Contract 32500036 Dibble S Watson Rd.pdf

PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BUCKEYE
AND
DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC.
CONTRACT NO. 32500036
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as 
of_____________, between the City of Buckeye, an Arizona municipal corporation (the 
“City”), and Dibble and Associates Consulting Engineers, Inc., an Arizona corporation (the 
“Consultant”).
RECITALS
A. The City issued a Request for Qualifications, “Professional Services for the South
Watson Road,” (the “RFQ”), a copy of which is on file in the City’s Finance Office and 
incorporated herein by reference, seeking statements of qualifications from vendors for 
professional consulting services.
B.
The Consultant submitted a Statement of Qualifications in response to the
RFQ (the “SOQ”), a copy of which is on file in the City’s Finance Office and incorporated 
herein by reference, and the City desires to enter into an Agreement with the Consultant to 
provide consulting services for Professional Services for the South Watson Road project (the 
“Services”).
AGREEMENT 
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which 
are incorporated herein by reference, the following mutual covenants and conditions, and 
other good and valuable consideration, the receipt and sufficiency of which are hereby 
acknowledged, the City and the Consultant hereby agree as follows:
1.
Term of Agreement. This Agreement shall be for 50 weeks after the date of the
Notice to Proceed, unless terminated as otherwise provided in this Agreement.  
2.
Scope of Work.  The Consultant shall provide the Services as set forth in the
Scope of Work and Fee Proposal attached hereto as Exhibit A and incorporated herein by 
reference.  The Consultant shall (i) provide the Services required by this Agreement, (ii) be 
responsible for all means, methods, techniques, sequences, and proceedings associated 
with the Services, and (iii) be responsible for the acts and omissions of its employees, agents 
and other persons performing any of the Services under a contract with the Consultant. 
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Prior to commencing the Services, the Consultant shall tour the Project site and become 
familiar with existing conditions, including utilities, and notify the City of any constraints 
associated with the Project site.
3.
Compensation. The City shall pay the Consultant an amount not to exceed
Six Hundred Sixty Thousand Nine Hundred Fifteen Dollars and Zero Cents 
($660,915.00) for the Services at the rates set forth in the Scope of Work and Fee Proposal. 
4.
Payments.
The City shall pay the Consultant monthly, based upon work
performed and completed to date, and upon submission and approval of invoices.  All 
invoices shall document and itemize all work completed to date.  Each invoice statement 
shall include a record of time expended and work performed in sufficient detail to justify 
payment.
5.
Safety Plan.  The Consultant shall provide the Services in accordance with a
safety plan that is compliant with Occupational Safety and Health Administration (“OSHA”), 
American National Standards Institute, and National Institute for Occupational Safety and 
Health standards.  If, in the Consultant’s sole determination, the Services to be provided do 
not require a safety plan, the Consultant shall notify the City, in writing, describing the 
reasons a safety plan is unnecessary.  The City reserves the right to request a safety plan 
following such notification.   
6.
Documents.  All documents, including any intellectual property rights thereto,
prepared and submitted to the City pursuant to this Agreement shall be the property of the 
City.  The City may use such documents for other purposes without further compensation 
to the Consultant; however, any reuse without written verification or adaptation by the 
Consultant for the specific purpose intended will be at the City’s sole risk and without 
liability or legal exposure to the Consultant. 
7.
Consultant Personnel.  The Consultant shall provide experienced personnel,
capable of and devoted to the successful performance of the Services under this 
Agreement.  The Consultant agrees to assign specific individuals to key positions.  If deemed 
qualified, the Consultant is encouraged to hire City residents to fill vacant positions at all 
levels.  The Consultant agrees that, upon commencement of the Services to be performed 
under this Agreement, key personnel will not be removed or replaced without prior written 
notice to the City.  If key personnel are not available to perform the Services for a continuous 
period exceeding 30 calendar days, or are expected to devote substantially less effort to the 
Services than initially anticipated, the Consultant shall immediately notify the City of same 
and shall, subject to the concurrence of the City, replace such personnel with personnel 
possessing substantially equal ability and qualifications. 
8.
Inspection; Acceptance.  All work shall be subject to inspection and
acceptance by the City at reasonable times during the Consultant’s performance.  The 
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Consultant shall provide and maintain a self-inspection system that is acceptable to the 
City.
9. 
Licenses.  The Consultant shall maintain in current status all federal, state, 
and local licenses and permits required for the operation of the business conducted by the 
Consultant.  The City has no obligation to provide the Consultant, its employees, or 
subcontractors any business registrations or licenses required to perform the specific 
services set forth in this Agreement.   
 
10. 
Materials; Equipment.  The Consultant shall provide, pay for, and insure under 
the requisite laws and regulations all labor, materials, equipment, tools, transportation, and 
other facilities and services necessary for the proper execution and completion of the 
Services.
11.
Performance Warranty.  In addition to any specific obligations set forth in 
Exhibit A, the Consultant warrants that the Services rendered will conform to the 
requirements of this Agreement and shall be carried out with the care and skill ordinarily 
used by members of the same profession practicing under similar circumstances at the 
same time and in the same locality.
 
12. 
Indemnification. To the fullest extent permitted by law, the Consultant shall 
indemnify and hold harmless the City and each council member, officer, employee, or agent 
thereof (the City and any such person being herein called an “Indemnified Party”), for, from, 
and against any and all losses, claims, damages, liabilities, costs, and expenses (including, 
but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate 
proceedings) to which any such Indemnified Party may become subject, under any theory of 
liability whatsoever (“Claims”) to the extent that such Claims (or actions in respect thereof) 
are caused by the negligent acts, recklessness or intentional misconduct of the Consultant, 
its officers, employees, agents, or any tier of subcontractor in connection with the 
Consultant’s work or services in the performance of this Agreement.  The amount and type 
of insurance coverage requirements set forth below will in no way be construed as limiting 
the scope of the indemnity in this Section.
 
13. 
Insurance. 
 
13.1 
General. 
A. 
Insurer Qualifications.  Without limiting any obligations or 
liabilities of the Consultant, the Consultant shall purchase and maintain, at its own 
expense, hereinafter stipulated minimum insurance with insurance companies 
authorized to do business in the State of Arizona pursuant to ARIZ.REV.STAT. § 20-206, 
as amended, with an AM Best, Inc. rating of A- or above with policies and forms 
satisfactory to the City.  Failure to maintain insurance as specified herein may result 
in termination of this Agreement at the City’s option. 
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B.
No Representation of Coverage Adequacy.  By requiring 
insurance herein, or by approving or expressing satisfaction with insurance policies 
and forms pursuant to the provisions of this agreement, the City does not represent 
that coverage and limits will be adequate to protect the Consultant.  The City reserves 
the right to review any and all of the insurance policies and/or endorsements cited in 
this Agreement, but has no obligation to do so.  Failure to demand such evidence of 
full compliance with the insurance requirements set forth in this Agreement or failure 
to identify any insurance deficiency shall not relieve the Consultant from, nor be 
construed or deemed a waiver of, its obligation to maintain the required insurance at 
all times during the performance of this Agreement.
 
C.
Additional Insured.  All insurance coverage, except Workers’ 
Compensation insurance and Professional Liability insurance, if applicable, shall 
name, to the fullest extent permitted by law for claims arising out of the performance 
of this Agreement, the City, its agents, representatives, officers, directors, officials 
and employees as Additional Named Insured as specified under the respective 
coverage sections of this Agreement.
D. 
Coverage Term.  All insurance required herein shall be 
maintained in full force and effect until all work or services required to be performed 
under the terms of this Agreement are satisfactorily performed, completed, and 
formally accepted by the City, unless specified otherwise in this Agreement.
E. 
Primary Insurance.  The Consultant’s insurance shall be 
primary insurance with respect to performance of this Agreement and in the 
protection of the City as an Additional Insured.
F.
Claims Made. In the event any insurance policies required by 
this Agreement are written on a “claims made” basis, coverage shall extend, either 
by keeping coverage in force or purchasing an extended reporting option, for three 
years past completion and acceptance of the services.  Such continuing coverage 
shall be evidenced by submission of annual Certificates of Insurance and necessary 
endorsements citing applicable coverage is in force and contains the provisions as 
required herein for the three-year period.
G.
Waiver.  All policies, except for Professional Liability, including 
Workers’ Compensation insurance, shall contain a waiver of rights of recovery 
(subrogation) against the City, its agents, representatives, officials, officers, and 
employees for any claims arising out of the work or services of the Consultant.  The 
Consultant shall arrange to have such subrogation waivers incorporated into each 
policy via formal written endorsement thereto. 
 
