Extracted text (via pymupdf)
180653 characters
Project Name: Frye Road Protected Bike Lanes
Page 1
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
Frye Road Protected Bike Lanes
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Council Date: January 23, 2025
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________,
2025 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation,
("City''), and Consultant Engineering, Inc., an Arizona corporation, ("Consultant") (City and
Consultant may individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Construction Management Services for Frye
Road Protected Bike Lanes project as more fully described in Exhibit "A", which is attached
to and made a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to enter into an Agreement with Consultant to provide these services under
the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
Project Name: Frye Road Protected Bike Lanes
Page 2
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 950
calendar days after the Notice to Proceed (NTP) Date.
SECTION III--PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully
described in Exhibit “B” for performance of the services approved and accepted by City
under this Agreement must not exceed $1,411,913 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
Project Name: Frye Road Protected Bike Lanes
Page 3
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Daniel Haskins, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.Haskins@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Scott Riter, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3328 Email: Scott.Riter@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Consultant Engineering, Inc.
Mailing Address: PO Box 37167, Phoenix, AZ 85069
Physical Address: 10625 N. 25th Ave, Suite 200, Phoenix, AZ 85029
Statutory Agent Name: John Patterson
Statutory Agent Mailing Address:
PO Box 37167, Phoenix, AZ 85069
Statutory Agent Physical Address: 10625 N. 25th Ave, Suite 200
Phoenix, AZ 85029
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Brian Lizzet
Title:
Project Manager/Principal
Phone: 480.689.6472
Email:
blizzet@cei-az.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
the appropriate federal agency, has access to the subconsultants’ records to verify the
Project Name: Frye Road Protected Bike Lanes
Page 4
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
accuracy of all cost and pricing data. City reserves the right to decrease Agreement price or
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow City to audit their records to
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results
in a substantial change in this Agreement, thereby materially increasing or decreasing the
scope of services, cost of performance, or Project schedule, the work will be performed as
directed by City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work
or materials furnished by Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that City reserves the right, at its discretion and without cause, to
terminate or abandon any service provided for in this Agreement, or abandon any portion of
the Project for which services have been performed by Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and City. If there is no mutual agreement on payment, the final determination will
be made in accordance with the "Disputes" provision in this Agreement. However, in no event
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
the Parties agree on the final fee. If City is found to have improperly terminated the
Agreement for cause or default, the termination will be converted to a termination for
convenience in accordance with the provisions of this Agreement.
Project Name: Frye Road Protected Bike Lanes
Page 5
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys' fees and costs of claim processing, investigation and
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful,
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers'
compensation law or on account of the failure of Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
Project Name: Frye Road Protected Bike Lanes
Page 6
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
Project Name: Frye Road Protected Bike Lanes
Page 7
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding an Agreement
to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding an
Agreement to any natural person who cannot establish that such person is lawfully present
in the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of Agreement award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
Project Name: Frye Road Protected Bike Lanes
Page 8
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
Agreement with City, Consultant must first notify City as set forth in this Section of the request
or demand for the data. Consultant or its subconsultants must give City sufficient facts so
that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
Project Name: Frye Road Protected Bike Lanes
Page 9
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
Project Name: Frye Road Protected Bike Lanes
Page 10
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Subconsultant Documents with Consultant (if applicable)
Exhibit F - Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
Project Name: Frye Road Protected Bike Lanes
Page 11
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.45 License to City for Reasonable Use. With this Agreement, Consultant and its
subconsultants hereby grant a license to City, its agents, employees, and representatives for
an indefinite period of time to reasonably use, make copies, and distribute as appropriate
the Documents, works or deliverables developed or created as a result of the Project and this
Agreement. This license also includes the making of derivative works.
Project Name: Frye Road Protected Bike Lanes
Page 12
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“CITY” CITY OF CHANDLER
MAYOR
RECOMMENDED BY:
Daniel Haskins, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
CONSULTANT ENGINEERING, INC.
Signature
Date
Print Name
Title
Signer Email Address
12/16/2024
Brian C. Lizzet
Sr. Vice President
blizzet@cei-az.com
Project Name: Frye Road Protected Bike Lanes
Page A-1
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1
EXHIBIT “A”
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
(FHWA FUNDED PROJECTS)
PROJECT TASKS
1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Preconstruction Assistance
i. Consultant will have general project coordination with City and contractor (2
hours for PM, 16 hours for RE)
ii. Consultant must attend the pre-construction meeting. (2 hours each)
iii. Consultant will review project plans, documents and take pre-construction
photos (16 hours for Construction Inspector)
iv. Consultant must review and evaluate Contractor’s initial CPM schedule and
provide recommendations for acceptance. (16 hours for Scheduler)
v. Consultant will attend two (2) public meetings and a Transportation
Commission meeting (3 hours each meeting for PM and RE)
2.
CONSTRUCTION MANAGEMENT
A. Task 2.1 Weekly Construction Meetings
i. Consultant must conduct weekly construction meetings. Each meeting
includes agenda and minutes; Request for Information (RFI); Shop Drawing;
Request for Information (RFI); Field Directive (FD); Material Certification; and
Allowance Logs. Consultant assumes 76 weekly meetings will be held (3 hours
for RE, 1.5 hour for Admin, 0.5 hour for PM)
B. Task 2.2 CPM Schedule
i. Consultant must review and evaluate Contractor’s initial CPM schedule and
provide recommendations for acceptance.
ii. Consultant must review Contractor’s monthly CPM schedule updates
submitted with each payment application, identify CPM tasks behind schedule
that may affect critical path items, project substantial and final completion
dates and initiate correspondence to City regarding those tasks. Consultant
assumes 19 reviews of updated CPM schedule. (2 hours each review from
RE, 8 hours for 7 reviews from Scheduler)
C. Task 2.3 Requests for Information (RFI’s)
i. Consultant must review, evaluate, and respond to Contractor Requests for
Information (RFI’s); and prepare and maintain a submittal log of all RFI’s.
Consultant assumes a maximum of 45 RFI responses. (4 hours each reply.
Hours includes site visits, administration/coordination prior to RFI, for
RE, 10 hours for PM)
D. Task 2.4 Shop Drawing Submittals
i. Consultant must review, evaluate, and respond to Contractor shop drawing
submittals; and prepare and maintain a submittal log of all shop drawing
2
submittals. Consultant assumes a maximum of 45 reviews. (4 hours each
review for RE, 20 hours for Landscape Architect, 10 hours for PM)
E. Task 2.5 Requests for Proposal (RFP)
i. Consultant must prepare Requests for Proposal (RFP) documents detailing
requested additional work tasks; review and evaluate Contractor RFP
responses (cost derivations) with approval recommendations; and prepare
and maintain a submittal log list of all RFP’s. Consultant assumes 10 RFPs. (4
hours each for RE)
F. Task 2.6 Field Directives (FD’s)
i. Consultant must prepare Field Directive (FD) documents detailing requested
additional work tasks; review and evaluate Contractor FD responses with
approval recommendations; and prepare and maintain a submittal log list of
all FD’s. Consultant assumes 20 FD’s. (4 hours total for PM and 2 hours each
for RE)
G. Task 2.7 Contractor Payment Applications
i. Consultant must review and evaluate Contractor monthly payment
applications and make recommendation for payment; maintain a weekly
record of constructed pay quantities and compile monthly totals; and
coordinate payment application with the City quantity report and the
inspectors’ daily logs. Consultant assumes a maximum of 20 payment
applications, with 2 reviews each. (8 hours total for PM, 2 hours for RE each
month)
H. Task 2.8 Public Outreach
i. Consultant must provide public outreach services, whether by Consultant or
subconsultant. Tasks will include: create and maintain project website;
maintain a 24-hour bilingual project hotline to respond to inquiries,
complaints and maintain a call log; public weekly email updates; public
interactions with property owners as a liaison between property owners and
the
City;
coordination
meetings;
project
meetings;
public
meeting
coordination; federal funds required partnering process (project team
partnering meeting, maintaining status). (20 hours total for PM, 2 hours each
month for RE with PRC).
3.
CONSTRUCTION ADMINISTRATION
A. Task 3.1 Federal Compliance Administration
i. Consultant must provide administrative support to City staff for federal
reporting requirements. Consultant assumes 1 administrative Support for 19
months at 33 hours per month.
B. Task 3.2 Administrative Support
i. Consultant must provide administrative support to City staff throughout
project for 19 months. (40 hours/month for RE)
3
4.
CONSTRUCTION INSPECTION
A. Task 4.1 Inspection Services
i. Consultant must provide weekly construction inspection to verify materials
and installations conform to construction documents; prepare daily inspection
reports documenting Contractor construction activities and progress during
field inspection visits; and perform intermittent erosion control inspections.
Consultant assumes 1 inspector full time 40 hours per week for 19 months.
Inspector. Consultant is using a separate inspector for 3 months during
the Frye Road Manhole work that will overlap. Consultant assumes 10%
overtime for Construction
B. Task 4.2 Landscape / Irrigation Inspection Services
i. Consultant
must
provide
Irrigation
system
layout
and
installation
observations; attend and observe irrigation system pressure tests; and attend
1 nursery visit to tag and inspect plant material. Consultant assumes 8 site
visits. . (2 hours each site visit for Landscape Architect)
C. Task 4.3 Project Closeout
i. Consultant must compile non-conformance list prior to Substantial
Completion; schedule and conduct Substantial Completion inspection;
prepare Substantial Completion punch list generated from Substantial
Completion inspection; track items on punch list and note completed items;
and complete and distribute Substantial Completion certificates. (10 hours for
PM, 20 hours for RE and Inspector, 16 hours for Landscape Architect, 20
hours for Administrator)
ii. Consultant must schedule and conduct Final Completion inspection; and
complete and distribute Final Completion certificates. (20 hours for RE)
iii. Consultant must provide all documents in an electronic version that matches
the City’s filing system, so it can be imported into City’s files. (20 hours for RE)
iv. Consultant must participate in a meeting with City staff and Designer to review
request for information log to discuss lessons learned during the course of
construction. (4 hours for PM/RE)
5.
UTILITY COORDINATION
A. Task 5.1 Utility Coordination
i. Consultant must complete Acceptance of Construction (AOC) applications and
submit to MCESD for reclaimed water booster pump and potable water/sewer
improvements. (0 hours – this is completed by EOR)
ii. Consultant will help coordinate with APS and other utilities within the project
corridor. (2 hours/month for PM and 10 hours/month for RE)
6.
MATERIALS TESTING
A. Task 6.1 Quality Control (QC) Test Program
i. Consultant must review and verify Contractor’s Quality Control material test
type and frequencies are consistent with City, MAG, and ADOT requirements;
4
ii. review
and
evaluate
Contractor’s
QC
test
schedule
and
provide
recommendations on acceptance; and review and evaluate all Contractor
sampling, test, and inspection results for conformance with construction
documents. (1 hour total for PM, 2 total for RE)
B. Task 6.2 Quality Assurance (QA) Test Program
i. Consultant must prepare and maintain a materials Quality Assurance plan per
City, MAG, and ADOT requirements. QA plan will be reviewed and approved by
ADOT prior to initiating construction activities. (1 hour total for PM, 2
hours/month RE)
ii. Consultant must coordinate with Contractor’s testing representative to obtain
required QA tests and sample; complete sampling and compaction testing of
subgrade (including lime-stabilized subgrade base), aggregate base and
asphalt concrete materials in new asphalt concrete pavement areas; complete
sampling and compaction testing of subgrade, aggregate base (where
required) and concrete for new curbs, gutters, sidewalks and concrete
pavement and structures; and complete sampling and compaction testing of
backfill for new irrigation, sewer, water, storm drain pipe, and dry utilities. (1
hour total for PM; 1 hour/month for RE, coordination with QA
subconsultant)
C. Task 6.3 Material Certifications
i. Consultant must review and verify material certifications are met including
“Buy America” requirements; and prepare and maintain materials certificate
and “Buy America” requirement submittal log. (2 hours/month for RE,
remainder included in QA subconsultant fee)
D. Task 6.4 Independent Assurance (IA) Test Program
i. Consultant must provide 3rd party independent quality assurance sampling
and testing per the approved QA program produced in task 6.2.i. (1 hour total
for PM, 0.5 hour/month for RE, coordination with IA subconsultant).
7.
RECORD DRAWINGS
A. Task 7.1 Record Drawings
i. Review and monitor Contractor’s weekly updates on red-line drawing set. (2
total hours for PM, 20 hours for RE. Also included in Construction
Inspector’s weekly duties).
ASSUMPTION, CLARIFICATIONS, AND EXCLUSIONS
1.
Application fees for City reviews and permits will be paid by CITY.
2.
The Owner’s Allowance will only be utilized with prior written approval from the City
representative.
3.
Contract work must be performed in accordance with Exhibit D Title VI Assurances Appendix
A and Exhibit E Title VI Assurances Appendix E.
