Agreement - Premier Engineering Corporation
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City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
PROFESSIONAL SERVICES AGREEMENT
Design Services
ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No. ST2112.201
Council Date: June 10, 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 Premier Engineering, Corporation, an Arizona 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 Design Services for ALLEYWAY REHAB
PM10 DUST EMISSIONS REDUCTION 2 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: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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 250
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 $72,376.88 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: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 4/20/2021
To City:
City of Chandler
Public Works & Utilities Department
Attn: CIP City Engineer
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3343
Email: andrew.goh@chandleraz.gov
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:
Premier Engineering Corporation
6437 W. Chandler Blvd., Chandler AZ 85226
Statutory Agent Name: P Douglas Folk
Statutory Agent Mailing Address:
14850 N. Scottsdale Rd., Ste. 500 Scottsdale AZ 85254
Statutory Agent Physical Address: (if different than mailing address)
Consultant’s Authorized Project Representative:
Name: C. Gnanasambanthan
Title: President
Mailing Address: 6437 W. Chandler Blvd., Chandler AZ 85226
Physical Address: (if different than mailing address)
Phone: 480-829-6000
Email: cg@pre-engr.com
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
City of Chandler Professional Services Agreement
Page 4
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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
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.
City of Chandler Professional Services Agreement
Page 5
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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
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
City of Chandler Professional Services Agreement
Page 6
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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
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.
City of Chandler Professional Services Agreement
Page 7
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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
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
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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
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
City of Chandler Professional Services Agreement
Page 9
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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,
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
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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
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
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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.
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
C. Gnanasambanthan
President
cg@pre-engr.com
5/6/21
City of Chandler Professional Services Agreement – Exhibit “A”
Page A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
March 18, 2021
Revised April 14,2021
City of Chandler
Public Works & Utilities
215 E. Buffalo Street, Ste. 101
Chandler, AZ 85244-4008
Attn: Mr. Daniel Haskins, PE
Re: Alleyway Rehab PM10 Dust Emissions Reduction 2
City of Chandler Project No.: ST2112-201
Premier Proposal No. 2021-019-07
Dear Mr. Haskins:
Enclosed is our revised scope and fee proposal package to provide engineering design services for the
Alleyway Rehab PM10 Dust Emissions Reduction 2 project for your review. The revisions are based on
submittal review comments dated 4/5/21.
Our proposed revised lump sum per task fee for the attached scope of services is $72,377.00 (Seventy
Two Thousand Three Hundred Seventy-Seven dollars only), which includes a fee of $67,377.00 for
basic design services and a fee of $5,000.00 for allowances for additional design services as outlined
below and in the attached scope of work.
•
Basic Services .....................................................................................$67,377.00
•
Allowance (Unforeseen Conditions)....................................................... $5,000.00
We appreciate the opportunity provided by the City of Chandler and look forward to working with you on
this project. If you have any questions or need additional information, please do not hesitate to call me
at 480-829-6000.
Sincerely,
Premier Engineering Corporation
C. Gnanasambanthan, PE
President
Encl: Exhibit A Scope of Services/Schedule
Exhibit B Fee Schedule
ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
(FMA 16, 25, 39, and 40)
ST2112
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
March 18, 2021
Revised April 13, 2021
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
The project description and scope of construction are based on a design Scoping
Meeting held on February 25, 2021, and the subsequent meeting minutes prepared
by the City. The project construction is funded with Federal Congestion Mitigation Air
Quality (CMAQ) while the design is locally funded.
1.2
Consultant will provide services for the design, permitting, development of
construction documents, and specified construction administration for the
development of alleyway improvements for PM10 dust emissions reduction located at
FMA Page 16, Page 25, Page 39, and Page 40 Chandler, Arizona, and as more
specifically described herein below.
1.3
The facility design may include, but not be limited to, replacing the top four to six
inches of dirt, gravel and older aggregate base course with crushed asphalt milling
materials creating a more dust free driving surface for approximately 10.31 miles of
alleys. The width of the millings will be 12-14 feet leaving 24 to 36 inches on both
sides that are undisturbed and allow for above ground utility facilities (right-of-way
widths are typically 16 feet wide with some 20 feet wide alleys adjacent to commercial
properties).
1.4
The project design, construction, furnishing and equipping budget is $1,481,596.00
(MAG TIP). All design, construction and furnishing of the project will be completed
within this budget.
1.5
Consultant will provide design services for the Project including, but not limited to, civil
engineering and environmental planning services.
2. ASSIGNMENT:
2.1
The design contract has been awarded to Premier Engineering Corporation (Premier)
based on their proposed personnel and specified subconsultants. Any deviations or
substitutions of these team members must be pre-approved in writing by the City.
Those persons listed in Exhibit B will perform those portions of the work listed therein.
3. PROJECT SCHEDULE:
3.1
Once all contracts are signed after the Council Memo, the City will send out the NTP
date. At that time, the City will reach out and schedule a Design Kickoff Meeting
(virtual). The consultant PM will attend this meeting (2 hours).
3.2
Premier must perform the services within the times set forth in the Production
Schedule included herein and made a part hereof by reference.
