Agreement - Arcadis U.S., Inc.

City of Chandler Professional Services Agreement  
 Page 1  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
 
 
 
PROFESSIONAL SERVICES AGREEMENT 
Design Services 
HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No. WA2107.201 
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 Arcadis U.S., Inc., 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 Design Services for HUNT HIGHWAY WATER 
PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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 154 
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 $115,594 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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 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: 
Arcadis U.S., Inc. 
410 N. 44th St., Ste. 1000, Phoenix, AZ  85008 
Statutory Agent Name: CT Corporation System 
Statutory Agent Mailing Address: 
3800 N. Central Ave., Ste. 460 Phoenix AZ  85012 
Statutory Agent Physical Address: (if different than mailing address) 
Consultant’s Authorized Project Representative: 
Name:  Kim A. Tanner, PE 
Title:        
Mailing Address:  410 N. 44th St., Ste. 1000, Phoenix, AZ  85008 
Physical Address:        (if different than mailing address) 
Phone:  602-797-4636 
Email:  kim.tanner@arcadis.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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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. 
 
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must

City of Chandler Professional Services Agreement  
 Page 5  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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 
the completeness and accuracy of Consultant’s services, data, and other work prepared or

City of Chandler Professional Services Agreement  
 Page 6  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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 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

City of Chandler Professional Services Agreement  
 Page 8  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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 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

City of Chandler Professional Services Agreement  
 Page 9  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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 
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.

City of Chandler Professional Services Agreement  
 Page 10  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
 
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 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

City of Chandler Professional Services Agreement  
 Page 11  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
 Rev. 4/20/2021 
 
 
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

This Agreement will be in full force and effect only when it has been approved and executed 
by the duly authorized City officials. 
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. 
"CITY" 
CITY OF CHANDLER 
Recommended By: 
Andrew Goh, P.E. 
CIP City Engineer 
MAYOR 
APPROVED AS TO FORM: 
City Attorney 
ATTEST: 
City Clerk 
"CONSULTANT" 
Arcadis U.S., Inc. 
Seal 

-U,_,,,,_-


-1s/2oz t
Date 
l<\("Y'\ . F 
\ C\1--..ne...r 
Print Name 
k 1 "" • +o" " e...- @ s,.. c o.. d , .s . c.. ¢  
Signer Email Address 
City of Chandler Professional Services Agreement 
Public Works & Utilities Department, Capital Projects Division 
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
Rev. 4/20/2021 
Page 12

City of Chandler Professional Services Agreement – Exhibit “A” 
Page A-1  
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION  
Project No.: WA2107.201 
Rev. 4/20/2021 
 
 
EXHIBIT “A” 
SCOPE OF SERVICES/SCHEDULE

Mr. Hafiz Noor 
Project Manager 
City of Chandler 
PO Box 4008, MS 407  
215 E Buffalo Street, Suite 101 
Chandler, AZ 85244-4008  
Subject: 
WA2107.201 Hunt Highway WPF Ground Subsidence Mitigation Design  
Revised Proposal for Professional Engineering Services 
Dear Mr. Noor: 
Arcadis is pleased to submit this Revised Proposal to provide professional 
engineering services for design of subsidence mitigation Option 3 as Arcadis 
presented on February 9, 2021.  This Proposal has been revised based on 
comments received from the City regarding the prior scope and fee proposal 
submitted April 14, 2021.   
The Revised Scope of Work is attached as Exhibit A and reflects our approach 
which has been modified based on City comments received.  Our total proposed 
fee for the work presented in Exhibit B is $95,133.00, which includes limited survey 
work.  In addition, permitting has been moved to Allowances along with the City 
requested contingency amounts for a Total Cost for the project of $115,594.00.   
Based on City comments and resulting revisions, we anticipate a total schedule 
duration of approximately 22 weeks which includes permitting activities if 
necessary, and project closeout.  The project effort will be led by our Project 
Principal Mr. Kim Tanner, PE, our Project Manager/Senior Engineer Mr. Dane 
Whitmer, PE, and Arcadis qualified team members.  We appreciate this opportunity 
to continue working with the City of Chandler. Should you have any questions or 
comments, please don’t hesitate to call me at 602-797-4636. 
Sincerely, 
Arcadis U.S., Inc. 
Kim A. Tanner, P.E.  
Principal-in-Charge 
Enclosures: 
Exhibit A - Scope of Work 
Exhibit B - Fee Estimate 
Exhibit C - Project Schedule  
Arcadis U.S., Inc. 
410 N. 44th Street 
Suite 1000 
Phoenix 
Arizona 85008 Tel 
602 438 0883 Fax 
602 438 0102 
www.arcadis.com 
Date: 
April 20, 2021 
Contact: 
Kim Tanner, P.E. 
Phone: 
602-797-4636 
Email: 
kim.tanner@arcadis.com  
Our ref: 
30043441 
Page: 
1/1