Project Name: Frye Road Protected Bike Lanes
Page B-1
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
EXHIBIT “B”
COMPENSATION AND FEES
Task
Cost
1
1.1
$13,565.00
13,565.00
$
2
2.1
$65,830.00
2.2
$16,740.00
2.3
$36,550.00
2.4
$39,450.00
2.5
$7,600.00
2.6
$16,140.00
2.7
$9,480.00
2.8
$12,300.00
204,090.00
$
3
3.1
$72,105.00
3.2
$144,400.00
SUBTOTAL TASK 3:
216,505.00
$
Public Outreach
CONSTRUCTION ADMINISTRATION
Pre-Construction Assistance
EXHIBIT "B-1"
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
(FHWA FUNDED PROJECTS)
FEE SCHEDULE
Description
PRE-CONSTRUCTION ASSISTANCE
Requests for Proposal (RFP)
CPM Schedule
Requests for Information (RFI)
CONSTRUCTION MANAGEMENT
SUBTOTAL TASK 1:
SUBTOTAL TASK 2:
Shop Drawing Submittals
Weekly Construction Meetings
Field Directive (FD)
Administrative Support
Contractor Payment Applications
Federal Compliance Administration
Page 2
4
4.1
$468,780.00
4.2
$3,480.00
4.3
$22,770.00
495,030.00
$
5
5.1
$45,030.00
45,030.00
$
6
MATERIALS TESTING
6.1
$615.00
6.2
$7,455.00
6.3
$7,220.00
6.4
$2,135.00
17,425.00
$
7
7.1
$4,270.00
4,270.00
$
58,500.00
$
138,303.00
$
6,195.00
$
133,000.00
$
335,998.00
$
80,000.00
$
80,000.00
$
1,411,913.00
$
SUBTOTAL TASK 4:
SUBTOTAL TASK 5:
SUBTOTAL TASK 6:
QC Test Program
Landscape/Irrigation Inspection Services
Project Closeout
UTILITY COORDINATION
Inspection Services
CONSTRUCTION INSPECTION
Record Drawings
Material Certifications
IA Test Program
RECORD DRAWINGS
QA Test Program
Utility Coordination
Owner's Allowance
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
SUBTOTAL TASK 7:
SUBTOTAL SUBCONSULTANTS:
Makinen Professional Services
WSP, Inc.
Tristar Engineering and Management, Inc.
SUBCONSULTANTS
ALLOWANCES
Quality Testing, LLC
Classification
Hours
Hourly Rate
Cost
Pre-construction Phase - 1 month
Project Manager/Senior RE (Brian Lizzet)
13
$235.00
$3,055.00
Resident Engineer (Paul Vidmar)
27
$190.00
$5,130.00
Inspector (Josh Cantrell)
18
$135.00
$2,430.00
Inspector (TBD)
0
$115.00
$0.00
Schedule Reviewer (Dan Ross)
16
$170.00
$2,720.00
Landscape Architect (Mark Schalliol)
0
$145.00
$0.00
Administrator/Manager (Shanelle Barber)
2
$115.00
$230.00
Subtotal Pre-construction
$13,565.00
Construction Phase - 19 months
Project Manager/Senior RE (Brian Lizzet @ 4%)
133
$235.00
$31,255.00
Resident Engineer (Paul Vidmar @ 57%)
1864
$190.00
$354,160.00
Inspector (Josh Cantrell 17 mos @ 100%)
2924
$135.00
$394,740.00
Inspector Overtime (Josh Cantrell @ 10%)
30
$202.50
$6,075.00
Inspector (TBD 3 mos @ 100%)
516
$115.00
$59,340.00
Inspector Overtime (TBD @ 10%)
50
$172.50
$8,625.00
Schedule Reviewer (Dan Ross @ 1.7%)
56
$170.00
$9,520.00
Landscape Architect (Mark Schalliol @ 1.4%)
44
$145.00
$6,380.00
Administrator/Manager (Shanelle Barber at 22%)
741
$115.00
$85,215.00
Subtotal Construction
$955,310.00
Post-Construction/Close-Out Phase - 2 months
Project Manager/Senior RE (Brian Lizzet)
16
$235.00
$3,760.00
Resident Engineer (Paul Vidmar)
84
$190.00
$15,960.00
Inspector (Josh Cantrell)
20
$135.00
$2,700.00
Landscape Architect (Mark Schalliol)
16
$145.00
$2,320.00
Administrator/Manager (Shanelle Barber)
20
$115.00
$2,300.00
Subtotal Post-Construction
$27,040.00
TOTAL
$995,915.00
Subconsultants
Makinen Professional Services
$58,500.00
Quality Testing, LLC
$138,303.00
WSP, Inc.
$6,195.00
Tristar Engineering and Management, Inc -
$133,000.00
Subconsultants Subtotal
$335,998.00
Owner's Allowance
Owner's Allowance
$80,000.00
Total Cost
$1,411,913.00
Limitations & Conditions and Assumptions:
All rates are loaded rates and include all equipment, trucks, cell phones, laptops, gas, maintenance, Citrx Sharefile and office supplies.
Pre-construction and post-construction hours are based on anticipated tasks as per the scope of work.
Fee based on Construction duration of 19 months / 570 calendar days + 30 days start up and 60 days close out
Inspector will be fully equipped with vehicles, computers, cell phones, inspector tools, camera, and equipment required to perform their tasks.
Overtime hours for field staff will be billed at 1.5 times the billing rate
Subconsultants' schedule of efforts and cost break-down is attached.
CM Services Fee Proposal (Exhibit B-2)
Frye Road Improvements
City of Chandler Project No. ST2106.451 | Federal Number: CHN-0(250)D | ADOT Project No. T031701C
Cost Proposal - November 2024
Project Name: Frye Road Protected Bike Lanes
Page C-1
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
EXHIBIT “C”
INSURANCE REQUIREMENTS
1.
General.
1.1 At the same time as execution of this Agreement, Consultant must furnish City a certificate
of insurance on a standard insurance industry ACORD form. The ACORD form must be
issued by an insurance company authorized to transact business in the State of Arizona
possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do
business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement will not be deemed to apply to required Workers’
Compensation coverage.
1.2 Consultant and any of its subconsultants must procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
1.3 The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are
sufficient to protect Consultant from liabilities that might arise out of the performance of
the Agreement services under this Agreement by Consultant, its agents, representatives,
employees, subconsultants, and Consultant is free to purchase any additional insurance as
may be determined necessary.
1.5 Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve Consultant from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
1.6 Use of subconsultants: If any work is subcontracted in any way, Consultant must execute a
written Agreement with subconsultant containing the same Indemnification Clause and
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is
responsible for executing the Agreement with the subconsultant and obtaining Certificates
of Insurance and verifying the insurance requirements.
2.
Minimum Scope and Limits of Insurance. Consultant must provide coverage with limits of
liability not less than those stated below.
2.1 Professional Liability. If the Agreement is the subject of any professional services or work
performed by Consultant, or if Consultant engages in any professional services or work
adjunct or residual to performing the work under this Agreement, Consultant must maintain
Professional Liability insurance covering errors and omissions arising out of the work or
services performed by Consultant, or anyone employed by Consultant, or anyone whose
acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit of
$1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
Project Name: Frye Road Protected Bike Lanes
Page C-2
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
completion and acceptance of the work or services, and Consultant, or its selected Design
Professional will submit Certificates of Insurance as evidence the required coverage is in
effect. The Design Professional must annually submit Certificates of Insurance citing that the
applicable coverage is in force and contains the required provisions for a 3 year period.
2.2 Commercial General Liability-Occurrence Form. Consultant must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Consultant must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles
assigned to or used in the performance of Consultant’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
2.4 Workers Compensation and Employers Liability Insurance: Consultant must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
3.
Additional Policy Provisions Required.
3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by City. If not approved, City may require that the insurer reduce or
eliminate any deductible or self-insured retentions with respect to City, its officers, officials,
agents, employees, and volunteers.
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage.
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained
by City, its officers, officials, agents, and employees will be in excess of the coverage
provided by Consultant and must not contribute to it.
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
Project Name: Frye Road Protected Bike Lanes
Page C-3
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
3.1.5. The policies must contain a severability of interest clause and waiver of subrogation
against City, its officers, officials, agents, and employees, for losses arising from Work
performed by Consultant for City. (Does not apply to Professional Liability coverage.)
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of 3
years following completion and acceptance of the Work. Consultant must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
3-year period containing all the Agreement insurance requirements, including
naming City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will
reasonably rely upon the Certificate of Insurance as evidence of coverage, but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
3.2. Insurance Cancellation During Term of Agreement.
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant
must forward renewal or replacement Certificates to City within 10 days after the
renewal date containing all the required insurance provisions.
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must
provide the required coverage and must not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to City, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice must be sent directly to Chandler Law-Risk Management
Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any
insurance company refuses to provide the required notice, Consultant or its
insurance broker must notify City of any cancellation, suspension, non-renewal of any
insurance within seven (7) days of receipt of insurers’ notification to that effect.
3.3
City as Additional Insured. The policies are to contain, or be endorsed to contain, the following
provisions:
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or
be endorsed to contain, the following provisions: City, its officers, officials, agents,
and employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, Consultant; Products and Completed operations of
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant.
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by Consultant even if those limits of liability are in
excess of those required by this Agreement.
Project Name: Frye Road Protected Bike Lanes
Page D-1
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
EXHIBIT “D”
SPECIAL CONDITIONS
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.
Project Name: Frye Road Protected Bike Lanes
E-1
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/12/2024
EXHIBIT “E”
SUBCONSULTANT DOCUMENTS WITH CONSULTANT
Any subconsultant assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the Consultant and their
subconsultants, and do not apply to the Agreement between the Consultant and
the City.
MakPro Services, LLC
2036 N. Gentry • Mesa, AZ 85213
Office: 480-890-1927
Email: teresa@makprosvc.com
November 14, 2024
Mr. Brian Lizzet
Consultant Engineering, Inc.
135 E Chilton Dr., Suite 101
Chandler, AZ 85225
Dear Brian:
MakPro Services, LLC (MakPro) is pleased to provide the following proposal for public outreach
services for the City of Chandler’s Frye Road Protected Bike Lanes (PBL) Project (ST2106.451
CHN0250D T031701C), which will upgrade the existing Frye Road bicycle route to connect the
surrounding neighborhoods to Downtown Chandler and the Paseo Trail System. The
improvements include a protected and/or separated bicycle lane from 0.5 miles west of Arizona
Avenue at approximately Fairview Street to the Paseo Trail at the Consolidated Canal. The
improvements will include mill and overlay of the roadway, new median landscaping and
irrigation, new prefabricated concrete medians, ADA upgrades, traffic signal CCTV upgrades,
and storm drain improvements. Public outreach is an important element in projects, such as this
that impact neighboring residents and businesses and provides a link between the project and
the community it impacts. The City of Chandler has developed a strong relationship with its
schools, residents, and businesses, and during design MakPro was on-team to assist in the
interaction with nearby stakeholders so it will be important to continue this communication into
construction. Many times, this link is all that is needed to help a project run more smoothly.
There are a variety of public outreach tools which can be used to establish appropriate
communication with the effected stakeholders of a project. The services included in this scope
and fee are based on our previous project experience with Chandler and CEI, and previous
experience during design for this project. This estimate is based on an estimated 21-month
construction schedule. In addition, the public outreach services have been categorized into
tasks; however, adjusting one task may require adjustment of other tasks as there are
economies of scale and efficiencies embedded in the cost estimate.
Please take a moment to review this scope and cost estimate and if I’ve missed or
misunderstood any of the project characteristics, or if you’d like to customize this proposal in
some other way, please let me know.
Task 1: Pre-Construction Meeting, Partnering Meeting, Project Progress Meetings
MakPro will prepare for and attend the pre-construction meeting, coordinate and facilitate the
partnering meeting, and attend progress meetings during construction (21 months ~ 90
meetings) to understand community impacts. It’s assumed progress meeting will be virtual but
may, at times, need to be in-person.
Mr. Brian Lizzet, Consultant Engineering, Inc.
November 14, 2024
Public Outreach Svcs – Frye Road Protected Bike Lanes (PBL) (ST2106.451 CHN0250D T031701C)
Task 2: Public Meetings & Transportation Commission Meetings
MakPro will plan, prepare for and attend two public meetings, both to be conducted on the
same day at different times to accommodate nearby residents and businesses, for which one
notice will be provided. MakPro will also assist the team in preparing for a Transportation
Commission meeting.
Task 3: Community Construction Notices & Coordination
Prior to start of construction, MakPro shall develop, print, coordinate and mail one printed pre-
construction notice to project area businesses and residents, and also those property owners
directly adjacent to the work area. As this is a federal project, collateral will be provided in
English, Spanish and Mandarin languages. It is expected that, due to the length of the project,
there may be a need for a second mailer to the project area to update residents on the
progress.
MakPro will assist the construction management team with coordination for school access and
transportation, and compile contact information for interested residents, HOAs and businesses
for use by the project team to better schedule construction-related impacts. Reimbursable
expenses for postage/printing/translation of pre-construction notices are included as part of this
estimate. Based on our previous experience in this area during design, this would be a 1/4-mile
radius distribution area from Fairview Street to the Consolidated Canal, with approx. 1,550
pieces. Additional costs have been included for more targeted notifications for isolated
conditions such as access restrictions or night work, should those be needed.
Task 4: Project Communications
Project Webpage: MakPro shall coordinate information to maintain and update the existing
project webpage for the project on ChandlerAz.gov, which is capable of multilingual
information, and includes information related to the project design, construction schedule and
how to contact the project team.
Project E-Updates: MakPro shall prepare regular email updates with upcoming construction
schedule information and maintain a distribution list of those interested in the project.
Project Hotline: MakPro will maintain a 24-hour bilingual project hotline to respond to inquiries
or complaints, maintain a call log and coordinate with the project team to respond to calls.
The total cost for public outreach services as identified above and based on a 21-month
project schedule should not exceed $58,500.00, which includes an $11,700 estimate
for printing, distribution and translation costs. This cost estimate assumes a labor rate of
$120/hour for principals and $100/hour for associates. The project hotline is billed at $300/mo
for availability 24/7, and progress meetings have a one-hour minimum. Excluded from this
estimate are any unusual out-of-pocket expenses requested by the sponsor. It should be noted
that reimbursable expenses for this project have been estimated, based on an approximate 1/4-
mile boundary for distribution. This estimate also incorporates efficiencies from one task/activity
to another, so removal of an activity may require an adjustment of hours in other activities.