3.3
Premier must adhere to the Production Schedule described herein and such schedule
may not be modified or deviated from without written consent of City. Consultant
must revise and submit for review an updated schedule whenever it is demonstrated
that the time for completion of the Project Design or of any of the partial completion
points listed in the schedule is delayed by two weeks or more. Such adjusted schedule
will include a written explanation stating the reasons for the change and a plan for
getting back on schedule. Consultant must take all reasonable actions necessary to
get the project back on schedule and City will cooperate to assist Consultant.
3.4
City of Chandler will take 14 calendar days to review design submittals.
4. QUALITY CONTROL:
4.1
Premier must institute and comply with the Design Quality Control Plan and submit it
to the City for approval.
5. PRELIMINARY RESEARCH:
5.1
As for preliminary research before preparing the project design, Premier will:
a. Perform a Document search for rights-of-way.
b. Perform a Document search for City policies, regulations, standards, design
manuals, and requirements, etc. relevant to project.
c. Research all utility companies/agencies and acquire all available as-built and utility
records.
d. Investigate existing conditions, make measured drawings, and verify accuracy of
drawings or other information furnished by City.
e. Obtain existing contour maps to determine existing drainage patterns.
f. Record a GoPro video of all fences and gates along the alleyways included in this
project. The video will be copied to CD’s and submitted to the City.
6. UTILITY/AGENCY COORDINATION:
6.1
The City of Chandler administers planning, permitting, and construction process in
accordance with the Arizona Utility Coordinating Committee (AUCC) Public
Improvement Project Guide.
6.2
The City of Chandler’s Utility Coordinator is Leann Johnson.
6.3
The City of Chandler Utility Coordinator and Project Manager must be copied on any
communications to utility companies.
6.4
Premier will provide plans (location maps) to utility companies and copy the City PM
and Utility Coordinator.
6.5
Prepare utility clearance and conflict letters at the 100% design level per City of
Chandler provided template.
7. PROJECT MANAGEMENT & ADMINISTRATION:
7.1
Premier shall coordinate with affected City Departments, Subconsultants, and other
stakeholders as required, to administer the project. Premier shall prepare a project
execution plan, setup the budget in our accounting system, and prepare monthly
invoices and progress reports for submittal to the City PM.
8. SCOPING DOCUMENT (Project Assessment):
8.1
A draft and final project assessment will be submitted via email or FTP to the Chandler
PM and include the following:
a. Overview and Project Background
b. Project Scope of Work
c. Project Development Considerations
d. Environmental Considerations ( see Logan Simpson scope of work)
e. Typical Alley Cross Section
f. Drainage
g. Right-of-way Requirements (none)
h. Utilities
i.
Construction Impacts
j.
Estimated Project Costs
k. Estimated Project Schedule
l.
Other Requirements
m. Appendices including typical section, maps of alleys, and selected alley
photographs
8.2
After City review of the draft PA, comments will be sent to the consultant and a
comment review meeting will be held virtually and attended by the Consultant PM.
Premier will prepare an agenda and meeting summary.
9. CONSTRUCTION DOCUMENTS (90% Document Review):
9.1
Based on the approved project assessment documents and any further adjustments
in the scope or quality of the Project or in the construction budget authorized by City,
Premier must prepare, for approval by City, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the
construction of the Project. When the design is approximately ninety percent (90%)
complete Consultant must do the following:
a. Prepare plans, sections, schedules, notes, technical specifications, and federal
provisions as required, to be able to bid and construct the project in its entirety.
b. Project Specific Special Provisions will be prepared by the City’s PM.
c. General Conditions will be provided by the City.
d. Technical specifications will include 16 bid items – 10 bid items have standard
specifications, 3 bid items were created on project ST1909.401 and can be revised,
and 3 bid items will be created from scratch.
e. Plan sheets will include cover sheet, general notes with typical sections,
environmental requirements, and four map sheets (one area per sheet).
f. Cover sheet to be provided by City on diskette (AutoCAD 2014).
g. Provide City of Chandler with a copy of the AutoCAD files.
h. Biological resources, hazardous materials, agency scoping and cultural resources
(Logan Simpson).
i.
Prepare draft Categorical Exclusions (ADOT).
j.
PISA, Biological Evaluation, Cultural Resources reports (Logan Simpson).
k. Conduct a limited document set (plans & Specs) review in the presence of all
consultants and City’s representatives. Premier will document this review.
l.
Submit to City’s PM using the City’s electronic plan review process. The Consultant
will
create
an
account
under
the
website
https://developmentpermits.chandleraz.gov/clics/ to include original redline
drawings and comments received from previous review along with a review
summary indicating action taken.
10. CONSTRUCTION DOCUMENTS (100% Document Review):
10.1
Premier will submit bid documents to Development Services for building permit using
the City’s electronic plan review process. All plans, calculations and specifications
will be stamped. The specifications will be 8-1/2” x 11” and in electronic format in
Microsoft Word 2010. Plans will be pdfs as well as on diskette Auto CAD release 14 or
R2000. Include original redline drawings and comments received from previous review
along with a review summary indicating action taken. Also, include final environmental
documents.
