Professional Services Contract
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Contract No. EM22-PK01
Page 1 of 10
CITY OF EL MIRAGE
PROFESSIONAL SERVICES CONTRACT
THIS PROFESSIONAL SERVICES CONTRACT, is made and entered into this 1st day of March,
2022, by and between the City of El Mirage, an Arizona municipal corporation (“City”), and J2
Engineering and Environmental Design, LLC an Arizona corporation (“Consultant”).
RECITALS
A. The City of El Mirage is authorized and empowered by provisions of the City Code to execute
contracts for professional services by and through its City Manager;
B. The City desires to contract for Consultant to provide professional engineering services to prepare
design plans for a multi-use trail along the drainage channel between Cactus Road and Dysart Road
(“Services”) as described in the attached scope of work (Exhibit “A”) in accordance with the terms
of this Contract;
C. Consultant is duly qualified to perform the requested Services.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and obligations set for herein, the parties
hereto agree as follows:
1.1
DESCRIPTION, ACCEPTANCE, DOCUMENTATION
Consultant shall act under the authority and approval of the Contract Administrator for the City to
provide the Services required by this Contract. The Contract Administrator for the City shall be
Jorge Gastelum, Community Development Director/City Engineer, or designee. The Contract
Administrator shall oversee the execution of this Contract, assist the Consultant in accessing the
organization, audit billings, and approve payments. The Consultant shall channel reports and
special requests through the Contract Administrator. City reserves the right to change the Contract
Administrator for the City without prior approval of the Consultant.
1.2
SERVICE DESCRIPTION
Consultant shall provide the Services described in Exhibit “A.” All work will be reviewed,
evaluated, approved, and monitored by the Contract Administrator to determine acceptable
completion. Review and approval by the Contract Administrator shall not relieve Consultant of any
liability for improper, negligent or inadequate services rendered pursuant to this Contract.
Consultant shall provide all work necessary to assure the Services are completed in a timely and
efficient manner consistent with service requirements, including, but not limited to, working in
close interaction with, and interfacing with, City and its designated employees, and working closely
with others, including other consultants or contractors retained by City.
Contract No. EM22-PK01
Page 2 of 10
1.3
DOCUMENTATION AND DATA
All documents, including but not limited to, data compilations, studies, and reports which are
prepared in the performance of this Contract are to be, and remain the property of, the City and are
to be delivered to the Contract Administrator before final payment is made to the Consultant.
2.1
FEE SCHEDULE, RECORDS, AUDIT RIGHTS
The fee Consultant shall be paid for all Services provided pursuant to the terms of this Contract,
inclusive of all expenses under this Contract, shall not exceed Fifty Four Thousand One Hundred
Seventeen Dollars ($54,117.00).
The Contract Administrator reserves the exclusive right to determine the amount of work performed
and payment due the Consultant on a monthly basis. Consultant shall maintain all books, paper
documents, accounting records and other evidence pertaining to such monthly billings and shall
make such materials available at all reasonable times to the Contract Administrator. Monthly
billings shall be accompanied by such documentation as the Contract Administrator may require to
make a determination of work performed and payment due.
Consultant’s records (hard copy, as well as computer readable data) and any other supporting
evidence deemed necessary by the City to substantiate charges and claims related to this Contract
shall be open to inspection and subject to audit and/or reproduction by City’s authorized
representative to the extent necessary to adequately permit evaluation and verification of cost of
the work, and any invoices, change orders, payments or claims submitted by the Consultant or any
of its payees pursuant to the execution of the Contract. The City’s authorized representative shall
be afforded access, at reasonable times and places, to all of the Consultant’s records and personnel
pursuant to the provisions of this article throughout the term of this contract and for a period of
three years after last or final payment.
Consultant shall require all subconsultants, insurance agents, and material suppliers (payees) to
comply with the provisions of this article by insertion of the requirements hereof in a written
contract agreement between Consultant and payee. Such requirements will also apply to any and
all subconsultants.
If any audit in accordance with this article discloses overcharges of any nature by the Consultant
to the City in excess of one percent (1%) of the total contract billings, the actual cost of the City’s
audit shall be reimbursed to the City by the Consultant. Any adjustments and/or payments which
must be made as a result of any such audit or inspection of the Consultant’s invoices and/or records
shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of
City’s findings to Consultant.
2.2
ADDITIONAL SERVICES; PRICE ADJUSTMENT
The total Scope of Work to be performed by Consultant in accordance with this Contract is set forth
herein and in Exhibit “A.” Services not included in this Contract, including Exhibit “A,” will be
considered Additional Services. Consultant shall not perform any Additional Services without
written authorization from the City. It shall be presumed that all Services performed/provided by
Consultant were included in the Contract and contemplated by Consultant as being part of the
original Scope of Work and the fees set forth herein, unless such Services have been separately
approved by the City, in writing, as Additional Services. Consultant shall not be paid for any
Additional Services that are not authorized by the City in writing.
Contract No. EM22-PK01
Page 3 of 10
2.3
OWNERSHIP
Upon receipt of payment for Services, Consultant grants to City, and shall cause its subconsultants
to grant to City, the exclusive ownership of any and all copyrights, if any, to evaluations, reports,
drawings, specifications, project manuals, surveys, estimates, reviews, minutes, and other
intellectual work product as may be applicable ("Work Product"). This grant is effective whether
the Work Product is on paper (e.g., a "hard copy"), in electronic format, or in some other form.
