Agreement - Wilson Engineers

City of Chandler Professional Services Agreement  
 Page 1  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
 
 
 
PROFESSIONAL SERVICES AGREEMENT 
Construction Management Services 
ARROWHEAD WATER PRODUCTION FACILITY REHABILITATION & PECOS SURFACE 
WATER TREATMENT PLANT SURGE SYSTEM 
Project No. WA1903.451 and WA1908.451 
Council Date: April 22, 2021   Item No.  
 
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________, 
2021 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, 
("City''), and Wilson Engineers, LLC, an Arizona limited liability company, ("Consultant") (City 
and Consultant may individually be referred to as “Party” and collectively referred to as 
“Parties”). 
 
RECITALS 
 
A. City proposes to engage Consultant to provide Construction Management Services for 
ARROWHEAD WATER PRODUCTION FACILITY REHABILITATION & PECOS SURFACE WATER 
TREATMENT PLANT SURGE SYSTEM project as more fully described in Exhibit "A", which is 
attached to and made a part of this Agreement by this reference. 
 
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for 
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to 
and made a part of this Agreement by this reference. 
 
C. City desires to contract with Consultant to provide these services under the terms and 
conditions set forth in this Agreement. 
 
AGREEMENT 
 
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this 
Agreement, City and Consultant agree as follows: 
 
SECTION I--CONSULTANT’S SERVICES 
 
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within 
the terms and conditions of this Agreement and within the care and skill that a person who 
provides similar services in Chandler, Arizona exercises under similar conditions. All work or 
services furnished by Consultant under this Agreement must be performed in a skilled and 
workmanlike manner.  All fixtures, furnishings, and equipment furnished by Consultant as

City of Chandler Professional Services Agreement  
 Page 2  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
part of the work or services under this Agreement must be new, or the latest model, and of 
the most suitable grade and quality for the intended purpose of the work or service.  
 
SECTION II--PERIOD OF SERVICE 
 
Consultant must perform the services described in Exhibit “A” for the term of this 
Agreement.  Unless amended in writing by the Parties, the Agreement term expires 400 
calendar days after the Notice to Proceed (NTP) Date. 
 
SECTION III--PAYMENT OF COMPENSATION AND FEES 
 
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully 
described in Exhibit “B” for performance of the services approved and accepted by City 
under this Agreement must not exceed $623,308 for the full term of the Agreement. 
Consultant may not increase any compensation or fees under this Agreement without the 
City’s prior written consent. Consultant must submit monthly requests for payment of 
services approved and accepted during the previous billing period and must include, as 
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished 
during the billing period, a list of any deliverables submitted, and any subconsultant’s or 
supplier’s actual requests for payment plus similar narrative and listing of their work. 
Consultant must submit an Application and Certification for Payment Sheet with the 
monthly request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for 
those services negotiated as a lump sum will be made in accordance with the percentage of 
the work completed during the preceding billing period. Services negotiated as a not-to-
exceed fee will be paid in accordance with the work effort expended on the service during 
the preceding month. All requests for payment must be submitted to City for review and 
approval. City will make payment for approved and accepted services within 30 calendar 
days of City’s receipt of the request for payment. Consultant bears all responsibility and 
liability for any and all tax obligations that result from Consultant’s performance under this 
Agreement.  
 
SECTION IV--CITY'S OBLIGATIONS 
 
As part of Consultant’s services under this Agreement, City will provide furnished items, 
services, or obligations as detailed in Exhibit “D”. 
 
SECTION V--GENERAL CONDITIONS 
 
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in 
writing and will be deemed to have been duly given and received either (a) on the date of 
service if personally served on the party to whom notice is to be given, or (b) on the third 
day after the date of the postmark of deposit by first class United States mail, registered or 
certified, postage prepaid and properly addressed as follows:

City of Chandler Professional Services Agreement  
 Page 3  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
To City: 
City of Chandler 
Public Works & Utilities Department 
Attn:  CIP City Engineer 
P.O. Box 4008, Mail Stop 407 
Chandler, AZ 85244-4008 
With a Copy to: 
Project Manager 
City of Chandler 
Public Works & Utilities Department 
P.O. Box 4008, Mail Stop 407 
Chandler, AZ 85244-4008 
To Consultant: 
Mr. Phil Noonan 
Wilson Engineers, LLC 
1620 W. Fountainhead Pkwy., Ste. 501 
Tempe, AZ  85282 
 
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses 
pertaining to this Agreement and records of accounts between City and Consultant must be 
kept on the basis of generally accepted accounting principles and must be made available 
to City and its auditors for up to three years following City’s final acceptance of the services 
under this Agreement (this requirement is increased to five years if construction of this 
project is federally funded). City, its authorized representative, or any federal agency, 
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness 
of all cost and pricing data, including data used to negotiate this Agreement and any 
amendments. City reserves the right to decrease the total amount of Agreement price or 
payments made under this Agreement or request reimbursement from Consultant 
following final contract payment on this Agreement if, upon audit of Consultant’s records, 
the audit discloses Consultant has provided false, misleading, or inaccurate cost and pricing 
data. Consultant will include a similar provision in all of its contracts with subconsultants 
who provide services under the Agreement to ensure that City, its authorized 
representative, or the appropriate federal agency, has access to the subconsultants’ records 
to verify the accuracy of all cost and pricing data. City reserves the right to decrease 
Contract price or payments made on this Agreement or request reimbursement from 
Consultant following final payment on this Agreement if the above provision is not included 
in subconsultant agreements, and one or more subconsultants refuse to allow City to audit 
their records to verify the accuracy and appropriateness of all cost and pricing data. If, 
following an audit of this Agreement, the audit discloses Consultant has provided false, 
misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the 
total Agreement billings, Consultant will be liable for reimbursement of the reasonable, 
actual cost of the audit. 
 
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results 
in a substantial change in this Agreement, thereby materially increasing or decreasing the 
scope of services, cost of performance, or Project schedule, the work will be performed as 
directed by City. However, before any modified work is started, a written amendment must 
be approved and executed by City and Consultant. Such amendment must not be effective 
until approved by City. Additions to, modifications, or deletions from this Agreement as

City of Chandler Professional Services Agreement  
 Page 4  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
provided herein may be made, and the compensation to be paid to Consultant may 
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and 
agreed that no claim for extra services or materials furnished by Consultant will be allowed 
by City except as provided herein, nor must Consultant do any work or furnish any 
materials not covered by this Agreement unless such work is first authorized in writing. Any 
such work or materials furnished by Consultant without prior written authorization will be 
at Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without 
written authorization Consultant will make no claim for compensation for such work or 
materials furnished. 
 
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants 
contained herein, except that City reserves the right, at its discretion and without cause, to 
terminate or abandon any service provided for in this Agreement, or abandon any portion 
of the Project for which services have been performed by Consultant. In the event City 
abandons or suspends the services, or any part of the services as provided in this 
Agreement, City will notify Consultant in writing and immediately after receiving such notice, 
Consultant must discontinue advancing the work specified under this Agreement. Upon 
such termination, abandonment, or suspension, Consultant must deliver to City all 
drawings, plans, specifications, special provisions, estimates and other work entirely or 
partially completed, together with all unused materials supplied by City. Consultant must 
appraise the work Consultant has completed and submit Consultant’s appraisal to City for 
evaluation. City may inspect Consultant’s work to appraise the work completed. Consultant 
will receive compensation in full for services performed to the date of such termination. The 
fee will be paid in accordance with Section Ill of this Agreement, and as mutually agreed 
upon by Consultant and City. If there is no mutual agreement on payment, the final 
determination will be made in accordance with the "Disputes" provision in this Agreement. 
However, in no event may the fee exceed the fee set forth in Section Ill of this Agreement 
nor as amended in accordance with Section "Alteration in Character of Work." City will make 
the final payment within 60 days after Consultant has delivered the last of the partially 
completed items and the Parties agree on the final fee. If City is found to have improperly 
terminated the Agreement for cause or default, the termination will be converted to a 
termination for convenience in accordance with the provisions of this Agreement. 
 