11. BID & AWARD (Mylar Bid Submittal):
11.1
Premier will pick-up plan review final comments and prepare one full size stamped
Mylar cover sheet for reproduction and 3 full size black bond copies, along with an
electronic copy of the PS&Es. City will have the bid sets reproduced from these
Mylar’s.
11.2
Premier will assist City in the preparation of the Bid Form.
11.3
Premier will attend and participate at the pre-bid conference for the purpose of
answering technical questions from potential bidders.
11.4
Premier will prepare addenda for review and approval by City. City will distribute.
11.5
If bids are 10% over or under the “engineers estimate”, Premier will be required to
provide a detailed evaluation explaining differences. Then the documents will be
modified and re-bid.
ID
Task
Mode
Task Name
Duration
Start
Finish
Predecessors
1
Fee Proposal
51 days
Wed 3/17/21
Fri 5/28/21
2
Submit Fee Proposal Pkg
0 days
Wed 3/17/21
Wed 3/17/21
3
Fee Negotiation & Approval
0 days
Fri 4/16/21
Fri 4/16/21
2
4
Council Approval
0 days
Fri 5/28/21
Fri 5/28/21
3
5
Notice to Proceed
0 days
Mon 6/14/21
Mon 6/14/21
6
Kickoff Meeting
0 days
Wed 6/23/21
Wed 6/23/21
7
Project Assessment
95 days
Mon 6/14/21
Fri 10/22/21
8
Submit Quality Control Plan
5 days
Mon 6/14/21
Fri 6/18/21
5
9
Obtain Utility Maps
20 days
Mon 6/14/21
Fri 7/9/21
5
10
Video all fences and gates
2 days
Mon 6/14/21
Tue 6/15/21
5
11
Develop typical section and maps
5 days
Wed 6/16/21
Tue 6/22/21
10
12
Prepare Environmental Considerations
30 days
Wed 6/23/21
Tue 8/3/21
6
13
Prepare Construction Cost Estimate
2 days
Wed 6/23/21
Thu 6/24/21
11
14
Prepare Project Assessment Report
10 days
Wed 8/4/21
Tue 8/17/21
9,10,11,12
15
QA/AC
2 days
Wed 8/18/21
Thu 8/19/21
14
16
Submit Draft Project Assessment Report
1 day
Fri 8/20/21
Fri 8/20/21
15
17
City Review
10 days
Mon 8/23/21
Fri 9/3/21
16
18
Comment Resolution Meeting
1 day
Mon 9/6/21
Mon 9/6/21
17
19
Prepare Final PA Report
5 days
Mon 9/6/21
Fri 9/10/21
17
20
Prepare Project initiation Letter to ADOT
30 days
Mon 9/13/21
Fri 10/22/21
19
21
Construction Documents (90%)
190 days
Tue 9/7/21
Mon 5/30/22
22
Prepare Plans
10 days
Tue 9/7/21
Mon 9/20/21
18
23
Prepare Technical Specs and Federal Provisions
10 days
Tue 9/7/21
Mon 9/20/21
18
24
Prepare Draft PISA and Biological Evaluation
160 days
Tue 9/7/21
Mon 4/18/22
18
25
Prepare Draft Categorical Exclusion (ADOT)
30 days
Tue 4/19/22
Mon 5/30/22
24
26
Prepare Construction Cost Estimate
2 days
Tue 9/21/21
Wed 9/22/21
22
27
QA/AC
2 days
Thu 9/23/21
Fri 9/24/21
26
28
Document Review with City (Over‐the‐Shoulder)
1 day
Mon 9/27/21
Mon 9/27/21
27
29
Construction Documents (100%)
176 days
Tue 9/28/21
Tue 5/31/22
30
Prepare 100% PS&E
10 days
Tue 9/28/21
Mon 10/11/21 28
31
QA/AC
2 days
Tue 10/12/21
Wed 10/13/21 30
32
Submit Bid Documents to Development Services
1 day
Tue 5/31/22
Tue 5/31/22
25
33
City Review
30 days
Thu 10/14/21
Wed 11/24/21 31
34
Bid and Award (Mylar Bid Submittal)
60 days
Thu 11/25/21 Wed 2/16/22
35
Revised plans per City comments
10 days
Thu 11/25/21
Wed 12/8/21
33
36
Pre‐Bid Conference
1 day
Wed 1/19/22
Wed 1/19/22
37
Bid opening
1 day
Wed 2/16/22
Wed 2/16/22
38
Construction
181 days
Thu 2/17/22
Thu 10/27/22
39
Construction Contract Council Approval
60 days
Thu 2/17/22
Wed 5/11/22
37
40
Construction NTP
1 day
Thu 5/12/22
Thu 5/12/22
39
41
Construction
120 days
Fri 5/13/22
Thu 10/27/22
40
3/17
4/16
5/28
6/14
6/23
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
2022
Alley Rehab PM10 Emissions Reduction
(ST2112)
Page 1
51 West Third Street Suite 450 Tempe, Arizona 85281 Phone: 480.967.1343 Fax: 480.966.9232 www.logansimpson.com
March 16, 2021
Mr. Roger Miles
Project Manager
Premier Engineering
6437 West Chandler Boulevard, Suite 1
Chandler, AZ 85226
Re: City of Chandler Project No. ST2112
Logan Simpson Project No. 213143
Alleyway Rehab PM10 Dust Emissions Reduction 2
Dear Mr. Miles:
Logan Simpson is pleased to submit this Scope of Work and Fee Estimate for the anticipated work to
complete the environmental clearance and associated technical resources reports for the above-
referenced project.