1 
 
 
EXHIBIT A 
 
SCOPE OF WORK FOR 
PROFESSIONAL ENGINEERING SERVICES 
CITY OF CHANDLER 
HUNT HIGHWAY WATER PRODUCTION FACILITY 
GROUND SUBSIDENCE MITIGATION DESIGN 
WA2107.201 
INTRODUCTION  
  
The City of Chandler Hunt Highway Water Production Facility (HHWPF), located at 
2022 E. Hunt Highway, was designed in 1997 and constructed in 1998 to serve potable 
water to Zone 2 of the City’s distribution system. The WPF consists of a 2 million-gallon 
steel storage tank and a booster station equipped with 5 vertical turbine pumps.  Suction 
piping is arranged to pump from the 2 MG tank for discharge to Zone 2. 
City staff have noticed over a period of time that subsidence in the vicinity of the booster 
station has occurred such that the above-grade discharge piping is visibly displaced, as 
well as suction side valve boxes and other appurtenances. Evidence of subsidence has 
become more apparent over the last 12-18 months, and may have been exacerbated by a 
site flooding event that occurred approximately a year ago.  The City now feels that the 
booster station may be at risk for leakage, pipe breaks or other failure due to the noted 
subsidence. 
 
Arcadis performed a visual investigation along with a subsurface investigation in November 
2020 to determine a level of understanding of what components of the facility are potentially at 
risk and current operating conditions. These findings were summarized in the November 3, 
2020 technical memorandum Hunt Highway Water Production Facility Ground Subsidence 
Investigation by Arcadis.  Following the City’s acceptance of investigation findings, Arcadis 
developed alternatives with associated cost opinions and provided a recommendation for an 
alternative design in the February 23, 2021 technical memorandum Hunt Highway Water 
Production Facility Ground Recommended System Improvements.   
 
Based on the findings and recommendations as summarized in the Arcadis technical 
memoranda, the City has selected Alternative 3 - Excavate and Recompact for detailed design 
to correct subsidence issues at the HHWPF.  Therefore, the design and construction documents 
prepared for this project will cover the following:  
• Disassembling the above grade piping and excavating the soils in the impacted booster 
station area down to a depth of approximately 7 feet.

2 
 
• Requiring inspection and rehabilitation of the below grade piping as needed and replacing 
electrical wiring and conduits back to the electrical building. 
• Backfilling and recompacting with acceptable fill materials. 
• Constructing new concrete bases and resetting/repositioning pipe supports. 
• Rehabilitating and resetting and the above grade piping and valves. 
• Resetting above grade electrical conduit supports and retaping. 
• Regrading and paving the site to impede further wetting of subgrade soils by significant 
storm or maintenance events. 
• Testing and disinfecting the pipe for return to service. 
 
The following Scope of Work describes the activities associated with preparing the project design 
and related construction documents.  Construction documents are anticipated to include drawings 
and specifications consistent with the City of Chandler and MAG standards.  
  
SCOPE OF WORK 
TASK 1 – PROVIDE PROJECT MANAGEMENT 
 
Arcadis will perform project management activities based on best practices from Project 
Management Institute Project Management Body of Knowledge. Arcadis will perform 
project management activities in the following areas for Phases 1 and 2 inclusive. 
1.1   Initiate Project: 
The Kickoff Meeting will serve to schedule the work activities.  
1.2    Monitor and Control Project: 
Arcadis will report activities through project status calls. Project change 
control will involve identification of any requested changes, review and 
approval of changes, and application of corrective actions to control the scope, 
cost and schedule of the project.  
 
1.3 Closeout Project: 
Arcadis will debrief the City and perform closeout activities. Project 
closeout activities including archiving of project documents within 
Arcadis record files and final turnover of project deliverables in required 
format to the City. 
Meetings   
• One (1) Kickoff Meeting. 
• Five (5) monthly status calls.