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H.
Policy Deductibles and/or Self-Insured Retentions.  The policies 
set forth in these requirements may provide coverage that contains deductibles or 
self-insured retention amounts.  Such deductibles or self-insured retention shall not 
be applicable with respect to the policy limits provided to the City.  The Consultant 
shall be solely responsible for any such deductible or self-insured retention amount.
I.
Use of Subcontractors.  If any work under this Agreement is 
subcontracted in any way, the Consultant shall execute written agreements with its 
subcontractors containing the indemnification provisions set forth in this Section 
and insurance requirements set forth herein protecting the City and the Consultant.  
The Consultant shall be responsible for executing any agreements with its 
subcontractors and obtaining certificates of insurance verifying the insurance 
requirements.
J.
Evidence of Insurance.  Prior to commencing any work or 
services under this Agreement, the Consultant will provide the City with suitable 
evidence of insurance in the form of certificates of insurance and a copy of the 
declaration page(s) of the insurance policies as required by this Agreement, issued 
by the Consultant’s insurance insurer(s) as evidence that policies are placed with 
acceptable insurers as specified herein and provide the required coverages, 
conditions and limits of coverage specified in this Agreement and that such coverage 
and provisions are in full force and effect.  Confidential information such as the policy 
premium may be redacted from the declaration page(s) of each insurance policy, 
provided that such redactions do not alter any of the information required by this 
Agreement.  The City shall reasonably rely upon the certificates of insurance and 
declaration page(s) of the insurance policies as evidence of coverage but such 
acceptance and reliance shall not waive or alter in any way the insurance 
requirements or obligations of this Agreement.  If any of the policies required by this 
Agreement expire during the life of this Agreement, it shall be the Consultant’s 
responsibility to forward renewal certificates and declaration page(s) to the City 30 
days prior to the expiration date.  All certificates of insurance and declarations 
required by this Agreement shall be identified by referencing this Agreement.  A 
$25.00 administrative fee shall be assessed for all certificates or declarations
received without the appropriate reference to this Agreement.  Additionally, 
certificates of insurance and declaration page(s) of the insurance policies submitted 
without referencing this Agreement will be subject to rejection and may be returned 
or discarded.  Certificates of insurance and declaration page(s) shall specifically 
include the following provisions: 
(1)
The City, its agents, representatives, officers, directors, 
officials, and employees are Additional Insureds as follows:
 
(a)
Commercial General Liability – Under Insurance 
Services Office, Inc., (“ISO”) Form CG 20 10 04 13 or equivalent. 
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(b)
Auto Liability – Under ISO Form CA 20 48 or 
equivalent.
 
(c) 
Excess Liability – Follow Form to underlying 
insurance.
 
(2)
The Consultant’s insurance shall be primary insurance 
with respect to performance of this Agreement. 
 
(3) 
All policies, except for Professional Liability, including 
Workers’ Compensation, waive rights of recovery (subrogation) against the 
City, its agents, representatives, officers, officials, and employees for any 
claims arising out of work or services performed by the Consultant under this 
Agreement. 
 
ACORD certificate of insurance form 25 (2014/01) is preferred.  If ACORD certificate 
of insurance form 25 (2001/08) is used, the phrases in the cancellation provision 
“endeavor to” and “but failure to mail such notice shall impose no obligation or 
liability of any kind upon the company, its agents or representatives” shall be 
deleted.  Certificate forms other than ACORD form shall have similar restrictive 
language deleted. 
 
K. 
Endorsements.  The Consultant shall provide the City with the 
necessary endorsements to ensure the City is provided the insurance coverage set 
forth in this Section 13. 
13.2
Required Insurance Coverage. 
A.
Commercial General Liability.  The Consultant shall maintain 
“occurrence” form Commercial General Liability insurance with an unimpaired limit 
of not less than $1,000,000 for each occurrence, $2,000,000 Products and 
Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit.  
The policy shall cover liability arising from premises, operations, independent 
contractors, products-completed operations, personal injury, and advertising injury.  
Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 
or equivalent thereof, including but not limited to, separation of insured’s clause.  To 
the fullest extent allowed by law, for claims arising out of the performance of this 
Agreement, the City, its agents, representatives, officers, officials, and employees 
shall be cited as an Additional Insured under ISO, Commercial General Liability 
Additional Insured Endorsement form CG 20 10 04 13, or equivalent, which shall read 
“Who is an Insured (Section II) is amended to include as an insured the person or 
organization shown in the Schedule, but only with respect to liability arising out of 
“your work” for that insured by or for you.”  If any Excess insurance is utilized to fulfill 
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the requirements of this subsection, such Excess insurance shall be “follow form” 
equal or broader in coverage scope than underlying insurance.
B. 
Vehicle Liability.  The Consultant shall maintain Business 
Automobile Liability insurance with a limit of $1,000,000 each occurrence on the 
Consultant’s owned, hired, and non-owned vehicles assigned to or used in the 
performance of the Consultant’s work or services under this Agreement.  Coverage 
will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 
93 or equivalent thereof.  To the fullest extent allowed by law, for claims arising out 
of the performance of this Agreement, the City, its agents, representatives, officers, 
directors, officials, and employees shall be cited as an Additional Insured under ISO 
Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent.  
If any Excess insurance is utilized to fulfill the requirements of this subsection, such 
Excess insurance shall be “follow form” equal or broader in coverage scope than 
underlying insurance.
C. 
Professional Liability.  If this Agreement is the subject of any 
professional services or work, or if the Consultant engages in any professional 
services or work in any way related to performing the work under this Agreement, the 
Consultant shall maintain Professional Liability insurance covering negligent errors 
and omissions arising out of the Services performed by the Consultant, or anyone 
employed by the Consultant, or anyone for whose negligent acts, mistakes, errors, 
and omissions the Consultant is legally liable, with an unimpaired liability insurance 
limit of $2,000,000 each claim and $2,000,000 annual aggregate.  
D. 
Workers’ Compensation Insurance.  If the Consultant employs 
anyone who is required by law to be covered by workers’ compensation insurance, 
the Consultant shall maintain Workers’ Compensation insurance to cover 
obligations imposed by federal and state statutes having jurisdiction over the 
Consultant’s employees engaged in the performance of work or services under this 
Agreement and shall also maintain Employers Liability Insurance of not less than 
$500,000 for each accident, $500,000 disease for each employee and $1,000,000 
disease policy limit.
13.3
Cancellation and Expiration Notice.  The Consultant shall provide at 
least 30 days prior written notice to the City before insurance required herein expires, is 
canceled, or is materially changed.
14. 
Termination; Cancellation.  The City may, by written notice to the Consultant 
as set forth in this Section, terminate this Agreement in whole or in part. 
 
14.1 
For City’s Convenience.  This Agreement is for the convenience of the 
City and, as such, may be terminated without cause after receipt by the Consultant of 
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written notice by the City.  Upon termination for convenience, the Consultant shall be paid 
for all undisputed services performed to the termination date.
14.2 
For Cause.  If either party fails to perform any obligation pursuant to 
this Agreement and such party fails to cure its nonperformance within 30 days after notice 
of nonperformance is given by the non-defaulting party, such party will be in default.  In the 
event of such default, the non-defaulting party may terminate this Agreement immediately 
for cause and will have all remedies that are available to it at law or in equity including, 
without limitation, the remedy of specific performance.  If the nature of the defaulting party’s 
nonperformance is such that it cannot reasonably be cured within 30 days, then the 
defaulting party will have such additional periods of time as may be reasonably necessary 
under the circumstances, provided the defaulting party immediately (A) provides written 
notice to the non-defaulting party and (B) commences to cure its nonperformance and 
thereafter diligently continues to completion the cure of its nonperformance.  In no event 
shall any such cure period exceed 90 days.  In the event of such termination for cause, 
payment shall be made by the City to the Consultant for the undisputed portion of its fee 
due as of the termination date.
14.3 
Due to Work Stoppage.  This Agreement may be terminated by the City 
upon 30 days’ written notice to the Consultant in the event that the Services are permanently 
abandoned.  If the Consultant abandons the Services without the consent of the City, the 
Consultant shall be liable for all actual, incidental, and consequential damages arising from 
or related to said abandonment, including, but not limited to: (A) the difference between the 
cost of a replacement consultant to complete the Services and the contract price for the 
Consultant under this Agreement; and (B) any additional charges, costs, fees or expenses 
for labor, materials or professional services incurred by the City as a result of delays caused 
by abandonment of the Services by the Consultant.  The City shall use its best efforts to 
replace the Consultant within a reasonable time. 
 