Mr. Brian Lizzet, Consultant Engineering, Inc.
November 14, 2024
Public Outreach Svcs – Frye Road Protected Bike Lanes (PBL) (ST2106.451 CHN0250D T031701C)
This proposal assumes any displays, exhibits, engineering designs or details, required for public
information will be provided by the owner, the design engineer, or the contractor. MakPro is not
responsible for documenting existing property conditions, project signage, traffic signage, or
direct door hanger notifications for residential service interruptions, such as water outages, or
access restrictions as required for the contractor’s work. Changes of substance to this proposal
during the project may affect the final cost.
Activity
Principal Hrs
($120/hr)
Associate
Hrs ($100/hr)
Total
Public Outreach Services
Task 1: Pre-construction, Partnering, Progress Meetings
80
20
$11,600
Task 2: Public Meetings & Transportation Commission
(Printing/postage for approx. 1,550 notices)
(Translator/Interpreter Costs)
15
30
$4,800
3,000
1,800
Task 3: Community Construction Notices & Coordination
(Printing/distribution (2 mailings @ approx. 1,550
pieces each / add’l mailings for isolated events)
(Translator Costs)
60
40
$11,200
6,100
800
Task 4: Project Communications
(Hotline: 22 mos @ $300/mo)
80
30
$12,600
6,600
Total
$58,500
Thank you for the opportunity to work with CEI and the City of Chandler on this project.
Should you have questions or need additional information related to this proposal, please feel
free to contact me at (480) 890-1927.
Sincerely,
Teresa Makinen
PROJECT NAME :
SCOPE OF SERVICES:
LABOR FEES
LABOR
TYPE
REG
HOURS
REGULAR
RATE
ASS'D
% OT
OVERTIME
HOURS
OVERTIME
RATE(1)
EXTENDED
LABOR COST
Direct
4
284.00
$
0%
0
284.00
$
1,136.00
$
Direct
142
171.00
$
0%
0
171.00
$
24,282.00
$
Direct
71
114.00
$
0%
0
114.00
$
8,094.00
$
Direct
884
76.00
$
0%
0
114.00
$
67,184.00
$
Indirect
354
-
$
0%
0
-
$
-
$
0
-
$
0%
0
-
$
-
$
0
-
$
0%
0
-
$
-
$
0
-
$
0%
0
-
$
-
$
SUBTOTAL DIRECT LABOR
100,696.00
$
VEHICLE AND PER-DIEM CHARGES
NO.
UNITS
UNITS
UNIT
PRICE
EXTENDED VEHICLE
AND PER-DIEM
232
EA
75.00
$
17,400.00
$
0
-
$
-
$
SUBTOTAL VEHICLE AND PER-DIEM CHARGES
17,400.00
$
OTHER PROJECT DIRECT CHARGES
NO.
UNITS
UNITS
UNIT
PRICE
EXTENDED OTHER
PROJECT CHARGES
-
$
-
$
-
$
-
$
SUBTOTAL OTHER PROJECT DIRECT CHARGES
-
$
LAB TESTING FEES
NO.
UNITS
UNITS
UNIT
PRICE
EXTENDED
LABORATORY FEES
128
EA
18.00
$
2,304.00
$
6
EA
75.00
$
450.00
$
6
EA
85.00
$
510.00
$
4
EA
120.00
$
480.00
$
18
EA
125.00
$
2,250.00
$
18
EA
75.00
$
1,350.00
$
18
SET OF 2
190.00
$
3,420.00
$
18
SET OF 3
155.00
$
2,790.00
$
30
EA
20.00
$
600.00
$
30
EA
30.00
$
900.00
$
2
EA
1,130.00
$
2,260.00
$
4
EA
699.00
$
2,796.00
$
1
EA
97.00
$
97.00
$
TOTAL LABORATORY TESTING FEES
20,207.00
$
TOTAL ESTIMATE OF ALL FEES
138,303.00
$
Estimator
PROPOSAL SUMMARY
Frye Road Protected Bike Lanes
Quality Control Testing
Date
Mike Young, Project Manager
November 6, 2024
DESCRIPTION
Trip Charge
DESCRIPTION
Ignition Oven - Gradation (ASTM C136, AASHTO T27)
Gyratory Compaction (ASTM D6925, D2726, AASHTO T312, T166)
Maximum Specific Gravity of HMA Mixture (ASTM D2041, T209)
Core Bulk Specific Gravity/Thickness (ASTM D2726, AASHTO T166)
DESCRIPTION
Sieve Analysis (ASTM C136, C117, AASHTO T27, T11)
Plasticity Index, Dry Prep (ASTM D4318, AASHTO T89, T90)
Proctor, Standard (ASTM D698, AASHTO T99)
Ignition Oven - Asphalt Cement Content (ASTM D6307, AASHTO T308)
Compressive Strength, Cylindrical Specimen (ASTM C39, AASHTO T22)
Drill AC Cores (up to 8" thickness)
Emulsion Verification, RS-1, RS-2, SS-1, SS-1h (ASTM D977, AASHTO M140)
Ignition Oven - Calibration (per mix) (ASTM D6307, AASHTO T308)
Fractured Particles in CA (Fractured Faces) (ASTM D5821)
(1) Regular Rate X Overtime Premium of 1.5
CLASSIFICATION
Registered Professional Engineer
Project Manager
Project Materials Coordinator
Materials Technician
Lab Technician
COST PROPOSAL, 11/12/2024
PROJECT NAME :
DATE:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D-25
J-26
F-26
M-26
A-26
M-26
J-26
J-26
A-26
S-26
O-26
N-26
D-26
J-27
F-27
M-27
A-27
M-27
J-27
J-27
A-27
S-27
O-27
N-27
22
20
19
22
22
20
22
22
21
21
22
19
22
19
19
23
22
20
22
21
22
21
21
19
0.02
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0%
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0%
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0%
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0%
0%
0%
0%
0.08
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.06
0.00
0.00
0.00
0%
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.25
0.00
0.00
0.00
0%
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.00
0.00
0.00
0%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.43
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.41
0.00
0.00
0.00
0%
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0
0
0
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0
0
0
ESTIMATED MONTHLY FTES
TOTAL VEHICLES
217 m-h
m-h
354 m-h
TOTAL ACTUAL POSITIONS
21
ABOVE PERIOD - MONTHLY FULL TIME EQUIV. (FTEs)
TOTAL FTEs (SUBCONTRACTED LABOR)
884 m-h
1455 m-h
Project Manager
Project Materials Coordinator
Materials Technician
Lab Technician
71 m-h
354 m-h
m-h
m-h
m-h
71 m-h
884 m-h
m-h
354 m-h
m-h
m-h
m-h
m-h
November 6, 2024
PROJECT PERSONNEL /
SUB CONSULTANT MAN-HOURS
4 m-h
Registered Professional Engineer
142 m-h
m-h
m-h
4 m-h
142 m-h
DEC 2025 through NOV 2027
CONSULTANT :
SUBTOTAL
REGULAR
HOURS
%
OT
SUBTOTAL
O/T
TOTAL
Frye Road Protected Bike Lanes
QT
SCHEDULED PROJECTED MAN-HOURS
TOTAL FTEs (DIRECT LABOR & VEHICLE)
TOTAL FTEs (ALL LABOR CLASSES)
TOTAL FTEs (INDIRECT LABOR ONLY)
TOTAL FTEs (DIRECT LABOR ONLY)
1455 m-h
354 m-h
884 m-h
217 m-h
m-h
m-h
m-h
884 m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
21
SCHEDULED PROJECT MAN-HOURS, 11/12/2024
November 15, 2024
WSP Proposal No. PB23-10-04.Rev1
Brian Lizzet
Consultant Engineering Inc.
blizzet@cei-az.com
Re:
Independent Assurance Testing – City of Chandler – Frye Road Protected Bike Lane
WSP USA Environment & Infrastructure Inc. (WSP) is pleased to present you with our fee estimate to
provide independent assurance sampling and testing. The attached cost includes independent assurance
testing for ABC, subgrade, asphaltic concrete, concrete, and laboratory testing.
Based on the IA test quantities provided by CEI, WSP anticipates providing services on a time and
materials basis for $6,195.00. The unit rates used to prepare this estimate are attached to this proposal.
The fee estimate includes: Technician time on-site with equipment necessary to sample independent
assurance samples and deliver to WSP Phoenix Laboratory. Testing and inspection services not included
within the fee estimate are excluded from this fee estimate.
The fee estimate excludes: Overtime, which will be billed for more than 40 hours per week with the week
starting on Saturday, and holidays. Process control testing on the production materials not included
within the fee estimate are the responsibility of the respective supplier.
WSP appreciates the opportunity to provide this fee estimate and looks forward to working with you on
the referenced project. Please feel free to contact us if you have any questions or would like any additional
information.
Respectfully submitted,
WSP USA Environment & Infrastructure Inc.
Mike Manygoats
John Lyons
Field Services Manager
Materials Laboratory Manager
Cell Phone: (480) 616-8705
Cell Phone: (480) 580-7051
Email: mike.manygoats@wsp.com
Email: john.lyons@wsp.com
3630 E Wier Avenue
Phoenix, AZ, 85040
wsp.com
ABC / Subgrade / Concrete
Rate
Unit # Units
Total
$85.00
Hour
12
$1,020.00
$105.00
Hour
$0.00
$120.00
Each
4
$480.00
Subtotal:
$1,500.00
Rate
Unit # Units
Total
$85.00
Hour
4
$340.00
$105.00
Hour
$0.00
Field Technician - portal to portal
Field Technician - (Overtime) Over 40 hours per week
Vehicle Charge
Asphaltic Concrete
Field Technician - portal to portal
Technician - (Overtime) Over 40 hours per week
Vehicle Charge
$120.00
Each
1
$120.00
Subtotal:
$460.00
Engineering Services
Rate
Unit # Units
Total
Project Manager
$200.00
Hour
10
$2,000.00
Subtotal:
$2,000.00
Laboratory Testing
Rate
Unit # Units
Total
Sieve Analysis
$95.00
Each
2
$190.00
Liquid Limit and Plastic Limit (Plasticity Index), wet prep
$120.00
Each
1
$120.00
Liquid Limit and Plastic Limit (Plasticity Index), dry prep
$95.00
Each
1
$95.00
Standard Proctor
$135.00
Each
2
$270.00
Fractured Faces
$110.00
Each
1
$110.00
Compressive Strength of Concrete (2 sets of 4 cylinders)
$20.00
Each
8
$160.00
Ignition Calibration
$750.00
Each
1
$750.00
Ignition Gradation
$225.00
Each
1
$225.00
Rice
$155.00
Each
1
$155.00
Gyratory
$160.00
Each
1
$160.00
Subtotal:
$2,235.00
$6,195.00
Page 2 of 2
Independent Assurance Sampling and Testing Fee Estimate
WSP Proposal Number: PB23-10-04.Rev1
City Project No.: ST2106.401; Federal No.: CHN0250D; ADOT No.: T031701C
Concrete
Fee Estimate Date: November 15, 2024
Soils & Aggregate
Materials Testing Fee Estimate:
Asphaltic Concrete
City of Chandler - Frye Road Protected Bike Lane
Corporate Office
Chandler Office
Gilbert Office
Tucson Office
10625 N. 25th Avenue
135 E. Chilton Drive
175 S. Hamilton Place
3161 E. 47th Street
Suite 103
Suite 201
Bldg. 6, Suite 113
Tucson, AZ 85713
Phoenix, AZ 85029
Chandler, AZ 85225
Gilbert, AZ 85233
Mailing Address: PO Box 35278, Phoenix, AZ 85069-5278
Tel: (602) 288-5594 Fax: (602) 288-5592
November 6, 2023
Brian Lizzet, P.E., CCM
Consultant Engineering Inc.
135 E. Chilton Drive, Suite 101
Chandler, AZ 85225
Re:
Frye Road Protected Bike Lane Project
Project No.: ST2106.451; Federal Project No.: CHN-0(250)D; ADOT No.: T031701C
Construction Inspection Services Cost Proposal
Mr. Lizzet,
Thank you for including Tristar Engineering and Management, Inc. (Tristar) on your Team, and
the following represents our proposal for services on this project.
Tristar’s Inspection Services scope for this project is limited to field electrical inspection during
the installation of the new roadway lighting system, ITS conduit and component installation,
minor signal other related dry utility work within the project limits including:
Task 1.1: Pre-Construction Assistance: Tristar’s inspector will prepare for, assist and support
CEI in preparation for the meeting and will attend the pre-construction meeting.
Task 4.1: Inspection Services: Assuming the signal, lighting and ITS work will be scheduled by
the contractor in a reasonably sequential and continuous manner over a period of 6 months,
Tristar’s Electrical Inspector will daily document the contractor’s work and progress on
Chandler approved forms and provide an accurate accounting of the accepted work, for each
item for payment and to support CEI in assembling the final Record Drawings.
Insp. Hrs
Activity
($125 /hr)
Total
Task 1.1: Pre-Construction Assistance
8
$1,000.00
Task 4.1: Inspection Services
960
$120,000.00
Subtotal:
$121,000.00
Overtime Allowance
$12,000.00
Total:
$133,000.00
ST2106.451; CHN-0(250)D; T031701C
Page 2
Tristar’s billing rate includes all direct and indirect expenses to perform field inspection on the
project, which include providing Tristar’s inspector with a company-owned vehicle; field
computer and mobile internet access to maintain communication and provide support to CEI;
common construction safety personal protective equipment; and non-specialty inspection tools
to perform measurement of quantities at the project site. Excluded from this estimate are any
rental or purchase of specialty electronic measuring devices or other unusual out-of-pocket
expenses, which will be accounted for by CEI as the Prime Consultant.
