Agreement - Black & Veatch

City of Chandler — Regular Meeting (2021-04-22)

Extracted text (via pymupdf) 85210 characters

City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

PROFESSIONAL SERVICES AGREEMENT
Post-Design Services
PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No. WA1908.271
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 Black & Veatch Corporation, a Delaware corporation, ("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 Post-Design Services for 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
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.

City of Chandler Professional Services Agreement
Page 2
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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 $104,890 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:

To City:
City of Chandler
Public Works & Utilities Department
Attn: CIP City Engineer
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008

City of Chandler Professional Services Agreement
Page 3
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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. Mike Caruso
Black & Veatch Corporation
2231 E. Camelback Rd., Ste. 250
Phoenix, AZ 85016

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
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

City of Chandler Professional Services Agreement
Page 4
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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
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

City of Chandler Professional Services Agreement
Page 5
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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
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

City of Chandler Professional Services Agreement
Page 6
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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.

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

City of Chandler Professional Services Agreement
Page 7
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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
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

City of Chandler Professional Services Agreement
Page 8
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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
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,

City of Chandler Professional Services Agreement
Page 9
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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
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

City of Chandler Professional Services Agreement
Page 10
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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
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.

City of Chandler Professional Services Agreement
Page 11
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

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

Lisa Jackson, P.E.
Associate Vice President
JacksonLA@bv.com
3/16/2021

City of Chandler Professional Services Agreement – Exhibit “A”
Page A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE

2021-03-05
EXHIBIT “A”

POST DESIGN
SCOPE OF SERVICES

Project Description
Post Design services for Pecos WTP Surge System Improvements Project, June 1, 2021 to May 1, 2022.
Services include pre-construction assistance and Engineering or Architectural Design Services during
Construction to address issues and/or specialized technical products regarding the designer of
record; and preparation of as-built record drawings.

Major project elements are based on the January 2020 Pecos SWTP Surge System drawings and
specifications and include:
•
Surge System installation, including surge tank, associated appurtenances, solenoid and
electrical control panels
•
New FWPS#1, Pumps #1 & #3 tiling disc check valves and modification of pumps #2 & #4
existing tilting disc check valves with slow closing mechanisms
•
Grading improvements / retaining wall modifications
Since the original drawings were issued in August 2019, the City has contracted to install below-grade
piping modifications during the winter 2019/2020 plant shutdown and self-performed a portion of the
work including Demolition of FWPS#1, Pump#4 RVSS and new AFD installation. The City has also
installed a previously purchased tilting disc swing check valve and installed it along with new piping for
pump #4. Record drawings will include this City-installed equipment associated with the original
design set.

Project Tasks

1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Preconstruction Assistance
i. Consultant will attend the pre-construction meeting.
2.
Engineering or Architectural Design Services During Construction
A. Task 2.1 Attend Construction Meetings, as needed
i. Consultant will attend construction meetings, as needed. Consultant assumes
attendance of twenty (20) bi-weekly construction meetings. See Exhibit A-1
Task 201 for additional details.
B. Task 2.2 Respond to Requests for Information (RFI’s), as needed
i. Consultant will review, evaluate, and respond to any Contractor Requests for
Information (RFI’s) forwarded by the CM Firm for design review. Consultant
assumes a maximum of ten (10) RFI responses. See Exhibit A-1 Task 202 for
additional details.
C. Task 2.3 Respond to Shop Drawing Submittals, as needed
i. Consultant will review, evaluate, and respond to any Contractor Shop Drawing
submittals forwarded by the CM Firm for design review. Consultant assumes

2021-03-05
a maximum of thirty-five (35) reviews. See Exhibit A-1 Task 203 for additional
details.
D. Task 2.4 Allowance / Change Order Reviews, as needed
i. Consultant will review, evaluate, and respond to any Contractor Allowance or
Change Order requests forwarded by the CM Firm for review. Consultant
assumes a maximum of four (4) reviews. See Exhibit A-1 Task 204 for
additional details.
E. Task 2.5 Checkout, Functional Testing, Startup & Commissioning, as needed
i. Consultant will assist with the oversight or review of any Contractor Field
Calibration, Loop Checkout, Alarming, Functional Testing, and Substantial &
Final Completion requests forwarded by the CM Firm. See Exhibit A-1 Task 205
for additional details.
F. Task 2.6 Project Management, as needed
i. Consultant will provide overall Project Management to ensure Consultant’s
project team supports the project and provides monthly invoices to the City’s
Project Manager. See Exhibit A-1 Task 206 for additional details.