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must 
indemnify, save and hold harmless City and its officers, officials, agents and employees 
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses 
(including court costs, attorneys' fees and costs of claim processing, investigation and 
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful, 
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers, 
directors, agents, employees, or subconsultants in connection with this Agreement. This 
indemnity includes any claim or amount arising out of or recovered under workers' 
compensation law or on account of the failure of Consultant to conform to any federal, 
state or local law, statute, ordinance, rule, regulation or court decree. Consultant must 
indemnify lndemnitee from and against any and all Claims, except those arising solely from 
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for 
primary loss investigation, defense and judgment costs where this indemnification applies. 
In consideration of the award of this Agreement, Consultant agrees to waive all rights of

City of Chandler Professional Services Agreement  
 Page 5  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
subrogation against lndemnitee for losses arising from or related to this Agreement. The 
obligations of Consultant under this provision survive the termination or expiration of this 
Agreement. 
 
5.6 Insurance Requirements. Consultant must procure insurance under the terms and 
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may 
arise from or relate to performance of the work under this Agreement by Consultant and its 
agents, representatives, employees, and subconsultants. Consultant and any subconsultant 
must maintain this insurance until all of their obligations have been discharged, including 
any warranty periods under this Agreement. These insurance requirements are minimum 
requirements for this Agreement and in no way limit the indemnity covenants contained in 
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are 
sufficient to protect Consultant from liabilities that might arise out of the performance of 
the work under this Agreement by Consultant, Consultant’s agents, representatives, 
employees, or subconsultants. Consultant is free to purchase such additional insurance as 
may be determined necessary. 
 
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other 
duly executed documents as may be reasonably requested by City to implement the intent 
of this Agreement. 
 
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors, 
assigns, and legal representatives to the other party to this Agreement and to the partners, 
successors, assigns, and legal representatives of such other party in respect to all covenants 
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in 
this Agreement without the written consent of the other party. In no event may any 
contractual relation be created between any third party and City. 
 
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties 
required not disposed of by agreement between Consultant and City, the final 
determination at the administrative level will be made by City Engineer. 
 
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for 
the completeness and accuracy of Consultant’s services, data, and other work prepared or 
compiled under Consultant’s obligation under this Agreement and must correct, at 
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be 
discovered.  Correction of errors disclosed and determined to exist during any construction of 
the project on architectural or engineering drawings and specifications must be accomplished by 
Consultant.  The cost of the design necessary to correct those errors attributable to Consultant 
and any damage incurred by City as a result of additional construction costs caused by such 
engineering or architectural errors will be chargeable to Consultant and will not be considered a 
cost of the Work.  The fact that City has accepted or approved Consultant’s work will in no 
way relieve Consultant of any of Consultant’s responsibilities. 
 
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by 
Consultant in the format prescribed by City.  These reports will be delivered to City per schedule.  
When requested by City, Consultant will attend Council meetings and provide finished

City of Chandler Professional Services Agreement  
 Page 6  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
documents including correspondence for Council action, supporting charts, graphs, drawings 
and colored slides of same. 
 
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s 
payments up to the amount equal to the claims City may have against Consultant until such 
time that a settlement on those claims has been reached. 
 
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to 
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.). 
 
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent 
contractor. Any provisions in this Agreement that may appear to give City the right to direct 
Consultant as to the details of accomplishing the work or to exercise a measure of control 
over the work means that Consultant must follow the wishes of City as to the results of the 
work only. These results must comply with all applicable laws and ordinances. 
 
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must 
submit to City detailed resumes of key personnel that will be involved in performing 
services prescribed in the Agreement. City hereby acknowledges its acceptance of such 
personnel to perform services under this Agreement. At any time hereafter that Consultant 
desires to change key personnel while performing under the Agreement, Consultant must 
submit the qualifications of the new personnel to City for prior approval. Key personnel 
include, but are not limited to, principals-in-charge, project manager, and project 
Consultant. Consultant will maintain an adequate and competent staff of qualified persons, 
as may be determined by City, throughout the performance of this Agreement to ensure 
acceptable and timely completion of the Scope of Services. If City objects, with reasonable 
cause, to any of Consultant’s staff, Consultant must take prompt corrective action 
acceptable to City and, if required, remove such personnel from the Project and replace 
with new personnel agreed to by City. 
 
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish 
City for approval the names of consultants or subconsultants to be used under this 
Agreement. Any subsequent changes are subject to City’s written prior approval. 
 
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act 
required under this Agreement by reason of acts of God or other cause beyond the control 
and without fault of the Party (financial inability excepted), performance of that act may be 
excused, but only for the period of the delay, if the Party provides written notice to the 
other Party within ten days of such act. The time for performance of the act may be 
extended for a period equivalent to the period of delay from the date written notice is 
received by the other Party. 
 
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the 
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act 
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with 
these laws in performing this Agreement and to permit City to verify such compliance.

City of Chandler Professional Services Agreement  
 Page 7  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant 
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in 
a boycott of Israel as defined by state statute. 
 
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding a contract to 
any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A). 
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their 
compliance with all federal immigration laws and regulations that relate to their employees 
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed 
a material breach of the Agreement and may be subject to penalties up to and including 
termination of the Agreement. City retains the legal right to inspect the papers of any 
Consultant’s or subconsultant’s employee who provides services under this Agreement to 
ensure that Consultant and subconsultants comply with the warranty under this provision. 
 
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding a 
contract to any natural person who cannot establish that such person is lawfully present in 
the United States. To establish lawful presence, a person must produce qualifying 
identification and sign a City-provided affidavit affirming that the identification provided is 
genuine. This requirement will be imposed at the time of contract award. This requirement 
does not apply to business organizations such as corporations, partnerships, or limited 
liability companies. 
 
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been 
employed or retained to solicit or secure this Agreement upon an agreement or 
understanding for a commission, percentage, brokerage, or contingent fee, and that no 
member of the Chandler City Council, or any City employee has any interest, financially, or 
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this 
Agreement without liability or, at its discretion, to deduct from the Agreement price or 
consideration, the full amount of such commission, percentage, brokerage, or contingent 
fee. 
 
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of 
this Agreement or to require performance of the other Party of any of the provisions hereof 
must not be construed to be a waiver of such provisions, nor must it affect the validity of 
this Agreement or any part thereof, or the right of either Party to thereafter enforce each 
and every provision. 
 
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential 
conflicts of interest, Consultant must provide written notice to City, as set forth in this 
Section, of any work or services performed by Consultant for third parties that may involve 
or be associated with any real property or personal property owned or leased by City. Such 
notice must be given 7 business days prior to commencement of the services by Consultant 
for a third party, or 7 business days prior to an adverse action as defined below. Written 
notice and disclosure must be sent in accordance with Section 6.7 above.  An adverse action 
under this Agreement includes, but is not limited to: (a) using data as defined in the 
Agreement acquired in connection with this Agreement to assist a third party in pursuing 
administrative or judicial action against City; or (b) testifying or providing evidence on behalf

City of Chandler Professional Services Agreement  
 Page 8  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
of any person in connection with an administrative or judicial action against City; or (c) using 
data to produce income for Consultant or its employees independently of performing the 
services under this Agreement, without the prior written consent of City. Consultant 
represents that except for those persons, entities, and projects identified to City, the 
services performed by Consultant under this Agreement are not expected to create an 
interest with any person, entity, or third party project that is or may be adverse to City’s 
interests. Consultant’s failure to provide a written notice and disclosure of the information 
as set forth in this Section constitute a material breach of this Agreement. 
 
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all 
information, 
whether 
written 
or 
verbal, 
including 
plans, 
photographs, 
studies, 
investigations, audits, analyses, samples, reports, calculations, internal memos, meeting 
minutes, data field notes, work product, proposals, correspondence and any other similar 
documents or information prepared by, obtained by, or transmitted to Consultant or its 
subconsultants in the performance of this Agreement. The Parties agree that all data, 
regardless of form, including originals, images, and reproductions, prepared by, obtained 
by, or transmitted to Consultant or its subconsultants in connection with Consultant’s or its 
subconsultant’s performance of this Agreement is confidential and proprietary information 
belonging to City. Except as specifically provided in this Agreement, Consultant or its 
subconsultants must not divulge data to any third party without City’s prior written consent. 
Consultant or its subconsultants must not use the data for any purposes except to perform 
the services required under this Agreement. These prohibitions do not apply to the 
following data provided to Consultant or its subconsultants have first given the required 
notice to City: (a) data which was known to Consultant or its subconsultants prior to its 
performance under this Consultant or its subconsultants by a third party, who to the best of 
Consultant’s or its subconsultants’ knowledge and belief, had the legal right to make such 
disclosure and Consultant or its subconsultants are not otherwise required to hold such 
data in confidence; or (c) data which is required to be disclosed by virtue of law, regulation, 
or court order, to which Consultant or its subconsultants are subject. In the event 
Consultant or its subconsultants are required or requested to disclose data to a third party, 
or any other information to which Consultant or its subconsultants became privy as a result 
of any other contract with City, Consultant must first notify City as set forth in this Section of 
the request or demand for the data. Consultant or its subconsultants must give City 
sufficient facts so that City can be given an opportunity to first give its consent or take such 
action that City may deem appropriate to protect such data or other information from 
disclosure. All data must continue to be subject to the confidentiality agreements of this 
Agreement. Consultant or its subconsultants assume all liability to maintain the 
confidentiality of the data in its possession and agrees to compensate City if any of the 
provisions of this Section are violated by Consultant, its employees, agents or 
subconsultants. Solely for the purposes of seeking injunctive relief, it is agreed that a breach 
of this Section must be deemed to cause irreparable harm that justifies injunctive relief in 
court. Consultant agrees that the requirements of this Section must be incorporated into all 
subagreements entered into by Consultant. A violation of this Section may result in 
immediate termination of this Agreement without notice. 
 