Consultant warrants, and agrees to indemnify, hold harmless and defend City for, from and against
any claim that any Work Product infringes on third-party proprietary interests. City may reuse the
Work Product at its sole discretion. In the event the Work Product is used for another project
without further consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product. In such case, City will also remove any
title block from the Work Product.
3.1
TERM AND EXTENSION
This Contract shall be in full force and effect only when approved and signed by City’s City
Manager as attested by the City Clerk. This Contract begins on the Effective Date. All work shall
be completed by June 30, 2022.
In the event the work cannot be completed within the time specified, the Contract Administrator
may approve a change order extending the time for completion of the work when Contract
Administrator determines it is in the best interest of the City for such period as the Contract
Administrator deems reasonable. A modification for a time extension for completion of the work
pursuant to this subparagraph shall not entitle Consultant to additional compensation.
3.2
TERMINATION
3.2.1
Termination for Cause
The City has the right to terminate this Contract for cause in the event Consultant materially
breaches any provision of this Contract or portion of the Services and fails to remedy the
breach within five (5) business days of notification of the breach, if the breach is remedial.
If Consultant fails to remedy the breach or if the breach is not remedial, City may terminate
this Contract for cause immediately upon written notice to Consultant. In the event the City
terminates this Contract or any part of the Services as herein provided pursuant to this
Section 3.2.1, the City shall notify the Consultant in writing, and immediately upon receipt
of such notice, the Consultant shall discontinue all work under this Contract.
Upon termination for cause, Consultant shall immediately deliver to the City all drawings,
research, data, studies, reports, estimates and any and all other documents or work product
generated by the Consultant under the Contract, together with all unused material supplied
by the City. Consultant shall be responsible only for such portion of the work which has
been completed and accepted by the City. Use of incomplete data by the City shall be the
City’s sole responsibility.
In the event of termination for cause, Consultant shall only be compensated a portion of
the agreed upon fee for such portion of the work that City agrees, in its sole discretion to
accept. City shall have no obligation to accept any portion of Consultant’s work if the
contract is terminated for cause, and shall have no obligation to pay Consultant for any
portion of the work, if any, not accepted by City.
Contract No. EM22-PK01
Page 4 of 10
If the Consultant materially fails to fulfill in a timely and proper manner its obligations
under this Contract, of if the Consultant violates any of the covenants, agreements, or
stipulations of this Contract, the City may withhold from payment due to the Consultant
such amounts as are necessary to protect the City’s position for the purpose of set-off until
such time as the exact amount of damages can be determined.
3.2.2. Termination for Convenience
The City has the right to terminate this Contract for convenience or to abandon any portion
of the work for which Services have not been performed by the Consultant. In the event
the City terminates this Contract or any part of the Services as herein provided pursuant to
this Section 3.2.2, the City shall notify the Consultant in writing, and immediately upon
receipt of such notice, the Consultant shall discontinue all work under this Contract.
Upon such termination for convenience or abandonment, the Consultant shall immediately
deliver to the City all drawings, research, data, studies, reports, estimates and any and all
other documents or work product generated by the Consultant under the Contract, together
with all unused material supplied by the City. Consultant shall be responsible only for such
portion of the work which has been completed and accepted by the City. Use of incomplete
data by the City shall be the City’s sole responsibility.
The Consultant shall receive as compensation in full for Services performed to the date of
such termination or abandonment, a fee for the percentage of Services actually completed
and accepted by the City. This fee shall be in an amount to be mutually agreed upon by the
Consultant and the City, based upon the scope of work set forth in Exhibit “A’ and the
payment schedule set forth in Article 2, hereof. If mutual agreement cannot be reached
after reasonable negotiation, the Contract Administrator shall determine the percentage of
satisfactory completion of each task set forth in the scope of work contained in Exhibit “A”
and the amount of compensation Consultant is entitled to for such work and the Contract
Administrator’s determination in this regard shall be final. The City shall make such final
payment within sixty (60) days after the Consultant has delivered the last of the partially
completed items.
3.3
FUNDS APPROPRIATION
If the City Council does not appropriate funds to continue this Contract and pay for charges
hereunder, the City may terminate this Contract at the end of the current fiscal period. The City
agrees to give written notice, pursuant to Section 3.2, Termination, of this Contract to the
Consultant at least thirty (30) days prior to the end of its current fiscal period and will pay to the
Consultant all approved charges incurred through the end of such period.
The City's fiscal year begins July 1st and ends June 30th each calendar year. The City may make
payment for Services rendered or costs encumbered only during a fiscal year and for a period of
sixty (60) days immediately following the close of the fiscal year, under the provisions of Arizona
Revised Statutes § 42-17108. Therefore, Consultant must submit billings for Services performed
or costs incurred prior to the close of a fiscal year within forty-five (45) days to allow payment
within this period.
4.1
ENTIRE AGREEMENT
Contract No. EM22-PK01
Page 5 of 10
This Contract constitutes the entire understanding of the parties and supersedes all previous
representations, written or oral, with respect to the Services specified herein. This Contract may
not be modified or amended except by a written document, signed by authorized representatives of
each party.
4.2
ARIZONA LAW
This Contract shall be governed and interpreted according to the laws of the State of Arizona. Any
action brought to interpret or enforce any provision of this Contract that cannot be administratively
resolved, or otherwise related to or arising from this Contract, shall be commenced and maintained
in the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to
the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes.
4.3
COMPLIANCE WITH LAWS
Consultant shall comply with all existing and subsequently enacted federal, state and local laws,
ordinances, codes, and regulations that are, or become applicable to this Contract. If a subsequently
enacted law imposes substantial additional costs on Consultant, a request for an amendment may
be submitted pursuant to this Contract.