3.
RECORD DRAWINGS
A. Task 3.1 Record Drawings
i. Transfer red-line comments to City’s construction plans to create record
drawings.
ii. Provide resident engineer and/or architect and/or landscape architect
stamp/certification on record drawings cover sheet. Ensure all required
signatures on the cover sheet.
iii. Provide and deliver record drawings in paper and digital pdf format to the City
as required for as-built submittal process at city permit counter and with
MCESD.
iv. See Exhibit A-1 Task 301 for additional details.

ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS
1.
Application fees for City reviews and permits will be paid by CITY.
2.
The Owner’s Allowance will only be utilized with prior written approval from the City
representative.

WA1908.201 Pecos SWTP Surge System ESDC | CITY OF CHANDLER

BLACK & VEATCH CORPORATION | Exhibit A-1 | 03/05/2021

1
EXHIBIT A-1
CITY OF CHANDLER PECOS SWTP SURGE SYSTEM – ENGINEERING
SERVICES DURING CONSTRUCTION
SCOPE OF SERVICES
PROJECT DESCRIPTION
The following Scope of Work describes the construction phase services to be performed
by Black & Veatch (CONSULTANT) and on the City of Chandler (City) Pecos Water
Treatment Plant (Pecos SWTP) Surge System Project.
Major project elements are based on the January 2020 Pecos SWTP Surge System
drawings and specifications and include:
• Surge System installation, including surge tank, associated appurtenances,
solenoid and electrical control panels
• New FWPS#1, Pumps #1 & #3 tiling disc check valves and modification of pumps
#2 & #4 existing tilting disc check valves with slow closing mechanisms
• Grading improvements / retaining wall modifications
Since the original drawings were issued in August 2019, the City has contracted to install
below-grade piping modifications during the winter 2019/2020 plant shutdown and self-
performed a portion of the work including Demolition of FWPS#1, Pump#4 RVSS and new
AFD installation. The City has also installed a previously purchased tilting disc swing check
valve and installed it along with new piping for pump #4. Record drawings will include
this City-installed equipment associated with the original design set.
SCOPE
This scope of these services includes engineering services during construction. City’s
Program Manager / Construction Manager (PM/CM) will lead primary inspection work
and be supplemented as noted herein.
PHASE 100 TASKS: PRE-CONSTRUCTION ASSISTANCE
Task 101 – Pre-Construction Assistance. CONSULTANT will attend the pre-construction
meeting.
PHASE 200 TASKS: ENGINEERING SERVICES DURING CONSTRUCTION
CONSULTANT will perform services during the construction phase of the project. Specific
services to be performed by CONSULTANT are as follows:

WA1908.201 Pecos SWTP Surge System ESDC | CITY OF CHANDLER

BLACK & VEATCH CORPORATION | Scope of Services | 03/05/2021

2
Task 201 – Attend Construction Meetings & Site Observations. The CONSULTANT will
coordinate with the PM/CM and the Contractor to witness key tasks and other duties and
responsibilities, including the following:
a. Attend construction coordination meetings on site or virtually with Contractor, Electrical
subcontractor, I&C subcontractor (if different than Electrical subcontractor), City
representative, and PM/CM anticipated to be bi-weekly through final completion
(assumed 40 weeks). The coordination meetings will be the forum to discuss project
progress, schedule, shop drawings and submittals, technical issues, programming
schedule, and shop drawings. Typical participants include Project Manager, Civil
Engineer, Electrical or I&C Engineer / Technician, and Senior Inspector. Additional
meeting attendance as required by the PM/CM can be performed as a supplemental
service.
b. Participate in onsite observations of the general progress of the work to assist
CONSULTANT and PM/CM in determining if the work is proceeding in accordance with
the Construction Contract Documents, including instrumentation, remote I/O panels, and
control panels including installation, operation and documentation prior to on-site start-
up services.
c. Communicate to the PM/CM and document observed defects or deficiencies in the
Contractor's work relating to compliance with the contract drawings, specifications, and
design intent.
d. Advise PM/CM of the commencement of any work requiring a shop drawing or sample
submission if the submission has not been accepted by CONSULTANT.
e. Review and provide suggestions to the PM/CM regarding the Contractors' construction
sequence plans for all construction work undertaken simultaneously.
f. When notified by the PM/CM, visually inspect materials, equipment, and supplies
delivered to the worksite. Reject materials, equipment, and supplies that do not conform
to the construction contract documents. These inspections are exclusive of special
inspection activities performed by others.
g. Assist PM/CM in interpretation of results of onsite materials testing services during
construction.
h. Observe field tests of equipment, structures, and piping, as well as review of Contractor’s
written verification that equipment installation and manufacturer startup services have
been provided prior to testing and start-up (manufacturer’s certificates of proper
installation and operation). review the resulting reports, and comment to PM/CM as
appropriate. The Contractor is responsible for providing the PM/CM all documentation
required for start-up, performance testing, commissioning and field testing as specified
in the Contractor Documents and Specifications.
i.
Initiate appropriate communication(s) with PM/CM regarding matters relating to
Contractor’s failure to address contractual requirements, if noted.

WA1908.201 Pecos SWTP Surge System ESDC | CITY OF CHANDLER

BLACK & VEATCH CORPORATION | Scope of Services | 03/05/2021

3
j.
Review point-to-point wiring interconnect drawings, loop diagrams, equipment field
wiring diagrams, panel schematics, and calibration reports prior to start-up,
commissioning and field testing.
k. Coordinate with regulatory and approving agencies and utilities having jurisdiction at the
conclusion of construction to close out obtained permits as included herein. Any fees
associated with City permits will be paid directly by the City. Fees associated with County
permits will be paid by the CONSULTANT and reimbursed by the City.
l.
Participate in a preconstruction conference including a discussion of the Contractor's
schedules, schedule coordination and responsibilities, procedures for transmittal and
review of the Contractor's submittals, Special Inspections Program, quality control and
QC verification, critical work sequencing, change orders, record documents, and the
Contractor's responsibilities for safety and first aid.
m. Review Contractor's training plan and instruction materials for compliance with
Construction Contract Documents and provide comments to the PM/CM. The PM/CM
will coordinate, schedule, and monitor manufacturer training presentations with City
personnel to confirm it meets City requirements and is consistent with approved
submittals.
n. Review certificates of inspections, tests, and related approvals submitted by the
Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the
Contract Documents (but only to verify that their content complies with the requirements
of, and the results certified indicate compliance with, the construction contract
documents). This service is limited to a review of items submitted by the Contractor and
does not extend to a determination of whether the Contractor has complied with all legal
requirements. This is exclusive of items contained in the program of special inspections
reviewed or verified by others.
o. Review special inspection test reports, special inspection reports and related documents
submitted by the Inspectors as required by the Special Inspections Program (but only to
verify that their content complies with the requirements of 01450 Structural Tests and
Special Inspections).
Task 202 – Issue Interpretations and Clarifications (RFIs). The CONSULTANT will issue
necessary interpretations and clarifications of the Construction Contract Documents; act
as initial interpreter of the requirements of the Construction Contract Documents, and
make decisions on City, PM/CM, and the Contractor questions relating to the acceptability
of the work or the interpretation of the requirements of the Construction Contract
Documents pertaining to the execution and progress of the work.
The CONSULTANT will respond in writing to PM/CM and/or the Contractor to clarify
and/or interpret technical or design related questions. The CONSULTANT will respond to
issues raised during construction regarding interpretation and clarification of the
technical requirements of the Construction Contract Documents. The CONSULTANT will
serve as City’s advisor in resolution of these issues.