Thank you again for including Tristar on your Team. I look forward to your favorable review
and hopeful we can work together on this project. Should you have questions or need
additional information, feel free to contact me at 602-568-4661.
Sincerely,
John Akin, PE
Principal
Project Name: Frye Road Protected Bike Lanes
Page F-1
City Project No. ST2106.451; Federal No. CHN-0250D; ADOT No. T031701C
Rev. 1/24/2024
EXHIBIT “F”
FEDERAL REQUIREMENTS
FEDERAL REQUIREMENTS
AND
DOCUMENTS / FORMS
FOR
SOQ - PROFESSIONAL SERVICES
DBE Goal 0% – Race Neutral
This is a federal funded contract with Federal Highway Administration (FHWA)
and must comply with all related federal requirements.
FEDERAL DOCUMENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
(for Professional Services RFQ/SOQ & Contract with 0% DBE Goal -DBE Race Neutral)
1.0
Requirements of the Consultant for SOQ Submittal
2.0
City SOQ Proposal Certifications Form
3.0
Lobby Certification
4.0
Verifications Statement
5.0
Prompt Pay Provisions
6.0
Title VI Assurance, Appendix A and E
7.0
Records Retention
8.0
Federal Immigration and Nationality Act
9.0
Buy America / Build America-Buy America Requirements
10.0
DBE EPrise
11.0
DBE Documents
11.1
DBE Documents Instructions / Guide
11.2
ADOT On-Line Bidders-Proposers List
11.3
DBE Form 3210PS Final Payment
12.0
Payment Requests
12.1
Pay Application Request Form
12.2
Subconsultant Summary Form
13.0
Subconsultant / Subcontract Requirements
14.0
Forced Labor Ethnic Uyghurs Form
1.0
CONSULTANT REQUIREMENTS
FOR SOQ SUBMITTAL
2023-04-10
Consultant Requirements for SOQ Submittal-Pg 1 of 2
1.0
CONSULTANT REQUIREMENTS
FOR SOQ SUBMITTAL
This contract is a federal funded contract with Federal Highway Administration (FHWA) and must comply
with all related federal requirements.
1.1
REQUIRED LICENSURE AND REGISTRATION
SOQs will be accepted from any prime Consultant prequalified through the Arizona Department of
Transportation (ADOT) Engineering Consultants Section (ECS) and properly registered with the Arizona
Board of Technical Registration (BTR) at the time the SOQ is submitted to the City. This contract does
require a Principal or Officer of the Firm responsible for this contract that is properly registered with the
BTR at the time of SOQ submittal. It is the prime Consultant’s responsibility to verify that all
Subconsultants, in the SOQ submittal, have the proper Arizona licenses and registrations, and DBE
certification if applicable, for the services to be performed under this contract.
1.2
PRE-QUALIFICATION
In order to submit an SOQ, the prime Consultant must have on file with ADOT ECS a current
Prequalification Application/Statement. Subconsultants are not required by ADOT ECS or the City to be
prequalified, but are encouraged to do so. ADOT ECS currently prequalifies firms on a bi-annual basis.
Further information regarding the prequalification process can be found at the following ADOT ECS
website:
https://www.azdot.gov/business/engineering-consultants/consultant-prequalification
Obtaining prequalification does not mean the firm is under contract or entitled to receive a contract.
Obtaining prequalification means the firm has met minimum requirements to submit qualifications to be
considered/evaluated for this project.
The City will review prequalification status with ADOT ECS at the time of SOQ due date. If the firm is not
prequalified on the SOQ submittal date, the SOQ will be rejected.
1.3
AUDIT & ANALYSIS REQUIREMENTS
Within two (2) weeks after receiving notice of selection, the selected prime Consultant(s) and its
Subconsultant(s) must submit financial documentation to ADOT Office of Audit & Analysis (A&A). If the
selected prime Consultant(s) and its Subconsultant(s) have recently submitted their most current
financial documents to ADOT A&A, contact ADOT A&A at (602) 712-7042 to inquire if you need to
resubmit financial documents. Additionally, the selected prime Consultant(s) and its Subconsultant(s)
are required to comply with ADOT Consultant Audit Guidelines.
To review the ADOT Consultant Audit Guidelines, use the following link:
http://www.azdot.gov/docs/default-source/ecs/consultant-audit-guidelines.pdf
To review the ADOT Consultant Audit Criteria (Information Bulletins 08-03 & 09-04), use the following
links:
http://www.azdot.gov/docs/businesslibraries/08-03.pdf
http://www.azdot.gov/docs/businesslibraries/09-04.pdf
Prime Consultants and its Subconsultants that propose on an overhead basis must have their Schedule
of Indirect Costs and Financial Statements available for review by ADOT A&A within six (6) months of
the completion of the Consultant’s preceding fiscal year-end (FYE). For example, a Consultant
with December 31, 2013, FYE must have the required information available no later than June 30,
2014. Noncompliance with this requirement will be considered failed negotiations unless
waived in writing by the State.
The items outlined above represent the information needed to begin the audit review process. Additional
information and supporting documentation may be requested. Failure to comply with audit requirements
2023-04-10
Consultant Requirements for SOQ Submittal-Pg 2 of 2
within the established timeframes may be considered failed negotiations. Questions regarding ADOT’s
audit requirements or related information must be directed to ADOT A&A at (602) 712-7042.
The Consultant understands that a compliant accounting system is required in accordance with
Generally Accepted Accounting Principles (GAAP), Federal Acquisition Regulation (FAR) of Title 48,
Code of Federal Regulations (CFR)-Part 31, applicable Cost Accounting Standards (CAS), and ADOT
Advance Agreement Guideline.
1.4
STATE OF ARIZONA LOCAL OFFICE REQUIREMENTS
All selected prime Consultant(s) must establish a local office in the State of Arizona prior to the contract
Notice to Proceed (NTP) date if a local office does not already exist.
1.5
NOT ALLOWED IN SOQ SUBITTAL
Inclusion of cost, work-hour, and plan-sheet estimates are not allowed in the SOQ.
1.6
BIDDERS-PROPOSERS LIST EMAIL VERIFICATION
See the DBE Documents section for instructions. This email verification document must be submitted
with SOQ and is not included in the limited page count submittal requirements.
After contract award, a firm may request a debriefing with the City’s Project Manager.
2.0
SOQ PROPOSAL CERTIFICATION FORM
(SUBMIT WITH SOQ)
2020-04-27
SOQ Certification Form Pg 1 of 2
CITY OF CHANDLER
SOQ PROPOSAL CERTIFICATION FORM
CONSULTANT NAME:
______________________________________________________________
PROJECT NAME
CITY PROJECT NO
FEDERAL NO
ADOT NO
The statements below are to ensure Consultants are aware and in agreement with Federal, State, and City of
Chandler Guidelines related to the award of this contract. Consultants shall submit the specific Certification form
attached to the related SOQ advertised. Failure to sign and submit this Certification Form as specified in this
SOQ with the SOQ proposal will result in the SOQ proposal being rejected.
Submission of the SOQ by the Consultant certifies that to the best of its knowledge:
1. The Consultant and its subconsultant have not engaged in collusion with respect to the contract under
consideration.
2. The Consultant, its principals and subconsultants have not been suspended or debarred from doing business
with any government entity.
3. The Consultant shall have the proper Arizona licenses(s) and registration(s) for services to be performed under
this SOQ and contract. Furthermore, the Consultant and Key Team Members including Subconsultants are
currently licensed to provide the required services as requested in the SOQ package.
4. The Consultant’s signature on any SOQ proposal or contract constitutes an authorization to the City to
ascertain the eligibility of the Consultant, its principals and subconsultants to enter into contract with the City
and with any other governmental agency.
5. The Consultant’s Project Team members are employed by the Consultant on the date of submittal.
6. All information and statements written in the proposal are true and accurate and that the City reserves the
right to investigate, as deemed appropriate, to verify information contained in proposals.
7. All members of the Project Team who are former City employees did not have or provide information that
gives the Consultant a competitive advantage, and either (1) concluded their employment with City at least
12 months before the date of the SOQ or (2) have not made any material decisions about this project while
employed by the City of Chandler.
8. Work, equating at least 51% of the contract value, shall be completed by the Consultant unless otherwise
specified in the SOQ or contract.
9. No federally appropriated funds have been paid or shall be paid by or on behalf of the Consultant for the
purpose of lobbying.
10. The Consultant understands that it is required to have a compliant accounting system, in accordance with
Generally Accepted Accounting Principles (GAAP), Federal Acquisition Regulation (FAR) of Title 48, Code of
Federal Regulations (CFR)-Part 31, applicable Cost Accounting Standards (CAS), and ADOT Advance
Agreement Guideline.
Consultant Engineering, Inc.
Professional Services for Construction Management Services for Frye Road
Protected Bike Lane Project
ST2106.451
CHN-0(250)D
T031701C
2020-04-27
SOQ Certification Form Pg 2 of 2
11. Due to the project having federal aid funds, the Consultant affirmatively ensures that in any subcontract
entered into pursuant to this advertisement, disadvantaged business enterprises shall be afforded full and
fair opportunity to submit proposals/bids in response to this invitation and shall not be discriminated again
on the grounds of race, color, or national origin in consideration for an award, in accordance with Title VI of
the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted
programs of the Department of Transportation.
12. The Consultant shall utilize all Project Team members, subconsultants and DBE firms, if applicable, submitted
in the SOQ and shall not add other Project Team members or subconsultants, unless the Consultant has
received prior written approval from the City. Furthermore, Consultant understands that each Subconsultant
must be approved through a City of Chandler approval process.
13. The Consultant shall either meet its DBE goal commitment and any other DBE commitments or make Good
Faith Efforts to meet the DBE goal commitments as stated in its SOQ proposal or Cost Proposal and shall
report on a timely basis its DBE utilization as detailed in the contract.
14. If selected, the Consultant is committed to satisfactorily carry out the Consultant’s commitments as detailed
in the contract and its SOQ proposal.
I hereby certify that I have read and agree to adhere to the fourteen (14) statements above and/or that the
statements are true to the best of my knowledge as a condition of award of this contract. This form must be
signed by a Principal of the Consultant.
Name (Print):
____________________________________________
Title: _______________________________
Name (Signature):
_____________________________________________
Date: _______________________________
Vice President
Brian C. Lizzet, PE, CCM
September 27, 2023
______________________
__
__
__
__
____
____
_ _____
3.0
LOBBY CERTIFICATION FORM
(SUBMIT WITH SOQ)
DISCLOSURE OF LOBBYING ACTIVITIES
Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
0348-0046
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post-award
For Material Change Only:
d. loan
year _________ quarter _________
e. loan guarantee
date of last report ______________
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
and Address of Prime:
Tier ______, if known :
Congressional District, if known :
Congressional District, if known :
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable: _____________
8. Federal Action Number, if known :
9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(if individual, last name, first name, MI):
different from No. 10a)
(last name, first name, MI):
11.
Signature:
Print Name:
Title:
Telephone No.: _______________________
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
Information requested through this form is authorized by title 31 U.S.C. section
1352. This disclosure of lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when this transaction was made
or entered into.
This disclosure is required pursuant to 31 U.S.C. 1352.
This
information
will be available for public inspection.
required disclosure shall be subject to a
not more than $100,000 for each such failure.
Prime
Subawardee
Federal Use Only:
Date:
who fails to file the
Any person
$10,000 and
than
civil penalty of not less
4c
PRINT
Vice President
Brian C. Lizzet, PE, CCM
9/27/23
480.689.6472
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
B i
C Li
t PE CCM
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof
Congress, or an employeeof a Member of Congress in connectionwith a coveredFederalaction. Completeall items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, State and zip code of the reportingentity. Include CongressionalDistrict, if known. Check the appropriateclassification
of the reportingentity that designatesif it is, or expects to be, a prime or subawardrecipient. Identify the tier of the subawardee,e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington,
DC 20503.
4.0
FEDERAL SAM REQUIREMENTS STATEMENT
VERIFICATION STATEMENT
FOR STATUS OF
FEDERAL TAX LIENS AND DEBARMENT
Per FHWA (Federal Highway Administration), AND 23 CFR Part 630 112 ( c ) ( 4 ); AND 2 CFR Part 180 subpart C:
All participants including both recipients and contractors, in FHWA contracts, are required to certify that they are not debarred or
suspended from working on a federal funded contract/project and have no unresolved federal tax liens. A person (or company)
who is excluded by any federal agency may not be a participant in a federal agency transaction that is a covered transaction.
By signing this form, Bidder attests and affirms that
a)
Bidder has not been suspended or debarred from working on a
federal funded project.
b)
Bidder has no outstanding unresolved federal tax liens.
**To work on a federal funded contract/project, contractors (and subcontractors/vendors) should register on the SAM website.
This is free of charge.