3 
 
Deliverables   
• Kickoff meeting notes. 
• Monthly Invoices. 
• Monthly Progress Reports. 
City Responsibilities  
• Participate in status calls. 
• Identify meeting attendees and assist with scheduling. 
 
 
TASK 2 – CONDUCT LIMITED TOPOGRAPHIC SURVEY  
 
As part of the Basis of Design work, a limited verification of site topographic and equipment 
elevation information will be completed for confirmation of facility elevations for resetting 
piping / valves and re-grading and paving of the site to correct drainage.  The field check will 
consist of a survey to verify grade elevations, exposed piping, equipment, and components, as 
well as comparing the survey data to the Record Drawings and the City’s desired vertical 
datum.  If necessary, elevation information will be converted to the City’s standard vertical 
datum reference used for water facilities.  Arcadis will incorporate survey results into the Basis 
of Design and Construction Documents described in this SCOPE OF WORK.    
City Responsibilities  
• Provide access to the Hunt Highway WPF site. 
• Provided the City’s standard vertical datum reference used for water facilities. 
 
TASK 3 –  PREPARE DESIGN AND CONSTRUCTION DOCUMENTS 
Following City approval of the Task 3 Basis of Design, Arcadis will prepare the design, 
construction drawings and technical specifications.  Construction drawings will be developed 
using existing Record Drawings and the Task 2 supplemental survey data.  The original facility 
Record Drawings are anticipated to be used as screened background for construction drawing 
sheets.  The construction drawings and specifications will be prepared to the level of a bid 
ready package. 
 
Design work will conform to the latest version of the City of Chandler Water & Wastewater 
System Design Technical Design Manuals 1&2 and MAG standards.  Construction documents 
will be submitted for City review at the 60% and 90% levels of completion as described below. 
 
60% Project Completion 
At 60% design completion, Arcadis will submit for City review:  
• Progress construction drawing set including:  
- Civil and mechanical drawings.

4 
 
- Pipeline plan and profile.  
- Progress detail sheets for connections & appurtenances. 
• Draft of major specification sections, including a ductile iron pipe and gate valve 
specifications should these components require replacement based on inspection during 
construction.  
• Construction cost estimate. 
The 60% design will be presented to City staff in one (1) workshop session.  Based on City 
review comments, revisions will be incorporated into prior to the 90% completion 
submittal.  
 
90% Project Completion 
 
The final formal review workshop will be conducted by Arcadis at the 90% design completion 
stage, which essentially represents the completion of the design development process.  This 
workshop will focus on accuracy and completeness of the design product including: 
• Verifying that prior City comments on 60% completion submittal have been 
incorporated. 
• Validating compliance with City standards and requirements. 
• Reviewing drawing and specification consistency. 
• Addressing operational and constructability considerations. 
• Cost estimate refined from 60% level. 
 
Following the workshop, Arcadis will initiate permit review submittals as described under 
Task 5 herein.  
 
Final Project Completion 
 
Items identified in the 90% review will be incorporated in the final construction document bid 
ready package for City’s use in procuring construction services.   
 
 
Deliverables 
• Review design document sets at each level of completion. 
• 60% and 90% workshop agendas  
• 60% and 90% workshop notes 
• 60% and 90% cost estimates 
• One electronic copy of the Final construction documents incorporating City 
comments on the 90% set.

5 
 
 
TASK 4 - ALLOWANCES 
Fees for the following are included as Fee Allowances since the required effort is currently 
unknown. 
Permitting 
Following the project Kickoff Meeting, Arcadis will contact Maricopa County Environmental 
Services Department (MCESD) for an early determination of whether the Approval to 
Construct (ATC) and Approval of Construction (AOC) process will apply to the project.  If 
this project is considered as system maintenance, MCESD may not require permit review.  At 
the 90% level of completion, Arcadis will identify, coordinate and prepare permit submittal 
documents for MCESD if required.   
 
If the ATC/AOC process applies, the requirements of Chandler Water and Wastewater System 
Design Technical Design Manuals 1 & 2 (TDM 1&2), require that construction documents 
will bear the approval signature of MCESD prior to approval by the City.  Arcadis will route 
the request for ATC to the City Engineer through Civil Plan Review.  Arcadis will also 
respond to MCESD review comments after consulting with City staff and apprise the City of 
ATC review status. 
 