5.26 Personal Identifying Information-Data Security. Personal identifying information, 
financial account information, or restricted City information, whether electronic format or

City of Chandler Professional Services Agreement  
 Page 9  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
hard copy, must be secured and protected at all times by Consultant or its subconsultants. 
At a minimum, Consultant or its subconsultants must encrypt or password-protect 
electronic files. This includes data saved to laptop computers, computerized devices, or 
removable storage devices. When personal identifying information, financial account 
information, or restricted City information, regardless of its format, is no longer necessary, 
the information must be redacted or destroyed through appropriate and secure methods 
that ensure the information cannot be viewed, accessed, or reconstructed. In the event that 
data collected or obtained by Consultant or its subconsultants in connection with this 
Agreement is believed to have been compromised, Consultant or its subconsultants must 
immediately notify City contact. Consultant agrees to reimburse City for any costs incurred 
by City to investigate potential breaches of this data and, where applicable, the cost of 
notifying individuals who may be impacted by the breach. Consultant agrees that the 
requirements of this Section must be incorporated into all subcontracts entered into by 
Consultant. It is further agreed that a violation of this Section must be deemed to cause 
irreparable harm that justifies injunctive relief in court. A violation of this Section may result 
in immediate termination of this Agreement without notice. The obligations of Consultant 
or its subconsultants under this Section must survive the termination of this Agreement. 
 
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in 
accordance with and governed by the laws of the State of Arizona without regard to the 
conflicts or choice of law provisions thereof. Any action to enforce any provision of this 
Agreement or to obtain any remedy with respect hereto must be brought in the courts 
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and 
irrevocably consents to the jurisdiction and venue of such court. 
 
5.28 Survival. All warranties, representations, and indemnifications by Consultant must 
survive the completion or termination of this Agreement. 
 
5.29 Modification. Except as expressly provided herein to the contrary, no supplement, 
modification, or amendment of any term of this Agreement will be deemed binding or 
effective unless in writing and signed by the Parties.  
 
5.30 Severability. If any provision of this Agreement or the application to any person or 
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this 
Agreement and the application will not be affected and will be enforceable to the fullest 
extent permitted by law. 
 
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or 
contemporaneous written or oral agreement between the Parties regarding the subject 
matter is merged and superseded. 
 
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this 
Agreement is hereby expressly made of the essence. 
 
5.33 Date of Performance. If the date of performance of any obligation or the last day of any 
time period provided for should fall on a Saturday, Sunday, or holiday for City, the 
obligation will be due and owing, and the time period will expire, on the first day after which

City of Chandler Professional Services Agreement  
 Page 10  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
is not a Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this 
Agreement, any performance provided for herein will be timely made if completed no later 
than 5:00 p.m. (Chandler time) on the day of performance. 
 
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any 
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties 
and responsibilities undertaken pursuant to this Agreement will be for the sole and 
exclusive benefit of City and Consultant and not for the benefit of any other party. 
 
5.35 Conflict in Language. All work performed must conform to all applicable City of 
Chandler codes, ordinances, and requirements as outlined in this Agreement. If there is a 
conflict in interpretation between provisions in this Agreement and those in Exhibit "A", the 
provisions in this Agreement prevail. 
 
5.36 Document/Information Release. Documents and materials released to Consultant, 
which are identified by City as sensitive and confidential, are City’s property. The 
document/material must be issued by and returned to City upon completion of the services 
under this Agreement. Consultant secondary distribution, disclosure, copying, or 
duplication in any manner is prohibited without City’s prior written approval. The 
document/material must be kept secure at all times. This directive applies to all City 
documents, whether in photographic, printed, or electronic data format.  
 
5.37 Exhibits. The following exhibits are made a part of this Agreement and are 
incorporated by reference: 
 
  
 
 
Exhibit A - Scope of Services / Schedule 
Exhibit B - Compensation and Fees 
Exhibit C - Insurance Requirements 
Exhibit D - Special Conditions 
Exhibit E – Federal Requirements (if applicable)  
 
5.38 Special Conditions. As part of the services Consultant provides under this Agreement, 
Consultant agrees to comply with and fully perform the special terms and conditions set 
forth in Exhibit “D”, which is attached to and made a part of this Agreement. 
 
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all 
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and 
regulations. 
 
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this 
Agreement, Consultant must maintain all applicable City, state, and federal licenses and 
permits required to fully perform Consultant’s services under this Agreement. 
 
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services 
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant, 
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or

City of Chandler Professional Services Agreement  
 Page 11  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
 Rev. 3/2/2021 
 
 
materials that do not comply with this Agreement must be corrected by Consultant 
(including, but not limited to, all parts and labor) at Consultant’s sole cost and expense. All 
written warranties and redlines for as-built conditions must be delivered to City on or 
before City’s final acceptance of Consultant’s services under this Agreement.  
 
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume 
Expenditures).  In addition to City of Chandler and with the approval of Consultant, this 
Agreement may be extended for use by other municipalities, school districts, and 
government agencies of the State.  Any such usage by other entities must be in accordance 
with the ordinance, charter, or procurement rules and regulations of the respective political 
entity.   
 
5.43 Budget Approval into Next Fiscal Year.  This Agreement will commence on the Effective 
Date and continue in full force and effect until it is terminated or expires in accordance with 
the provisions of this Agreement.  The Parties recognize that the continuation of this 
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is 
subject to the City Council's approval of a budget that includes an appropriation for this 
item as an expenditure.  The City does not represent that this budget item will be actually 
adopted. This determination is solely made by the City Council. 
 
 
 
 
 
 
 
 
 
 
 
 
SIGNATURE PAGE TO FOLLOW

This Agreement will be in full force and effect only when it has been approved and executed 
by the duly authorized City officials. 
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. 
"CITY" 
CITY OF CHANDLER 
Recommended By: 
Andrew Goh, P.E. 
CIP City Engineer 
MAYOR 
APPROVED AS TO FORM: 
City Attorney 
ATTEST: 
City Clerk 
"CONSULTANT" 
Wilson Engineers, LLC 
Signature 
Print Name 
Title 
I 
City of Chandler Professional Services Agreement 
Public Works & Utilities Department, Capital Projects Division 
Seal 
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
Rev. 3/2/2021 
Page 12

City of Chandler Professional Services Agreement – Exhibit “A” 
Page A-1  
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM  
Project No.: WA1903.451 and  WA1908.451 
Rev. 3/2/2021 
 
 
EXHIBIT “A” 
SCOPE OF SERVICES/SCHEDULE

EXHIBIT A 
SCOPE OF WORK 
CONSTRUCTION MANAGEMENT SERVICES 
 
Project Description 
 
The project includes the rehabilitation of the Chandler Arrowhead Water Production Facility, an 
associated 16-inch diameter waterline that runs east along Carla Vista Drive and then south along 
Arrowhead Drive, and a surge tank addition at the Pecos WTP. 
 
The Arrowhead Pump Water Production Facility rehabilitation includes removal and replacement of the 
existing vertical turbine pumps, the existing pump suction line, and associated pump cans, potential 
addition of a concrete vault deck or new vault grating, replacement of the pump discharge header, 
addition of a new electrical room, replacement of the existing MCC, addition of a new PLC and 
associated instrumentation conduits/cables, installation of new Variable Frequency Drives, installation 
of a new bathroom, removal and replacement of the existing generator, modifications to the existing 
roof structure with the addition of access hatches, replacement of the HVAC unit, new electrical 
conduits, and general building improvements. 
 