(www.sam.gov)
_______________________________________
Signature of Bidder
_______________________________________
Printed or Typed Name of Bidder
_______________________________________
Date
Brian C. Lizzet, PE, CCM
September 27, 2023
______
_
________
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
__
____
______
__
__
__
__
_______
_
Signature of Bidder
5.0
PROMPT PAY PROVISION
Prompt Pay and Payment Reporting Provisions- 1/5
CONSTRUCTION AND PROFESSIONAL SERVICES/DESIGN CONTRACTS
PROMPT PAY AND PAYMENT REPORTING PROVISIONS
(09/20/2016)
MEASUREMENTS AND PAYMENT:
Partial Payments:
If satisfactory progress is being made, the contractor will receive a payment based on the
amount of work completed. Progress payments may be made by the LPA/ Subrecipient
Procurement Office to the contractor on the basis of an approved estimate of the work
performed during a preceding period of time. The progress payments shall be paid on or
before 14 days after the estimate of the work is approved. The estimate of the work shall be
deemed received by the LPA/Subrecipient Procurement Office on submission to the person
designated by the LPA/Subrecipient Procurement Office for the submission, review or
approval of the estimate of the work. The LPA/Subrecipient Procurement Office by mutual
agreement may make progress payments on contracts of less than 90 days and shall make
monthly progress payments on all other contracts. Payment to the contractor on the basis of
a duly certified and approved estimate of the work performed during the preceding calendar
month under the contract may include payment for material and equipment.
An estimate of the work submitted shall be deemed approved and certified for payment after
seven days from the date of submission unless before that time the LPA/Subrecipient
Procurement Office or Designee prepares and issues a specific written finding setting forth
those items in detail in the estimate of the work that are not approved for payment under the
contract. The contractor shall work with the LPA/Subrecipient or the LPA/Subrecipient
Designee to finalize monthly estimate. The progress payments shall be paid on or before
14 days after the estimate of the work is certified and approved in accordance with Arizona
Revised Statutes Section 34-221.
The contractor shall pay to the contractor's subcontractors or material suppliers and each
subcontractor shall pay to the subcontractor's subcontractor or material supplier, within
seven days of receipt of each progress payment the respective amounts allowed the
contractor or subcontractor on account of the work performed by the subcontractors, to the
extent of each subcontractor's interest, except that no contract for construction services may
materially alter the rights of any contractor, subcontractor or material supplier to receive
prompt and timely payment.
A subcontractor may notify the LPA/Subrecipient Procurement Office in writing requesting
that the subcontractor be notified by the Subrecipient Procurement Office in writing within
five days from payment of each progress payment made to the contractor.
Prompt Pay and Payment Reporting Provisions- 2/5
Subcontractor Payments:
(1)
Retention:
If the prime contract does not provide for retention, the contractor and each subcontractor of
any tier shall not withhold retention on any subcontract. If the prime contract provides for
retention, the prime contractor and each subcontractor of any tier shall not retain a higher
percentage than the LPA/Subrecipient may retain under the prime contract.
(2)
No Set-offs Arising from Other Contracts:
If a subcontractor is performing work on multiple contracts for the same contractor or
subcontractor of any tier, the contractor or subcontractor of any tier shall not withhold or
reduce payment from its subcontractors on the contract because of disputes or claims on
another contract.
(3)
Partial Payment:
The contractor and each subcontractor of any tier shall make prompt partial payments to its
subcontractors within seven days of receipt of payment from the LPA/Subrecipient
Procurement Office. Notwithstanding any provision of Arizona Revised Statutes Section 34-
221, the parties may not agree otherwise.
(4)
Final Payment:
The contractor and each subcontractor of any tier shall make prompt final payment to each
of its subcontractors. The contractor and each subcontractor of any tier shall pay all
monies, including retention, due to its subcontractor within seven days of receipt of
payment. Notwithstanding any provision of Arizona Revised Statutes Section 34-221, the
parties may not agree otherwise.
(5) Payment Reporting:
For the purposes of this subsection “Reportable Contracts” means any subcontract, of any
tier, DBE or non-DBE, by which work shall be performed on behalf of the contractor and any
contract of any tier with a DBE material supplier.
The requirements of this subsection apply to all Reportable Contracts.
Payment Reporting for all Reportable Contracts shall be done through the LPA DBE System
which can be accessed at AZ UTRACS on the Arizona Transportation Business Portal at
www.azutracs.com. No later than fifteen calendar days after the preconstruction conference,
the contractor shall log into the system and enter or verify the name, contact information,
and subcontract amounts for Reportable Contracts on the project. As Reportable Contracts
are approved over the course of the contract, the contractor shall enter the subcontractor
information in the LPA DBE System. Reportable contracts information shall be entered into
Prompt Pay and Payment Reporting Provisions- 3/5
the system no later than five calendar days after approval by the LPA/Subrecipient
Procurement Office.
The contractor shall report on a monthly basis indicating the amounts actually paid and the
dates of each payment under any Reportable Contract on the project. The contractor shall
provide information for payments made on all Reportable Contracts during the previous
month by the last day of the current month. In the event that no payments were made during
a given month, the contractor shall identify that by entering a dollar value of zero. If the
contractor does not pay the full amount of any invoice from a subcontractor, the contractor
shall note that and provide the reasons in the comment section of the Monthly Payment
Audit of the LPA DBE System.
In addition, the contractor shall require that all participants in any Reportable Contract
electronically verify receipt of payment on the contract within 15 days of receipt of electronic
payment notification and the contractor shall actively monitor the system to ensure that the
verifications are input. The contractor shall proactively work to resolve any payment
discrepancies in the system between payment amounts it reports and payment confirmation
amounts reported by others.
The contractor shall ensure that all Reportable Contract payment activity is in the LPA DBE
System. This includes all lower-tier Reportable Contracts.
The contractor shall maintain records for each payment explaining the amount requested by
the subcontractor, and the amount actually paid pursuant to the request, which may include
but are not limited to, estimates, invoices, pay requests, copies of checks or wire transfers,
and lien waivers in support of the monthly payments in the system.
The contractor shall ensure that a copy of this Subsection is included in every Reportable
Contract of every tier.
(a)
Sanctions for Inadequate Reporting:
For each Reportable Contract on which the contractor fails to submit timely and complete
payment information the LPA/Subrecipient Procurement Office will retain $1,000.00 as
liquidated damages, from the monies due to the contractor. Liquidated damages will be
deducted each month for each Reportable Contract on which the contractor fails to submit
payment information until the contractor provides the required information as described
herein. After 90 consecutive days of non-reporting, the liquidated damages will increase to
$2,000.00 for each subsequent month, for each Reportable Contract on which the
contractor fails to report until the information is provided. These liquidated damages shall
be in addition to all other retention or liquidated damages provided for elsewhere in the
contract.
(6) Completion of Work:
A subcontractor's work is satisfactorily completed when all the tasks called for in the
subcontract have been accomplished, documented, and accepted by the LPA/Subrecipient
Procurement Office.
Prompt Pay and Payment Reporting Provisions- 4/5
(7) Disputes:
If there is a discrepancy between what is reported by the contractor in the LPA DBE System
and what the subcontractor indicates, an alert email will automatically be sent to the
contractor. The email will be sent to the email address provided by the contractor in the
LPA DBE System. It is the contractor’s responsibility to ensure that the email address in the
system is kept current.
The contractor shall provide a verifiable explanation of the discrepancy in the LPA DBE
System as early as practicable but in no case later than seven days after the date of the
alert email.
The LPA/Subrecipient will determine whether the contractor has acted in good faith
concerning any such explanations. The LPA/Subrecipient and ADOT BECO reserves the
right to request and receive documents from the contractor and all subcontractors of any
tier, in order to determine whether prompt payment requirements are met.
The contractor shall implement and use the dispute resolution process outlined in the
subcontract or by following the LPA/Subcrecipient escalation process, to resolve payment
disputes.
(8)
Non-compliance:
Failure to make prompt partial payment, or prompt final payment including any retention,
within the time frames established above, will result in remedies, as the LPA/Subrecipient
Procurement Office deems appropriate, which may include but are not limited to:
(a) Liquidated Damages: These liquidated damages shall be in addition to all
other retention or liquidated damages provided for elsewhere in the
contract.
(i) The LPA/Subrecipient Procurement Office will withhold two times the
disputed dollar amount not paid to each subcontractor.
(ii) If full payment is made within 30 days of the LPASubrecipient
Procurement Office’s payment to the contractor, the amount withheld
by the LPA/Subrecipient Procurement Office will be released.
(iii) If full payment is made after 30 days of the LPA/Subrecipient
Procurement Office’s payment to the contractor, the LPA/Subrecipient
Procurement Office will release 75 percent of the funds withheld. The
LPA/Subrecipient Procurement Office will retain 25 percent of the
monies withheld as liquidated damages.
(b) Additional Remedies. If the contractor fails to make prompt payment for
three consecutive months, or any four months over the course of one
Prompt Pay and Payment Reporting Provisions- 5/5
project, or if the contractor fails to make prompt payment on two or more
projects within 24 months, the LPA/Subrecipient Procurement Office may,
in addition, invoke the following remedies:
(i) Withhold monthly progress payments until the issue is resolved and full
payment has been made to all subcontractors, subject to the liquidated
damages described in paragraph (a) above,
(ii) Terminate the contract for default,
(iii) Disqualify
the
contractor
from
future
bidding, temporarily
or
permanently, depending on the number and severity of violations, if
applicable.
In determining whether liquidated damages will be assessed, the extent of the liquidated
damages, or additional remedies assessed, the LPA/Subrecipient will consider whether
there have been other violations on this or other federal-aid contracts, whether the failure to
make prompt payment was due to circumstances beyond the contractor’s control, and other
circumstances. The contractor may, within 15 calendar days of receipt of the decision of the
LPA/Subrecipient, escalate the decision according to the contract’s escalation process.
6.0
TITLE VI
-
TITLE VI ASSURANCE
-
TITLE VI APPENDIX A
-
TITLE VI APPENDIX E
City of Chandler
Title VI/Non-Discrimination Assurances
DOT Order No. 1050.2A
The City of Chandler (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to
receiving any Federal financial assistance from the U.S. Department of Transportation (DOT),
through Federal Highway Administration and Arizona Department of Transportation, is subject
to and will comply with the following:
Statutory/Regulatory Authorities
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
•
49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The
Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);
•
28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of
the Civil Rights Act of 1964)
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and
"Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity,” for which the Recipient
receives Federal financial assistance from DOT, including the Federal Highway
Administration.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title
VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504
of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of
these non-discrimination statutes and requirements to include all programs and activities of the
Recipient, so long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and
gives the following Assurances with respect to its Federal Aid Highway Program.
1.
The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23 (b)
and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with
regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance
with all requirements imposed by, or pursuant to the Acts and the Regulations.
2.
The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work, or material subject to the Acts and the Regulations made in connection with all
Federal Aid Highway Program and, in adapted form, in all proposals for negotiated agreements
regardless of funding source:
"The City of Chandler, in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award.”
3.
The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract
or agreement subject to the Acts and the Regulations.
4.
The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running
with the land, in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a Recipient.
5.
That where the Recipient receives Federal financial assistance to construct a facility, or part
of a facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6.
That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend to rights to
space on, over, or under such property.
7.
That the Recipient will include the clauses set forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or
similar instruments entered into by the Recipient with other parties:
a.
for the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b.
for the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
8.
That this Assurance obligates the Recipient for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or structures
or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee
for the longer of the following periods:
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1.
Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration or the Arizona Department of Transportation, as they may be
amended from time to time, which are herein incorporated by reference and made a part of this contract.
2.
Non-discrimination: The contractor, with regard to the work performed by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49
CFR Part 21.
3.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4.
Information and Reports: The contractor will provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Recipient, the Federal Highway
Administration or Arizona Department of Transportation to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the contractor will so certify to the Recipient, the
Federal Highway Administration, or Arizona Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
5.
Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration or Arizona Department of Transportation, may determine to be appropriate, including, but not
limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6.
Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient, the Federal Highway Administration, or Arizona Department of
Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the contractor may request the Recipient to enter into any litigation to
protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the
litigation to protect the interests of the United States.
A
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
•
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
•
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
•
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
•
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"
to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
•
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority populations
by discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
•
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at
74087 to 74100);
•
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
E
7.0
RECORDS RETENTION
RECORDS RETENTION
Contractor and Subcontractor Project Records
(Reference to A.R.S.35-214)
The contractor, subcontractors and all suppliers shall keep and maintain all books, papers, records, files,
accounts, reports, bid documents with backup data, including electronic data, and all other material relating to the
contract and project for five (5) years following completion and acceptance of the work.
All of the above material shall be made available for auditing, inspection, and copying and shall be produced upon
request to the Agency.
The City of Chandler – Capital Projects
215 E Buffalo Street, Mail Stop 407
Chandler, Arizona 85225.
The contractor shall insert the above requirement in each subcontract purchase order and lease agreement and
shall also include in all subcontracts, a clause requiring subcontractors to include the above requirement in any
lower-tier subcontract, purchase order, or lease agreement.
8.0
FEDERAL IMMIGRATION
AND
NATIONALITY ACT
Federal Immigration and Nationality Act
(Reference to Arizona Executive Order 2005-30)
The contractor, including all subcontractors, shall comply with all federal, state and local immigration laws and
regulations, as set forth in Arizona Executive Order 2005-30, relating to the immigration status of their employees
who perform services on the contract during the duration of the contract. The Agency (City of Chandler) shall
retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any
employee thereof to ensure compliance.
By submission of a bid, the contractor warrants that the contractor and all prosed subcontractors are and shall
remain in compliance with all federal, state, and local immigration laws and regulations relating to the immigration
status of their employees who perform services on the contract. The Agency may, at its sole discretion, require
evidence of compliance from the contractor or subcontractor. Should the Agency request evidence of
compliance, the contractor or subcontractor shall have ten (10) working days from receipt of the request to supply
adequate information. The Department and Agency (City of Chandler) will accept, as evidence of compliance, a
showing by the contractor or subcontractor, that it has followed the employment verification provisions of the
Federal Immigration and Nationality Act as set forth in Sections 274A and 274B of that Act, including
implementation of regulations and agreements between the Department of Homeland Security and the Social
Security Administration's verification service. The contractor shall include the requirements of this provision in all
subcontracts for this project.