In accordance with TDM 1&2, once construction is complete, Arcadis will also prepare and 
submit the application for AOC and obtain final sign off through MCSED.    
Contractor Coordination / Bidding Assistance  
Arcadis will assist the City in coordinating with the City’s JOC for providing clarifications, 
responding to requests for information, reviewing contractor pricing, etc., as requested.  
Arcadis will provide similar as-requested services should the City deliver the project through 
conventional design-bid-build. 
Owner’s Contingency 
An amount representing approximately 10% of the design fee is included as a contingency for 
use at the sole discretion of the City. 
 
 
SCOPE OF WORK ASSUMPTIONS & EXCLUSIONS  
 
Assumptions 
• All work will be within the boundary of the HHWPF site.  
• Existing piping, valves, electrical equipment, and instrumentation are assumed to be 
reused and not replaced.  Only concrete piping supports, electrical conduits and wiring 
from the equipment to the electrical building are assumed to be replaced as new.  
However, specification sections will be provided for use in furnishing new gate valves

6 
 
and ductile iron piping should the existing components be in unsatisfactory condition as 
identified during construction. 
• Design drawings will be prepared using existing facility Record Drawings as screened 
background.  
• Geotechnical information from Phase 1 – Task 2 herein will be the initial geotechnical 
reference for design. 
• The prior Technical Memoranda prepared under the Ground Subsidence Investigation 
project shall serve as the design basis for this design phase and will be submitted with 
the ATC application to MCESD if permit review is required. 
• The cost estimate based on the construction drawings and specifications at the 90% 
level of completion will be an AAEE Class 2 estimate. 
• City will review and authorize ALLOWANCE budgets as needed. 
• City will pay all permit application fees. 
 
Exclusions 
• Construction Administration Services are not part of this Scope of Services and will be 
provided to the City if requested in a separate proposal.  
• Design and installation of new equipment, piping/valves or instrumentation is excluded. 
However, specification sections will be provided for use in furnishing new gate valves 
and ductile iron piping should the existing components be in unsatisfactory condition as 
identified during construction. 
• The storage tank and appurtenances are excluded. 
• Site communications and development of P&IDs is excluded.

City of Chandler Professional Services Agreement – Exhibit “B” 
Page B-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION  
Project No.: WA2107.201 
Rev. 4/20/2021 
 
 
EXHIBIT “B” 
COMPENSATION AND FEES

WA2107.201 
8,068.00
$         
Initiate Project
981.00
$            
Monitor and Control Project
5,788.00
$         
Closeout Project
1,299.00
$         
2,611.00
$         
Coordinate Survey Subconsultant Work
623.00
$            
Review and Interpret Results
1,988.00
$         
81,954.00
$       
60% Project Completion
68,040.00
$       
Workshop
941.00
$            
90% Project Completion
8,392.00
$         
Workshop
941.00
$            
Final Project Completion
3,640.00
$         
4. Allowances
20,461.00
$       
Permitting (ATC, City, AOC)
8,448.00
$         
Contractor Coordination / Bidding Assistance
2,500.00
$         
Owner's Contingency (10% of base fee)
9,513.00
$         
2,500.00
$         
TOTAL COST:
115,594.00
$     
3. Design and Constuction Documents
Survey Subconsultant (Task 2)
 SUBTOTAL 
1. Provide Project Management 
EXHIBIT B
HUNT HIGHWAY WPF GROUND SUBSIDENCE MITIGATION DESIGN    
TASK DESCRIPTIONS
2. Conduct Limited Topographic Survey
Lump Sum Cost Per Task
Arcadis U.S., Inc. 
410 N. 44th Street 
Suite 1000 
Phoenix 
Arizona 85008 
Tel 602 438 0883 
Fax 602 438 0102 
www.arcadis.com 
Page 1 of 1