The replacement of an existing 12-inch/16-inch diameter asbestos cement waterline is also part of this 
project.  The Work includes the demolition and removal of approximately 2,100 linear feet of an 
existing asbestos cement pipe and the installation of new 16-inch diameter PVC pipe in the same 
alignment.  A portion of the waterline will be in the Arrowhead Drive right-of-way alignment, and a 
portion will be in the Arrowhead Public Park. 
 
The Pecos WTP work within this project includes the installation of a new surge tank along with 
associated components which include its concrete pad, control system and interface with SCADA.  
There are also check valves which require replacement. 
 
For this project Wilson Engineers will be conducting the Construction Management Services for the 
Arrowhead Water Production Facility Modification, associated 16-inch diameter waterline, and 
overseeing the construction of the Pecos WTP Surge Tank.   
 
Project Tasks 
 
The Consultant will provide following Construction Management services which includes following tasks:   
 
 
Task 1- PRE-CONSTRUCTION ASSISTANCE  
A. Task 1.1 Preconstruction Assistance  
i. Consultant will attend a pre-construction conference.  At the conference, the 
Consultant will identify the services to be provided by Consultant and discuss 
coordination procedures.  Consultant will prepare an agenda for this meeting and 
will prepare and distribute the meeting minutes.  
ii. Consultant must attend one coordination meeting with the Public Outreach 
Consultant to review improvements and properties requiring specific outreach 
efforts.

2. 
CONSTRUCTION MANAGEMENT  
A. Task 2.1 Weekly Construction Meetings 
i. Wilson will conduct weekly construction meetings.  Each meeting includes 
agenda and minutes; Request for Information (RFI); Shop Drawing; Request for 
Information (RFI); Field Directive (FD); Material Certification; and Allowance 
Logs. Consultant assumes 52 weekly meetings will be held. 
B. Task 2.2 CPM Schedule 
i. Consultant’s opinions concerning various scheduling documents produced or 
used by the Contractor are for information and not controlling on the Contractor.  
It is Contractor’s responsibility to continue to exercise it independent judgement 
concerning means, methods and sequences of construction it employs.  The 
Contractor remains solely responsible for meeting contract time(s) identified in 
the construction documents. 
ii. Review Progress Schedule: Consultant will review and critique the Contractor’s 
progress schedule in accordance with the construction documents, Consultant 
will examine work sequence, durations, interim milestones, and other 
appropriate scheduling features in accordance the requirements of the 
construction documents.  Consultant will prepare a summary of the baseline 
schedule review comments and will meet and discuss the schedule comments 
with the Contractor and the City.  Consultant will provide recommendations for 
acceptance. 
iii. Review Progress schedule updates:  Consultant will review the Contractor's 
progress schedule updates to the construction schedule in accordance with the 
construction documents. Consultant will perform a review of progress 
accomplished during the period and compare to planned schedule and discuss 
significant discrepancies with the Contractor. Consultant and Contractor will 
establish, based on the data, the percent of Project completion. Consultant will 
meet with Contractor on monthly basis to review and update the schedule data. 
Based upon the schedule update, Consultant will recommend processing 
progress payments. Consultant assumes twelve (12) reviews of updated CPM 
schedule. 
C. Task 2.3 Requests for Information (RFI’s) 
i. Consultant will receive, distribute and return all Contractor Requests for 
Information (RFI’s); and prepare and maintain a submittal log of all RFI’s. 
Consultant will also coordinate with sub consultants for the Arrowhead Water 
Production facility and other consultants (Black & Veatch for all associated RFI’s 
related to the Pecos WTP Surge Tank addition, under a separate contract with 
the City). Consultant assumes a maximum of fifty (50) RFI responses.  
D. Task 2.4 Shop Drawing Submittals 
i. Consultant will receive, and distribute (or take other appropriate action in respect 
of) shop drawings, samples, test results, and other data which Contractor is 
required to submit. Consultant will maintain a submittal log showing dates of 
submittal, transmittal action to other sub-consultants, dates of return, and 
review action. Copies of the log shall be furnished to the City and the Contractor 
weekly.  
ii. Consultant will coordinate with sub consultants for the Arrowhead Water 
Production facility, and other consultants (Black & Veatch for all associated shop 
drawings related to the Pecos WTP Surge Tank addition, under a separate 
contract with the City). Consultant assumes a maximum of a one hundred (100) 
submittals, with 50% requiring re-submittal and a second review, for a total of 
150 submittals.  
E. Task 2.5 Requests for Proposal (RFP)  
i. Consultant will prepare Requests for Proposal (RFP) documents detailing 
requested additional work tasks; review and evaluate Contractor RFP responses

(cost deviations) with approval recommendations; and prepare and maintain a 
submittal log list of all RFP’s. Consultant assumes preparation of ten (10) RFPs.   
F.  Task 2.6 Field Directives (FD’s) 
i. Consultant, without the City’s prior approval, may authorize or direct minor 
changes in the Work which are consistent with the intent of the construction 
contract documents and which do not involve a change in Project cost, time for 
construction, Project scope, aesthetics, or approved design elements. Any such 
minor changes shall be implemented by written field order. Except as provided in 
this paragraph, Consultant shall not have authority to direct or authorize changes 
in the Work without the City’s prior written approval; however, Consultant shall 
provide a copy of any written field order to the City. 
ii. Consultant will prepare and submit change order requests explaining the merits 
for the change and a recommendation for the City’s approval and acceptance. 
iii. Consultant will negotiate an agreement with the Contractor as to scope of work 
and cost, time or both associated with the change in Work. The change order 
shall include a written justification for the cost of the Work. Consultant will 
administer and manage minor changes, change order requests, and change 
orders on behalf of the City. Change orders shall be prepared on a standard form 
provided by the City.  Should a change order request be  accepted by the City in 
the  absence  of  an agreement  with the Contractor as to cost, time, or both, 
Consultant will: 
A)   receive and  maintain all  documentation pertaining  to  the  change  order  
request  required of  the Contractor; 
B)  examine such documentation on the City’s behalf; 
C)  take such other action as may be reasonably necessary or as the City may 
request; and 
D)  make a recommendation to the City concerning any appropriate adjustment 
in the construction cost and/or time, and prepare a change order for Contractor's 
acceptance and City approval. 
iv. Changes and substitutions shall be limited to the scope of the Project as defined 
by the construction documents or additional work as may be requested by the 
City. Consultant will promptly consult with and advise the City concerning, and 
shall administer and manage, all change order requests and change orders. 
v. Consultant will prepare, when requested by the City, required drawings, 
specifications and other supporting data regarding minor changes, change order 
requests, and change orders. Consultant must prepare Field Directive (FD) 
documents detailing requested additional work tasks; review and evaluate 
Contractor FD responses with approval recommendations; and prepare and 
maintain a submittal log list of all FD’s. Consultant assumes ten (10) FD’s.   
G. Task 2.7 Contractor Payment Applications 
i. Consultant will review, prepare comments, and reach agreement with the 
Contractor on the progress represented in the Contractor's schedule of values. 
The monthly schedule update, schedule of values, in combination with 
Consultant’s field inspections, and the progress schedule shall be used by 
Consultant to determine the appropriateness of the Contractor's request for 
payment. 
ii. Consultant, as an experienced and qualified professional, and on review of 
applications for payment and the accompanying data and schedules, determine 
the amounts owed to Contractor and recommend in writing, payments to  
Contractor in such amounts; such recommendations of payment will constitute  a 
representation to City, based on such inspections and review, that; 
A)  the work has progressed to the point indicated; 
B)  to the best of Consultant's knowledge, information and belief, the quality of 
such work is in accordance with the construction documents (subject to an

evaluation of such work as a functioning Project  upon  Substantial Completion, 
to  the  results  of  any  subsequent  tests  called  for  in  the construction 
documents, and to any qualifications stated in the recommendation); and 
C)  payment of the amount recommended is due and owed to the Contractor. 
iii. For unit price work, Consultant’s recommendations for payment will be a 
determination of completed quantities of such work. 
iv. Consultant assumes a maximum of fourteen (14) payment applications, with 2 
reviews each. 
H. Task 2.8 Public Outreach 
i. Consultant shall retain a public outreach firm (MakPro Services) to assist the City 
during the construction work.  Tasks will include: create and maintain project 
website; maintain a 24-hour bilingual project hotline to respond to inquiries, 
complaints and maintain a call log; public weekly email updates; public 
interactions with property owners as a liaison between property owners and the 
City; coordination meetings; project meetings; public meeting coordination; 
federal funds required partnering process (project team partnering meeting, 
maintaining status). 
 