The Environmental Planner in our office that has been assigned to this project is Marshall Hayes.
Should you have any questions please do not hesitate to contact Marshall at (480) 967-1343 or via
e-mail at mhayes@logansimpson.com. We look forward to working with you on this project.
Sincerely,
Patricia R. McCabe
Principal Environmental Planner
Attachments: (1) Scope of Work; (2) Task Order Worksheet; (3) Terracon Scope of Work
S c o p e o f W o r k
Alleyway Rehab PM10 Dust Emissions Reduction 2
Logan Simpson Project No.: 213143
G E N E R A L
The City of Chandler (City), in coordination with the Arizona Department of Transportation (ADOT) is
planning a dust emissions reduction project on approximately 10.31 miles of alleys within Chandler,
Maricopa County, Arizona. The project includes replacing 4 to 6 inches of dirt and gravel with crushed
asphalt milling materials within 4 separate segments throughout the City. The alleys are currently used
by homeowners, utility companies, and garbage trucks to access backyards, utility boxes, and garbage
cans on a daily basis. The project will improve the alleyway surface, improve the air quality and recycle
material that would have been discarded from other street resurfacing projects.
The contractor/City will move solid waste cans to the front of houses and remove bulk trash placed in the
alley prior to construction. It is assumed that the contractor would be responsible for public involvement
and would notify all residents, businesses, and schools by flyer in advance of any street restriction or
construction that may affect access to any property. The project is federally funded and will therefore
require compliance with all federal requirements. The project area consists of City owned lands. No new
right-of-way or easements are anticipated to be necessary. No detours will be necessary, but utility
relocations may occur. Construction is anticipated to begin in Fiscal Year 2022/2023.
Logan Simpson will conduct the environmental investigations and prepare technical resource
documentation to support the National Environmental Policy Act (NEPA) compliance for the project. It is
anticipated that a Categorical Exclusion (CE) is the appropriate level of NEPA documentation for the
project. The CE is anticipated to be prepared by ADOT Environmental Planning (EP) in the CE Checklist
format in accordance with 23 U.S.C. 326 and a Memorandum of Understanding dated January 3, 2018, as
executed by the Federal Highway Administration (FHWA) and ADOT. It is anticipated that ADOT EP will
also prepare the Environmental Commitments and that ADOT will coordinate any necessary reviews of
the draft CE Checklist with the City and other ADOT EP staff.
The following activities are excluded from this Scope of Work:
Preparation of a Project Data and Field Review Form
Preparation of the CE Checklist or Environmental Commitments
Public meeting attendance or public scoping efforts
Class III survey; flagging of cultural resources sites for avoidance; evaluation of the built
environment; inventory of traditional cultural properties; separate historic road documentation;
preparation of Section 106 agreement documents or treatment plans; or archaeological
monitoring, testing, and/or data recovery
Preparation of a detailed Biological Evaluation or Biological Assessment
Formal Section 7 consultation with the US Fish and Wildlife Service (USFWS)
Management Indicator Species Report or Migratory Bird Analysis Report
Species-specific surveys
Wild and scenic river coordination
No business demographic surveys will be required.
Sole source aquifer coordination with the US Environmental Protection Agency
Logan Simpson Scope of Work
Alleyway Rehab PM10 Dust Emissions Reduction 2
March 16, 2021
Page 2
Clean Water Act Section 404 jurisdictional delineation, individual permit, or pre-construction
notification for geotechnical investigations or project construction
Clean Water Act Section 401 Individual Water Quality Certification for geotechnical investigations
or project construction
Visual field visit, coordination, technical analysis or report, or simulations
Natural Resources Conservation Service Farmland Conversion Impact Rating Corridors form
Section 4(f) consultation letters or Individual Section 4(f) evaluation document
Phase I Environmental Site Assessment, lead-based paint testing, asbestos testing or hazardous
materials monitoring
Quantitative noise or air analyses
Environmental Justice Evaluations
TASK 1 PROJECT MANAGE MENT, COORDINAT ION , AND MEETINGS
One Logan Simpson staff member will prepare for and attend a virtual project kick-off meeting and then
perform an in-person field review. Additionally, one Logan Simpson staff member will prepare for and
attend up to two, 1-hour progress meetings anticipated to occur via teleconference. Logan Simpson will
review design plans for compliance and prepare the scope of work description for ADOT’s completion of
the CE checklist. Logan Simpson will provide ADOT EP with copies of environmental compliance
documentation for the CE, as needed (e.g., project description, biological document, and hazardous
materials reports).
Logan Simpson will provide Premier and the City with schedule updates and project coordination efforts
over the course of the 6-month NEPA process, and will coordinate with ADOT EP. If project coordination
efforts for the project exceed this estimation, a Task Order Revision will be necessary. At the completion
of the project, Logan Simpson will complete project close out and submit records to Premier, the City, and
ADOT EP.