Failure to comply with the immigration laws or to submit proof of compliance constitutes a material breach of
contract. The Agency will recue the contractor's compensation by $10,000 for the initial instance of non-
compliance by the contractor or a subcontractor. Should the same contractor or subcontractor commit
subsequent violations within a two (2) year time period from the initial violation, the contractor's compensation will
be reduced by $50,000 for each violation. The third instance by the same contractor or subcontractor within a two
(2) year period may result, in addition to the $50,000 reduction in compensation, in removal of the offending
contractor of subcontractor, suspension of work in whole or in part or, in the case of a third violation by the
contractor, termination of the contract for default in addition, the Department may debar a contractor or
subcontractor who has committed three (3) violations within a two (2) year period for up to one (1) year. For
purposes of this paragraph, a violation by a subcontractor does not count as a violation by the contractor.
Any delay resulting from a sanction under this subsection is a non-excusable delay. The contractor is not entitled
to any compensation or extension of time for any delays or additional costs resulting from a sanction under this
subsection.
9.0
BUY AMERICA REQUIREMENTS
On May 14, 2022, Build America, Buy America will go into effect. This new law governs domestic
preferences for iron and steel, manufactured products and construction materials for infrastructure
projects that use federal dollars for funding.
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 1 of 5
BUY AMERICA / BUILD AMERICA BUY AMERICA / MATERIAL CERTIFICATION
REQUIREMENTS
For City of Chandler Federal Funded Projects Per FHWA
The City of Chandler will follow Buy America requirements and the Build America Buy America
requirements.
A. REGULATIONS
1. FHWA - BUY AMERICA AND THE NEW BUILD AMERICA, BUY AMERICA REGULATION EFFECTIVE
NOVEMBER 1, 2022.
https://www.transportation.gov/sites/dot.gov/files/docs/buy_america_provisions_side_by_side.pdf)
Federal Highway Administration (FHWA) - 23 U.S.C. § 313 – Buy America; 23 C.F.R. § 635.410
The Secretary of Transportation shall not obligate any funds unless steel, iron, and manufactured products used
In such project are produced in the United States.
2. MAG SPECIFICATION SECTION 106.2.1
3. ADOT SPECIFICATION 106, 106.05 AND 106.15
B. PROCEDURE FOR MATERIAL CERTIFICATION REQUIREMENTS – CITY OF CHANDLER
1. All material for a federal funded project must have a material certification.
2. All material delivered to jobsite must be accompanied by a material certification.
3. Material Certifications must be submitted to the City of Chandler representative for review and approval and is not
deemed accepted until City of Chandler representative approval.
4. Buy America Material – All Iron and Steel products. (See Item A above)
5. Buy America Material Installation: All Buy America Iron and Steel Products MUST NOT be installed without
Material Certification received and approval from City of Chandler.
6. All non-Buy America Material Installation: All non-Buy America material, if installed without material certification
receipt and approval is at the Prime Contractor's risk and WILL NOT BE PAID until approval of material
certification for that material.
C. MATERIAL CERTIFICATIONS – Every Material Certification must have the following– Items 1-11
1. Project Name
2. City Project Number
3. Federal Project Number
4. ADOT Number (previously known as Tracs Number) (if FHWA funded project)
5. Supplier Information: Name, Address, Telephone Number
6. Description of the material supplied
7. Quantity of material represented by the certificate
8. Means of material identification, such as label, lot number, or marking
9. A Statement that the material complies in all respects with the requirements of the cited specifications.
Certificates shall state compliance with the cited specification, such as AASHTO M 320, ASTM C 494; or specific
table or subsection of the Arizona Department of Transportation Standard Specifications or Special Provisions.
Certificates may cite both, if applicable.
10. Authorization Signature Statement: A statement that the individual signing has the legal authority to bind the
manufacturer or the supplier of the material.
11. The name, title, signature, and date of signature of the signing-responsible individual.
12. Statement that that Federal Requirements for Buy America / BABA have been followed.
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 2 of 5
ADOT SPECIFICATION – BUILD AMERICA BUY AMERICA (106CMATLS, 10-20-22)
SECTION 106 CONTROL OF MATERIALS: of the Standard Specification is modified to add:
106.17 Construction Materials
A construction material, when used on a federal-aid construction project shall comply with the requirements of Build
America Buy America (BABA) Act specific in Title IX, Subtitle A, Part 1, Sections 70901 and 70911-70918 of the
Infrastructure Investment and Job Act (ILJA).
A ‘construction material’ that is permanently incorporated on the project shall include an article, material, or supply that is
or consists primarily of the following:
-
Non-ferrous metals;
-
Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used
in fiber optic cables);
-
Glass (including optic glass);
-
Lumber; or
-
Drywall
Items manufactured through a combination of either two or more materials listed above, or at least one of the materials list
above and a material not listed shall be considered as a manufactured product, rather than as a construction material.
Build America Buy America provisions specified for manufactured products in Section 70912(6)(B) of the ILJA, do not
apply to federal-aid construction projects per FHQWA’s existing statutory requirement applicable to manufactured
products. A “manufactured product’ is considered to be an item that undergoes one or more manufacturing processes
before the item can be used on a federal-aid construction project.
Construction materials shall not include cement and cementitious materials; bituminous materials; aggregates such as
stone, sand, or gravel; or aggregate binding agents or additives.
All construction materials shall be produced in the United States. This means, all manufacturing processes to produce the
construction materials shall occur in the United States. All manufacturing processes for construction materials shall mean
the final manufacturing process and the immediately preceding manufacturing stage for the construction material.
The contractor shall furnish the Engineer with Certificate of Compliance, conforming to the requirements of Subsection
106.05 of the ADOT specifications, which shall state that the construction materials incorporated in the project meet the
requirements specified herein.
Certificates of Compliance shall also certify that all manufacturing processes to produce construction materials occurred in
the United States.
Convict-produced materials are prohibited in accordance with the requirements of 23 CFR 635.417.
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 3 of 5
ADDITIONAL INFORMATION FOR THE BUILD AMERICA, BUY AMERICA ACT
Federal Funded Contract Guide for Contractors – Rev 2023-04-10 pg 4 of 5
10.0
DBE EPRISE
FOR DBE GOAL 0% RACE NEUTRAL
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 1/12
PROFESSIONAL SERVICES
DBE PROVISIONS
(PROJECT SPECIFIC - CONTRACTS)
FOR USE ON LPA/SUBRECIPIENT FEDERAL AID PROJECTS WITHOUT DBE GOALS
*
NOTE: REFER TO EDITING INSTRUCTIONS IN SECTIONS 13.0 *
(LPA PS EPRISE, 8/26/2016)
DISADVANTAGED BUSINESS ENTERPRISES:
1.0
Policy:
The Arizona Department of Transportation (hereinafter the Department) has established a
Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the
U.S. Department of Transportation (USDOT), 49 CFR Part 26. The Department has received
Federal financial assistance from the U.S. Department of Transportation and as a condition of
receiving this assistance, the Department has signed an assurance that it will comply with 49
CFR Part 26.
It is the policy of the Department to ensure that DBEs, as defined in Part 26, have an equal
opportunity to receive and participate in USDOT-assisted contracts. It is also the policy of the
Department:
1. To ensure nondiscrimination in the award and administration of USDOT-assisted
contracts;
2. To create a level playing field on which DBEs can compete fairly for
USDOT-assisted contracts;
3. To ensure that the DBE program is narrowly tailored in accordance with applicable
law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are
counted as DBEs;
5. To help remove barriers to the participation of DBEs in USDOT-assisted contracts;
6. To assist in the development of firms that can compete successfully in the market
place outside the DBE program; and
7. To promote the use of DBEs in all types of federally-assisted contracts and
procurement activities.
It is also the policy of the Department to facilitate and encourage participation of Small
Business Concerns (SBCs), as defined in Subsection 3.0, in USDOT-assisted contracts. The
Department encourages consultants to take reasonable steps to eliminate obstacles to SBCs’
participation and to utilize SBCs in performing contracts.
Local Public Agencies (LPA) and or Subrecipients of Federal financial assistance will
administer and manage the contracts from advertising, consultant selection, negotiation,
contract execution, processing payment reports and contract modifications, audits, DBE
compliance (e.g., reporting and monitoring) through contract closeout.
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 2/12
2.0
Assurances of Non-Discrimination:
The consultant, subrecipient, or subconsultant shall not discriminate on the basis of race,
color, sex or national origin in the performance of this contract. The consultant shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted
contracts. Failure by the consultant to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the the
LPA/Subrecipient with the Department’s concurrence deems appropriate, which may include,
but are not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages;
4. Disqualifying the consultant from submitting SOQs, or any other forms of proposals, as
non-responsible;
5. Cancellation, termination, or suspension of the Contract, in whole or in part.
The consultant, subrecipient, or subconsultant shall ensure that all subcontract agreements
contain this non-discrimination assurance.
3.0
Definitions:
(A) Commercially Useful Function (CUF): Commercially Useful Function is defined fully in
49 CFR 26.55, which definition is incorporated herein by reference.
(B) Disadvantaged Business Enterprise (DBE): a for-profit small business concern which
meets both of the following requirements:
(1)
Is at least 51 percent owned by one or more socially and economically
disadvantaged individuals or, in the case of any publicly owned business, at least 51
percent of the stock is owned by one or more such individuals; and,
(2)
Whose management and daily business operations are controlled by one or more of
the socially and economically disadvantaged individuals who own it.
(C) NAICS Code: The North American Industry Classification System (NAICS) is the
standard used by Federal statistical agencies in classifying business establishments for
the purpose of collecting, analyzing, and publishing statistical data related to the U.S.
business economy.
(D) Non-DBE: any firm that is not a DBE.
(E) Race-Conscious (RC): a measure or program focused specifically on assisting only
DBEs, including women-owned DBEs.
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 3/12
(F) Race-Neutral (RN): a measure or program used to assist all small businesses. For the
purposes of this part, race-neutral includes gender-neutrality.
(G) Small Business Concern (SBC): a business that meets all of the following conditions:
(1)
Operates as a for-profit business registered to do business in Arizona;
(2) Operates a place of business primarily within the U.S., or makes a significant
contribution to the U.S. economy through payment of taxes or use of American
products, materials, or labor;
(3)
Is independently owned and operated;
(4) Is not dominant in its field on a national basis; and
(5) Does not have annual gross receipts that exceed the Small Business
Administration size standards average annual income criteria for its primary North
American Industry Classification System (NAICS) code.
(I) Socially and Economically Disadvantaged Individuals: any individual who is a
citizen (or lawfully admitted permanent resident) of the United States and who is:
(1) Any individual who is found to be a socially and economically disadvantaged
individual on a case-by-case basis.
(2) Any individual in the following groups, members of which are rebuttably presumed
to be socially and economically disadvantaged:
(i) "Black Americans," which includes persons having origins in any of the Black
racial groups of Africa;
(ii) "Hispanic Americans," which includes persons of Mexican, Puerto Rican,
Cuban, Dominican, Central or South American, or other Spanish or
Portuguese culture or origin, regardless of race;
(iii) "Native Americans," which includes persons who are enrolled members of
federally or State recognized Indian tribe, Alaskan Natives or Native
Hawaiians;
(iv) “Asian-Pacific Americans,” which includes persons whose origins are from
Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia
(Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei,
Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of
Palau), the Republic of the Northern Marianas Islands, Macao, Fiji, Tonga,
Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 4/12
(v) “Subcontinent Asian Americans,” which includes persons whose origins are
from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri
Lanka;
(vi)
"Women;"
(vii) Any additional groups whose members are designated as socially and
economically disadvantaged by the Small Business Administration (SBA), at
such time as the SBA designation becomes effective.
4.0
Working with DBEs:
The Department works with DBEs and assists them in their efforts to participate in the highway
construction program. All proposers should contact the Department’s Business Engagement
and Compliance Office (BECO) by phone, through email, or at the address shown below, for
assistance in their efforts to use DBEs in the highway construction industry. BECO contact
information is as follows:
Arizona Department of Transportation
Business Engagement and Compliance Office
1801 W. Jefferson St, Suite 101, Mail Drop 154A
Phoenix, AZ 85007
Phone (602) 712-7761
FAX (602) 712-8429
Email: ContractorCompliance@azdot.gov
Website : www.azdot.gov/bec
4.01
Mentor-Protège Program
The Department has established a Mentor-Protégé program as an initiative to encourage and
develop disadvantaged businesses in the highway construction industry. The program
encourages prime consultants to provide certain types of assistance to certified DBE
subconsultants. ADOT encourages consultants and certified DBE subconsultants to engage in a
Mentor-Protégé agreement under certain conditions. Such an agreement must be mutually
beneficial to both parties and to ADOT in fulfilling requirements of 49 CFR Part 23. For guidance
regarding this program refer to the Mentor-Protégé Program Guidelines available on the BECO
website.
The Mentor-Protégé program is intended to increase legitimate DBE activities and is not
intended to diminish nor circumvent existing DBE rules or regulations.
5.0
Applicability:
The Department has established an overall annual goal for DBE participation on Federal-aid
contracts. The Department intends for the goal to be met with a combination of race conscious
efforts and race neutral efforts. Race conscious participation occurs when the consultant uses
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 5/12
a percentage of DBEs, as defined herein, to meet the contract-specified goal. Race neutral
efforts are those that are, or can be, used to assist all small businesses or increase
opportunities for all small businesses. The regulation, 49 CFR 26, defines race neutral as
when a DBE wins a prime contract through customary competitive procurement procedures or
is awarded a subcontract on a prime contract that does not carry a DBE contract goal.