3. 
CONSTRUCTION INSPECTION 
A. Task 3.1 Inspection Services 
i. The Resident Project Representative (RPR) will maintain a presence at the 
Project site with sufficient frequency to be knowledgeable about the progress 
and quality of the work to: 
A)  Conduct on-site inspections of the work in progress to assist Consultant in 
determining if the work is proceeding in accordance with the construction 
documents and that completed work conforms to the construction documents. 
 B)  Report to Consultant whenever it is believed that any work is unsatisfactory, 
faulty, or defective, or does not conform to the construction documents, or does 
not meet the requirements of inspections, tests or approval required to be made, 
or has been damaged prior to final payment; and advise Consultant when it is 
believed work should be corrected or rejected or should be uncovered for 
inspection, or requires special testing, inspection or approval. 
C)  Verify that tests, equipment, and systems start-up and operating and 
maintenance instructions are conducted as required by the construction 
documents and in presence of the required personnel, and that Contractor 
maintains adequate records thereof; inspect, record and report to Consultant 
appropriate details relative to the test procedures and start-ups. Accompany 
visiting inspectors representing public or other agencies having jurisdiction over 
the Project, record the outcome of these inspections, and report to Consultant. 
ii. The RPR will prepare daily inspection reports documenting Contractor 
construction activities and progress during field inspection visits; and perform 
intermittent erosion control inspections. Consultant assumes one inspector full 
time 40 hours per week for 12 months.  
B. Task 3.2 Project Closeout    
i. Following notice from the Contractor, The Consultant will conduct an inspection 
to determine if the Project or the work associated with interim milestones is 
substantially complete in accordance with the construction documents.  If the 
Consultant considers the work substantially complete, the Consultant will deliver 
to the City and the Contractor the Certificate of Substantial Completion and the 
punch list, the date for completion of the punch list, and recommend the division 
of responsibilities between the City and the Contractor.  If the work is not 
substantially complete, the process shall be repeated until the work is 
substantially complete.

ii. The Consultant will, upon completion of the punch list items as notified by the 
Contractor, make final inspection to determine if the finished work has been 
completed to the standard required by the construction documents, determine 
whether required inspections and approvals for permit compliance have been 
satisfactorily completed, and Contractor has fulfilled the obligations so that 
Consultant may recommend, in writing, final payment to Contractor and may 
give written notice to City and the Contractor that the work is acceptable, subject 
to any conditions therein expressed and in consultation with the City whether the 
work is finally complete.  At or prior to the final inspection, the Consultant will 
request the Contractor prepare and furnish; 
1) certification that all obligations for payment for labor, materials or equipment 
related to the work have been paid or otherwise satisfied; 
2) certification that all insurance and bonds required of the Contractor beyond 
final payment is in effect and will not be canceled or allowed to expire without 
notice to the City; 
3) the written consent of surety for final payment; 
4) record document information is complete and submitted; 
5) all keys, manuals, required spare parts, guaranties and warranties, and other 
documents necessary for close-out of the work; and 
6) verification of permit close-out including the Certification of Occupancy. 
If the work is not finally complete, the process shall be repeated until the work is 
finally complete. Promptly after the work is determined to be finally complete 
and the Consultant determines that the Contractor has properly submitted the 
items required for final inspection, the Consultant will determine whether the 
Contractor is entitled to final payment and, if so, will so certify to the City. 
iii. The Consultant certification that the Contractor is entitled to final payment 
constitutes the Consultant representation to the City that; 
1) the work complies with (a) the construction contract documents, (b) 
applicable building codes, rules or regulations of all governmental authorities 
having jurisdiction over the Project, and (c) applicable installation and 
workmanship standards; 
2) the Contractor has submitted proper Final Completion close-out documents; 
and 
3) the Contractor is entitled to final payment. 
The Consultant will provide to the City, at the time it submits a signed final 
payment request from the Contractor, all Final Completion close-out documents. 
iv. Consultant will not be responsible for the acts or omissions of any Contractor, or 
subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or 
employees or any other persons (except Consultant’s own employees and 
agents) at the site(s) or otherwise performing any of the Contractor(s)' work;  
 
4. 
UTILITY COORDINATION  
A. Task 4.1 Utility Coordination  
i. Consultant must complete Acceptance of Construction (AOC) application and all 
other necessary documents to obtain MCESD AOC approval.   
 
5. 
MATERIALS TESTING 
A. Task 5.1 Quality Control (QC) Test Program 
i. Consultant must review and verify Contractor’s Quality Control material test type 
and frequencies are consistent with City and MAG; review and evaluate

Contractor’s QC test schedule and provide recommendations on acceptance; and 
review and evaluate all Contractor sampling, test, and inspection results for 
conformance with construction documents.  
ii. The Consultant will provide material testing service for tests as required to be 
performed by the City in the construction contract documents. The Consultant 
will provide the services of a professional construction materials inspection and 
testing laboratory that meets ASTM E 329 requirements. Inspection and testing 
shall be coordinated with the construction schedule. Testing and inspection 
services shall include placement inspection and testing of compacted select fill 
and backfill, ordinary backfill, paving base, pavement subgrade, and subgrade 
courses; asphaltic concrete pavement inspection and field density tests and 
concrete testing and inspection. Samples for testing shall be collected from the 
construction site and delivered to the laboratory. The laboratory shall provide a 
construction materials technician (technicians) to perform the field construction 
materials inspection and field testing services herein outlined. 
iii. Consultant will review laboratory reports and reports of inspection and testing 
activities describing the tests and inspections made and maintain files of this 
documentation to be turned over to the City. The laboratory shall itemize any 
changes in specifications or acceptance criteria authorized by the Consultant and 
report the actual condition of all items tested and inspected. The laboratory shall 
report directly to the Consultant’s Resident Project Representative and shall 
receive direction with respect to work activities, duties, duration, reporting 
procedures, etc., from the Consultant’s Resident Project Representative. 
iv. The Consultant’s laboratory (and its technician(s)) will inspect and test for the 
following: 
1) Soils Testing:  Select backfill, backfill and subgrade materials under and 
around structures, paved areas, pipe trenches, and duct bank/conduit, etc., for 
compaction to the appropriate percentage of the moisture-density specified for 
each material. Selection of areas to be tested shall be made by the Consultant. 
Placement of select backfill shall be periodically monitored by the technician for 
compliance with project materials quality specifications. Field moisture-density 
tests shall be conducted by the technician at the frequency directed by the 
Consultant. In-place density tests and sampling shall be conducted by the 
Technician on the compacted asphalt pavement at the frequency designated by 
the Consultant. Moisture-density relationships shall be determined in accordance 
with the moisture-density specifications specified for this Project, utilizing the 
appropriate method for each material type. Optimum moisture and maximum 
density remolded swell and plasticity index testing as required for each sample 
submitted. Soil sieve analyses shall be conducted prior to placement of select 
backfill, and embedment and all granular fill materials. 
2) Concrete Placements:  The laboratory's technician shall monitor the concrete 
materials, as delivered to the Project site, for compliance with the requirements 
of the Construction Contract Documents. These requirements include 
temperature, slump, air content, time of delivery and composition as delivered. 
The technician shall report any deviations from the Construction Document 
requirements to the Consultant’s Resident Project Representative. Consultant’s 
Representative will determine the acceptability of the products. The technician 
shall prepare and deliver (to the laboratory for testing) the concrete test 
cylinders in accordance with the Construction Contract Documents and 
appropriate American Concrete Institute (ACI) Standards. 
 
Deliver to the laboratory, from the construction site, the concrete test cylinders 
prepared by the Technician. Provide test cylinder control system in accordance 
with the Laboratory's standard control procedure. 
3) Testing of Hot Mix Asphaltic Concrete:  Bitumen extraction, aggregate 
gradation, bitumen content, laboratory density and stability test shall be 
performed for paving operations.

4) Additional Testing:  Additional testing services that may be required 
throughout the life of the construction period will be provided at the Consultant’s 
request. Fees for these services will be invoiced through the Consultant to the 
City at the laboratory's standard unit rates in effect at the time these services are 
provided. 
 