TASK 2 ENVIRONMENTAL CONSID ERATION S
Logan Simpson will compile the technical resources investigations and prepare environmental
considerations which will include a brief summary of various resources preliminary findings and any
recommendations for future action or associated mitigation measures. This memorandum will be
submitted to Premier and the City for their use. We anticipate one round of review of the memorandum
may be necessary.
TASK 3 BIOLOGICAL RE SOURCES
A detailed Biological Evaluation is not anticipated to be necessary for this project based on its location
and limited scope; therefore, a Biological Evaluation Short Form (BESF) will be completed for submittal
to ADOT EP. Logan Simpson will conduct an on-site reconnaissance-level survey of the project area; utilize
the Arizona Game and Fish Department’s (AGFD) Online Review Tool Report and USFWS Information for
Planning and Consultation (IPaC) species list provided by ADOT EP; conduct a literature review and
access GIS-based natural resource data to obtain current information regarding threatened, endangered,
and sensitive (TES) species occurrences in the project area; and document the absence of suitable or
Logan Simpson Scope of Work
Alleyway Rehab PM10 Dust Emissions Reduction 2
March 16, 2021
Page 3
occupied habitat for TES species in the BESF. Upon completion of the BESF, an electronic copy of the
draft document will be provided to ADOT EP and the City for review. Following incorporation of review
comments, an electronic copy of the final report will be provided to ADOT and the City.
TASK 4 HAZARDOUS MATE RIALS
Terracon, as a subconsultant to Logan Simpson, will prepare a Preliminary Initial Site Assessment (PISA)
(refer to attached Terracon Scope of Work). The PISA will consist of a records search and site visit to
determine if hazardous materials concerns are located within the project area. Logan Simpson will review
the report and provide any edits to Terracon for revision prior to submitting to the City and ADOT. Any
mitigation measures for the project identified in the PISA will be included by ADOT EP in the Environmental
Commitments, as needed.
Assumptions:
No lead-based paint or asbestos testing is necessary.
TASK 5 AGENCY SCOPIN G
Agency scoping will be conducted in accordance with ADOT EP Guidelines for Agency and Public Scoping
for Projects with Categorical Exclusions and Biological Scoping Guidelines (April 2019). Logan Simpson
will prepare and submit draft agency scoping letters and the distribution list to ADOT, the City, and Premier
for review and approval. The scoping letters will be prepared on City letterhead with City signature.
Preparation of the scoping letters will occur following team approval of the project description. Logan
Simpson will prepare the list of agencies according to ADOT EP guidelines.
Prior to mailing, electronic copies of the draft scoping letters and distribution list will be provided to the
ADOT EP NEPA planner assigned to this project for their review and approval. Following incorporation of
up to two rounds of review comments, Logan Simpson will mail the approved agency scoping letters and
assumes no more than 40 letters will be mailed. Logan Simpson will coordinate with ADOT and the City
regarding comments received from agencies and will provide up to 3 comment responses via phone or
email. Logan Simpson will provide a record of all scoping materials to ADOT EP and the City for the project
record.
Assumptions:
Only agency scoping is included in this scope of work and no public scoping efforts are
included.
TASK 6 CLASS L CULTURA L RESOURCES REC ORDS SEARC H
This project is federally funded; therefore it will require compliance with Section 106 of the National
Historic Preservation Act. Section 106 dictates the need for federal agencies to identify National Register
of Historic Places (NRHP)-eligible and listed properties, consider any effects the project may have on
historic properties, and conduct consultation with the State Historic Preservation Office (SHPO), Native
American Tribes, land-managing agencies, and other interested parties.
Due to the disturbed nature of the currently in-use alleyways, the potential for finding cultural resources
on the surface is highly unlikely. Therefore, a cultural resource survey is not warranted. Logan Simpson
Logan Simpson Scope of Work
Alleyway Rehab PM10 Dust Emissions Reduction 2
March 16, 2021
Page 4
will complete a Class I cultural resources records search of each of the four project segments. The
literature review will include the project area and a half-mile buffer at each location. The literature review
will examine relevant records from the National Register Information System, an online database of
properties that have been listed on the National Register of Historic Places (NRHP); AZSITE, an online
database of documented cultural resources within the state; and records at the Arizona State Museum’s
Archaeological Records Office. Additionally, historical documents, such as General Land Office (GLO) and
United State Geologic Survey (USGS) maps, will be evaluated for potentially undocumented cultural
properties.
Findings from the records search will be included in a Class I cultural resources assessment report to
provide further information about the cultural history of the project area. The Class I report will determine
the potential for subsurface deposits at each of the project locations in order to make recommendations
for archaeological monitoring during ground-disturbing activities. We anticipate submitting the draft
report within three weeks (15 business days) after receiving notice to proceed (NTP) for this project. An
electronic copy of the draft report will be submitted to the client for review. Logan Simpson will address
all comments on the survey report, then submit final deliverables to the client.
Logan Simpson will assist with Section 106 consultation by drafting consultation cover letters to be
submitted to consulting parties and Native American Tribes with the draft technical report. Logan
Simpson will provide the draft cover letter as a Microsoft Word file that can be modified as needed and
add the proper letterhead and signatures.