The DBE provisions are applicable to all consultants including DBE consultants.
6.0
Certification and Registration:
6.01
DBE Certification:
Certification as a DBE shall be predicated on:
(1) The completion and execution of an application for certification as a "Disadvantaged
Business Enterprise."
(2) The submission of documents pertaining to the firm(s) as stated in the application(s),
including but not limited to a statement of social disadvantage and a personal financial
statement.
(3) The submission of any additional information which the Department or the applicable
Arizona Unified Certification (UCP) agency may require to determine the firm's eligibility to
participate in the DBE program.
(4) The information obtained during the on-site visits to the offices of the firm and to active
job-sites.
Applications for certification may be filed online with the Department or the applicable UCP
agency at any time through the Arizona Unified Transportation Registration and Certification
System (AZ UTRACS) website at http://www.azutracs.com.
DBE firms and firms seeking DBE certification shall cooperate fully with requests for
information relevant to the certification process. Failure or refusal to provide such information
is a ground for denial or removal of certification.
ADOT is a member of the AZ Unified Certification Program (AZUCP). Only DBE firms that are
certified by the AZUCP are eligible for credit on ADOT projects. A list of DBE firms certified by
AZUCP is available on the internet at http://www.azutracs.com. The list will indicate contact
information and specialty for each DBE firm, and may be sorted in a variety of ways. However,
ADOT does not guarantee the accuracy and/or completeness of this information, nor does
ADOT represent that any licenses or registrations are appropriate for the work to be done.
The Department’s certification of a DBE is not a representation of qualifications and/or abilities
nor does it mean that a DBE firm is guaranteed or entitled to receive or be awarded a contract.
Being certified simply means that a firm has met the criteria for DBE certification as outlined in
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 6/12
49 CFR Part 26. The consultant bears all risks of ensuring that DBE firms selected by the
consultant are able to perform the work.
6.02
SBC Registration:
To comply with 49 CFR Part 26.39, ADOT’s DBE Program incorporates contracting
requirements to facilitate participation by Small Business Concerns (SBCs) in federally
assisted contracts. SBCs are for-profit businesses authorized to do businesses in Arizona that
meet the Small Business Administration (SBA) size standards for average annual revenue
criteria for its primary North American Industry Classification System (NAICS) code
While the SBC component of the DBE program does not require utilization of goals on
projects, ADOT and the LPA/Subrecipient strongly encourages consultants to utilize small
businesses that are registered in AZ UTRACS on their contracts, in addition to DBEs meeting
the certification requirement. The consultant may use the AZ UTRACS website to search for
certified DBEs and registered SBCs that can be used on the contract. However, SBCs that are
not DBEs will not be counted toward the DBE participation.
SBCs can register online at the AZ UTRACS website.
The Department’s registration of SBCs is not a representation of qualifications and/or abilities
nor does it mean that an SBC firm is guaranteed or entitled to receive or be awarded a contract.
Being SBC registered simply means that a firm has met the criteria for SBC registration as
outlined in 49 CFR Part 26. The consultant bears all risks of ensuring that SBC firms selected
by the consultant are able to perform the work.
7.0
DBE Financial Institutions:
The Department thoroughly investigates the full extent of services offered by financial institutions
owned and controlled by socially and economically disadvantaged individuals in its service area
and makes reasonable efforts to use these institutions. The Department encourages prime
consultants to use such institutions on USDOT assisted contracts. However, use of DBE
financial institutions will not be counted toward the DBE participation.
The Department and the LPA/Subrecipient encourages prime consultants to research the
Federal Reserve Board website at www.federalreserve.gov to identify minority-owned banks in
Arizona derived from the Consolidated Reports of Condition and Income filed quarterly by banks
(FFIEC 031 and 041) and from other information on the Board’s National Information Center
database.
8.0
Time is of the Essence:
TIME IS OF THE ESSENCE IN RESPECT TO THE DBE PROVISIONS
9.0
Computation of Time:
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 7/12
In computing any period of time described in this DBE special provision, such as calendar
days, the day from which the period begins to run is not counted, and when the last day of the
period is a Saturday, Sunday, Federal or State holiday, the period extends to the next day that
is not a Saturday, Sunday, Federal or State holiday. In circumstances where the
LPA/Subrecipient Procurement Office is closed for all or part of the last day, the period extends
to the next day on which the LPA / Subrecipient Procurement Office is open.
10.0
Consultant and Subconsultant Requirements:
10.01
General:
The consultant shall establish a DBE program that will ensure nondiscrimination in the award
and administration of contracts and subcontracts.
Agreements between the proposer and a DBE in which the DBE promises not to provide
subcontracting quotations to other proposers are prohibited.
10.02
DBE Liaison:
The consultant shall designate a DBE Liaison responsible for the administration of the
consultant’s DBE program. The name of the designated DBE Liaison shall be included on the
DBE Intended Participation Affidavit Summary.
11.0
DBE Goal:
The Department has not established contract goals for DBE participation in this contract.
Consultants are still encouraged to employ reasonable means to obtain DBE participation.
Consultants must retain records in accordance with these DBE specifications. The consultant
is notified that this record keeping is important to the Department so that it can track DBE
participation where only race neutral efforts are employed.
12.0 Bidders/Proposers List and AZ UTRACS Registration Requirement:
Under Title 49 CFR of the Code of Federal Regulations, Part 26.11, DOTs are required to collect
certain information from all consultants and subconsultants who seek to work on federally-
assisted contracts in order to set overall and contract DBE goals. ADOT collects this information
when firms register their companies on the Arizona Unified Transportation Registration and
Certification System (AZ UTRACS) web portal at http://www.azutracs.com/ a centralized
database for companies that seek to do business with ADOT. This information will be maintained
as confidential to the extent allowed by federal and state law.
Prime consultants and all subconsultants, including DBEs listed in the SOQ must be registered
in AZ UTRACS. Proposers may verify that their firm and each subconsultant is registered using
the AZ UTRACS website.
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 8/12
Proposers may obtain additional information at the AZ UTRACS website or by contacting the
LPA/Subrecipient.
All proposers shall create a Bidders/Proposers list in the AZ UTRACS by selecting all firms,
service providers, and vendors that expressed interest or submitted proposals or quotes for this
contract. The Bidders/Proposers List form must be complete and must include the names for all
subconsultants, service providers, and vendors that submitted proposals or quotes on this
project regardless of the proposer’s intentions to use the those firms on the project.
All proposers must complete and submit the Bidders/Proposers List online at AZ UTRACS prior
to Cost Proposal submittal. A confirmation email will be generated by the system. This email
confirmation shall be submitted with the Cost Proposal.
FAILURE TO SUBMIT THE REQUIRED BIDDERS/PROPOSERS LIST CONFIRMATION
EMAIL WITH THE COST PROPOSAL BY THE STATED TIME AND IN THE MANNER HEREIN
SPECIFIED AND AS OUTLINED IN THE RFQ SHALL BE CAUSE FOR THE PROPOSER’S
COST PROPOSAL TO BE REJECTED.
13.0
Payment Reporting:
The consultant shall report on a monthly basis indicating the amounts paid to all subconsultants,
of all tiers, working on the project. Reporting shall be in accordance with Prompt Pay
and Payment Reporting requirements.
14.0
Crediting DBE Participation:
14.01
General Requirements:
To count toward DBE participation, the DBE firms must be certified at the time of Cost Proposal
submission in each NAICS code applicable to the kind of work the firm will perform on the
contract. NAICS for each DBE can be found on the AZ UTRACS website. General descriptions
of all NAICS codes can be found at http://www.naics.com/search/.
Credit towards the consultant’s DBE participation is given only after the DBE has been paid for
the work performed.
The entire amount of a contract that is performed by the DBE’s own forces, including the cost of
supplies and materials purchased by the DBE for the work on the contract and equipment leased
by the DBE will be credited toward DBE participation. Supplies and equipment the DBE
subconsultant purchases or leases from the prime consultant or its affiliate will not be credited
toward DBE participation.
The consultant bears the responsibility to determine whether the DBE possesses the proper
consultant’s license(s) to perform the work and, if DBE credit is requested, that the DBE
subconsultant is certified for the requested type of work.
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 9/12
The Department’s certification is not a representation of a DBE’s qualifications and/or abilities.
The consultant bears all risks that the DBE may not be able to perform its work for any reason.
A DBE may participate as a prime consultant, subconsultant, or as a vendor of materials or
supplies. The dollar amount of work to be accomplished by DBEs, including partial amount of a
lump sum or other similar item, shall be on the basis of subcontract, purchase order, hourly rate,
rate per ton, etc., as agreed to between parties.
DBE credit may be obtained only for specific work done for the project, supply of equipment
specifically for physical work on the project, or supply of materials to be incorporated in the work.
DBE credit will not be allowed for costs such as overhead items, capital expenditures (for
example, purchase of equipment), and office items.
The consultant may credit second-tier subcontracts issued to DBEs by non-DBE subconsultants.
Any second-tier subcontract to a DBE must meet the requirements of a first-tier DBE
subcontract.
A prime consultant may credit the entire amount of that portion of a contract that is performed
by the DBE’s own forces. The cost of supplies and materials obtained by the DBE for the work
of the contract can be included so long as that cost is reasonable. Leased equipment may
also be included. No credit is permitted for supplies purchased or equipment leased from the
prime consultant or its affiliate(s).
When a DBE subcontracts a part of the work of its contract to another firm, the value of the
subcontract may be credited towards the DBE participation only if the DBE’s subconsultant is
itself a DBE and performs the work with its own forces. Work that a DBE subcontracts to a
non-DBE firm does not count toward a DBE participation.
A prime consultant may credit the entire amount of fees or commissions charged by a DBE
firm for providing a bona fide service, such as professional, technical, consulting, or
managerial services, or for providing bonds or insurance specifically required for the
performance of a USDOT-assisted contract, provided the fees are reasonable and not
excessive as compared with fees customarily allowed for similar services.
14.02
Effect of Loss of DBE Eligibility:
If a DBE is deemed ineligible (decertified) or suspended in accordance with 49 CFR 26.87 and
26.88, the DBE may not be considered to count toward DBE participation on a new contract, but
may be considered to count toward DBE participation under a subcontract that was executed
before the DBE suspension or decertification is effective.
When a DBE firm or a DBE prime consultant loses its DBE eligibility and a subcontract or
contract has not been executed before a decertification notice is issued to the DBE firm by its
certifying agency, the ineligible firm does not count toward DBE participation.
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 10/12
When a subcontract is executed with the DBE firm before the Department notified the firm of its
ineligibility, the consultant may continue to use the firm on the contract and may continue to
receive DBE participation credit for the firm’s work.
14.03
Notifying the Consultant of DBE Certification Status:
Each DBE contract at any tier shall require any DBE subconsultant or supplier that is either
decertified or certified during the term of the contract to immediately notify the consultant and
all parties to the DBE contract in writing, with the date of decertification or certification. The
consultant shall require that this provision be incorporated in any contract of any tier in which a
DBE is a participant.
14.04
Police Officers:
DBE credit will not be permitted for procuring DPS officers. For projects on which officers from
other agencies are supplied, DBE credit will be given only for the broker fees charged, and will
not include amounts paid to the officers. The broker fees must be reasonable.
14.05
Commercially Useful Function:
A prime consultant can credit expenditures to a DBE subconsultant toward DBE participation
only if the DBE performs a Commercially Useful Function (CUF).
A DBE performs a CUF when it is responsible for execution of the work of a contract and
carries out its responsibilities by actually performing, managing, and supervising the work
involved. To perform a commercially useful function, the DBE must also be responsible, with
respect to materials and supplies on the contract, for negotiating price, determining quality and
quantity, ordering the material, and installing (where applicable) and paying for the material
itself that it uses on the project. To determine whether a DBE is performing a commercially
useful function, the LPA/Subrecipient will evaluate the amount of work subcontracted, industry
practices, whether the amount the firm is to be paid under the contract is commensurate with
the work it is actually performing and the DBE credit claimed for its performance of the work,
and other relevant factors.
A DBE will not be considered to perform a commercially useful function if its role is limited to
that of an extra participant in a transaction, contract, or project through which funds are passed
in order to obtain the appearance of DBE participation. In determining whether a DBE is such
an extra participant, the LPA/Subrecipient will examine similar transactions, particularly those
in which DBEs do not participate.
If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of
its contract with its own work force, or if the DBE subcontracts a greater portion of the work of
a contract than would be expected on the basis of normal industry practice for the type of work
involved, LPA/Subrecipient will presume that the DBE is not performing a commercially useful
function.
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 11/12
When a DBE is presumed not to be performing a commercially useful function as provided
above, the DBE may present evidence to rebut this presumption. The Department will
determine if the firm is performing a CUF given the type of work involved and normal industry
practices.
The LPA/Subrecipient will notify the consultant, in writing, if it determines that the consultant’s
DBE subconsultant is not performing a CUF. The consultant will be notified within seven
calendar days of the LPA/Subrecipient’s decision.
Decisions on CUF may be appealed to the ADOT BECO. The appeal must be in writing and
personally delivered or sent by certified mail, return receipt requested, to the ADOT BECO.
The appeal must be received by ADOT BECO no later than seven calendar days after the
LPA/Subrecipient’s decision. LPA/Subrecipient’s decision remains in place unless and until
the ADOT BECO reverses or modifies LPA/Subrecipient’s decision. ADOT BECO will promptly
consider any appeals under this subsection and notify the consultant of the ADOT BECO
findings and decisions. Decisions on CUF matters are not administratively appealable to
USDOT.