B. Task 5.2 Quality Assurance (QA) Test Program 
i. Consultant must prepare and maintain a materials Quality Assurance plan per 
City and MAG. 
ii. Consultant must coordinate with Contractor’s testing representative to obtain 
required QA tests and sample; complete sampling and compaction testing of 
subgrade (including lime-stabilized subgrade base), aggregate base and asphalt 
concrete materials in new asphalt concrete pavement areas; complete sampling 
and compaction testing of subgrade, aggregate base (where required) and 
concrete for new curbs, gutters, sidewalks and concrete pavement and 
structures; and complete sampling and compaction testing of backfill for new 
irrigation, sewer, water, storm drain pipe, and dry utilities. 
iii. Written reports of all testing results which identify the required data and identify 
conformance or non-conformance with the Construction Contract Document will 
be maintained by the Consultant and provided to the City at the completion of 
the Project.  The Consultant will take appropriate action on all such testing and 
inspection reports, including acceptance, rejection, requiring additional testing or 
corrective work, or such other action the Consultant deems appropriate.  The 
Consultant will promptly reject Work which does not conform to and comply with 
testing requirements. 
 
6. 
RECORD DRAWINGS 
A. Task 6.1 Record Drawings (Not Included with this Scope, Included with Post Design 
Services)  
 
7. 
ALLOWANCES 
A. Task 7.1 Start-up Assistance and MOPOs 
i. The start-up process will include a planned, systematic approach to verify that 
facility systems operate as intended and there is an orderly transition from 
construction phase to routine operation.  The start-up assistance will include four 
phases with estimated durations as follows: 
ii. Start-up Plan:  Consultant will review a start-up plan and procedures prepared by 
the Contractor with the City staff.  The start-up plan will include identification of 
key milestone activities necessary for orderly start-up of the facilities.  The 
milestone activities will include completion of any construction activities required 
for substantial completion, coordination of required Contractor maintenance 
activities, etc.   
iii. The Consultant will assist the Contractor with the start-up and testing of new 
facilities.  Following a sequentially coordinated initial start-up of the facility, the 
facility would be operated continuously. The Consultant will verify that, all 
mechanical equipment, associated hydraulic control devices, and conveyance 
components operate properly under actual operating conditions.  This includes 
the verification that all hardwired electrical control interlocks and safeguards are 
functioning properly. 
iv. The Consultant will maintain documentation of the areas of operational concern 
encountered during the manual start-up phase with a determination of whether 
the item of concern is a Contractor warranty issue or requires a design 
modification.  The Consultant will monitor the documented concerns and 
promptly notify the Contractor of all warranty issues.

v. Design modifications will be promptly evaluated by the Consultant and 
recommendations shall be presented to the City for a determination of the 
necessity for implementation. The Consultant will complete the necessary check 
out of the instrumentation system components and initial loading of the control 
software simultaneously computer operation mode can be verified for each 
process 
vi. There will be shutdowns associated with the new work that needs to be 
conducted within the vicinity of existing equipment etc.  Coordination is required 
with the Contractor to keep shutdowns to a minimum. The Consultant shall 
review the Contractors proposals for any temporary conveyance facilities.  For 
work within the areas of shutdowns, the Consultant shall review list of labor 
materials, estimation of time, and equipment necessary and written description 
of the work. 
 
B. Task 7.2 Operations Manual 
 
i. The Consultant will update the existing content that is in the current facility 
Operations Manual.  The Consultant will update the current Operations Manual 
content to reflect modifications to existing facilities. 
ii. Additions and modifications to the facility Operations Manual will cover new, or 
any modified and upgraded pump station and auxiliary systems included in the 
Project.  New areas of the facility will be created as new sections of the Manual 
and will be completed in conjunction with the specific completion milestones of 
construction. 
iii. Prior to submitting the final version of the Operations Manual and transferring to 
the City, the Consultant will conduct a detailed final validation and field 
verification process.  Through this important quality control activity, the 
Consultant will verify that: 
1) Content has been field-verified and checked at the installation. 
2) Photographs are current and are reflective of well-maintained and clean 
conditions. 
3) Relevant documentation, such as scanned documents, figures and drawings 
are appropriately categorized for insertion into the database. 
4) Standard Operating Procedures are accurate and reflect actual “as-operated” 
conditions. 
C. Task 7.3 PLC Programming and Startup Services  
 
i. The Consultant will provide PLC Programming and Startup Services for the 
Arrowhead Water Production Facility (Jensen Systems).  The scope of services 
will include installation of a PLC test program and witness at Factory Acceptance 
Testing (FAT), conduct SCADA interface testing, participate in I/O field point-to-
point testing, configuration and set-up of Radio communication to the City 
SCADA system, and witness calibration checks and sign calibration reports. 
ii. The scope of services includes demonstration of the operation of the PLC 
program, providing PLC program documentation and training City staff. 
 
 
ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS 
 
The extent and limitations of the duties, responsibilities, and authority of Consultant as assigned herein 
shall not be modified, except as Consultant may otherwise agree in writing. City’s instructions to

Contractor(s) shall be issued through Consultant, who shall have authority to act on behalf of the City 
to the extent provided in this Scope of Services, except as otherwise provided in writing.  
 
Consultant shall not be responsible for the means, methods, techniques, sequences, or procedures of 
construction selected by Contractor, unless otherwise specified in the construction documents or the 
safety precautions and programs incident to the work of Contractor. Consultant efforts shall be directed 
toward providing a greater degree of confidence for the City that the completed work of Contractor 
shall conform to the Contract Documents, but Consultant shall not be responsible for the failure of 
Contractor to perform the work in accordance with the construction documents.  
 
The Consultant review shall only be for conformance with the design concept of the Project and 
compliance with the information given in the construction documents. Such review or other action shall 
not extend to means, methods, sequences, techniques, or procedures of construction selected by 
Contractor or to safety precautions and programs incident thereto. The Consultant shall receive and 
review (for general contents as required by the construction documents) maintenance and operating 
schedules and instructions, operation and maintenance manuals, guarantees, bonds, and certificates of 
inspection which are to be assembled by Contractor in accordance with the construction documents.  
 
Consultant shall not be responsible for the acts or omissions of the Contractor, or subcontractor, or any 
of the Contractor's or subcontractor's agents or employees, or any other persons (except Consultant 
own employees and agents) at the site or otherwise performing any of the Contractor's work; 
 
Limitations of Authority: Except upon written instructions, the Consultant:  
 
1. will not authorize any deviation from the Contract Documents or approve any substitute 
materials or equipment; 
2. will not undertake any of the responsibilities of Contractor, subcontractors or Contractor's 
superintendent, or expedite the work;  
3. will not advise on or issue directions relative to any aspect of the means, methods, 
techniques, sequences or procedures of construction unless such is specifically called for in 
the Construction Documents;  
4. will not advise on or issue directions as to safety precautions and programs in connection 
with the work; and  
5. will not authorize City to occupy the Project in whole or in part.  
 
Reimbursable costs allowance shall be utilized to reimburse for items such as reproduction, delivery, 
and mileage.

City of Chandler Professional Services Agreement – Exhibit “B” 
Page B-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and WA1908.451 
Rev. 3/2/2021 
 
 
EXHIBIT “B” 
COMPENSATION AND FEES

Task
Cost
1
1.1
2,130.00
$               
2,130.00
$               
2
2.1
69,920.00
$             
2.2
17,580.00
$             
2.3
6,970.00
$               
2.4
13,830.00
$             
2.5
8,200.00
$               
2.6
37,460.00
$             
2.7
17,800.00
$             
2.8
2,480.00
$               
174,240.00
$           
3
3.1
272,100.00
$           
3.2
-
$                       
3.3
23,510.00
$             
295,610.00
$           
4
4.1
2,710.00
$               
2,710.00
$               
5
5.1
4,990.00
$               
5.2
3,130.00
$               
8,120.00
$               
6
6.1
-
$                       
-
$                       
7
7.1
20,040.00
$             
7.2
14,740.00
$             
34,780.00
$             
10,768.00
$             
6,630.00
$               
23,850.00
$             
8,370.00
$               
15,000.00
$             
10,600.00
$             
75,218.00
$             
500.00
$                  
30,000.00
$             
30,500.00
$             
623,308.00
$    
RECORD DRAWINGS
SUBCONSULTANTS
ALLOWANCES
RFI Consultants
Direct Expense Allowance
Record Drawings
ALLOWANCES
Start-up and MOPO Services
Operations Manual
SUBTOTAL TASK 7:
Heerup Engineering
Jensen Systems
Owner's Allowance
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
SUBTOTAL TASK 6:
SUBTOTAL SUBCONSULTANTS:
K&I Architects
Materials Testing
Mak Pro Consulting
SUBTOTAL TASK 5:
QA Test Program
Utility Coordination 
QC Test Program
MATERIALS TESTING
Inspection Services
CONSTRUCTION INSPECTION
SUBTOTAL TASK 2:
SUBTOTAL TASK 3:
SUBTOTAL TASK 4:
Landscape/Irrigation Inspection Services (IF APPLICABLE)
Project Closeout
UTILITY COORDINATION
Description
Requests for Proposal (RFP)
CPM Schedule
Requests for Information (RFI)
Shop Drawing Submittals
Pre-Construction Assistance
Weekly Construction Meetings
PRE-CONSTRUCTION ASSISTANCE
CONSTRUCTION MANAGEMENT
SUBTOTAL TASK 1:
EXHIBIT "B"
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FEE SCHEDULE
ARROWHEAD WPF AND PECOS WTP
Public Outreach
Field Directive (FD)
Contractor Payment Applications