Terracon Consultants, Inc.
4685 S. Ash Avenue, Ste. H-4
Tempe, Arizona 85282
P [480] 897 8200
F [480] 897 1133
www.terracon.com
March 16, 2021
Mr. Marshall Hayes
Environmental Planner
Logan Simpson
51 West Third Street, Suite 450
Tempe, Arizona 85281
Re:
Scope & Cost Proposal
Preliminary Initial Site Assessment
City of Chandler Alley Rehab
Southwest of Knox Road and Arizona Avenue
Southwest of Ivanhoe Street and Alma School Road
East of Commonwealth Place and McQueen Road
Northeast of Frye Road and Cooper Road
Chandler, Maricopa County, Arizona
Logan Simpson Project No. TBD
ADOT TRACS No. TBD
Federal No. TBD
Terracon Proposal No. P65217233-revised
Dear Mr. Hayes:
Terracon is pleased to submit this cost proposal for providing environmental services for the subject
project. The proposed services include a Preliminary Initial Site Assessment (PISA). This proposal
includes an outline of the project information provided to us, the proposed scope of services, our fee,
and the proposed schedule.
A.
PROJECT INFORMATION
As we understand, Logan Simpson is undertaking environmental services for the City of Chandler (City)
and Arizona Department of Transportation (ADOT) for an alley improvement project. A description of
the project has been provided to Terracon by Logan Simpson:
The City, in coordination with the ADOT is planning a dust emissions reduction project on approximately
10.31 miles of alleys within Chandler, Maricopa County, Arizona. The project includes replacing 4 to 6
inches of dirt and gravel with crushed asphalt milling materials within 4 separate segments throughout
the City. The alleys are currently used by homeowners, utility companies, and garbage trucks to access
backyards, utility boxes, and garbage cans on a daily basis. The project will improve the alleyway
surface, improve the air quality and recycle material that would have been discarded from other street
resurfacing projects.
Proposal for PISA
City of Chandler Alley Rehab
Chandler, Arizona
March 16, 2021
Terracon Proposal No. P65217233
Responsive Resourceful
Reliable
2
The City will move solid waste cans to the front of houses and remove bulk trash placed in the alley
prior to construction. The project is federally funded and will therefore require compliance with all federal
requirements. No new right-of-way or easements are necessary. No detours will be necessary, but
utility relocations may occur. Construction is anticipated to begin in Fiscal Year 2022/2023.
We understand that ADOT will require a PISA for the project.
B.
SCOPE OF SERVICES
Terracon estimates that the field studies for the PISA site reconnaissance may be conducted during
one site visit over a period of one working day by one field person. We assume that the ADOT will
provide necessary site access and traffic control for assessment and sampling activities performed
by Terracon.
Preliminary Initial Site Assessment
Terracon will prepare a PISA for the areas identified by the client. The PISA will include a site
reconnaissance, site photographs, and review of a regulatory database report. Field work for the
PISA will be performed by staff that is 40-hour OSHA HAZWOPER certified, and that meets the
definition of an Environmental Professional by the ASTM E1527-13 standard. The report will include
a completed ADOT PISA Form. We anticipate that the draft PISA will be issued within approximately
five weeks after receiving written authorization to proceed and access to the site.
C.
COMPENSATION
The cost for our services, including all field work, database reports, and report preparation have been
based on the scope of work outlined above, estimates of time required to complete the various services.
The total cost estimate is $4,970.81 and a derivation of the cost proposal summary is attached.
We appreciate your consideration of Terracon for this work, and look forward to working as your
environmental consultant on this and future projects.
Sincerely,
Eric Lyding, P.E.