4.4
MODIFICATIONS
Any amendment, modification or variation from the terms of this Contract shall be in writing and
shall be effective only after approval of all parties signing the original Contract.
4.5
ASSIGNMENT
Services covered under this Contract shall not be assigned or sublet in whole or in part without the
prior written consent of the Finance Director and Contract Administrator.
4.6
SUCCESSORS AND ASSIGNS
This Contract shall extend to and be binding upon Consultant, its successors and assigns, including
any individual, company, partnership or other entity with or into which Consultant shall merge,
consolidate or be liquidated, or any person, corporation, partnership or other entity to which
Consultant shall sell its assets.
4.7
ATTORNEY’S FEES
In the event either party brings any action for any relief, declaratory or otherwise, arising out of
this Contract, or on account of any breach or default hereof, the prevailing party may be entitled to
receive from the other party reasonable attorneys’ fees and reasonable costs and expenses
determined by the court sitting without a jury or arbitration board, which shall be deemed to have
accrued on the commencement of such action and shall be enforceable whether or not such action
is prosecuted to judgment or by arbitration award.
4.8
INDEPENDENT CONTRACTOR
The Services Consultant provides under the terms of this Contract to the City are that of an
Independent Contractor, not an employee or agent of the City. The City will report the value paid
for these Services each year to the Internal Revenue Service (I.R.S.) using Form 1099.
Contract No. EM22-PK01
Page 6 of 10
City shall not withhold income tax as a deduction from contractual payments. As a result of this,
Consultant may be subject to I.R.S. provisions for payment of estimated income tax. Consultant is
responsible for consulting the local I.R.S. office for current information on estimated tax
requirements. Consultant will not be entitled to any benefits provided by City to its employees,
including, but not limited to, health benefits, workers’ compensation, unemployment coverage,
deferred compensation, and all other typical employee benefits.
4.9
CONFLICT OF INTEREST
The City may cancel any contract or agreement, without penalty or obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf
of the City’s departments or agencies is, at any time while the contract or any extension of the
contract is in effect, an employee of any other party to the contract in any capacity or a consultant
to any other party to the Contract with respect to the subject matter of the Contract. The cancellation
will be effective when written notice from the City is received by all other parties to the Contract,
unless the notice specifies a later time (A.R.S. §38-511).
4.10
NOTICES
All notices or demands required to be given pursuant to the terms of this Contract shall be given
to the other party in writing, delivered by hand or registered or certified mail, at the addresses set
forth below, or to such other address as the parties may substitute by written notice given in the
manner prescribed in this paragraph.
In the case of Consultant:
J2 Engineering and Environmental Design, LLC
Attn: Adam Hawkins, PLA, ASLA
4649 E. Cotton Gin Loop, Suite B2
Phoenix, Arizona 85040
In the case of City
City of El Mirage
Attn: City Manager
10000 North El Mirage Road
El Mirage, Arizona 85335
With a copy to:
City of El Mirage
Attn: City Attorney
10000 North El Mirage Road
El Mirage, Arizona 85335
Notices shall be deemed received on date delivered, if delivered by hand, and on the delivery date
indicated on receipt if delivered by certified or registered mail.
4.11
FORCE MAJEURE
Neither party shall be responsible for delays or failures in performance resulting from acts beyond
their control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics,
governmental regulations imposed after the fact, fire, communication line failures, power failures,
or earthquakes.
4.12
TAXES
Contract No. EM22-PK01
Page 7 of 10
Consultant shall be solely responsible for any and all tax obligations which may result out of the
Consultant’s performance of this Contract. The City shall have no obligation to pay any amounts
for taxes of any type incurred by the Consultant.
4.13
ADVERTISING AND PROMOTION
Consultant shall not publish, release, disclose or announce to any member of the public, press,
official body, or any other third party: (1) any information concerning this Contract, the Services,
or any part thereof; or (2) any documentation or the contents thereof, without the prior written
consent of the City, except as required by law or judicial or regulatory process. The name of any
site on which Services are performed shall not be used in any advertising or other promotional
context by Consultant without the prior written consent of the City.
4.14
COUNTERPARTS
This Contract may be executed in one or more counterparts, and each originally executed duplicate
counterpart of this Contract shall be deemed to possess the full force and effect of the original.
4.15
CAPTIONS
The captions used in this Contract are solely for the convenience of the parties, do not constitute a
part of this Contract and are not to be used to construe or interpret this Contract.
4.16
SUBCONSULTANTS
During the performance of the Contract, the Consultant may engage such additional subconsultants
as may be required for the timely completion of this Contract. The addition of any subconsultants
shall be subject to the prior approval of the City.
In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of
this Contract rests with the Consultant.
4.17
INDEMNIFICATION
The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
City, its officers, directors and employees (collectively, City) against all damages, liabilities or
costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the
Consultant’s negligent performance of professional services under this Contract and that of its
subcontractors or anyone for whom the Consultant is legally liable.
The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Consultant, its officers, directors, employees and subcontractors (collectively, Consultant) against
all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent
caused by the City’s negligent acts in connection with the Services and the acts of its contractors,
subcontractors or consultants or anyone for whom the City is legally liable.
Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner
whatsoever for the other party’s own negligence or for the negligence of others.
