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ENGINEERING SERVICES AGREEMENT BETWEEN
CITY OF APACHE JUNCTION AND KIMLEY-HORN AND ASSOCIATES, INC
FOR ENGINEERING ON-CALL SERVICES PROJECT NO. RFQ PW 26-02
THIS AGREEMENT is made as of the _ day of ___ 20_ (the
"Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City"), and KIMLEY-HORN AND ASSOCIATES, INC., a
North Carolina Corporation ("Consultant"), sometimes collectively referred to as
the "Parties" or individually as a "Party" for the project entitled "PW 26-02 -
ENGINEERING ON-CALL SERVICES".
RECITALS
A.
City desires to retain an engineer to assist in a comprehensive on-
call general civil engineering services and to make payment for the same in
accordance with the terms and conditions set forth in this Agreement, including
all attachments and addenda which are appended to it.
B.
The open market procedures have been satisfied to the extent they
apply.
C.
The Parties have set forth below contemplated services Consultant
will provide to City, including payment terms for such services and products.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1.
CONSULTANT'S DUTIES:
Consultant agrees to perform the
professional services detailed in Exhibit A (the "Services").
2.
COMPENSATION: In accordance with Exhibit B and the terms and
conditions of this Agreement, City shall compensate Consultant on a per-project
basis for services in an amount not to exceed Five Hundred Thousand Dollars
and Zero Cents ($500,000.00) (the "Contract Amount").
3.
CONSUL TANT BILLING: Consultant shall invoice City on a time and
expense basis in a total amount not to exceed the Contract Amount. City agrees
to process for payment invoices received from Consultant within thirty (30)
calendar days following receipt of such invoices, provided Consultant fulfills all
duties and obligations set forth in this Agreement. Review of invoices by City may
include an inspection of the Services.
4.
TERM: The term of this Agreement shall commence on July 1, 2026,
and end on June 30, 2029. This Agreement may be renewed for up to two (2)
additional years upon mutual written consent of the Parties, provided that any
renewal shall be executed by an authorized signatory of the Parties and shall set
forth in writing the renewed term of the Agreement and, if applicable, a specified
dollar amount of additional payment to be owed by City to Consultant.
5.
CITY’S STANDARD OF PERFORMANCE: City shall furnish Consultant
with all data, information and other supporting services necessary for Consultant
to perform the Services. City shall not be responsible for discovering deficiencies
in the technical accuracy of the Services.
6.
CONSULTANT’S STANDARD OF PERFORMANCE: The Services shall
be performed by qualified professionals licensed in Arizona, selected and paid by
Consultant and acting in the interest of the Consultant. While performing the
Services, Consultant and its subcontractors shall exercise the reasonable
professional care and skill customarily exercised by reputable members of
Consultant’s profession practicing in the Phoenix Metropolitan Area and shall use
reasonable diligence and best judgment while exercising its professional skill and
expertise. Consultant shall be responsible for all errors and omissions Consultant
or its subcontractors commit in the performance of this Agreement. Consultant
shall correct any deficiencies in the technical accuracy of the Services without
additional compensation except to the extent such corrective action is directly
attributable to deficiencies in any information provided by City.
7.
NOTICES: All notices to a Party required under this Agreement shall
be in writing and sent by first class certified mail, postage prepaid, return receipt
requested, addressed to the following:
If to City:
City of Apache Junction
Emile Schmid
Department of Public Works
575 East Baseline Avenue
Apache Junction, AZ 85119
If to Consultant:
Kimley-Horn and Associates Inc.
2046 Riverview Auto Drive. Ste #400
Mesa, AZ 85201
8.
INSURANCE:
8.1
General Provisions. Consultant, at its own expense, shall purchase
and maintain during the Term the insurance required by this Agreement with
companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or
2