14.4 
Conflict of Interest.  This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511.  The City may cancel this Agreement without penalty or further 
obligations by the City or any of its departments or agencies if any person significantly 
involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of 
the City or any of its departments or agencies is, at any time while this Agreement or any 
extension of this Agreement is in effect, an employee of any other party to this Agreement in 
any capacity or a consultant to any other party of this Agreement with respect to the subject 
matter of this Agreement.
14.5 
Gratuities.  The City may, by written notice to the Consultant, cancel 
this Agreement if it is found by the City that gratuities, in the form of economic opportunity, 
future employment, entertainment, gifts, or otherwise, were offered or given by the 
Consultant or any agent or representative of the Consultant to any officer, agent or 
employee of the City for the purpose of securing this Agreement.  In the event this Agreement 
is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any 
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other rights and remedies, to recover and withhold from the Consultant an amount equal to 
150% of the gratuity.
14.6 
Agreement Subject to Appropriation.  The City is obligated only to pay 
its obligations set forth in this Agreement as may lawfully be made from funds appropriated 
and budgeted for that purpose during the City’s then-current fiscal year.  The City’s 
obligations under this Agreement are current expenses subject to the “budget law” and the 
unfettered legislative discretion of the City concerning budgeted purposes and 
appropriation of funds.  Should the City elect not to appropriate and budget funds to pay its 
Agreement obligations, this Agreement shall be deemed terminated at the end of the then-
current fiscal year term for which such funds were appropriated and budgeted for such 
purpose and the City shall be relieved of any subsequent obligation under this Agreement.  
The parties agree that the City has no obligation or duty of good faith to budget or appropriate 
the payment of the City’s obligations set forth in this Agreement in any budget in any fiscal 
year other than the fiscal year in which this Agreement is executed and delivered.  The City 
shall be the sole judge and authority in determining the availability of funds for its obligations 
under this Agreement. The City shall keep the Consultant informed as to the availability of 
funds for this Agreement.  The obligation of the City to make any payment pursuant to this 
Agreement is not a general obligation or indebtedness of the City.  The Consultant hereby 
waives any and all rights to bring any claim against the City from or relating in any way to the 
City’s termination of this Agreement pursuant to this Section. 
 
14.7 
Obligations Upon Receipt of Termination Notice.  Upon receipt of a 
notice of termination as set forth above, the Consultant shall (A) immediately discontinue 
all Services affected (unless the notice directs otherwise), and (B) deliver to the City copies 
of all data, reports, calculations, drawings, specifications, and estimates entirely or partially 
completed, together with all unused materials supplied by the City, related to the Services 
including any completed divisible part of the Services which can be deemed to stand alone 
(the completed divisible parts of the Services will be determined by both parties at the time 
of termination).  Such termination shall not relieve the Consultant of liability for errors and 
omissions.  Any use of incomplete documents for the Services or for any other project 
without the specific written authorization by the Consultant will be without liability or legal 
exposure to the Consultant.  The Consultant shall appraise the work it has completed and 
submit the appraisal to the City for evaluation.  
15. 
Suspension of Work. 
15.1 
Order to Suspend.  The City may, for its convenience, order the 
Consultant, in writing, to suspend all or any part of the Services for such period of time as it 
may determine to be appropriate.  
15.2 
Adjustment to Contract Sum.  If the performance of all or any part of 
the Services is, for any unreasonable period of time, suspended or delayed by an act of the 
City in the administration of this Agreement, or by its failure to act within the time specified 
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in this Agreement (or if no time is specified, within a reasonable time), an adjustment shall 
be made for any increase in cost of performance of this Agreement necessarily caused by 
such unreasonable suspension or modified in writing accordingly.  However, no adjustment 
shall be made under this clause for any suspension or delay (A) to the extent that 
performance was suspended or delayed for any other cause, including the fault or 
negligence of the Consultant, or (B) for which a change order is executed. 
 
16. 
Miscellaneous. 
16.1
Independent Contractor. It is clearly understood that each party will 
act in its individual capacity and not as an agent, employee, partner, joint venturer, or 
associate of the other.  An employee or agent of one party shall not be deemed or construed 
to be the employee or agent of the other for any purpose whatsoever.  The Consultant 
acknowledges and agrees that the Services provided under this Agreement are being 
provided as an independent contractor, not as an employee or agent of the City.  The 
Consultant, its employees, and subcontractors are not entitled to workers’ compensation 
benefits from the City.  The City does not have the authority to supervise or control the actual 
work of the Consultant, its employees or subcontractors.  The Consultant, and not the City, 
shall determine the time of its performance of the services provided under this Agreement 
so long as the Consultant meets the requirements of its agreed Scope of Work as set forth 
in Section 2 and in Exhibit A.  The Consultant is neither prohibited from entering into other 
contracts nor prohibited from practicing its profession elsewhere.  The City and the 
Consultant do not intend to nor will they combine business operations under this 
Agreement.
16.2
Applicable Law; Venue.  This Agreement shall be governed by the laws 
of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in 
Maricopa County, Arizona. 
16.3
Laws and Regulations.  The Consultant shall keep fully informed and 
shall at all times during the performance of its duties under this Agreement ensure that it 
and any person for whom the Consultant is responsible abides by, and remains in 
compliance with, all rules, regulations, ordinances, statutes, or laws affecting the Services, 
including, but not limited to, the following: (A) existing and future City and County 
ordinances and regulations, (B) existing and future State and Federal laws, and (C) existing 
and future OSHA standards.
 
16.4 
Amendments.  This Agreement may be modified only by a written 
amendment signed by persons duly authorized to enter into contracts on behalf of the City 
and the Consultant. 
16.5 
Provisions Required by Law.  Each and every provision of law and any 
clause required by law to be in this Agreement will be read and enforced as though it were 
included herein and, if through mistake or otherwise any such provision is not inserted, or is 
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not correctly inserted, then upon the application of either party, this Agreement will 
promptly be physically amended to make such insertion or correction.
16.6 
Severability.  The provisions of this Agreement are severable to the 
extent that any provision or application held to be invalid by a Court of competent 
jurisdiction shall not affect any other provision or application of this Agreement that may 
remain in effect without the invalid provision or application.
 
16.7 
Entire Agreement; Interpretation; Parol Evidence.  This Agreement 
represents the entire agreement of the parties with respect to its subject matter, and all 
previous agreements, whether oral or written, entered into prior to this Agreement are 
hereby revoked and superseded by this Agreement.  No representations, warranties, 
inducements or oral agreements have been made by any of the parties except as expressly 
set forth herein, or in any other contemporaneous written agreement executed for the 
purposes of carrying out the provisions of this Agreement.  This Agreement shall be 
construed and interpreted according to its plain meaning, and no presumption shall be 
deemed to apply in favor of, or against the party drafting this Agreement.  The parties 
acknowledge and agree that each has had the opportunity to seek and utilize legal counsel 
in the drafting of, review of, and entry into this Agreement. 
16.8 
Assignment; Delegation.  No right or interest in this Agreement shall be 
assigned or delegated by the Consultant without prior, written permission of the City, signed 
by the City Manager.  Any attempted assignment or delegation by the Consultant in violation 
of this provision shall be a breach of this Agreement by the Consultant.
16.9
Subcontracts.  No subcontract shall be entered into by the Consultant 
with any other party to furnish any of the material or services specified herein without the 
prior written approval of the City.  The Consultant is responsible for performance under this 
Agreement whether or not subcontractors are used.  Failure to pay subcontractors in a 
timely manner pursuant to any subcontract shall be a material breach of this Agreement by 
the Consultant.
16.10 Rights and Remedies.  No provision in this Agreement shall be 
construed, expressly or by implication, as waiver by the City of any existing or future right 
and/or remedy available by law in the event of any claim of default or breach of this 
Agreement.  The failure of the City to insist upon the strict performance of any term or 
condition of this Agreement or to exercise or delay the exercise of any right or remedy 
provided in this Agreement, or by law, or the City’s acceptance of and payment for services, 
shall not release the Consultant from any responsibilities or obligations imposed by this 
Agreement or by law, and shall not be deemed a waiver of any right of the City to insist upon 
the strict performance of this Agreement.
 
16.11 Attorneys’ Fees.  In the event either party brings any action for any 
relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or 
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default hereof, the prevailing party shall be entitled to receive from the other party 
reasonable attorneys’ fees and reasonable costs and expenses, determined by the court 
sitting without a jury, which shall be deemed to have accrued on the commencement of 
such action and shall be enforced whether or not such action is prosecuted through 
judgment. 
 