David M. Matson, CHMM
Project Environmental Engineer
Principal
Enclosure:
Derivation of Cost Proposal Summary
440 Wheelers Farms Road | Milford CT 06461 | 800-352-0050 | Fax 800-231-6802 |
www.edrnet.com
(800) 241-6476
440 Wheelers Farms Road | Milford CT 06461 | 800-352-0050 | Fax 800-231-6802 |
www.edrnet.com
Product*
Price**
Shipping Schedule
City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
EXHIBIT “B”
COMPENSATION AND FEES
1,227.78
$
3.1 Prepare and Update Project Schedule
1,227.78
$
1,227.78
$
4.1 Quality Control Plan
1,227.78
$
5,607.88
$
5.1 Perform Document Search for Utility Maps and As-builts
1,635.03
$
5.2 Investigate Existing Conditions
1,165.35
$
5.3 Video All Fences and Gates Along Alleyways
2,807.50
$
2,734.67
$
6.1 Coordination with Utilities (AUCC)
2,039.00
$
6.2 Prepare Utility Clearance Leters
695.67
$
5,231.18
$
7.1 Project Setup and Monthly Invoices
2,775.62
$
7.2 Coordination
2,455.56
$
10,229.50
$
8.1 Typical Alley Cross Section
681.43
$
8.2 Alley Maps
1,124.46
$
8.3 Drainage
1,663.51
$
8.4 Estimated Construction Costs
926.95
$
8.5 Draft Report
2,291.64
$
8.6 QA/QC
1,011.47
$
8.7 Review Meeting
1,391.34
$
8.8 Final Report
1,138.70
$
13,629.53
$
9.1 Prepare 90% CAD Base Plans
722.32
$
9.2 Prepare 90% Plans
6,269.78
$
9.3 Prepare 90% Technical Specifications and Federal Provisions
3,601.20
$
9.5 Prepare Construction Cost Estimate
688.55
$
9.6 QA/QC
1,454.50
$
9.7 Document Review with City (Over-the-Shoulder)
893.18
$
2,818.27
$
10.1 Prepare 100% Plans & Final Tech Specs
1,601.26
$
10.2 Final Environmental Documents (LSD)
-
$
10.3 100% Engineer's Cost Estimate
323.83
$
10.4 Submit to City Development Services
893.18
$
2,891.29
$
11.1 Incorporate Development Services Comments
1,131.58
$
11.2 Pre-Bid Conference
613.89
$
11.3 Issue Addenda as required
1,145.82
$
5,000.00
$
Allowance for Printing Expenses at Direct Cost
-
$
Owner's Allowance
5,000.00
$
21,779.00
$
Envrionmental Services (see attached fee proposal and scope)
21,779.00
$
TOTAL COST:
72,376.88
$
LOGAN SIMPSON
Lump Sum Cost Per Task
Task 5.0 Preliminary Research
Task 10.0 Construction Documents (100%)
Task 11.0 Bid & Award (Mylar Bid Submittal)
ALLOWANCES
Task 8.0 Scoping Document (Project Assesment)
Task 6.0 Utility/Agency Coordination
Task 7.0 Project Management and Administration
Task 9.0 Design Development (90%)
Task 4.0 Quality Control
Task 3.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-1"
TASK DESCRIPTION
ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
(FMA 16, 25, 39, 40)
ST2112
SUBTOTAL
PM
Sr. Engr.
PE/Prof
CADD /
Designer
Admin
Roger
Miles
Bob
Hansman
Michael
Schoen
Abern
Hayes
Joan
McIntire
$ 204.63 $ 201.71 $ 122.76 $ 119.20 $ 96.74
6
0
0
0
0
6
3.1 Prepare and Update Project Schedule
6
6
0
0
0
0
6
4.1 Quality Control Plan
6
4
0
6
34
0
44
5.1 Perform Document Search for Utility Maps
1
12
5.2 Investigate Existing Site Conditions
1
2
6
5.3 Video All Fences and Gates
2
4
16
5
0
12
2
0
19
6.1 Coordination with Utilities (AUCC)
4
8
2
6.2 Prepare Utility Clearance Letters
1
4
18
0
0
0
16
34
7.1 Project Setup and Monthly Invoices
6
16
7.2 Coordination
12
14
4
34
20
0
72
8.1 Develop Typical Alley Cross Section
1
4
8.2 Prepare Alley Maps
2
6
8.3 Analyze Existing Drainage
1
8
4
8.4 Prepare Construction Cost Estimate
1
2
4
8.5 Prepare Draft Project Assessment Report
4
12
8.6 Complete QA/QC Review
1
4
8.7 Conduct Review Meeting
2
8
8.8 Prepare Final Report
2
4
2
19
4
32
42
0
97
9.1 Prepare 90% CAD Base Plans
2
4
9.2 Prepare 90% Plans (7)
6
10
32
9.3 Prepare 90% Technical Specs and Federal
Provisions
8
16
9.5 Prepare 90% Construction Cost Estimate
1
2
2
9.6 Complete QA/QC Review
2
4
2
9.7 Document Review with City (Over-the-
Shoulder
2
2
2
5
0
2
13
0
20
10.1 Prepare 100% Plans and Tech Specs
2
10
10.3 Prepare 100% Engineer's Cost Estimate
1
1
10.4 Submit to City Development Services
2
2
2
7
0
8
4
0
19
11.1 Incorporate Development Services Comments
2
2
4
11.2 Pre-bid Conference
3
11.3 Issue Addenda as Required (2)
2
6
84
8
94
115
16
317
TOTAL HOURS:
TASK DESCRIPTION
6.0 Utility/Agency Coordination
8.0 Scoping Document (Project Assessment)
5.0 Preliminary Research
9.0 Design Development (90%)
10.0 Construction Documents (100%)
11.0 Bid & Award (Mylar Bid Submittal)
7.0 Project Management and Administration
EXHIBIT "B-2"
3.0 Project Schedule
4.0 Quality Control
TOTAL HOURS
PER TASK
< PROJECT ROLE
< NAME OF PERSON
< HOURLY RATES
Hours and Rates
ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
(FMA 16, 25, 39, 40)
ST2112
Logan Simpson Design Inc.
Project Name: Alleyway Rehab
PM10 Dust Emissions Reduction 2
LSD # 213143
Date: 3/16/2021
PM: Marshall Hayes
Math check done by:
Principal
Environmental
Planner
Environmental
Planner,
Associate
Permitting
Specialist, Sr.
Biologist, Sr.
Biologist,
Associate
Principal
Archaeologist,
Investigator
Archaeologist IV Archaeologist III Archaeologist II
GIS
Analyst,
Associate
GIS
Technician
Subtotal
Subtotal
Terracon
Total
Total Labor
Tasks
Hours
Costs
4,970.810
and Exp.