The LPA/Subrecipient may conduct project site visits on the contract to confirm that DBEs are
performing a CUF. The consultant shall cooperate during the site visits and the
LPA/Subrecipient staff will make every effort not to disrupt work on the project.
15.0
Required Provisions for DBE Subcontracts:
All subcontracts of any tier, all supply contracts, and any other contracts in which a DBE is a
participant shall include as a physical attachment, DBE Subconsultant Compliance Assurances
available from the LPA/Subrecipient and all of the Uniform Terms and Conditions set forth in
other sections of this contract.
Consultants executing agreements with subconsultants, DBE or non-DBE, that materially
modify federal regulation and state statutes such as, prompt payment and retention
requirements, through subcontract terms and conditions will be found in breach of contract
which may result in termination of the contract, or any other such remedy as the
LPA/Subrecipient and ADOT deem appropriate as outlined in DBE Subsection 2.0.
The LPA/Subrecipient reserves the right to conduct random reviews of DBE and non-DBE
subcontract documentation to ensure compliance with federal requirements.
The consultant shall ensure that all subcontracts or agreements with DBEs to supply labor or
materials require that the subcontract and all lower tier subcontracts be performed in accordance
with 49 CFR Part 26 provisions.
The Consultant shall provide electronic copies of signed subcontract agreements for all DBE
Subconsultants listed on the DBE Intended Participation Affidavit Summary by uploading them
within 15 calendar days of an approved contract to the LPA DBE System.
16.0
Certification of Final DBE Payments:
Professional Services DBE Special Provisions 08/26/2016
LPA PS EPRISE - 12/12
DBE participation on the contract is measured by actual payments made to the DBEs. The
consultant shall submit the “Certification of Final DBE Payments” form for each DBE firm
working on the contract. This form shall be signed by the consultant and the relevant DBE, and
submitted to the LPA/Subrecipient no later than 30 days after the DBE completes its work.
The LPA/Subrecipient and ADOT will use this certification and other information available to
determine applicable DBE credit allowed to date by the Prime Consultant and the extent to
which the DBE firms were fully paid for that work. By the act of filing the forms, the consultant
acknowledges that the information is supplied in order to justify the payment of state and
federal funds to the consultant.
The consultant will not be released from the obligations of the contract until the “Certification of
Final DBE Payments” forms are received and deemed acceptable by the LPA/Subrecipient.
17.0
False, Fraudulent, or Dishonest Conduct:
In addition to any other remedies or actions, the Department will bring to the attention of the
US Department of Transportation any appearance of false, fraudulent, or dishonest conduct in
connection with the DBE program, so that USDOT can take steps such as referral to the
Department of Justice for criminal prosecution, referral to the USDOT Inspector General for
possible initiation of suspension and debarment proceedings against the offending parties or
application of “Program Fraud and Civil Penalties” rules provided in 49 CFR Part 31.
11.0
DBE
FORMS/DOCUMENTS/GUIDE
-
INSTRUCTIONS/GUIDE
-
BIDDERS PROPOSERS LIST
-
DBE FORM 3210PS
DBE DOCUMENTS AND INSTRUCTIONS/GUIDE
Race Neutral – 0% Goal
SUBMIT WITH SOQ:
Bidders –Proposers List
This is an ADOT On Line Submittal Process.
Email Verification
An Email Verification / Confirmation will be
provided to you by the system after you submit.
Save this email verification as a pdf document
and submit with SOQ.
----------------------------------------------------------------------------------------------------------------------------- --------
SUBMIT AT SCOPE & FEE FINALIZATION:
No additional DBE Documents are required at this phase.
*Important Note: At this phase, a packet of all DBE documentation is prepared and submitted to ADOT BECO by
City of Chandler. This DBE Packet must be approved by ADOT BECO prior to City of Chandler Council Date for
approval of the contract.
----------------------------------------------------------------------------------------------------------------------------- ---------
DURING THE COURSE OF THE CONTRACT WORK,
SUBMIT AS APPLICABLE
DBE Form 3210PS – Final Payment
This DBE Form is required for every DBE
Subconsultant, whether or not listed as
A committed goal DBE subconsultant or not,
And, whether or not there is a DBE Goal.
Important Note Regarding DBE Forms:
DBE Forms provided by City of Chandler FOR THIS PROJECT MUST BE USED.
Do not use forms found on ADOT Website.
Do not use previously saved City of Chandler forms from a previous project.
2021-04-29
Bidders-Proposers List Pg 1 of 1
BIDDERS/PROPOSERS LIST
FEDERAL DOCUMENT REQUIRED: Email Verification Print Out
Create the On-Line Bidders/Proposers List on the website listed below. You will receive an email
verification confirming your electronic submittal. Print out EMAIL VERIFICATION and submit with SOQ.
WHERE TO CREATE AND SUBMIT BIDDERS/PROPOSERS LIST: https://utracs.azdot.gov/BiddersListInfo/
WHERE TO CALL FOR QUESTIONS (SHOWN ON WEBSITE): 602-712-7761
Caution: This email originated outside the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
From:
ADOT Business Engagement and Compliance Office
To:
Carla Silvernale
Cc:
ContractorCompliance@azdot.gov
Subject:
Bidders List for Consultant Engineering, Inc.
Date:
Tuesday, September 26, 2023 12:28:08 PM
Consultant Engineering, Inc., AZUTRACS Number: 10192 has submitted a Bidder/Proposer list for T031701C-CM on
09/26/2023 at 12:27 PM MST (UTC - 07:00).
Bidders/Proposers for this firm include:
Firm
Name
AZUTRACS
#
Expiration
Date
Email
Address
Phone
Number
Mak Pro Services LLC
10670
10/05/2025
teresa@makprosvc.com
602-421-
3069
Quality Testing, LLC
10910
09/18/2026
agarner@qt-az.com
425-345-
3258
Tristar Engineering and Management, Inc.
11222
11/15/2025
jakin@tristar-az.com
602-568-
4661
WSP USA Environment & Infrastructure
Inc.
11340
01/05/2026
angie.salaiz@wsp.com
602-290-
6692
12.0
PAY REQUESTS
-
PAYMENT APPLICATION
-
SUBCONSULTANT SUMMARY FORM
Approved By:
Project Manager
Date
CIP Supervisor
Date
Revised: 4/14/23
Official City of Chandler Use Only
Authorized Signature
Date
Email PDF Signed Payment Application to: CapitalProjects.Payables@chandleraz.gov
Or Submit to: City of Chandler, Capital Projects MS 407, PO Box 4008, Chandler, AZ 85244
PROFESSIONAL SERVICES AGREEMENT
APPLICATION AND CERTIFICATION FOR
Budget Account #'s:
PO #:
PAYMENT # _____
Application is made for payment as shown below and on the
attached Payment Schedule Summary Sheet in accordance with the
Contract Documents.
Official City of Chandler
Use Only
Date Rec'd: _____________________
Record ID: ______________________
Date Recorded:_________________
Check if FINAL payment:
Consultant Information:
Name: _______________________________________________________ Invoice #:__________________________________
Remit to Address: _______________________________________________________________________________________________________________________
Contact Name: ___________________________________ Phone: __________________ Email Address: ___________________________________________
Project Name: ___________________________________________________________________________________________________________
Project No.: ____________________________ Federal/ADOT No. (if applicable): __________________________________________________
Pay Period Beginning: _______________ Ending: _______________ City Contact Name: ______________________________________
Total Time Elapsed: ___________%
Contract Amendment Summary
No. Date
Amount
RED FIELDS AUTO CALCULATE
Do not enter amount manually
Consultant's/Engineer's Certification
The undersigned certifies that the work covered by this Application for Payment has been completed in accordance with the Contract
Documents; that all amounts have been paid for work which previous Certificates of Payment were issued and payments received from the Owner;
and that the current payment requested as shown is current, accurate, and complete.
1. Original Contract Price:
$__________________________________
2. Contract Amendments to Date:
$__________________________________
3. Adjusted Contract Price (Line 1 + 2):
$__________________________________
4. Total Amount Due to Date:
$__________________________________
(per attached Payment Schedule)
Work Completed to Date:__________%
5. Total Previous Certificates for Payment: $__________________________________
6. Federal Penalties if Applicable (per City): $_________________________________
Deduct Penalties (-) or Credit Reimb (+)
7. Current Payment Due (Line 4 - 5 - or +6): $__________________________________
$
$
$
Calendar
Days
$
Notice to Proceed (NTP) Date:
Original Contract Duration:
Revised Contract Duration:
Contract Amendments:
Contract Expiration Date:
Contract Time Summary
(applicable milestones per contract)
Calendar Days
Calendar Days
Calendar Days
0.00
0.00
0.00
0.00
0
0
name
name
name
name
name
name
name
-
$
-
$
-
$
-
$
-
$
-
$
-
$
Pay App
#
Work Mo
Pay Mo
DBE Rpt
Mo
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
Project Numbers
SUBCONSULTANT INVOICES/PAYMENT SUMMARY DETAIL
Consultant
Project Name
PROFESSIONAL SERVICES PAY APP BACKUP - (REQUIRED)
Total To Date
Bal Remaining
Month
Subconsultants
DBE-> YES / NO
Contract Amt
Change Order(s):
Total Contract:
Lower Tier --> (x)
Lower Tier to:
13.0
SUBCONSULTANT SUBCONTRACTS REQUIREMENTS
Rev: 2023-08-11
SUBCONSULTANTS – PROFESSIONAL SERVICES
REQUIREMENTS AND SUBCONTRACTS
1. Subconsultants will be required to be approved by the City. Required forms will be provided.
2. Subconsultants must have a current AZUTracs registration 5-digit number and current profile.
https://utracs.azdot.gov/
3. Subconsultants must be registered/have a current/up to date profile in the DOORS reporting
system for Payment Reporting, DBE Reporting, and Prompt Pay Reporting. (link is on the
AZUTracs web page).
4. Subconsultants (including lower tiers) will be required to report into the DOORs system on a
monthly basis during the life of their subcontract.
5. No Consultant/Subconsultant can work on a federal funded contract if they have been debarred
and/or have unresolved federal tax liens.
6. The “Joint Check” process – where a Prime pays a subconsultant’s lower tier or vendor is not
allowed on FHWA Federal Funded Professional Services Contracts.
7. DBE Subconsultants subcontract tasks must be applicable to their registered NAICS code(s).
8. Subconsultants for QA/QC/IA Testing – must be on the ADOT Accredited Laboratories / ADOT
Accredited Material Testing Laboratories List.
https://azdot.gov/business/engineering-and-construction/materials/materials-quality-assurance/adot-accredited
9. Subconsultants Invoices: Required to submit timely/monthly invoices to the Prime on a calendar
monthly basis. The Prime Consultant’s monthly pay application to the City must include all work
performed by subconsultants during the work period the pay application is being submitted for.
10. No work can be started prior to the Prime’s Contract Notice to Proceed date.
SUBCONTRACTS
All Subcontracts:
1. There are specific federal documents that must be included in all subcontracts.
2. A set of these federal documents will be provided by the City. There will be a required set of
federal documents for a DBE Subconsultant Subcontract and a Non-DBE Subconsultant
Subcontract.
3. Subcontract tasks must be applicable to/related to the Prime’s Contract Task Detail with the City.
4. DBE Subcontracts Task Detail must show breakdown pricing for each task item.
5. Subcontract must show: Project Name, Project Numbers, and Names and addresses for both
Prime and Subconsultant.
14.0
FORCED LABOR ETHNIC UYGHURS FORM
Infrastructure Delivery and Operations
FORCED LABOR OF ETHNIC UVGHURS BAN
Certification Form
Forced Labor of Ethnic Uyghurs Ban
Please note that if any of the following apply to the Consultant, then the Offeror shall select the "Exempt Consultant"
option below:
•
Consultant is a sole proprietorship;
•
Consultant has fewer than ten (10) employees; OR
•
Consultant is a non-profit organization.
Pursuant to A.R.S. § 35-394, the State of Arizona prohibits a public entity from entering into or renewing a contract with a
company unless the contract includes written certification that the company does not use the forced labor, or any goods or
services produced by the forced labor, or use any consultants, subconsultants, or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
Under A.R.S. §35-394:
1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability
partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-
owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.
(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.
(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid
business reason.
2. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State
or a political subdivision of this State.
In compliance with A.R.S. §§ 35-394 et seq., all offerors must select one of the following:
The Company submitting this Offer does not use, and agrees not to use during the term of the contract, any of the
following:
•
Forced labor of ethnic Uyghurs in the People's Republic of China;
□
• Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China; or
•
Any Consultants, Subconsultants, or suppliers that use the forced labor or any goods or services produced by
the forced labor of ethnic Uyghurs in the People's Republic of China.
□
The Company submitting this Offer does participate in use of Forced Uyghurs Labor as described in A.R.S. § 35-394.
Exempt Consultant.
Indicate which of the following statements applies to this Consultant (may be more than one):
□
D Consultant is a sole proprietorship;
□ Consultant has fewer than ten (10) employees; and/or
□ Consultant is a non-profit organization.
Company Name
Signature of Person Authorized to Sign
Address
Printed Name
City
State
Zip
Title
ADOT ECS Contract Required Document as of 07-01-2024
Forced Labor of Ethnic Uyghurs Ban Certification Form (rev 10-2022}
X
Consultant Engineering, Inc.
135 E Chilton, Suite 101
Chandler
AZ 85225
Brian C. Lizzet
Sr. Vice President
END OF FEDERAL DOCUMENTS SECTION