall take notes/minutes of all regularly scheduled Project Review
Meetings. The Project Team will participate in approximately thirty-six (36) of these
meetings. 11.4 Data Collection Report Review Meeting - The CONSULTANT shall meet
with the DISTRICT staff to review the overall project status and to discuss the Data
Collection Report review comments that will be provided to the CONSULTANT at the
meeting. The CONSULTANT should be prepared to explain all information and any
assumptions made in the report. Any problems associated with the data collection effort
will be identified and discussed.
Contract FCD 2020C005
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Scope of Work
11.5
Modeling Meetings may be held at different stages of the FLO-2D modeling, pending on
the Project Team’s concurrence.
11.6
Existing Conditions Analysis Report Review Meeting - The CONSULTANT shall meet
with the DISTRICT’s Project Manager at an agreed upon time to review the overall project
status and to discuss the results of the assessment of the existing drainage infrastructure.
The CONSULTANT shall explain all assumptions and calculations completed up to this
point. Any problems will be identified, and corrective actions agreed upon at this meeting.
11.7
Identification of Flood Hazards - The CONSULTANT shall participate in an all-day
brainstorming session with the DISTRICT and other stakeholders to discuss existing
flooding problems, existing studies, past recommended plan drainage elements, and to
finalize the list of flood hazards and potential solutions.
11.8
The CONSULTANT shall participate in Stakeholders and Public Meetings. (See Task 9 -
Stakeholder Participation and Task 10 - Public Involvement for details of required public
meetings).
11.9
ADMS/P Submittal Review Meeting - The CONSULTANT shall meet with the
DISTRICT’s Project Manager to review the overall project status and to discuss the
existing conditions assessment and the potential flood hazards and mitigation alternatives
for a potential future ADMS/P. All calculations, findings, drawings, and the ADMS/P
report should be substantially complete for this meeting.
12 REPORTS/DELIVERABLES
The specific reports and deliverables will be determined in each work assignment. The items
listed below are examples of the types and potential content of the reports and deliverables.
12.1
All draft reports or documents shall be submitted to the DISTRICT for review in electronic
format. Upon receipt of review comments, the CONSULTANT shall incorporate
appropriate revisions and complete final documents. The following documents or reports
may be developed as a result of the ADMS/P work, in print and digital format:
• Data Collection Report;
• Project Survey Report;
• Hydrology and Hydraulics Report;
• ADMS U Report;
• Project Administration Report (digital format only);
• ADMS/P Report (if needed); and
• Floodplain Delineation TSDN (if needed).
The TSDN will be prepared in accordance with ADWR State Standard 1 Instructions for
Organizing and Submitting Technical Support Data Notebooks (TSDN) for Flood Studies,
ADWR, August 2012.
12.2
The CONSULTANT shall prepare an Executive Summary of the ADMS/P. Five (5) hard
and electronic copies of the ADMS/P report and separate bounded Executive Summary
reports shall be delivered to the DISTRICT. The CONSULTANT shall prepare five (5)
extra electronic copies of these reports to be distributed to the identified stakeholders. All
Contract FCD 2020C005
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Scope of Work
reports and documents shall be submitted to the DISTRICT for review in draft form. Upon
receipt of review comments, the CONSULTANT shall incorporate appropriate revisions
and complete the reports and documents.
12.3
The CONSULTANT shall submit all final documents sealed by a registered civil engineer
in the State of Arizona. Upon receipt of the final submittal, the DISTRICT will review the
report and potential preliminary plans for the accurate incorporation of all final comments.
If incomplete and/or incorrect incorporation of those comments is found, the original
documents shall be returned to the CONSULTANT for correction and re-submittal.
12.4
Reports, documents, figures, exhibits, and tables shall be submitted in a version of
Microsoft Word later than or equal to 6.0, and/or a version of Microsoft Excel later than or
equal to 97, or other acceptable software format as determined by the DISTRICT.
12.5
The CONSULTANT shall submit two (2) paper and electronic copies of each DRAFT
report, estimates, schedules or drawings to the DISTRICT.
12.6
The CONSULTANT shall submit up to five (5) paper copies and electronic copies in PDF
format of each final report, estimates, schedules or drawings to the DISTRICT. Agreed
upon electronic copies of the final deliverables shall be submitted to the DISTRICT for
distribution to the stakeholder agencies. The CONSULTANT shall submit computer files
of the information to the DISTRICT on electronic media acceptable to the DISTRICT.
12.7
The CONSULTANT may provide digital exhibits showing the general project features of
the possible flood control alternatives identified in the flood hazard mitigation plan. The
exhibits shall be made suitable for reproduction and publication for Public, Governing
Board, and Project Meetings.
12.8
The CONSULTANT may be required to provide associated reports if there is a need to
continue the study into an ADMS/P phase. ADMS/P Report(s) to include alternatives
analysis and recommended alternative, as well as 15% design plans. The ADMS/P report
will be:
• Organized with text, image and/or pictures to summarize each ADMS/P
problem area.
• Descriptions of potential solutions from the list of brainstormed ideas.
• General rough costs associated for each solution to include right-of-way needs,
design, and construction.
• 15% design plans to include plan (and profile if necessary) sheets, which
include identified major utility alignments (water, sewer, gas).