WA1908.201 Pecos SWTP Surge System ESDC | CITY OF CHANDLER

BLACK & VEATCH CORPORATION | Scope of Services | 03/05/2021

4
A total of up to ten (10) RFIs are estimated. If additional RFIs are received, they will be
reviewed as a supplemental service.
Task 203 – Submittal Review. CONSULTANT will coordinate with PM/CM to review the
schedule of shop drawings submissions, drawings, submittal documents, equipment
operation and maintenance manuals, Contractor’s quality control documentation and
other data submitted by the Contractor as required by the construction contract
documents. The CONSULTANT will receive, review, evaluate, and distribute (or take other
appropriate action in respect of) shop drawings, samples, test results, and other data
which Contractor is required to submit with the PM/CM.
The CONSULTANT will not provide positive recommendation of any proposed substitution
unless such substitution deemed to conforms to the Project design concept and the
Construction Contract Documents including the Contract Price. Final approval of
substitutions shall be at the discretion of the City’s Project Manager.
Manufacturer’s O&M manuals received from the PM/CM will be reviewed for inclusion
of information in conformance with technical specifications section 01300.
It is assumed the Contractor will provide the PM/CM and CONSULTANT with the specified
hardcopies, if desired by the City, and bookmarked pdf format “character recognition”
(OCR scanning) copies of approved O&M manuals per specification section 01300.
Bookmarks shall be provided for each tab in the electronic copy.
Submittal and substitution review efforts are based upon a maximum of two (2) reviews
per submittal and that no more than fifty percent (50%) of the total number of first
submittals will require two (2) reviews. Reviews of a total of up to 35 shop drawing and
O&M manual submittals, including resubmittals and submittals have been assumed by
the CONSULTANT. If additional shop drawings are received beyond the assumed number
of submittals, they will be reviewed as a supplemental service.
Task 204 – Allowance / Change Order Reviews. Review the Contractor’s documentation
and assist the PM/CM with administering the processing of allowances requests and
change orders, including applications for extension of construction time. CONSULTANT
together with its Resident Project Representative will:
•
Review documentation
•
Prepare any additional documentation required
•
Review applications for extension of construction time
•
Submit recommendations to PM/CM and City Project Manager for concurrence
•
Assist PM/CM and City in negotiations with Contractor to obtain a fair price for the work
Work related to unusually complex or unreasonably out of scope or numerous change
orders are considered a Supplemental Service. CONSULTANT’s input as described above
on up to four (4) allowance / change order requests have been assumed. If additional
allowance / change orders are identified, they will be reviewed as a supplemental service.

WA1908.201 Pecos SWTP Surge System ESDC | CITY OF CHANDLER

BLACK & VEATCH CORPORATION | Scope of Services | 03/05/2021

5
Task 205 – Checkout, Functional Testing, Startup & Commissioning. CONSULTANT will
assistance PM/CM for direct oversight or review of information provided by PM/CM for
review for field calibration, loop checkout, alarming, functional testing, substantial
completion, and final completion.
Field Calibration, Loop Checkout, and Alarming. CONSULTANT assist PM/CM to verify the
Contractor’s field calibrations are coordinated with control system programming.
CONSULTANT will review witness loop checkout testing reports to verify successful
completion by the Contractor. All Foxboro distributed control system (DCS)
programming, configuration associated with the new surge system will be performed by
the City.
CONSULTANT will meet with the City programmer to interpret surge system control
descriptions and develop a list of additional alarms to be added to the existing alarm
notification software and new Historian tags associated with FWPS #1, Pump #4 and the
surge system as part of this project. City personnel will add any new alarms or tags
identified. No updates to the existing reporting software or reporting are anticipated.
Functional Testing. Functional Testing services will be provided for startup of the surge
system.
1. CONSULTANT will contact MCESD for consultation to confirm expectations for
the plan of operation and MCESD acceptance of testing. Prepare summary
report of findings and submit to City via email.
2. Review Contractor’s submittal via PM/CM for functional testing, facilitate and
participate in functional testing and functional testing planning meetings with
the City and provide input on the Contractor’s Functional Testing and
Functional Acceptance testing plans as defined in Section 01650 of the
Technical Specifications.
3. Witness Functional Testing for the new surge system. The purpose of this test
is to prove the surge system is properly installed and able to be controlled
locally. CONSULTANT will observe the testing, review the report summary by
the Contractor reporting the results of the testing, and coordinate with the
PM/CM to notify the Contractor of any items that need to be corrected.
4. Prepare letter report of equipment functional testing findings and submit via
PM/CM to City and directly to MCESD.
City, as the responsible authority in charge, will perform all necessary water quality
testing, data submittals, and coordination with MCESD during this time. Operator
training in addition to that provided by the vendors associated with the surge system is
not anticipated or included but can be added as a supplemental service.
Substantial & Final Completion. The CONSULTANT will support the PM/CM to prepare a
punch list of work items that need to be completed. At the end of the successful Process