Principal / 
Technical 
Expert
Sr. Engr.  
Engr. / I/C / 
Data Analyst
Technician / 
CAD 
Designer / 
Project 
Assistant
K.Tanner / 
Z.Wilsterman
D. Whitmer
J. Emmons
B. Freeman / 
J. Morrison
 $      265.00  $      179.00  $      159.00  $      138.00 
2
28
2
16
48
Initiate Project
1
4
5
Monitor and Control Project
20
16
36
Closeout Project
1
4
2
7
1
6
8
0
15
Coordinate Survey Subconsultant Work
1
2
3
Review and Interpret Results
4
8
12
6
52
65
440
563
60% Project Completion
4
32
45
392
473
Workshop
1
2
2
5
90% Project Completion 
8
16
32
56
Workshop
1
2
2
5
Final Completion
8
16
24
4
40
0
20
64
Permitting (ATC, City, AOC)
32
20
52
Contractor Coordination / Bidding Assistance
4
8
12
Owner's Contingency
13
126
75
476
690
Team Members / Roles
Jacob Emmons - Engineer
Brandon Freeman - Technician
Janet Morrison - Project Assistant
Kim Tanner, PE - Principal, Civil Technical Expert
Zane Wilsterman, PE - Electrical, Instrumentation & Controls Technical Expert
Dane Whitmer, PE - Senior Engineer
TOTAL HOURS:
TASK DESCRIPTIONS
3. Design and Construction Documents
4. Allowances
EXHIBIT "B-2"
1. Provide Project Management (Project Phases 1 & 2 )
2. Conduct Limited Topographic Survey
TOTAL HOURS   
PER TASK
< PROJECT 
ROLE
< NAME OF 
PERSON
 < HOURLY 
PHASE 1 - INVESTIGATION AND ALTERNATIVES DEVELOPMENT
Arcadis U.S., Inc. 
410 N. 44th Street 
Suite 1000 
Phoenix 
Arizona 85008 
Tel 602 438 0883 
Fax 602 438 0102 
www.arcadis.com

Arcadis-Water
City of Chandler
Prepared by: D. Whitmer
Hunt Hwy WPF Rehabilitation
Task Item
Description
TASK 1-Project Management
Billing
Close Out
Kick off Meeting
Contact AHJ
Task 5
Task 2-Limited Topographic Survey
Surveyor Coordination and Site Walk
Site Survey
Survey Document Prep and Delivery
Task 3-Basis of Design Technical Memorandum
Draft Memo
Collect and identify City Standards, 
materials, project definition
Workshop
Prepare Presentation and coordinate 
meeting, City document review
Final Memo
Incorporate comments
Task 4 - Prepare Design and Construction 
Documents
Digitize Record Drawing
Incorporate Survey Drawings
Prepare Base sheets and Specification TOC
Prepare 60% Documents
Civil/Mechanical/Electrical Plans and 
Profiles, Progress Detail Sheets, Major 
Specifications
Arcadis Internal Review
60% City Review
60% Arcadis Response
60% Workshop
Contact Permitting AHJ
Task 5: Prep discussions with AHJ to 
coordinate submissions
Prepare 90% Documents
Incorporate City Comments
Review 60% comments and workshop for 
incorporation
Review compliance of City and Industry Standards Includes update of Basis of Design Memo
Finalize details, address operational/constructability 
Items
Final Coordination of specs and drawing consistency
90% City Review
90% Arcadis Response
90% Workshop
Prepare, submit to AHJs for permitting, AHJ review
Task 5
Prepare Final Documents
Final document reviews
Document Punch lists completion Incorporate AHJ comments
Submittal to the City
Notes:
Rev 1: 4/14/2021
1.  Schedule does not account for Arcadis or City Holidays
Week 14
Exhibit B-3: Project Schedule
Weekending
Week 1
Week 2
Week 3
Week 4
Week 5
Week 6
Week 7
Week 8
Week 9
Week 10
Week 11
Week 12
Week 13
Week 21
Week 22
Week 23
Week 24
Week 15
Week 16
Week 17
Week 18
Week 19
Week 20

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
Rev. 4/20/2021 
 
 
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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
Rev. 4/20/2021 
 
 
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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
Rev. 4/20/2021 
 
 
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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
Rev. 4/20/2021 
 
 
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: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
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 Agreement. This 
license also includes the making of derivative works.

City of Chandler Professional Services Agreement – Affidavit of Lawful Presence 
Page AFF-2 
Public Works & Utilities Department, Capital Projects Division  
Project Name: HUNT HIGHWAY WATER PRODUCTION FACILITY GROUND SUBSIDENCE MITIGATION 
Project No.: WA2107.201 
Rev. 11/1/19 
 
 
 
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.