16.12 Liens.  All materials or services shall be free of all liens and, if the City 
requests, a formal release of all liens shall be delivered to the City.
16.13 Offset. 
A. 
Offset for Damages.  In addition to all other remedies at law or 
equity, the City may offset from any money due to the Consultant any amounts the 
Consultant owes to the City for damages that have been reduced to a judgment 
resulting from breach or deficiencies in performance or breach of any obligation 
under this Agreement. 
B. 
Offset for Delinquent Fees or Taxes.  The City may offset from 
any money due to the Consultant any amounts the Consultant owes to the City for 
delinquent fees, transaction privilege use taxes, and property taxes, including any 
interest or penalties.
16.14 Notices and Requests.  Any notice or other communication required or 
permitted to be given under this Agreement shall be in writing and shall be deemed to have 
been duly given if (A) delivered to the party at the address set forth below, (B) deposited in 
the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, 
or (C) given to a recognized and reputable overnight delivery service, to the address set forth 
below:
If to the City:
City of Buckeye
530 E. Monroe Avenue 
Buckeye, Arizona 85236
Email: Contracts@buckeyeaz.gov  
With copy to: 
City of Buckeye 
530 E. Monroe Avenue 
Buckeye, Arizona 85326 
Email: Legal@buckeyeaz.gov  
If to Consultant:
Dibble & Associates Consulting Engineers, Inc.
3020 E. Camelback Road, Suite 201 
Phoenix, Arizona 85016 
Attn: Paul Balch, Vice President 
Email: Paul.Balch@dibblecorp.com  
Professional Services Watson Rd.  
Contract 32500036 
Dibble and Associates Consulting Engineers, INC.
12

or at such other address, and to the attention of such other person or officer, as any party 
may designate in writing by notice duly given pursuant to this subsection.  Notices shall be 
deemed received (A) when delivered to the party, (B) three business days after being placed 
in the U.S. Mail, properly addressed, with sufficient postage, or (C) the following business 
day after being given to a recognized overnight delivery service, with the person giving the 
notice paying all required charges and instructing the delivery service to deliver on the 
following business day.  If a copy of a notice is also given to a party’s counsel or other 
recipient, the provisions above governing the date on which a notice is deemed to have been 
received by a party shall mean and refer to the date on which the party, and not its counsel 
or other recipient to which a copy of the notice may be sent, is deemed to have received the 
notice. 
16.15 Confidentiality of Records.  The Consultant shall establish and 
maintain procedures and controls that are acceptable to the City for the purpose of ensuring 
that information contained in its records or obtained from the City or from others in carrying 
out its obligations under this Agreement shall not be used or disclosed by it, its agents, 
officers, or employees, except as required to perform the Consultant’s duties under this 
Agreement.  Persons requesting such information should be referred to the City.  The 
Consultant also agrees that any information pertaining to individual persons shall not be 
divulged other than to employees or officers of the Consultant as needed for the 
performance of duties under this Agreement.
 
16.16 Information Technology. 
A. 
Limited Access.  If necessary for the fulfillment of this 
Agreement, the City may provide the Consultant with non-exclusive, limited access 
to the City’s information technology infrastructure.  The Consultant understands and 
agrees to abide by all City policies, standards, regulations, and restrictions regarding 
access and usage of the City’s information and communication technology 
resources.  The Consultant shall enforce all such policies, standards, regulations, 
and restrictions with all the Consultant’s employees, agents, or any tier of 
subcontractor granted access in the performance of this Agreement and shall be 
granted and authorized only such access as may be necessary for the purpose of 
fulfilling the requirements of this Agreement.  
B.
Permitted Access.  The Consultant’s employees, agents, and 
subcontractors must receive prior, written approval from the City before being 
granted access to the City’s information and communication technology resources 
and data.  The City, in its sole discretion, shall determine accessibility and limitations 
thereto.  The Consultant agrees that the requirements of this Section shall be 
incorporated into all subcontractor/subconsultant agreements entered into by the 
Consultant.  It is further agreed that a violation of this Section shall be deemed to 
cause irreparable harm that justifies injunctive relief in court.  Notwithstanding the 
Professional Services Watson Rd.  
Contract 32500036 
Dibble and Associates Consulting Engineers, INC.
13

provisions in Section 14, a violation of this Section may result in immediate 
termination of this Agreement without notice.
C.
Data Confidentiality.  All City data and technical information, 
regardless of form, including originals, images, and reproductions, prepared by, 
obtained by, or transmitted to the Consultant in connection with this Agreement, are 
confidential, proprietary information owned by the City.  Except as specifically 
provided in this Agreement, the Consultant shall not, without the prior, written 
consent of the City Manager or authorized designee, (A) disclose data generated in 
the performance of the services to any third party, or (B) use City data and 
information.   
 
D.  
Data Security.  Personal identifying information, financial 
account information, or restricted City information, whether in electronic format or 
hard copy, must be secured and protected at all times to avoid unauthorized access.  
At a minimum, the Consultant must encrypt and/or password-protect electronic 
files.  This includes data saved to laptop computers, computerized devices, or 
removable storage devices.  When City information, regardless of its format, is no 
longer required by the Consultant to execute the work contracted by the City, the 
information must be redacted or destroyed through appropriate and secure methods 
to ensure the information cannot be viewed, accessed, or reconstructed. 
E.
Compromised Security.  In the event that data collected or 
obtained by the Consultant in connection with this Agreement is believed to have 
been compromised, the Consultant shall immediately notify the City Manager, or 
authorized City designee.  The Consultant agrees to reimburse the City for any costs 
incurred by the City to investigate potential breaches of this data by the Consultant 
and, where applicable, the cost of notifying and/or assisting individuals who may be 
impacted by the breach.
F.
Disengagement.  In the event this Agreement is terminated by 
either party, the Consultant agrees to confer back to the City all of its data, in usable 
and normalized format, within 30 days of notice of termination.  There shall be no 
charge for the return of City data to the City. 
 
G. 
Survival.  The obligations of the Consultant under this Section 
16.16 shall survive the termination of this Agreement.
16.17 Records and Audit Rights.  To ensure that the Consultant and its 
subcontractors are complying with the warranty under subsection 16.18, the Consultant’s 
and its subcontractor’s books, records, correspondence, accounting procedures and 
practices, and any other supporting evidence relating to this Agreement, including the 
papers of any of the Consultant’s and its subcontractors’ employees who perform any work 
or services pursuant to this Agreement (all of the foregoing hereinafter referred to as 
Professional Services Watson Rd.  
Contract 32500036 
Dibble and Associates Consulting Engineers, INC.
14

“Records”), shall be open to inspection and subject to audit and/or reproduction during 
normal working hours by the City, to the extent necessary to adequately permit (A) 
evaluation and verification of any invoices, payments or claims based on the Consultant’s 
and its subcontractors’ actual costs (including direct and indirect costs and overhead 
allocations) incurred, or units expended directly in the performance of work under this 
Agreement and (B) evaluation of the Consultant’s and its subcontractors’ compliance with 
the Arizona employer sanctions laws referenced in subsection 16.18.  To the extent 
necessary for the City to audit Records as set forth in this subsection, the Consultant and 
its subcontractors hereby waive any rights to keep such Records confidential.  For the 
purpose of evaluating or verifying such actual or claimed costs or units expended, the City 
shall have access to said Records, even if located at its subcontractors’ facilities, from the 
effective date of this Agreement for the duration of the work and until three years after the 
date of final payment by the City to the Consultant pursuant to this Agreement.  The 
Consultant and its subcontractors shall provide the City with adequate and appropriate 
workspace so that the City can conduct audits in compliance with the provisions of this 
subsection.  The City shall give the Consultant or its subcontractors reasonable advance 
notice of intended audits.  The Consultant shall require its subcontractors to comply with 
the provisions of this subsection by insertion of the requirements hereof in any subcontract 
pursuant to this Agreement.
16.18 E-Verify Requirements.  To the extent applicable under ARIZ. REV. STAT. 
§ 41-4401, the Consultant and its subcontractors warrant compliance with all federal 
immigration laws and regulations that relate to their employees and their compliance with 
the E-Verify requirements under ARIZ. REV. STAT. § 23-214(A).  The Consultant’s or its 
subcontractor’s failure to comply with such warranty shall be deemed a material breach of 
this Agreement and may result in the termination of this Agreement by the City.
16.19 Israel.  To the extent ARIZ. REV. STAT. § 35-393 through § 35-393.03 are 
applicable, the parties hereby certify that they are not currently engaged in, and agree for 
the duration of this Agreement to not engage in, a “boycott” of goods or services from Israel, 
as that term is defined in ARIZ. REV. STAT. § 35-393.
 
16.20 Conflicting Terms.  In the event of any inconsistency, conflict, or 
ambiguity among the terms of this Agreement, any amendments, the Scope of Work, any 
City-approved Purchase Order, or the Fee Proposal, the documents shall govern in the order 
listed herein.
16.21 Time is of the Essence.  The timely completion of the Services is of 
critical importance to the economic circumstances of the City. 
 
16.22 Meaning of Terms.  References made in the singular shall include the 
plural and the masculine shall include the feminine or the neuter. 
Professional Services Watson Rd.  
Contract 32500036 
Dibble and Associates Consulting Engineers, INC.
15

16.23 Non-Exclusive Contract.  This Agreement is entered into with the 
understanding and agreement that it is for the sole convenience of the City.  The City 
reserves the right to obtain like goods and services from another source when necessary.
16.24 Forced Labor of Ethnic Uyghurs.  To the extent applicable under ARIZ.
REV. STAT. § 35-394, the Vendor warrants and certifies that it does not currently, and agrees 
for the duration of this Agreement that it will not use the forced labor, any goods or services 
produced by the forced labor, or 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.  If the Vendor becomes aware that it is not in compliance with 
this paragraph, the Vendor shall notify the Town of the noncompliance within five business 
days of becoming aware of it. If the Vendor fails to provide a written certification that the 
Vendor has remedied the noncompliance within 180 days after that, this Agreement shall 
terminate unless the termination date of this Agreement occurs before the end of the 
remedy, in which case this Agreement terminates on the contract termination date.
 