4.18
INSURANCE
Contract No. EM22-PK01
Page 8 of 10
The Consultant shall secure and maintain at all times that this Contract is in effect, insurance
coverage which shall include statutory workers’ compensation, comprehensive general and
automobile liability, owner’s and Consultant’s protective liability insurance and errors and
omissions professional liability. The comprehensive general and automobile liability limits shall
be no less than one million dollars ($1,000,000) combined single limit. The owner’s and
Consultant’s protective liability limits shall be no less than one million dollars ($1,000,000) for
each occurrence and one million dollars ($1,000,000) policy aggregate naming the City as an
additional insured. The minimum amounts of coverage for Consultant’s professional liability shall
be one million dollars ($1,000,000). In other than errors and omissions professional liability, City’s
and Consultant’s protective liability and worker’s compensation, the City of El Mirage shall be
named as an additional insured.
All insurance coverage shall be written through a carrier licensed in Arizona, or an approved non-
admitted list of carriers published by the Arizona Department of Insurance, and possessing an A.M.
Best rating of at least A- or above with policies and forms satisfactory to the City.
The Consultant shall submit to the City a certificate of insurance evidencing the coverage and limits
stated in the foregoing paragraph within ten (10) days of award of this Contract. City shall not issue
a “Notice to Proceed” until after Consultant has submitted the certificate of insurance to City.
Insurance evidenced by the certificate shall not expire or be canceled or materially changed without
thirty (30) days prior written notice to the City, and a statement to that effect must appear on the
face of the certificate and the certificate shall be signed by a person authorized to bind the insurer.
The insurance policies, except Workers’ Compensation required by this Contract, shall name the
City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.
Consultant shall also submit to the City a copy of Consultant’s insurance policy endorsements
indicating that the City is an additional insured under Consultant’s insurance policies as required
herein.
4.19
FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS
To the extent applicable under A.R.S. § 41-4401, Consultant warrants its and its subconsultants’
compliance with all federal immigration laws and regulations that relate to their compliance with
the E-verify requirements under A.R.S. § 23-214(A). Consultant’s or its subconsultants’ breach of
the above-mentioned warranty shall be deemed a material breach of the Contract and may result in
the termination of the Contract by the City. The City retains the legal right to randomly inspect the
papers and records of Consultant and its subconsultants to ensure that the Consultant and its
subconsultants are complying with the above-mentioned warranty.
The Consultant warrants to keep the papers and records open for random inspection during normal
business hours by the City. The Consultant shall cooperate with the City’s random inspections
including granting the City entry rights to Consultant’s property to perform the random inspections
and waiving its right to keep such papers and records confidential. The failure of Consultant to
comply with this warranty regarding the keeping of papers and records and cooperating with City’s
random inspections shall constitute a material breach of the Contract and the City will have the
right to immediately terminate the Contract.
4.20
BOYCOTT OF ISRAEL
Consultant certifies that it is not currently engaged in and agrees for the duration of this Agreement
Contract No. EM22-PK01
Page 9 of 10
that it will not engage in a boycott of Israel as set forth in ARIZ. REV. STAT. § 35-393 and § 35-
393.01
4.21
SEVERABILITY
If any term or provision of this Contract shall be found to be illegal or unenforceable, then
notwithstanding such illegality or unenforceability, this Contract shall remain in full force and
effect and such term or provision shall be deemed to be deleted.
CITY OF EL MIRAGE
CONSULTANT:
By: ______________________________
_______________________________
Print Name
By: J. Crystal Dyches
Its: City Manager
By: ______________________________
Signature
Its _______________________________
Title
ATTEST:
____________________________
Sharon Antes, City Clerk
APPROVED AS TO FORM:
___________________________
Justin Pierce, City Attorney
Page 10 of 10
EXHIBIT “A”
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
February 3, 2022 - V4
Tessa Wessel, E.I.T.
Civil Engineer
City of El Mirage
10000 N. El Mirage Road
El Mirage, Arizona 85335
Re: El Mirage Multi Use Trail – Dysart Road to Cactus Road
Dear Ms. Wessel,
J2 Engineering and Environmental Design LLC (J2) is pleased to be selected to provide professional Civil Engineering and Landscape
Architectural design services for the development of the El Mirage multi use trail from Dysart Road to Cactus Road. J2’s scope of services and
fees are based upon correspondence received from the City of El Mirage on Nov. 15, as well as ongoing email and phone correspondence.
Updated Project Limits Map
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
Project Understanding: The City of El Mirage (COEM) intends to construct a 12’ wide, two-way multi-use concrete trail on the top bank of the
City’s drainage channel (one side of channel only). The trail will be approximately 1 mile in length starting at Dysart Road and ending at Cactus
Road and will avoid encroachment within the floodplain, refer to project limits map on the previous sheet. The trail will provide recreational
opportunities for residents within the drainage channel owned and maintained by the City as well as continuous non-motorized transportation
throughout the community from schools, parks, shopping and places of work.
Our estimated Not-to-Exceed design fee for this project is as follows (see attached fee sheets for break down):
Base Design Fee
J2 Design – Landscape Architecture / Civil Engineering Design - Fee:
$ 26,632.00
Wright Engineering Corp. – Electrical Engineering Design – Fee:
$ 12,925.00
Consultant Registered Survey – Survey – Fee:
$ 13,860.00
Allowances
Structural Calculations for Light Footings:
$ 700.00
Total Fee including Base Design Fees and Allowances:
$ 54,117.00
Thank you for selecting the J2 Team; we are excited to begin work on this important project and to continue our outstanding working
relationship with the City of El Mirage. Please do not hesitate to call with any questions that you may have.