WA1908.201 Pecos SWTP Surge System ESDC | CITY OF CHANDLER

BLACK & VEATCH CORPORATION | Scope of Services | 03/05/2021

6
Checkout and initial operation of the surge system, provided that all of the other
contractual and permitting requirements have been met, the Contractor will be given a
letter of Conditional Substantial Completion by the PM/CM.
CONSULTANT will provide support during the surge system’s initial 30-day operational
period and participate in final punch list verification meeting to support PM/CM in issuing
the letter of Final Completion.
Task 206 – Project Management. CONSULTANT will provide prepare and submit monthly
invoices to City’s project manager. Status reports will be prepared and submitted along
with each monthly invoice. The status reports will identify what work has been performed
during the billing period and the completion status of major tasks as described herein.
PHASE 300 TASKS: RECORD DRAWINGS
Task 301 – Conformed to Construction Record Drawings. At the completion of
construction, the CONSULTANT will review and incorporate construction as-built redline
drawings as provided by the PM/CM and Contractor into Conformed to Construction
Record drawings. Contractor will provide via the PM/CM a paper and electronic pdf copy
of their construction as-built redline drawings and specifications. Upon completion of the
construction, CONSULTANT will finalize transfer of Contractor mark-ups to permanent
record digital files. Conformed to Construction Record documents will be prepared based
upon the information compiled and furnished by the Contractor.
The CONSULTANT will submit one (1) full size and one (1) half size bond hard copy of the
Conformed to Construction Record drawings, one (1) pdf copy, and one (1) copy of the
2D Auto-Cad, version 2018 or later, Conformed to Construction drawings in native file and
PDF format to City via PM/CM. Contractor redlined specifications will be provided for
record. Thirty-seven (37) drawings are anticipated to be updated and include City-
installed equipment (manual butterfly and tilting disc check valves, piping, and AFD).
CONSULTANT will coordinate with City Building Safety and MCESD to provide conformed
to construction record drawings and other documents to certify completion of
construction for permit close-out. Any fees incurred for permit close-out will be
reimbursed by the City.

Schedule
Following dates are estimated based on a construction schedule of 40 weeks:
Contractor’s NTP date:

June 1, 2021
Contractor’s substantial completion date:

February 5, 2022
Contractor’s final completion date:

March 5, 2022
CONSULTANT’s final completion date:

May 1, 2022

WA1908.201 Pecos SWTP Surge System ESDC | CITY OF CHANDLER

BLACK & VEATCH CORPORATION | Scope of Services | 03/05/2021

7
Budget
See Exhibit B for detailed Level of Effort.
Supplemental Services
Any additional work requested by City that is not included in this draft scope of services
will be treated as supplemental services. The scope and fee associated with these
additional supplemental services shall be agreed upon by City and the Engineer before
the work is performed and includes, but is not limited to, the following:
-
Additional submittal review beyond that described herein
-
RFI responses beyond that described herein
-
Allowance / change order review beyond that described herein
-
Additional meeting attendance beyond that described herein
-
Special inspection services
-
PLC/SCADA/AFD programming
-
Update or creation of EOM sections associated with the surge system
-
Collection of additional asset management information for new assets
-
Operator training for the surge system supplemental to that provided by the vendor
/ supplier