16.25  Clickwrap Terms Excluded. In the event the Consultant’s terms of sale 
or service were provided to the City only upon “acceptance” of a “clickwrap” or 
“clickthrough” agreement, such terms of sale or service shall not be binding upon the City. 
No oral agreement, “clickwrap” or “clickthrough” agreement or other understanding shall 
in any way modify a City issued or approved contract or the terms of this Professional 
Services Agreement.
 
[SIGNATURES ON FOLLOWING PAGE] 
Professional Services Watson Rd.  
Contract 32500036 
Dibble and Associates Consulting Engineers, INC.
16

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 
date and year first set forth above.
“City”  
 
 
 
 
 
“Consultant” 
 
CITY OF BUCKEYE,   
 
 
              DIBBLE & ASSOCIATES CONSULTING 
an Arizona municipal corporation  
 
ENGINEERS, INC., an Arizona corporation
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
David B. Roderique, Interim City Manager
Paul Balch, Vice President  
 
ATTEST: 
 
 
 
 
 
 
 
 
 
 
Lucinda Aja, City Clerk 
RECOMMENDED:
 
 
 
 
 
 
 
 
 
 
William Kauppi, Chief Financial Officer
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
Professional Services Watson Rd.  
Contract 32500036 
Dibble and Associates Consulting Engineers, INC.
17

EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN 
THE CITY OF BUCKEYE 
AND
DIBBLE & ASSOCIATES CONSULTING ENGINEERS, INC.
[Scope of Work and Fee Proposal] 
See following pages. 
Professional Services Watson Rd.  
Contract 32500036 
Dibble and Associates Consulting Engineers, INC.
18

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Exhibit A – Project Understanding
Our Scope of Services is based on the information provided and our understanding of the
project as described below. We have not visited the project site to confirm the information
provided. We request Dibble and/or the design team verify all information prior to our
initiation of field exploration activities.
Planned Construction
Item
Description
Information
Provided
The following information was provided by Dibble:
Initial email sent by Dibble on May 16, 2025
Watson Project Area.kmz file
Pages from RFQ 32500036 – South Watson Road
Dibble’s Project Approach Buckeye – South Watson Road
Project
Description
Based on the information provided, we understand the proposed
roadway improvements include the widening of the existing 2- to 3-
lane Watson Road from approximately 125 feet south of Lower
Buckeye Road to Elwood Street into a 7-lane arterial roadway with a
center turn lane. The total project length is approximately ½-mile.
Structures
Based on the information provided, we understand the project
includes widening of the existing Roosevelt Irrigation District (RID)
box culvert crossing structure; the existing box culvert structure for
the RID canal crossing is located approximately 380 feet south of
Watson Road and Pioneer Street.
Traffic Data
We understand Watson Road is classified as Major Arterial Roadway.
We also understand traffic data for Terracon to perform the
pavement structure design for project will be provided by Dibble or
others. We understand traffic data provided to Terracon will include
current average daily traffic (ADT), traffic growth, and percent
trucks.
Grading/Slopes
The site is relatively flat and grading operations across the site for
pavement areas are anticipated to include relatively minor cuts and
fills.

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Site Location and Anticipated Conditions
Item
Description
Project Location
The project consists of Watson Road from 125 feet south of Lower
Buckeye Road to Elwood Street (approx. ½-mile length) in
Buckeye, Maricopa County, Arizona. See Exhibits D and E (Site
Location and Anticipated Exploration Plan) for additional site
location information.
Existing
Improvements
Based on the information provided and a cursory review of
available aerial photographs, Watson Road generally consists of
an existing asphalt paved roadway with 3 lanes (1 lane in the
south direction, 1 lane in the north direction, and 1 center median
lane or right turn lane). As an exception, Watson Road reduces to
2 lanes (1 lane in each direction) from Pioneer Street to 420 feet
north of Elwood Street.
Current Ground
Cover
Based on the review of available aerial photographs, the ground
cover across the site generally consists of asphalt concrete paved
roadways followed by graded shoulders, and generally followed
by a combination of the RID canal, residential, commercial
developments, and vacant land.
Existing
Topography
The site appears to be relatively flat and has a gradual increase
in elevation from south to north. Google Earth Pro indicates the
ground surface elevation at the intersection of Watson Road and
125 feet south of Lower Buckeye Road has an elevation of
approximately 1,013 feet above mean sea level (amsl), and at
the intersection of Watson Road and Elwood Street has an
elevation of approximately 990 feet amsl.
Site Access
We expect the site, and all exploration locations, are accessible
with our truck-mounted drilling equipment and support vehicles.

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Exhibit B - Scope of Services
Our proposed Scope of Services consists of field exploration, laboratory testing, and
engineering/project delivery. These services are described in the following sections.
Task 1 - Project Setup and Coordination
Terracon will setup the project, perform a site visit, stake/mark the proposed boring and
pavement core locations, contact the Arizona 811 to locate public underground utilities
and coordinate the field exploration.  Terracon will coordinate to obtain a right-of-way
permit from the City of Buckeye. If portions of our work area are within the right-of-way
of Roosevelt Irrigation District (RID), Terracon will also obtain a right-of-way permit from
RID, if necessary. Traffic control plans will also be provided to the City (and RID) for
approval. We have assumed no other permits or clearances will be required for Terracon
to perform the geotechnical exploration, and we assume all permit fees from the City (and
RID) will be waived.
Environmental, cultural or any other clearances required for Terracon to perform the
geotechnical field exploration are excluded from this proposal, and we understand any
clearance that may be required has either already been performed or will be performed
(by others) prior to Terracon performing the geotechnical field exploration. We have
assumed there are no private utilities at the site.  If private utilities are present at the
site, the locations of private utilities should be identified for Terracon prior to the field
exploration, or a private utility locator should be incorporated into the scope of work and
fee of this proposal.  We are unaware private utilities are present at the site; therefore, a
private locator is excluded from our scope of work and fees. Terracon will not be
responsible for damage to private utilities that are not made aware to us.
Task 2A - Field Exploration
Terracon will perform a geotechnical field exploration at the site to evaluate the subsurface
conditions and obtain representative samples. Based on the information provided and our
experience, we propose drilling test borings for the project as outlined in the following
table. The planned exploration locations are shown on the attached Exploration Plan
(Exhibit E).
Number of Borings
(and designation)
Planned Boring
Depth (feet) 1
Planned Location
3
(B-1, B-2, and B-5)
5 or auger refusal
Proposed Watson Road Roadway
Improvement Area
2
(B-3 and B-4)
25 or auger refusal
Proposed Box Culvert Widening for existing
RID canal crossing approximately 380 feet
south of Watson Road and Pioneer Street

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Number of Borings
(and designation)
Planned Boring
Depth (feet) 1
Planned Location
1.
Planned depth below the existing ground surface or auger refusal.
The borings will be advanced to the planned depths below the existing ground surface
(bgs) using hollow stem auger drilling, unless auger refusal is encountered prior to full
boring advancement.  The depth and locations of test borings may be adjusted depending
upon actual subsurface conditions encountered.
Boring Layout and Elevations: We will use handheld GPS equipment to locate borings
with an estimated horizontal accuracy of +/-15 feet. Field measurements from existing
site features may also be utilized. If available, approximate elevations will be obtained by
interpolation from local topographic maps and/or Google Earth Pro.
Traffic Control: Borings B-2, B-3, and B-4 are planned on the graded shoulder adjacent to
the paved roadway (and are not anticipated to require lane closures). Traffic control for these
exploration locations is anticipated to consist of shoulder work traffic control and an arrow
truck, signs, and cones.
Borings B-1 and B-5 are planned on the center median lane and will require a lane closure.
Therefore, Terracon will subcontract traffic control services during drilling at these locations and
is anticipated to include temporary (or rolling) medium lane closures (for approximately 2 hours
or less) using flaggers, arrow truck signs, and cones. If the approved traffic control plans for
the right-of-way permit required a different traffic control setup beyond what is considered in
this proposal, Terracon may need to incorporate additional traffic control services into our scope
of work and fees.
Subsurface Exploration Procedures: We will advance the soil borings with a truck-
mounted drill rig using continuous hollow stem flight augers. Driven samples will be
obtained at approximate intervals of 5 feet throughout the depths explored. Soil sampling
is typically performed using standard penetration test samplers or ring-lined barrel
samplers. Bulk samples of auger cuttings will be collected from the borings at selected
depth intervals. Drilling and sampling will be performed in general accordance with
applicable ASTM or local standards. During the drilling operations, a field engineer or
geologist will log the borings, record the results of penetration tests, and obtain
representative samples for further laboratory evaluation and for further evaluation by the
project geotechnical engineer. In addition, we will observe and record groundwater levels
during drilling and sampling (if encountered).
Our exploration team will prepare field boring logs as part of standard drilling operations
including sampling depths, penetration distances, and other relevant sampling information. The
field logs will include visual classifications of materials encountered during drilling, and
our interpretation of subsurface conditions between samples. Final boring logs will be