Sincerely,
Adam Hawkins, PLA, ASLA
Project Landscape Architect
J2 Engineering and Environmental Design, LLC
ahawkins@j2design.us
o 602.438.2221 ext. 138
c 623.694.6134
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
City of El Mirage
El Mirage Multi-Use Trail – Dysart Road to Cactus Road
J2 Scope of Services
Task 100 - Project Initiation
The City of El Mirage (COEM) will provide J2 with any project correspondence, construction drawings, existing site surveys, utility data, as-
builts and/or any additional information, which may be pertinent to development of the initial trail layout. J2 will review this information prior
to the site visit/ kick-off meeting.
J2 Design will also coordinate with our sub-consultant to begin the required fieldwork including site survey.
Anticipated Submittals/Products
•
Results of Survey
Anticipated Meetings
•
Site Visit / Kick-Off Meeting. J2 will have three (3) representatives at this meeting: our Project Engineer, Project Landscape Architect,
and designer. This meeting is intended to be four (4) hours in length and held at the COEM building then travel to the project site and
walk the corridor. J2 will provide the agenda and meeting minutes.
Task 200 – 30% Roll Plot Graphic
Purpose: After meeting during task 100 and receiving comments and direction from the COEM on the proposed El Mirage Multi Use Trail , J2
will initiate development of our 30% Roll Plot Graphic, which will show the overall layout of the trail, trail connections, and proposed lighting.
Anticipated Submittals/Products
•
30% Roll Plot
Anticipated Meetings
•
Design Coordination Meeting. J2 will have two (2) representatives at this meeting: our Project Engineer and Project Landscape
Architect. This meeting is intended to be two (2) hours in length and held virtually. J2 will prepare the virtual meeting link and forward
to COEM for distribution to the appropriate staff. J2 will provide the agenda and meeting minutes.
Task 300 – 95% Pre-Final Construction Documents
Purpose: After receiving and discussing comments in Task 200 from COEM Staff on the 30% roll plot J2 will initiate development of our 95%
Pre-Final Construction Document submittal. J2 will submit plans to the COEM for their review and distribution.
Anticipated Submittals/Products
•
J2 Will submit an Electronic (PDF) set of plans (24” x 36”) developed to a 95% level of completion to COEM for review and comment.
The following sheets are anticipated to be produced by J2 and will be included in the 95% set (and all subsequent sets) for twelve (12)
sheets.
o
City Cover Sheet (1)
o
City General Notes and Key Map Sheet (1)
o
Trail Geometry Plan and Data Table (1)
o
Trail Typical Sections (1)
o
Civil / Hardscape Details – Signage / Striping / Ramps / Railing (2)
o
Trail Layout Plans (G&D) (20 Scale Double Stacked) (6)
•
Opinion of Probable Construction Cost (PDF)
•
Project specifications (PDF)
Anticipated Meetings
•
One (1) Design Coordination Meetings. J2 will have two (2) representatives at each meeting: our Project Engineer and Project
Landscape Architect. This meeting is intended to be two (2) hours in length and held virtually. J2 will prepare the virtual meeting link
and forward to COEM for distribution to the appropriate staff. J2 will provide the agenda and meeting minutes.
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
•
One (1) Comment Resolution Meeting. J2 will have two (2) representatives at each meeting: our Project Engineer and Project
Landscape Architect. This meeting is intended to be two (2) hours in length and held virtually. J2 will prepare the virtual meeting link
and forward to COEM for distribution to the appropriate staff. J2 will develop a comment resolution form and provide to the COEM to
assist in organizing the comments and their final resolution
Task 400 – 100% Final Construction Document– Plans, Specifications, and Estimate (PS&E)
Purpose: After receiving and discussing comments in Task 300 from COEM Staff on the 95% set of plans J2 will initiate development of our
100% Final Construction Document submittal. J2 will submit plans to the COEM for their review and distribution.
Anticipated Submittals/Products
•
Final Sealed Plans (PDF)
•
Opinion of Probable Construction Cost (PDF)
•
Project specifications (PDF)
Anticipated Meetings
•
None
Sub Consultants
J2 has requested scope and fee submittals from the following sub-consultants
Wright Engineering Corp. - To provide electrical engineering construction drawings.
Consultant Registered Survey (CRS) - To provide survey along project corridor and develop any necessary easement exhibits.
Design Allowances
The following allowances may only be utilized if authorized in advance by the city. These allowances will not be authorized until a full modified
scope is known and may need to be increased if the required scope exceeds the established allowance amount.
Design Allowances – Structural Design and Calculations for any non-direct bury light pole.
General Understanding
The City of El Mirage the (Owner) shall designate a person for the project to act as the Client’s representative with respect to the services
to be performed or furnished by the Project Team under this agreement. Such person, department, or committee shall have complete
authority to transmit instructions, receive information, interpret, and define the Client's policies and decisions with respect to the Project
Team's services for the Project. The Owner shall also provide key team personnel to be available in coordination meetings including
operations and plan review representatives.
The Owner shall make available to the Project Team existing available data and records relevant to the site that the Owner has available.
The Owner shall approve in a timely manner all criteria and information as to Client's requirements for the Project including planning
objectives and constraints, performance requirements, any budgetary limitations, and the submittal by the Project Team at the various
phases of the projects.
