Common use of ADOT Consultant Clause in Contracts

ADOT Consultant. ADOT has a specific conflict of interest policy for the Project respecting ADOT consultants and their affiliates. A copy of the current policy is provided as Attachment 1 to this RFQ. Proposers shall comply with this conflict of interest policy. Exceptions to this policy may be granted by ADOT, upon written request from such person or firm, if it is determined that the person’s or firm’s involvement is in the best interest of the public and does not constitute an unfair advantage. Proposer teams seeking such exception shall submit such written request as soon as possible (optimally by September 20, 2017) because ADOT shall not extend the SOQ Due Date or be responsible for any inability or failure to respond prior to the SOQ Due Date to any such request. ADOT has engaged a number of consultants to assist and participate in the Project development stages, as well as assist ADOT during the procurement process for the Project. Proposer is prohibited from teaming with, receiving any advice, or discussing (except discussing in a forum established pursuant to the RFP) any aspect relating to the Project or the procurement of the Project with any such consultants, including:  HDR Engineering, Inc.;  KPMG LLP;  Nossaman LLP;  WSP Global Inc.;  Sperry Capital; and  CDM Xxxxx. ADOT may disqualify a Proposer, and refuse to enter into the P3 Agreement with the apparent best value Proposer if ADOT determines that: (a) The Proposer has made impermissible contact with any of the ADOT consultants listed above with respect to this procurement and/or P3 Agreement; or (b) The Proposer includes any of the ADOT consultants listed above on the Proposer’s team. Any violation of the foregoing restrictions by the apparent best value Proposer will, in ADOT’s sole discretion, constitute a failure to execute the P3 Agreement and result in the forfeiture of the Proposer’s security. By submitting its SOQ, each Proposer agrees that, if an organizational conflict of interest is thereafter discovered, the Proposer must make an immediate and full written disclosure to ADOT that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest that the Proposer knew, or should have known about, but failed to disclose is determined to exist during the procurement process, ADOT may disqualify the Proposer. If an organizational conflict of interest that the Proposer knew, or should have known about, but failed to disclose exists and the Proposer has entered into a P3 Agreement with such entity, ADOT may terminate the P3 Agreement. In either case, ADOT reserves all legal rights and remedies. Proposers should not view the foregoing list as an exhaustive list of those firm(s) that have or may have conflicts of interest. Proposers are also advised that ADOT’s guidelines in this RFQ are intended to augment applicable federal and state law, including federal organizational conflict of interest laws and rules and the laws and rules relating to the National Environmental Policy Act. Such applicable law will also apply to Proposer teams and teaming and may preclude certain firms and their entities from participating on a Proposer team.