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
prepared from the field logs and will represent the Geotechnical Engineer's interpretation
and include modifications based on observations and the results of laboratory testing.
Property Disturbance and Boring Restoration: Borings B-2, B-3, and B-4 will be
backfilled with a soil-cement mix of auger cuttings with fast-setting concrete.  If additional
restoration beyond what is outlined in this proposal is required at Borings B-2, B-3, and B-
4, Terracon would be pleased to incorporate this into our scope of work and fees upon
request.
Borings B-1 and B-5 are planned to be performed on the existing paved roadway. The
following borehole and pavement patching will be performed at the location of Borings B-
1 and B-5:
Borehole Backfilling: A soil-cement mix design (consisting of sand and fast-setting
concrete) with a minimum 160 pounds per square inch (psi) compressive strength
previously developed at our materials testing laboratory will be used to backfill the
borehole by manually mixing the soil-cement backfill at the boring locations. The
soil-cement backfill will be tamped/compacted in the borehole using a circular plate
tamper introduced into the borehole and the drill rig 140-pound automatic hammer.
Note: The borehole backfill will not be in accordance with Maricopa
Association of Governments (MAG) Standard Detail 212, as MAG Standard
Detail 212 outlines the use of a MAG controlled low strength material (CLSM)
(e.g., a ½-sack aggregate base cement slurry). If our proposed soil-cement
backfill is not acceptable for the City of Glendale and requires the boreholes
with MAG Standard Detail 212 CLSM, then Terracon will need to incorporate
the following into our scope of work and fees:
A 2nd engineering work crew for the placement of the CLSM backfill,
saw cutting, and placement of asphaltic hot mix patching.
Additional traffic control to allow for the completion of the boring and
then for the subsequent arrival of the concrete truck with the CLSM
backfill.
Additional standby and coordination time to allow the CLSM to set
before the hot-mix asphalt patching (and/or additional traffic control
to steel plate pavement core locations and/or over-night traffic
control setups).
Additional days/time to complete the geotechnical field exploration.

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Pavement Patching: Pavement repairs will be made by saw-cutting a 1-foot by 1-
foot square of the existing pavement at the boring locations. The pavement sawcut
will be centered around the borehole. The pavement will then be patched with
tamped/compacted hot-mix asphalt concrete. In addition, the edges and surface of
the asphalt hot mix patch will be sealed with an asphalt sealant. The pavement
sawcut and patching will be in general accordance with MAG Standard Details 212.
Task 2B – Pavement Coring
In order to determine the existing pavement thickness, at selected locations the pavement
is planned to be cored using an electric coring rig to obtain samples of the asphalt concrete
(AC). Coring is planned at 2 locations designated as C-1 and C-2 as shown on Exhibit E
(Anticipated Exploration Plan). The purpose of the coring operations is to evaluate the pavement
thickness including the thickness of the aggregate base course (ABC) (if present) beneath the
pavement at selected locations.  The thickness of the existing AC and the ABC will be measured
at each location and recorded. The pavement coring is planned to be performed with a 4- or 6-
inch diameter core barrel and an electric core rig. A relatively small bulk sample of the
subgrade beneath the pavement structure will be obtained using a hand auger to a depth
between approximately 2 and 3 feet to confirm subgrade conditions beneath the existing
pavement.
Traffic Control: Terracon will subcontract traffic control services during our pavement
coring activities, and is anticipated to include temporary (or rolling) lane closures at each
pavement core location (for approximately 1 hour or less) using flaggers, an arrow truck
signs, and cones. If the approved traffic control plans for the right-of-way permit required
a different traffic control setup beyond what is considered in this proposal, Terracon may
need to incorporate additional traffic control services into our scope of work and fees.
Property Disturbance: Terracon will take reasonable efforts to reduce damage to the
property. Our services do not include repair of the site beyond backfilling our pavement
cores and patching existing pavements as outlined in this proposal. If excess aggregate
base materials are generated, they will be dispersed in graded shoulder areas of the site.
Pavement Core Backfilling: A soil-cement mix design (consisting of sand and fast-
setting concrete) with a minimum 160 pounds per square inch (psi) compressive
strength previously developed at our materials testing laboratory will be used to
backfill the subgrade excavation at the pavement core locations by manually mixing
the soil-cement backfill at each pavement core location. Above the backfilled
subgrade elevation, the core hole will be wire brushed, cleaned, and backfilled with
asphalt (QPR brand) cold patch. Both the soil-cement backfill and asphalt cold patch
will be tamped/compacted using a 10-pound hammer. The compacted asphalt cold
patch surface will be sealed with an asphaltic sealant.

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Note: Due to the relatively small diameter of the planned pavement core, the
restoration will not be in accordance with Maricopa Association of Governments
(MAG) Standard Detail 212, as MAG Standard Detail 212 outlines the use of a MAG
controlled low strength material (CLSM) (e.g., a ½-sack aggregate base cement
slurry), and a 1-foot by 1-foot sawcut and asphaltic concrete hot mix patch. If our
proposed restoration is not acceptable for the City of Buckeye and/or MCDOT, and
MAG Standard Detail 212 is required, then Terracon will need to incorporate the
following into our scope of work and fees:
A 2nd engineering work crew for the placement of the CLSM backfill, saw
cutting, and placement of asphaltic hot mix patching.
Additional traffic control to have stationary lane closures (instead of a rolling
closures) to allow for the completion of the pavement core and then for the
subsequent arrival of the concrete truck with the CLSM backfill.
Additional standby and coordination time to allow the CLSM to set before the
hot-mix asphalt patching (and/or additional traffic control to steel plate
pavement core locations and/or over-night traffic control setups).
Additional days/time to complete the geotechnical field exploration.
Task 2C – Limited Pavement Condition Survey
During the field exploration work, we propose to perform a limited pavement condition survey
in order to assess existing pavement distress at selected locations.  The information gathered
from the condition survey is intended to determine the impact that existing pavement condition
may have on any of the alternatives selected or considered for the ultimate design and
construction of the project.
We propose to conduct the condition survey in general accordance with the procedures
outlined in ASTM 6433, Standard Practice for Roads and Parking Lots Pavement Condition
Index Surveys, with certain modifications as to the extent of the survey.  For purposes of
this proposal, we have assumed that the pavement condition evaluation will be conducted on
representative sample units at each of the boring locations and at selected additional sample
units of the pavement located between some of the borings.  This amount of survey represents
coverage of approximately 5 to 10 percent of the total pavement area for the project.
Note: The existing 2- to 3-lane roadway pavement thicknesses are anticipated to be
inadequate for use in their existing condition for the construction of the new pavement
thickness for the proposed 7-lane arterial roadway planned to support larger traffic
volumes and loadings. The limited pavement condition survey is planned to further
evaluate the roadway conditions to make these determinations.

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Safety
Terracon is not aware of environmental concerns at this project site that would create
health or safety hazards associated with our exploration program; thus, our Scope
considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our
Scope of Services does not include environmental site assessment services, but
identification of unusual or unnatural materials observed while drilling will be noted on our
logs.
Site Access
Terracon must be granted access to the site by the property owner. By acceptance of this
proposal, without information to the contrary, we consider this as authorization to access
the property for conducting field exploration in accordance with the Scope of Services.  In
addition, our fees assume boring locations will be accessible without delay to our field
crew and drill rig equipment.
Task 3 - Laboratory Testing
The project engineer will review the field data and assign laboratory tests to understand
the engineering properties of various soil strata.  Pending sample quality and quantity,
the following table outlines the laboratory testing anticipated for the project.
Laboratory Test
Number of Tests
Atterberg Limits (ASTM D4318)
5
Grain Size Analysis (ASTM C136 and C117)
5
Unit Weight (dry density) and Moisture Content of Soil (ring
samples)
12
Consolidation (ASTM D2435)
3
Compaction of Soil Using Standard Proctor (ASTM D698)
3
Remolded Swell (ASTM D2435)
3
R-Value (ASTM D2844)
3
Soil Corrosivity Suite
(pH & Minimum Electrical Resistivity & Soluble Sulfate & Chloride)
3
Laboratory testing will be conducted in general accordance with applicable ASTM or other
locally recognized standards.  Samples obtained during the field exploration will be
discarded 30 days after the date the geotechnical engineering report (unless sample
storage beyond the 30 days is incorporated into our scope of work and fees).