Principal
Sr. PM/Sr 
CM
Project 
Engineer
Electrical 
Engineer
Lead 
Inspector
Elec 
Inspector
Sr CADD 
Tech
Sr Admin
 $   205.00  $   195.00  $          145.00  $   145.00  $   135.00  $   135.00  $         100.00  $     85.00 
0
4
0
0
8
2
0
0
14
Preconstruction Assistance
0
4
0
0
8
2
0
0
14
0
168
124
40
484
124
40
372
1352
Weekly Construction Meetings and Minutes
0
80
0
0
304
48
0
80
512
Review CPM Schedule and Updates
0
32
0
0
56
28
0
0
116
Prepare and Maintain RFI Log
0
2
0
0
16
0
0
52
70
Prepare and Maintain Submittal Log
0
2
0
0
24
0
0
120
146
Maintain RFP Submittal Log
0
8
0
0
24
0
0
40
72
Prepare and Maintain Field Directives
0
16
116
40
8
24
40
40
284
Review Monthly Pay Apps and Recommend
0
24
0
0
48
24
0
40
136
Coord on Public Outreach and Attend Mtg
0
4
8
0
4
0
0
0
16
0
98
0
0
1520
508
0
32
2158
Inspection Services
0
80
0
0
1440
460
0
0
1980
Landscape Irrigation Services (if applicable)
0
0
0
0
0
0
0
0
0
Project Closeout
0
18
0
0
80
48
0
32
178
0
2
16
0
0
0
0
0
18
Preconstruction Assistance
0
2
16
0
0
0
0
0
18
0
8
8
0
40
0
0
0
56
QC Test Program
0
6
4
0
24
0
0
0
34
Prepare and Maintain Materials QA Plan
0
2
4
0
16
0
0
0
22
0
0
0
0
0
0
0
0
0
Record Drawings
0
0
0
0
0
0
0
0
0
0
20
140
32
20
24
0
0
236
Start up Assistance and MOPO
0
12
80
16
12
16
0
0
136
Operations Manual
0
8
60
16
8
8
0
0
100
0
300
288
72
2072
658
40
404
3834
 < HOURLY RATES 
EXHIBIT "B‐2"
Hours and Rates
< PROJECT ROLE
TASK DESCRIPTION
TOTAL HOURS            
                      PER 
1. Preconstruction Assistance
2. Construction Management
3. Construction Inspection
8. Other Direct Costs
9. Owner's Allowance
TOTAL HOURS:
4. Utility Coordination
5. Materials Testing
6. Record Drawings
7. Allowances

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and  WA1908.451 
Rev. 3/2/2021 
 
 
EXHIBIT “C” 
INSURANCE REQUIREMENTS 
 
1. 
General. 
 
1.1 At the same time as execution of this Agreement, Consultant must furnish City a certificate 
of insurance on a standard insurance industry ACORD form.  The ACORD form must be 
issued by an insurance company authorized to transact business in the State of Arizona 
possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do 
business in the State of Arizona with policies and forms satisfactory to City.  Provided, 
however, the A.M. Best rating requirement will not be deemed to apply to required 
Workers’ Compensation coverage.  
 
1.2 Consultant and any of its subconsultants must procure and maintain, until all of their 
obligations have been discharged, including any warranty periods under this Agreement 
are satisfied, the insurances set forth below. 
 
1.3 The insurance requirements set forth below are minimum requirements for this 
Agreement and in no way limit the indemnity covenants contained in this Agreement. 
 
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are 
sufficient to protect Consultant from liabilities that might arise out of the performance of 
the Agreement services under this Agreement by Consultant, its agents, representatives, 
employees, subconsultants, and Consultant is free to purchase any additional insurance as 
may be determined necessary. 
 
1.5 Failure to demand evidence of full compliance with the insurance requirements in this 
Agreement or failure to identify any insurance deficiency will not relieve Consultant from, 
nor will it be considered a waiver of its obligation to maintain the required insurance at all 
times during the performance of this Agreement. 
 
1.6 Use of subconsultants:  If any work is subcontracted in any way, Consultant must execute a 
written contract with subconsultant containing the same Indemnification Clause and 
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is 
responsible for executing the Agreement with the subconsultant and obtaining Certificates 
of Insurance and verifying the insurance requirements. 
 
2. 
Minimum Scope and Limits of Insurance.  Consultant must provide coverage with limits of 
liability not less than those stated below. 
 
2.1 Professional Liability.  If the Agreement is the subject of any professional services or work 
performed by Consultant, or if Consultant engages in any professional services or work 
adjunct or residual to performing the work under this Agreement, Consultant must 
maintain Professional Liability insurance covering errors and omissions arising out of the 
work or services performed by Consultant, or anyone employed by Consultant, or anyone 
whose acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit 
of $1,000,000 each claim and $2,000,000 all claims.  In the event the Professional Liability

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-2 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and  WA1908.451 
Rev. 3/2/2021 
 
 
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past 
completion and acceptance of the work or services, and Consultant, or its selected Design 
Professional will submit Certificates of Insurance as evidence the required coverage is in 
effect.  The Design Professional must annually submit Certificates of Insurance citing that 
the applicable coverage is in force and contains the required provisions for a 3 year period. 
 
2.2 Commercial General Liability-Occurrence Form.  Consultant must maintain “occurrence” form 
Commercial General Liability insurance with a limit of not less than $2,000,000 for each 
occurrence, $4,000,000 aggregate.  Said insurance must also include coverage for products 
and completed operations, independent contractors, personal injury and advertising injury. 
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess 
insurance must be “follow form” equal or broader in coverage scope than underlying 
insurance. 
 
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles  
 
Vehicle Liability:  Consultant must maintain Business/Automobile Liability insurance with a 
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles 
assigned to or used in the performance of Consultant’s work or services under this 
Agreement.  If any Excess or Umbrella insurance is utilized to fulfill the requirements of this 
paragraph, the Excess  or Umbrella insurance must be “follow form” equal or broader in 
coverage scope than underlying insurance. 
 
2.4 Workers Compensation and Employers Liability Insurance:  Consultant must maintain Workers 
Compensation insurance to cover obligations imposed by federal and state statutes having 
jurisdiction of Consultant employees engaged in the performance of work or services 
under this Agreement and must also maintain Employers’ Liability insurance of not less 
than $1,000,000 for each accident and $1,000,000 disease for each employee. 
 
3. 
Additional Policy Provisions Required. 
 
3.1 Self-Insured Retentions or Deductibles.  Any self-insured retentions and deductibles must be 
declared and approved by City.  If not approved, City may require that the insurer reduce 
or eliminate any deductible or self-insured retentions with respect to City, its officers, 
officials, agents, employees, and volunteers. 
 
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage. 
 
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its 
officers, officials, agents, and employees.  Any insurance or self-insurance 
maintained by City, its officers, officials, agents, and employees will be in excess of 
the coverage provided by Consultant and must not contribute to it. 
 
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is 
made or suit is brought, except with respect to the limits of the insurer's liability.

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-3 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and  WA1908.451 
Rev. 3/2/2021 
 
 
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under 
the indemnification provisions of this Agreement. 
 
3.1.5. The policies must contain a severability of interest clause and waiver of subrogation 
against City, its officers, officials, agents, and employees, for losses arising from 
Work performed by Consultant for City. 
 
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial 
General Liability insurance as specified in this Agreement for a minimum period of 3 
years following completion and acceptance of the Work.  Consultant must submit a 
Certificate of Insurance evidencing Commercial General Liability insurance during 
this 3 year period containing all the Agreement insurance requirements, including 
naming City of Chandler, its agents, representatives, officers, directors, officials and 
employees as Additional Insured as required. 
 