The Owner shall furnish to the Project Team, upon the request of Project Team for performing the services, any existing pertinent data
prepared by others, including electronic base maps, drawings of physical conditions in or relating to existing surface or subsurface utilities
or structures within the planning area, hydrographic surveys, environmental or cultural assessments, impact statements, and other relevant
environmental or cultural studies pertaining to the project as the Owner has available.
The Owner shall give prompt notice to Project Team whenever Client observes or otherwise becomes aware of any development that
affects the scope of services or the time schedule of the Project Team.
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
The Owner warrants and represents that members of the Project Team have the right to enter upon the real property involved herein, and
extends this right to J2. The Project Team agrees to exercise due care in the performance of all services pursuant hereto and
acknowledges that it is at our own risk.
The Project Team has provided no environmental or cultural investigations on this site/project, has no knowledge of any adverse
environmental or cultural conditions on the site/project, and is not responsible for and has no liability for any such environmental or cultural
condition should one be found. It is the responsibility of the Owner to investigate and make these environmental or cultural determinations
based on the best knowledge and information available at the time of this project. Clearance to begin work shall be given prior to directing
or ordering the preparation of any documents.
Design Assumptions and Exclusions
The following services are understood as NOT a part of J2’s scope of services for this project:
1.
Preparation of any public meeting advertisements or mailings, public presentation graphics, or attendance at any public
meetings
2.
Cultural and or Environmental Clearances
3.
Permit Fees
4.
Preparation of documents or submittal to any Design Review Board (DRB) type agency or attendance at any DRB meetings
is not included in this scope of services.
5.
Preparation of any Landscape or Irrigation Plans, or details.
6.
Geotechnical Investigation or reports.
7.
Design of any additional hardscape plaza areas outside of the proposed 12’ wide pathway.
8.
Development of any retaining wall layouts and details
We would expect to start our services promptly after receipt of your acceptance of this proposal and complete our services in a timely
manner. This exhibit represents the entire understanding of the Scope of Services as set out herein and may only be modified in writing
signed by both parties.
El Mirage Multi Use Trail
City of El Mirage
J2 Engineering and Environmental Design, LLC
2/3/2022
Project
Manager Sr.
Project
Engineer Sr.
Project
Engineer
Engineer
Landscape
Architect Sr.
Landscape
Architect
Designer Sr.
Designer
207.31
$
178.86
$
133.47
$
98.91
$
184.28
$
126.53
$
119.73
$
76.88
$
Task #
Hours Total
100
101
Survey Coordination
3
1
1
5
102
Project Initiation, Base file, and Sheet Set up
2
6
12
20
103
Asbuilt and Utility Data Gathering
1
4
6
11
104
One (1) Kick-Off Meeting / Site Visit /Agenda and Minutes
4
4
4
12
200
201
Develop 30% Roll Plot Graphic
6
4
12
20
42
202
One (1) Design Meeting / Agenda and Minutes
4
4
8
300
301
Plan Development (12 Sheets)
12
8
10
16
46
302
Project Specifications
6
2
8
303
Opinion of Probable Cost
2
8
10
304
Subconsultant Coordination
8
8
305
QA/QC
3
3
306
One (1) 95% Design Coordinaton Meeting / Agenda and
Minutes
4
4
307
One (1) 95% Comment Resolution Meeting / Compile
Comments and Responses
4
4
400
401
Plan Development (12 Sheets)
8
8
12
20
48
402
Project Specifications
4
4
403
Opinion of Probable Cost
2
4
6
404
QA/QC
2
2
405
Subconsultant Coordination
2
2
5
0
44
0
0
58
45
91
243
1,036.55
$
-
$
5,872.68
$
-
$
-
$
7,338.74
$
5,387.85
$
6,996.08
$
26,632.00
$
Subconsultants:
Fee Amount
Wright Engineering Corp. - Electrical Engineering
12,925.00
$
54,117.00
$
Consultant Registered Survey - Survey
13,860.00
$
Total Subconsultants:
26,785.00
$
Allowances:
Fee Amount
Structural Calculations for Light Footing
$700.00
Total Allowances:
$700.00
Date
February 3, 2022
30% Roll Plot Graphic
Vice President, Principal Landscape Architect
Jeffrey Velasquez, PLA, ASLA
J2 Hours per Labor Category:
J2 Fee per Labor Category:
J2 Engineering and Environmental Design, LLC
Total Fee J2, Subconsultants, and Allowances:
100% Final Construction Documents - Plans, Specifications, and Estimate (PS&E)
95% Pre-Final Construction Documents - Plans, Specifications, and Estimate (PS&E)
Labor Category:
Rate:
Task Description:
Project Initiation
El Mirage Multi Use Trail
J2_Fee_El Mirage_2022-02-03.xls
1
#B21-0908
ELECTRICAL ENGINEERING & LIGHTING DESIGN
165 EAST CHILTON CHANDLER, ARIZONA 85225 OFFICE: 480-497-5829 FAX: 480-497-5807
www.wrightengineering.us
February 3, 2022
J2 Engineering & Environmental Design
4649 East Cotton Gin Loop
Suite B2
Phoenix, Az 85040
Re:
El Mirage Multi-Use Trail Lighting
Attn: Adam Hawkins
Dear Adam,
Wright Engineering appreciates this opportunity to submit a proposal for electrical
engineering services on the above referenced project. The following services will
be performed in a professional manner to meet City of El mirage requirements:
Electrical Design Scope of Services:
1.
Coordinate design with owner, power company, civil engineer, and/or
architect/landscape architect as required.
a.
Project coordination will be performed via email and telephone calls,
no in-person meetings are included in this scope.
2.