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Task 4 - Geotechnical Pavement Structure Engineering Report
Terracon will perform pavement structure design and provide pavement structure
recommendations for the project. The pavement structure design will be performed in general
accordance with City of Buckeye and Maricopa County Department of Transportation (MCDOT)
standards. We understand traffic data will be provided to Terracon by Dibble (or others) for
use in the analyses of pavement structure design. Terracon will prepare a geotechnical and
pavement structure engineering report for the project. The results of our field and laboratory
programs will be evaluated by a professional geotechnical engineer licensed in the State of
Arizona. The geotechnical pavement engineering report will be prepared as a draft and
then finalized upon addressing comments from the design team including the City of
Buckeye, MCDOT, and other stakeholders. The geotechnical pavement engineering report
will provide the following:
Boring logs with field and laboratory data
Stratification based on visual soil classification
Groundwater levels observed during and after the completion of drilling (if
encountered)
Site Location and Exploration Plans
Subsurface exploration procedures
Description of subsurface conditions
Corrosivity characteristics
Results of the limited pavement condition survey
Recommended new pavement sections
Recommended rehabilitation options (if appropriate) based on the results of our
engineering analyses
Foundation recommendations for the planned box culvert widening
Subgrade preparation/earthwork recommendations, if applicable
Excavation characteristics
Temporary and permanent slope recommendations
Task 5 - Meetings
Terracon has assumed attending two 2-hour meetings with the design team will be
required for the project.

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Facilities  | Environmental | Geotechnical |  Materials
Exhibit C - Compensation and Project Schedule
Compensation
Based upon our understanding of the site, the project as summarized in Exhibit A, and our
planned Scope of Services outlined in Exhibit B, our base fee is shown in the following
table:
Task
Lump Sum Fees1
Task 1 – Project Setup and Coordination
$2,965
Tasks 2A, 2B, & 2C – Field Exploration
$17,750
Task 3 – Laboratory Testing
$5,865
Task 4 – Geotechnical Pavement Engineering Report
$5,750
Task 5 – Meetings
$1,820
Total for Above Geotechnical Engineering Services
$34,150
1.
Proposed fees noted above are effective for 90 days from the date of the proposal.
Should it be necessary to expand our services beyond those outlined in this proposal, we
will notify you, then send a supplemental proposal stating the additional services and fee.
We will not proceed without your authorization.
Project Schedule
We developed a schedule to complete the Scope of Services based upon our existing
availability and understanding of your project schedule. However, this does not account
for delays in field exploration beyond our control, such as weather conditions, permit
delays, drill rig or equipment availability, or lack of permission to access the boring
locations. In the event the schedule provided is inconsistent with your needs, please
contact us so we may consider alternatives.
Task
Estimated Time to
Complete Task 1,2
Task 1 - Project Setup and Coordination
1 to 3 weeks
Task 2 - Field Exploration
2 to 3 days
Task 3 - Laboratory Testing
2 to 3 weeks
Task 4 - Geotechnical Pavement Engineering Report
2 weeks
Estimated Total Number of Weeks:
7 to 10 weeks
1.
Upon receipt of your notice to proceed we will activate the schedule component on Compass with
specific, anticipated dates for the delivery points noted above as well as other pertinent events.
2.
Standard business days. We will maintain an activities calendar within on Compass. The schedule
will be updated to maintain a current awareness of our plans for delivery.

SITE

Proposal for Geotechnical and Pavement Engineering Services
Watson Road Roadway Improvements | Buckeye, Arizona
May 23, 2025 | Terracon Proposal No. PCP255035
Note to Preparer: This is a large table with outside borders. Just click inside the table
above this text box, then paste your GIS Toolbox image.
When paragraph markers are turned on you may notice a line of hidden text above
and outside the table – please leave that alone. Limit editing to inside the table.
Exhibit E – Anticipated Exploration Plan
DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES
MAP

Harrington  Planning  +  Design 
 
3116 S. Mill Avenue, Suite 305  Tempe, Arizona 85282 
 www.HarringtonPlanningDesign.com 
 
June 10, 2025 
 
Mr. Jason A Simmers, PE 
Senior Project Manager 
Dibble 
3020 E. Camelback Road, Suite 201 
Phoenix, Arizona 85016 
480.365.9930 
 
Dear Jason, 
 
Thank you for the opportunity to support the City of Buckeye on the South Watson Road 
project. This project will develop a DCR report and engineering design to expand South Watson 
Road between W. Lower Buckeye Road and W. Broadway Road for approximately 0.75 miles 
 
HP+D will provide landscape architecture, hardscape aesthetics, and irrigation design for the 
streetscape facilities associated with this project. This proposal will include Phase One providing 
landscape design support for DCR and Phase Two providing landscape and irrigation 
construction document packages from 30% to 100%. Two public engagement or open house 
events are included in this proposal. The landscape concept and permit plans shall follow the 
Buckeye Arterial Gateway Design Guide. It is presumed that Phase One will be completed within 
a 5-month period and Phase Two will be completed within a 7-month period. We presume no 
plant inventory/salvage plans are required for this project. 
 
 
 
 
Google Earth Image  Project Limits South Watson Road from W. Lower Buckeye Road to W. 
Broadway Road

Mr. Jason Simmers, PE 
Dibble 
S. Watson Road  Buckeye, AZ 
Page 2 of 7 
 
3116 S. Mill Avenue, Suite 305  Tempe, Arizona 85282  
www.HarringtonPlanningDesign.com 
 
Phase One 
Task 1: Meetings & Coordination 
 
1.1 
General Coordination: Conduct coordination with design team and City to 
communicate project progress, resolve issues, and review materials prepared 
under this scope. This task captures regular email communications, phone calls, 
and exchange of information relating to the development and delivery of the 
project materials. We anticipate coordination for a 5-month project schedule. 
1.2 
Kick-off and Site visit: Provide 1 field site review event following project kick off. 
Travel to site and back is included under this sub-task. These events are presumed 
to be 1-hour or less of area review to confirm existing conditions, identify 
opportunities and constraints, and photograph site materials. This sub-task will 
also cover 1x 1-hour project kickoff event. 
 
1.3 
Progress Review &Coordination Meetings: Conduct virtual meetings with City 
staff and design team. Meetings are anticipated to be 1-hour events typically. We 
are anticipating 3 total meeting events for the project, 1 preliminary internal 
progress review events, and 2 City submittal review (Draft DCR / Final DCR) 
meetings. Progress meetings for concept development and submittal reviews to 
be held as remote virtual meetings.  
 
1.4 
Public event / open house: An in-person event in the City of Buckeye will be 
held at the end of the DCR process to affirm the design with the community and 
take the input into CD level design plans. HP+D will provide staffing attendance 
at this event including travel time. Under Task 2.1, up to 4 color exhibits for 
presentation will be included as PDF deliverables for the purpose of the public 
event.  
 
Task 2: DCR Report (Draft & Final packages) 
 
2.1 
DCR Report Support: narrative, graphics-maps (3 exhibits / appendices max), 
ex/proposed sections (6 max), proposed materials for the landscape / irrigation / 
hardscape environment of the corridor, provide data collection of existing 
landscape and irrigation conditions, analysis of recommendations, development of 
2 alternatives, and a final recommended alternative.  
2.2 
Prepare 15% design level cost estimate for the DCR packages for landscape 
elements for the project. HP+D 
costs for the construction design for landscape and erosion control elements. The 
costs will be provided for each plan submittal and will indicate installed costs. 
Estimates shall be prepared using EXCEL software and submitted as a PDF 
electronic file. 
2.3 
Prepare deliverable packages for project submittals plans 
-QA, and 
submittal assembly requirements for Client review and use. Task administrative

Mr. Jason Simmers, PE 
Dibble 
S. Watson Road  Buckeye, AZ 
Page 3 of 7 
 
3116 S. Mill Avenue, Suite 305  Tempe, Arizona 85282  
www.HarringtonPlanningDesign.com 
time will be captured under this category for this task. HP+D shall provide a PDF 
of the plan sheets to the City of Buckeye. No printed materials are to be provided  
by HP+D. 
Phase Two 
Task 3.0 
 Meetings & Coordination 
1. General coordination via phone and email. HP+D shall coordinate with the City of 
Buckeye Staff to determine plant materials and irrigation equipment. 
2. Provide 1 field site review events. Travel to site and back is included under this sub-
task. These events are presumed to be 1-hour or less of area review to verify existing 
conditions to finalize the CD.  
3. Attend 5 progress virtual meeting / phone conferences during the project 
development. Meetings are presumed to be 1-hour per event. Meetings shall be 
utilized to confirm design vision/specific site issues and collaborate on project 
development. 
 
Task 4.0 
30- 60- 95-100% Landscape Construction Document Packages 
1. Prepare a 30% level, 60% level, 95% level, and 100% sealed level Landscape 
Construction Document plan package under this task. Plans shall be at 20-30 scale 
the following sheets for each submittal: 
 
landscape cover to include notes, summary legends, and city notes (1-sheet) 
 
 landscape / hardscape plan sheets for material locations and quantities (up to 
8 plan sheets at 1:20 scale);  
 
irrigation plan sheets for material locations and quantities (up to 8 plan sheets 
at 1:20 scale);  
 
Erosion control plan sheets for material locations and quantities (up to 8 plan 
sheets at 1:20 scale);  
 
separate details sheets for landscape installation direction, irrigation materials 
installation direction, and hardscape installation direction (4-6 sheets).  
Corrections to comments and design advancement are also included with the time 
commitment for this task.  
2. Prepare specifications / special provisions of landscape improvements for 60%, 95%, 
and 100% design level submittals. Development of the narratives for each section, 
review of plans / details relating to spec sections, and respond to progress submittal 
comments are included in this task. Specifications shall be prepared in WORD format 
and be submitted as a PDF file.  
3. 
-QA, 
and submittal assembly requirements for Client review and use. Task administrative 
time will be captured under this category. HP+D shall provide a PDF of the plans to

Mr. Jason Simmers, PE 
Dibble 
S. Watson Road  Buckeye, AZ 
Page 4 of 7 
 
3116 S. Mill Avenue, Suite 305  Tempe, Arizona 85282  
www.HarringtonPlanningDesign.com 
Dibble. No printed materials are to be provided by HP+D. 
 