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will 
reasonably rely upon the Certificate of Insurance as evidence of coverage but this 
acceptance and reliance will not waive or alter in any way the insurance 
requirements or obligations of this Agreement.   
 
3.2.  Insurance Cancellation During Term of Contract/Agreement.  
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant 
must forward renewal or replacement Certificates to City within 10 days after the 
renewal date containing all the required insurance provisions. 
 
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must 
provide the required coverage and must not be suspended, voided or canceled 
except after thirty (30) days prior written notice has been given to City, except when 
cancellation is for non-payment of premium, then ten (10) days prior notice may be 
given.  Such notice must be sent directly to Chandler Law-Risk Management 
Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona  85225. If any 
insurance company refuses to provide the required notice, Consultant or its 
insurance broker must notify City of any cancellation, suspension, non-renewal of 
any insurance within seven (7) days of receipt of insurers’ notification to that effect.  
 
3.3 
City as Additional Insured.  The policies are to contain, or be endorsed to contain, the 
following provisions: 
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or 
be endorsed to contain, the following provisions:  City, its officers, officials, agents, 
and employees are additional insureds with respect to liability arising out of 
activities performed by, or on behalf of, Consultant including City's general 
supervision of Consultant; Products and Completed operations of Consultant; and 
automobiles owned, leased, hired, or borrowed by Consultant.

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-4 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and  WA1908.451 
Rev. 3/2/2021 
 
 
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the 
full limits of liability purchased by Consultant even if those limits of liability are in 
excess of those required by this Agreement.

City of Chandler Professional Services Agreement – Affidavit of Lawful Presence 
Page AFF-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and  WA1908.451 
Rev. 11/1/19 
 
 
EXHIBIT “D” 
SPECIAL CONDITIONS 
 
 
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of 
the MAG Specifications and MAG Standard Details as amended by City.  City’s current 
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found 
and downloaded from City’s website at http://www.chandleraz.gov/udm.   
 
City Ownership of Project Documents. All work products (electronically or manually 
generated) including, but not limited to: plans, specifications, cost estimates, field notes, 
tracings, studies, investigations, design analyses, original drawings, original mylars, 
Computer Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, 
and other related documents which are prepared in the performance of this Agreement 
(collectively referred to as "Documents") are to be and remain the property of City and are 
to be delivered to the Project Manager before the final payment is made to Consultant. In 
the event these Documents are altered, modified or adapted without the written consent of 
Consultant, which consent Consultant must not unreasonably withhold, City agrees to hold 
Consultant harmless to the extent permitted by law from the legal liability arising out of 
City's alteration, modification or adaptation of the Documents. 
 
Re-use of Documents. The parties agree the documents, drawings, specifications and 
designs, although the property of City,  are prepared for this specific project and are not 
intended nor represented by Consultant to be suitable for re-use for any other project.  Any 
re-use without written verification or adaptation by Consultant for the specific purpose 
intended will be at City’s sole risk and without liability or legal exposure to Consultant. 
 
Patent Fees and Royalties. Consultant must pay all license fees and royalties and assume all 
costs incidental to the use, in the performance of the work or the incorporation in the work 
of any invention, design, process, product, or device which is the subject of patent rights or 
copyrights held by others.  If a particular invention, design, process, product, or device is 
specified in the Agreement for use in the performance of the work and if, to the actual 
knowledge of City, its use is subject to patent rights or copyrights calling for the payment of 
any license fee or royalty to others, the existence of such rights will be disclosed by City in 
the Agreement.  Consultant must defend, indemnify and hold harmless City and anyone 
directly or indirectly employed by City from and against all claims, damages, losses, and 
expenses (including attorneys’ fees) arising out of any infringement of patent rights or 
copyrights incidental to the use in the performance of the work, or resulting from the 
incorporation in the work of any invention, design, process, product, or device not specified 
in the Agreement, and must defend all such claims in connection with any alleged 
infringement of such rights.  
 
License to City for Reasonable Use. With this Agreement, Consultant and its subconsultants 
hereby grant a license to City, its agents, employees, and representatives for an indefinite 
period of time to reasonably use, make copies, and distribute as appropriate the 
Documents, works or deliverables developed or created as a result of the Project and this

City of Chandler Professional Services Agreement – Affidavit of Lawful Presence 
Page AFF-2 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and  WA1908.451 
Rev. 11/1/19 
 
 
Agreement. This license also includes the making of derivative works.  
 
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional 
seal all plans, works, and deliverables prepared by each for this Agreement as required by 
state law. 
 
1. Contract Worker Access Controls, Badge and Key Access Requirements. A Contract 
Worker from Consultant’s firm must not be allowed to begin work in any City facility 
without: (A) The prior completion and City's acceptance of the required background 
screening; and (8) when required, the Contract Worker's receipt of a City issued badge. A 
badge will be issued to a Contract Worker solely for access to City facility(s) to which the 
Contract Worker is assigned. Each Contract Worker who enters a City facility must use 
the badge issued to the Contract Worker. 
 
2. Badges. After receipt of the badge application, the Contract Worker will proceed to the 
Badging Office for processing of the badge application and issuance of the badge. City 
will not process the badge application until the Contract Worker satisfies the required 
Background Screening (as defined herein). The Contract Worker must comply with all 
requirements and furnish all requested information as requested by the Badging Office. 
Any and all fees associated with security badging will be assessed in compliance with 
Chandler City Code §4-22. 
 
3. Key Access Procedures. If the Contract Worker's services require keyed access to enter a 
City facility(s), a separate key issue/return form must be completed and submitted by 
Consultant for each key issued. 
 
4. Stolen or Lost Badges or Keys. Consultant must report lost or stolen badges or keys to 
City immediately. A new badge application or key issue form must be completed and 
submitted along with payment of the applicable fees prior to issuance of a new badge or 
key. 
5. Return of Badges or Keys. All badges and keys are the property of City and must be 
returned to City at the Badging Office within one (1) business day of when the Contract 
Worker's access to a City facility is no longer required to furnish the services under this 
Agreement. Consultant must collect a Contract Worker's badge and key(s) upon the 
termination of the Contract Worker's employment; when the Contract Worker's services 
are no longer required at the particular City facility(s); or upon termination, cancellation 
or expiration of this Agreement. 
 
6. Consultant’s default under this Section must include, but is not limited to the following: 
(1) Contract Worker gains access to a City facility(s) without the proper badge or key; (2) 
Contract Worker uses a badge or key of another to gain access to a City facility; (3) 
Contract Worker commences services under this Agreement without the proper badge, 
key or Background Screening; (4) Contract Worker or Consultant submits false 
information or negligently submits wrong information to City to obtain a badge, key or 
applicable Background Screening; or (5) Consultant fails to collect and timely return 
Contract Worker's badge or key upon termination of Contract Worker's employment,

City of Chandler Professional Services Agreement – Affidavit of Lawful Presence 
Page AFF-3 
Public Works & Utilities Department, Capital Projects Division  
Project Name: ARROWHEAD WPF REHABILITATION & PECOS SWTP SURGE SYSTEM 
Project No.: WA1903.451 and  WA1908.451 
Rev. 11/1/19 
 
 
reassignment of Contract Worker to another City facility or upon the expiration, 
cancellation or termination of this Agreement. Consultant acknowledges and agrees that 
the access control, badge and key requirements in this Section are necessary to preserve 
and protect public health, safety and welfare. Accordingly, Consultant agrees to properly 
cure any default under this Section within three (3) business days from the date notice of 
default is sent by City. The parties agree that Consultant’s failure to properly cure any 
default under this Section must constitute a breach of this Section. In addition to any 
other remedy available to City at law or in equity, Consultant must be liable for and must 
pay to City the sum of one thousand dollars ($1,000.00) for each breach by Consultant of 
this Section. The parties further agree that the sum fixed above is reasonable and 
approximates the actual or anticipated loss to City at the time and making of this 
Agreement in the event that Consultant breaches this Section. Further, the parties 
expressly acknowledge and agree to the fixed sum set forth above because of the 
difficulty of proving City's actual damages in the event that Consultant breaches this 
Section. The parties further agree that three (3) breaches by Consultant of this Section 
arising out of any default within a consecutive period of three (3) months or three (3) 
breaches by Consultant of this Section arising out of the same default within a period of 
twelve (12) consecutive months will constitute a material breach of this Agreement by 
Consultant and City expressly reserves all of its rights, remedies and interests under this 
Agreement, at law and in equity including, but not limited to, termination of this 
Agreement.