Visit the site to determine existing conditions and electrical configuration. Up
to (1) one visit.
3.
Design the electrical power system to meet local codes and requirements.
4.
Prepare 24” X 36” electrical construction drawings including an overall site
plan showing all new equipment to include the following:
1)
Solar lighting (~4,550 linear feet)
2)
Control equipment
5.
Prepare photometric calculations showing all lighting averages, uniformities
and any spill light at adjacent property lines.
6.
All lighting on/off control will be designed per client’s requirements. All
necessary equipment will be shown on the plans.
7.
Prepare necessary elevation view and installation details of the equipment
listed above to help determine layout and size.
8.
Prepare an engineer’s opinion of probable electrical construction costs upon
request.
9.
Structural calculations for the light foundations are included below as an
allowance if required by the reviewing agency.
10. Perform in-house QAQC review and modifications.
11. The above plans will be provided to client at 30%, 60%, 90% and 100%
levels for submittal review and comment. Submittals will be made via email
El Mirage Multi-Use Trail Lighting
Page 2 of 6
February 3, 2022
in digital PDF format. Client will print, copy and submit to the City and owner
as needed.
12. Up to one set of base drawing changes or updates will be included in this
engineering cost proposal. Incorporating any additional base drawing
changes will incur additional cost at the rates noted under additional
services.
13. Municipal review comments will be responded to and addressed.
Responsibilities of Others:
1.
Provide Wright Engineering Corp. electronic base files in an AutoCAD
format which includes all proposed and existing utilities, all proposed
improvements, and any existing conditions that affect this scope.
2.
Wright Engineering will submit plans to the civil engineer or landscape
architect for submittal to the local government agencies for approval and
permits.
3.
Designation of electrical service location will be determined by the local
utility company. The owner is responsible for coordination of the design of
all electrical utility power services during the design process.
Final Deliverables:
1.
Upon completion of the design, we will provide final sealed documents
bearing the signature of a registered electrical engineer in the State of
Arizona.
Engineering Fee:
The above services will be provided as follows:
1.
Solar Lighting Electrical Design: $12,925.00 (Hourly, Not to Exceed)
2.
Allowance for structural calculations if required: $700.00 (Lump Sum)
Additional Services:
Any services not specifically included in the Scope of Services section shall be
additional services payable at an hourly fee at the following rates:
Principal
$165/hour
Designer
$105/hour
Senior Engineer
$145/hour
Draftsman
$95/hour
Engineer
$125/hour
Secretary
$55/hour
El Mirage Multi-Use Trail Lighting
Page 3 of 6
February 3, 2022
Printing Charges:
Although not anticipated, any printing and delivery requested will be charged as
follows:
Blacklines
$ 2.00 each
Mylar Sepia
$18.00 each
Delivery Cost
cost
Billing:
We will bill you on a monthly basis for these services. Payment terms are Net 30
days. This proposal will be valid for the next 90 days. If you have any questions,
please contact us at your earliest convenience.
I look forward to working with you on this project. Please show your acceptance
of this proposal by signing below and returning one copy for my records.
Sincerely,
Clifford Tolman, P.E.
Wright Engineering Corporation
I have received and read Appendix ‘A’ and agree to all terms and conditions as
outlined in Appendix ‘A’ and this proposal. By signing, the proposal becomes the
agreement and is executed.
Accepted this day of 2022
__________________________________
(Company Name)
__________________________________
(Signature)
__________________________________
(Print or Type Name)
__________________________________
(Title)
The Client agrees that the
technical methods, techniques,
and
pricing
information
contained
in
any
proposal
submitted
by
Wright
Engineering pertaining to this
project or in this Agreement or
any addendum thereto, are to be
considered
confidential
and
proprietary, and shall not be
released or otherwise made
available to any third party
without the express written
consent of Wright Engineering.
El Mirage Multi-Use Trail Lighting
Page 4 of 6
February 3, 2022
Client Billing Information:
Contract/AP Contact Name: _________________________________________
Address: ________________________________________________________
Business Phone: _________________ Mobile Phone: ____________________
Email:___________________________________________________________
It is our desire to keep communication flowing freely. To contact us for contract
information or accounts payable information, please email Cami Penrod at
cpenrod@wrightengineering.us or call us at 480-497-5829.
El Mirage Multi-Use Trail Lighting
Page 5 of 6
February 3, 2022
Appendix ‘A’
Terms and Conditions
Certifications
Wright Engineering Corp. shall not be required to execute any document that would result in its
certifying, guaranteeing or warranting the existence of conditions whose existence Wright
Engineering Corp. cannot ascertain.
Termination of Services
This agreement may be terminated by the Client or Wright Engineering Corp. should the other fail
to perform its obligations hereunder. In the event of termination, the Client shall pay Wright
Engineering Corp. for all service rendered to the date of termination and all reimbursable
expenses.
Ownership of Documents
All documents produced by Wright Engineering Corp. under this agreement shall remain the
property of Wright Engineering Corp. and may not be used by the Client for any other endeavor
without the written consent of Wright Engineering Corp.
Billings/Payments
Invoices for Wright Engineering Corporation services shall be submitted, at Wright Engineering
Corporation’s option, either upon completion of such services or on a monthly basis. Invoices
shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days,
Wright Engineering Corporation may, without waiving any claim or right against the Client, and
without liability whatsoever to the Client, terminate or suspend the performance of the service.
Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of
one-and-one-half percent (1.5%) (or the maximum rate allowed by law, whichever is less) on the
then unpaid balance. In the event any portion, or all of an account remains unpaid 90 days after
billing, the Client shall pay all costs of collection including reasonable attorney’s fees.