Task 5.0 
 ALLOWANCE: Watson Road cost estimates for Construction Documents 
1. Prepare a cost estimate of landscape improvements for 30, 60%, 95%, and 100% 
design level submittals. Revised quantities, verify pricing, and respond to progress 
submittal comments are included in this task. Estimate shall be prepared in EXCEL 
format and be submitted as a PDF file.  
 
Consultant Work Team 
The CONSULTANT will form and identify a work team of key personnel to perform the 
project.  Other labor requirements will be filled by subcontractors of the CONSULTANT. 
 
Key Personnel 
Name and contact information 
Primary Landscape Architect (point of 
contact) 
Jason Harrington, RLA, Principal 
480-250-0116

Mr. Jason Simmers, PE 
Dibble 
S. Watson Road  Buckeye, AZ 
Page 5 of 7 
 
3116 S. Mill Avenue, Suite 305  Tempe, Arizona 85282  
www.HarringtonPlanningDesign.com 
 
ASSUMPTIONS: 
 
Plan sheets will be prepared to a scale of 1-inch equals 20 or 30 feet. HP+D to 
provide to Dibble a PDF copy, and one set of hard copy plans to the City of 
Buckeye for each primary submittal. Reproduction of additional submittal sets is 
not included. 
 
Dibble or a public source will provide a high-quality aerial image for the project 
using mapping/graphics/plan development. No new aerial survey or aerial image 
flights will be provided by HP+D or its support team.  
EXCLUSIONS: 
 
A detailed landscape inventory plan  
 
Civil Engineering / Survey engineering or architectural design features  
 
Final utility clearance approvals 
 
Structural engineering 
 
Environmental services  
 
Drainage or Final spot elevation grading plans are not included. 
 
Section 4(f) consultation letters or Individual Section 4(f) evaluation document 
 
Preliminary Initial Site Assessment, Phase I Environmental Site Assessment, 
testing for lead-based paint or asbestos-containing materials, or hazardous 
materials monitoring. 
 
No Quantitative noise or air analyses  
 
Native Plant inventory / salvage plans

Mr. Jason Simmers, PE 
Dibble 
S. Watson Road  Buckeye, AZ 
Page 6 of 7 
 
3116 S. Mill Avenue, Suite 305  Tempe, Arizona 85282  
www.HarringtonPlanningDesign.com 
Summary of Fees  
Our fee for the items indicated above shall be billed monthly at a Not-To-Exceed amount for each 
task. Refer to Exhibit A  Fee Schedule for hourly billing per task and category.  Invoices shall 
be billed at hourly staff rates against the following task allowance amounts: 
 
Task 1: Meetings & Coordination (Phase One) 
 
 
$ 4,280.00 
Task 2: DCR Report  
 
 
$ 12,640.00 
Task 3: Meetings & Coordination (Phase Two) 
 
 
$ 5,980.00 
Task 4: 30- 60- 95-100% Landscape Construction Document Packages 
 
 
$ 46,240.00 
 
 
Reimbursable Allowance (equipment rental / delivery / mailings) 
$ 0.00 
 
 
 
 
Total Contract Fee  
$69,140.00 
 
Task 5: ALLOWANCE: Watson Road cost estimates for Construction Documents 
 
 
$ 1,560.00 
 
 
 
Total Contract Fee with ALLOWANCE  
$70,700.00 
 
Additional Work 
Should any additional services, meetings beyond quantities identified, or Client directed changes 
to the scope of work or site plan be required, they will be billed as an extra at the following hourly 
rates: 
 
Principal / RLA 
$160.00/hour 
Project Manager / Designer 
$140.00/hour 
Project Coordinator 
$120.00/hour

assume 12 month project duration
06.01.25
 
Project #
TBD
Project Description / Location: Approx. 0.75-mile Streetscape Corridor - Buckeye, AZ
A
Sr. RLA / Principal, HP+D
B
Landscape Architect/ Project Manager, HP+D
C
Project Designer/Planner Technical, HP+D
S. Watson Road - Buckeye
A: Principal
B: PM
C: Tech
Hrs:
Hrs: Sub-Total Fee
Task 1
A: Principal
B: PM
C: Tech
Hrs:
Hrs: Sub-Total Fee
1.1 General Coordination with Client & Engineer - 3 
month project schedule
3
9
3
15
1.2 Site Visit
0
4
0
4
1.3 Progress review and Coordination meetings x 3
0
3
0
3
1.4 Public Event / Open house x 1 in-person
4
4
8
Sub-Total Hours:
7
20
3
22
Hourly Rates:
160.00
$           
140.00
$         
120.00
$       
Sub-Total Fee (Task 1):
1,120.00
$        
2,800.00
$      
360.00
$       
4,280.00
$       
Task 2
A: Principal
B: PM
C: Tech
Hrs:
Hrs: Sub-Total Fee
2.1 DCR Report Support for DRAFT & FINAL 
packages: narrative, graphics-maps (3 exhibits 
max), ex/proposed sections (6 max), proposed 
materials for the landscape / irrigation / hardscape 
environment of the corridor, provide data collection 
of existing landscape and irrigation conditions, 
analysis of recommendations, development of 2 
alternatives, and a final recommended alternative.  
Time included for up to 4 exhibits for public 
meetings submitted to Dibble as PDF files.
8
32
48
88
2.2 Prepare 15%  design level cost estimate for CD 
packages for landscape elements for project.
0
2
2
4
2.3 Prepare deliverable package, QC-QA, submittal 
assembly x2 (draft submittal / final submittal)
2
2
0
4
Sub-Total Hours:
10
36
50
96
Hourly Rates:
160.00
$           
140.00
$         
120.00
$       
Sub-Total Fee (Task 2):
1,600.00
$        
5,040.00
$      
6,000.00
$     
12,640.00
$     
Task 3
A: Principal
B: PM
C: Tech
Hrs:
Hrs: Sub-Total Fee
3.1 General Coordination with Client & Engineer - 7 
month project schedule
7
14
7
28
3.2 field site review events
0
4
0
4
3.3 Progress review and Coordination meetings
5
5
0
10
Sub-Total Hours:
12
23
7
42
Hourly Rates:
160.00
$           
140.00
$         
120.00
$       
Sub-Total Fee (Task 3):
1,920.00
$        
3,220.00
$      
840.00
$       
5,980.00
$       
Task 4
A: Principal
B: PM
C: Tech
Hrs:
Hrs: Sub-Total Fee
4.1  Prepare a 30%, 60%, 95% level and 100% 
sealed level Landscape Construction Document plan 
package under this task. Plan shall be at 20-30 scale 
and match the Civil package. Plans shall be 
total sheets required per submittal for this 
streetscape area project including cover notes, 
details, and plans for the landscape  / irrigation / 
hardscape elements. Our packages will include 
Erosion Control Plans for the 95% & 100% packages 
as well. Corrections to comments and design 
advancement are also included with the time 
commitment for this task.
36
90
210
336
4.3 Prepare 30%,60%,95% and 100% design level 
Specifications for CD packages for landscape 
elements for project.
3
6
0
9
4.4 Prepare deliverable package, QC-QA, submittal 
assembly x 4
2
4
4
10
Sub-Total Hours:
41
100
214
355
Hourly Rates:
160.00
$           
140.00
$         
120.00
$       
Sub-Total Fee (Task 4):
6,560.00
$        
14,000.00
$     
25,680.00
$   
46,240.00
$     
Direct Reimbursables
allowance
-
$                
 
 
Total Base Landscape Consultant fees (Harrington Planning + Design)
69,140.00
$     
Task 5
A: Principal
B: PM
C: Tech
Hrs:
Hrs: Sub-Total Fee
5.1  Prepare 30%,60%,95% and 100% design level 
cost estimate for CD packages for landscape 
elements for project.
0
6
6
12
Sub-Total Hours:
0
6
6
12
Hourly Rates:
160.00
$           
140.00
$         
120.00
$       
Sub-Total Fee (Task 5):
-
$                
840.00
$         
720.00
$       
1,560.00
$       
 
Total Base Landscape Consultant fees with ALLOWANCE (Harrington Planning + Design)
70,700.00
$     
Project - City of Buckeye - Dibble - S. Watson Road Road (Between Lower Buckeye Road and Broadway Road )
Exhibit A
Phase One
Phase Two