City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
Rev. 3/2/2021

EXHIBIT “B”
COMPENSATION AND FEES

Task
Cost
1
PRE-CONSTRUCTION ASSISTANCE
1.1
520.00
$
520.00
$
2
CONSTRUCTION MANAGEMENT
2.1
14,590.00
$
2.2
7,730.00
$
2.3
18,610.00
$
2.4
6,230.00
$
2.5
13,540.00
$
2.6
8,250.00
$
68,950.00
$
3
RECORD DRAWINGS
3.1
17,420.00
$
17,420.00
$
SUBCONSULTANTS
-
$
-
$
ALLOWANCES
3,000.00
$
15,000.00
$
18,000.00
$
104,890.00
$
Notes:
EXHIBIT "B"
PECOS WTP SURGE SYSTEM POST DESIGN
ENGINEERING SERVICES DURING CONSTRUCTION
FEE SCHEDULE
Description
Pre-Construction Assistance
SUBTOTAL TASK 1:
Construction Meetings
Requests for Information (RFI)
Submittal Review
SUBTOTAL TASK 2:
Record Drawings
Allowance / Change Order Review
Checkout, Functional Testing, Startup & Commissioning
(none)
SUBTOTAL TASK 3:
1. Expenses include delivery such as courier, Fed Express / UPS, travel costs, including meals, lodging, and travel mileage at
IRS approved rates, reproduction (printing, reproduction of deliverables).
2. The level of effort estimate is based on data currently provided by the City. Unforseen conditions which require additional
Engineer / subconsultant services will be considered as supplemental services that will be performed following scopes of
services and level of effort negotiations as required and approval by the City.
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
Project Management
SUBTOTAL SUBCONSULTANTS:
Direct Expense Allowance
Owner's Allowance
2021-03-05

City of Chandler
Pecos SWTP Surge System ESDC
Detailed Level of Effort
Exhibit B-1
Owner:
Project:
PHASE/Task
Project
Director
Project
Manager
Civil
Engineer
Sr. Specialist
/ QA/QC
Sr. Inspector
Sr. Structural
Engineer
Structural
Engineer
Mechanical
Engineer
Sr. Electrical
Engineer
Electrical
Engineer
Sr. Electrical
Technician
Sr. I&C
Engineer
I&C
Engineer
I&C
Technician
Sr. BIM
Technician
BIM
Technician
Project
Controls
Specialist
Admin
SUBTOTAL,
hours
SUBTOTAL,
Billings $
SUBTOTAL,
EXPENSES
SUBTOTAL,
SUBS
TOTAL
Billings
(Billing Rate, $$,Hr.)
$255.00
$220.00
$130.00
$220.00
$190.00
$185.00
$135.00
$135.00
$185.00
$135.00
$120.00
$185.00
$135.00
$125.00
$140.00
$120.00
$155.00
$100.00
WORK BREAKDOWN STRUCTURE
PHASE
Pre-Construction Assistance
0100
Pre-Construction Assistance
0101
-

520

Engineering Services During Construction
0200
Attend Construction Meetings & Site Observatio
0201
-

14,590

Issue Interpretations & Clarifications (RFIs)
0202
-

7,730

Submittal Review
0203
-

130

18,610

Allowance / Change Order Review
0204
-

6,230

Checkout, Functional Testing, Startup & Commi
0205
-

13,540

Project Management
0206
2

8,250

Record Drawings
0300
Conformed to Construction Record Drawings
0301
-

136

17,420

3,000

20,420

Total, Hours
2

152

598

Total, Billings
510
$
10,560
$
19,760
$
880
$
11,020
$
2,590
$
2,430
$
4,590
$
2,220
$
5,400
$
2,400
$
2,220
$
4,590
$
4,500
$
1,400
$
7,200
$
620
$
4,000
$
86,890
$
3,000
$
-
$
89,890

Owner's Allowance - Supplemental Services
15,000

Total, with Allowance
104,890

Pecos SWTP Surge System ESDC
City of Chandler
Black & Veatch Corporation
2021-03-05

City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
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: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
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: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
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: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
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: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
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: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
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: PECOS SURFACE WATER TREATMENT PLANT SURGE SYSTEM
Project No.: WA1908.271
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.