Task 1. Project Management,
Coordination, and Meetings
Prepare for and attend project kick-off
meeting and field review
1
3
4
501
$
-
$
501
$
Prepare for and attend two, 1-hour
progress meetings via teleconference
4
4
384
$
-
$
384
$
Coordination
2
20
22
2,346
$
-
$
2,346
$
Closeout
3
3
288
$
-
$
288
$
Subtotal Task 1 Labor
3
30
0
0
0
0
0
0
0
0
0
33
3,519
$
0
-
$
3,519
$
Task 2. Environmental Considerations
Prepare considerations
2
20
1
2
2
2
29
3,165
$
-
$
3,165
$
Revisions
1
2
3
405
$
-
$
405
$
Subtotal Task 2 Labor
3
22
1
2
0
0
2
0
0
2
0
32
3,570
$
0
-
$
3,570
$
Task 3. Biological Resources
Prefield/travel/site visit (1 biologist)
6
6
702
$
-
$
702
$
Prepare/QC technical report (BESF)
12
12
1,404
$
-
$
1,404
$
Subtotal Task 3 Labor
0
0
0
18
0
0
0
0
0
0
0
18
2,106
$
0
-
$
2,106
$
Task 4. Hazardous Materials
Prepare PISA, LBP, and ACM reports
0
-
$
1
4,971
$
4,971
$
Review reports
3
3
288
$
-
$
288
$
Subtotal Task 4 Labor
0
3
0
0
0
0
0
0
0
0
0
3
288
$
1
4,971
$
5,259
$
Task 5. Agency Scoping
Prepare letters
1
12
13
1,365
$
-
$
1,365
$
Prepare distribution list
1
5
6
693
$
-
$
693
$
Review and mailings
4
4
384
$
-
$
384
$
Subtotal Task 5 Labor
2
21
0
0
0
0
0
0
0
0
0
23
2,442
$
0
-
$
2,442
$
Task 6. Cultural Resources
Coordination
2
2
4
427
$
-
$
427
$
Background Research (AZSITE, ARO)
16
1
4
21
1,491
$
-
$
1,491
$
Report
20
4
24
2,122
$
-
$
2,122
$
Consultation letters
4
1
5
437
$
-
$
437
$
QAQC
1
2
3
405
$
-
$
405
$
Subtotal Task 6 Labor
0
0
0
0
0
1
4
26
16
1
9
57
4,882
$
0
-
$
4,882
$
Subtotal Labor Hours
8
76
1
20
0
1
6
26
16
3
9
166
16,808
$
1
4,971
$
21,779
$
Subtotal Labor Costs
$1,705
$7,296
$123
$2,340
$0
$165
$720
$2,431
$1,128
$333
$567
166
16,808
$
4,971
$
4,971
$
21,779
$
Labor
16,808
$
Expenses
4,971
$
Total Fee
21,779
$
Direct Expenses
Page 1 of 1
DIRECT LABOR:
Estimated
Labor
Man-hours
Rate
Cost
4
$99.70
$398.80
2
$73.31
$146.62
13
$64.51
$838.63
2
$51.61
$103.22
1
$36.36
$36.36
--------------
Total Labor Rate Cost:
$1,523.63
Overhead Cost, CT PAO 19.24 (170.52%):
$2,598.09
Labor Cost:
$4,121.72
Fee (10%):
$412.17
Total Labor
22
$4,533.90
DIRECT EXPENSES:
Mileage -- (38 miles at $0.445 per mile)
$16.91
Asbestos Field Sampling Kit
-
Lead Paint Sampling Kit
-
Meals
-
$16.91
OUTSIDE SERVICES:
--------------
$420.00
--------------
TOTAL COST:
$4,970.81
___________________________________
3/15/2021
Dave M. Matson, Principal
Date
Geologist
CADD Technician
DERIVATION OF COST PROPOSAL
SUMMARY
Classification
Environmental Coordinator
Engineer
Total Outside Services
Administrative
Total Direct Expenses
Lab Testing
Database Report (EDR)
4
105.00
$
/ea
$420.00
Lead Based Paint (Flame AA Analysis)
0
10.23
$
/ea
$0.00
Asbestos Analysis
0
6.14
$
/ea
$0.00
$420.00
$420.00
Federal ID No.:
TRACS No.:
Task Name:
PROPOSED
UNITS
UNIT RATE
TOTAL
PROJECT
SUBTOTAL COSTS FOR LAB TESTING
ASTM
DESIGNATION
TEST
TOTAL COSTS FOR LAB TESTING
4685 South Ash Avenue, Suite H-4
Tempe, Arizona 85282
480-897-8200 Fax:480-897-1133
440 Wheelers Farms Road | Milford CT 06461 | 800-352-0050 | Fax 800-231-6802 |
www.edrnet.com
Product*
Price**
Shipping Schedule
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 3/30/2021
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: ALLEYWAY REHAB PM10 DUST EMISSIONS REDUCTION 2
Project No.: ST2112.201
Rev. 11/1/19
EXHIBIT “D”
SPECIAL CONDITIONS
N/A