Unauthorized Changes
In the event the Client, the Client’s contractors or subcontractors, or anyone for whom the Client
is legally liable makes or permits to be made any changes to any reports, plans, specifications or
other construction documents prepared by Wright Engineering Corp. without obtaining Wright
Engineering Corporation’s prior written consent, the Client shall assume full responsibility for the
results of such changes. Therefore, the Client agrees to waive any claim against Wright
Engineering Corp. and to release Wright Engineering Corp. from any liability arising directly or
indirectly from such changes. In addition, the Client agrees, to the fullest extent permitted by law,
to indemnify and hold harmless Wright Engineering Corp. from any damages, liabilities or costs,
including reasonable attorneys’ fees and costs of defense, arising from such changes. In addition,
the Client agrees to include in any contracts for construction appropriate language that prohibits
the Contractor or any subcontractors of any tier from making any changes or modifications to
Wright Engineering Corporation’s construction documents without the prior written approval of
Wright Engineering Corp. and that further requires the Contractor to indemnify both Wright
Engineering Corp. and the Client from any liability or cost arising from such changes made
without such proper authorization.
Permits and Approvals
It is the responsibility of the Client to obtain all permits and approvals normally required by law for
projects similar to the one for which Wright Engineering Corporation’s services are being
engaged. Wright Engineering Corp. may assist the Client as requested in applying for those
permits and approvals for an additional fee. This service is not included in the Basic Services of
this Agreement.
El Mirage Multi-Use Trail Lighting
Page 6 of 6
February 3, 2022
Construction Supervision
The Consultant shall not supervise, direct or have control over the Contractor’s work nor have
any responsibility for the construction means, methods, techniques, sequences or procedures
selected by the Contractor nor for the Contractor’s safety precautions or programs in connection
with this Work. These rights and responsibilities are solely those of the Contractor in accordance
with the Contract Documents. The Consultant shall not be responsible for any acts or omissions
of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or
employees of any of them. The Consultant does not guarantee the performance of the Contractor
and shall not be responsible for the Contractor’s failure to perform its Work in accordance with the
Contract Documents or any applicable laws, codes, rules or regulations.
Changed Conditions
If, during the term of this Agreement, circumstances or conditions that were not originally
contemplated by or known to the Consultant are revealed, to the extent that they affect the scope
of services, compensation, schedule, allocation of risks or other material terms of this Agreement,
the Consultant may call for renegotiation of appropriate portions of this Agreement. The
Consultant shall notify the Client of the changed conditions necessitating renegotiation, and the
Consultant and the Client shall promptly and in good faith enter into renegotiation of this
Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree
that either party has the absolute right to terminate this Agreement, in accordance with the
Termination provision hereof.
Attorneys’ Fees
In the event of any litigation arising from or related to this Agreement or the services provided
under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing
party all reasonable costs incurred, including staff time, court costs, attorneys’ fees and all other
related expenses in such litigation.
Mediation
In an effort to resolve any conflicts that arise during the design and construction of the Project or
following the completion of the Project, the Client and the Consultant agree that all disputes
between them arising out of or relating to this Agreement or the Project shall be submitted to non-
binding mediation unless parties mutually agree otherwise.
Proprietary Information
The Client agrees that the technical methods, design details, techniques and pricing data
contained in any material submitted by Wright Engineering Corp pertaining to this Project or this
Agreement shall be considered confidential and proprietary, and shall not be released or
otherwise made available to any third party without the express written consent of Wright
Engineering Corp.
Indemnification
The Consultant and the Subconsultant mutually agree, to the fullest extent permitted by law, to
indemnify and hold each other harmless against all damages, liabilities or costs, including
reasonable attorneys’ fees and defense costs, arising from their own negligent acts in the
performance of their services under this Agreement, to the extent that each party is responsible
for such damages, liabilities and costs on a comparative basis of fault.
Limitation of Liability
Neither the engineer, the engineer’s consultants, nor their agents or employees shall be jointly or
individually liable to the owner in an amount in excess of our fees.
Appendix 'A'
Schedule of Electrical Engineering Services Fee
El Mirage Multi-use Trail Lighting
Electrical Engineering Services
Wright Engineering
TASK
DESCRIPTION
Principal
EE
Designer
Administrative
TOTAL
HOURS
Electrical Engineering Services
1
Project Coordination/Meetings
0.00
6.00
2.00
0.00
8.00
2
Site Investigations/Existing Condition Anaysis
0.00
0.00
4.00
0.00
4.00
3
Prepare Construction Documents Plans
0.00
8.00
20.00
0.00
28.00
4
Prepare Photometric Analysis, Details and Calculations
0.00
8.00
20.00
0.00
28.00
5
Prepare Opinion of Probable Construction Cost and Specifications
0.00
3.00
6.00
0.00
9.00
6
Plan Submittal / QAQC
0.00
8.00
10.00
0.00
18.00
7
Address Comments
0.00
4.00
10.00
0.00
14.00
ESTIMATED HOURS
0.00
37.00
72.00
0.00
Direct Hourly Rate
$165.00
$145.00
$105.00
$55.00
LABOR COST
$0.00
$5,365.00
$7,560.00
$0.00
TOTAL ESTIMATED HOURS
109.00
109
TOTAL ESTIMATED LABOR COST
$12,925
$12,925
TOTAL PROJECT COST
$12,925.00
February 3, 2022