ADOT Consultant. ADOT has a specific conflict of interest policy for the Project respecting ADOT consultants and their affiliates. A copy of the current policy is provided as Attachment 1 to this RFQ. Proposers shall comply with this conflict of interest policy. Exceptions to this policy may be granted by ADOT, upon written request from such person or firm, if it is determined that the person’s or firm’s involvement is in the best interest of the public and does not constitute an unfair advantage. Proposer teams seeking such exception shall submit such written request as soon as possible (optimally by September 2018,20, 2017) because ADOT shall not extend the SOQ Due Date or be responsible for any inability or failure to respond prior to the SOQ Due Date to any such request. ADOT has engaged a number of consultants to assist and participate in the Project development stages, as well as assist ADOT during the procurement process for the Project. Proposer is prohibited from teaming with, receiving any advice, or discussing (except discussing in a forum established pursuant to the RFP) any aspect relating to the Project or the procurement of the Project with any such consultants, including:  HDR Engineering, Inc.;  KPMG LLP;  Nossaman LLP;  WSP Global Inc.;  Sperry Capital; and  CDM Xxxxx. ADOT may disqualify a Proposer, and refuse to enter into the P3 Agreement with the apparent best value Proposer if ADOT determines that: (a) The Proposer has made impermissible contact with any of the ADOT consultants listed above with respect to this procurement and/or P3 Agreement; or (b) The Proposer includes any of the ADOT consultants listed above on the Proposer’s team. Any violation of the foregoing restrictions by the apparent best value Proposer will, in ADOT’s sole discretion, constitute a failure to execute the P3 Agreement and result in the forfeiture of the Proposer’s security. Arizona Department of Transportation Phoenix Metropolitan Area Freeway Lighting Project Page 50 of 5858 Request for Qualifications Project #F014701C Addendum #3, September 14, 2017 By submitting its SOQ, each Proposer agrees that, if an organizational conflict of interest is thereafter discovered, the Proposer must make an immediate and full written disclosure to ADOT that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest that the Proposer knew, or should have known about, but failed to disclose is determined to exist during the procurement process, ADOT may disqualify the Proposer. If an organizational conflict of interest that the Proposer knew, or should have known about, but failed to disclose exists and the Proposer has entered into a P3 Agreement with such entity, ADOT may terminate the P3 Agreement. In either case, ADOT reserves all legal rights and remedies. Proposers should not view the foregoing list as an exhaustive list of those firm(s) that have or may have conflicts of interest. Proposers are also advised that ADOT’s guidelines in this RFQ are intended to augment applicable federal and state law, including federal organizational conflict of interest laws and rules and the laws and rules relating to the National Environmental Policy Act. Such applicable law will also apply to Proposer teams and teaming and may preclude certain firms and their entities from participating on a Proposer team.

ADOT Consultant. ‌ ADOT has a specific conflict of interest policy for the Project respecting ADOT consultants and their affiliates. A copy of the current policy is provided as Attachment 1 to this RFQ. Proposers shall comply with this conflict of interest policy. Exceptions to this policy may be granted by ADOT, upon written request from such person or firm, if it is determined that the person’s or firm’s involvement is in the best interest of the public and does not constitute an unfair advantage. Proposer teams seeking such exception shall submit such written request as soon as possible (optimally by September 2018, 2017) because ADOT shall not extend the SOQ Due Date or be responsible for any inability or failure to respond prior to the SOQ Due Date to any such request. ADOT has engaged a number of consultants to assist and participate in the Project development stages, as well as assist ADOT during the procurement process for the Project. Proposer is prohibited from teaming with, receiving any advice, or discussing (except discussing in a forum established pursuant to the RFP) any aspect relating to the Project or the procurement of the Project with any such consultants, including:  • HDR Engineering, Inc.;  • KPMG LLP;  • Nossaman LLP;  • WSP Global Inc.;  • Sperry Capital; and  • CDM Xxxxx. ADOT may disqualify a Proposer, and refuse to enter into the P3 Agreement with the apparent best value Proposer if ADOT determines that: (a) The Proposer has made impermissible contact with any of the ADOT consultants listed above with respect to this procurement and/or P3 Agreement; or (b) The Proposer includes any of the ADOT consultants listed above on the Proposer’s team. Any violation of the foregoing restrictions by the apparent best value Proposer will, in ADOT’s sole discretion, constitute a failure to execute the P3 Agreement and result in the forfeiture of the Proposer’s security. By submitting its SOQ, each Proposer agrees that, if an organizational conflict of interest is thereafter discovered, the Proposer must make an immediate and full written disclosure to ADOT that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest that the Proposer knew, or should have known about, but failed to disclose is determined to exist during the procurement process, ADOT may disqualify the Proposer. If an organizational conflict of interest that the Proposer knew, or should have known about, but failed to disclose exists and the Proposer has entered into a P3 Agreement with such entity, ADOT may terminate the P3 Agreement. In either case, ADOT reserves all legal rights and remedies. Proposers should not view the foregoing list as an exhaustive list of those firm(s) that have or may have conflicts of interest. Proposers are also advised that ADOT’s guidelines in this RFQ are intended to augment applicable federal and state law, including federal organizational conflict of interest laws and rules and the laws and rules relating to the National Environmental Policy Act. Such applicable law will also apply to Proposer teams and teaming and may preclude certain firms and their entities from participating on a Proposer team.team.‌