Agreement - Wilson Engineers, LLC
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City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER
SERVICES
Project No. WW1901.452
Council Date: July 15, 2021 Item No.
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________,
2021 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation,
("City''), and Wilson Engineers, LLC, an Arizona limited liability company, ("Consultant") (City
and Consultant may individually be referred to as “Party” and collectively referred to as
“Parties”).
RECITALS
A. City proposes to engage Consultant to provide Construction Management Services for
WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER
SERVICES project as more fully described in Exhibit "A", which is attached to and made a part
of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to contract with Consultant to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
City of Chandler Professional Services Agreement
Page 2
Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of
this Agreement. Unless amended in writing by the Parties, the Agreement term
expires 760 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 $4,776,670 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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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:
Wilson Engineers, LLC
1620 W. Fountainhead Pkwy., Ste. 501 Tempe, AZ 85282
Statutory Agent Name: Stephen M. Todd
Statutory Agent Physical Address: 1620 W. Fountainhead Pkwy.,
Ste. 501 Tempe, AZ 85282
Statutory Agent Mailing Address
Consultant’s Authorized Project Representative
Name: Uday Kumar Gandhe
Title: Principal
Physical Address: 1620 W. Fountainhead Pkwy., Ste. 501 Tempe,
AZ 85282
Mailing Address
Phone: 480-893-8860
Email: uday.gandhe@wilson-engineers.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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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
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Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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
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Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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
City of Chandler Professional Services Agreement – Exhibit “A”
Page A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
EXHIBIT “A”
POST DESIGN AND CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
WRF IMPROVEMENTS PROJECT
GENERAL DESCRIPTION
The City of Chandler has determined to complete improvements at both the Airport Water Reclamation
Facility (AWRF) and the Ocotillo Water Reclamation Facility (OWRF). The early procurement package
(GMP 1) was executed to procure some long lead equipment to maintain project schedule. The design
of the project is essentially complete and submitted to agencies for final reviews. The City is finalizing
the remaining construction contract for the WRF Improvements Project (GMP 2). This Post Design and
Construction Management scope of work will include effort by Wilson Engineers (Consultant) and will
involve Project Administration, Engineering and Resident Services during this phase (GMP 2) of the
Project.
PROJECT TASKS
1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Preconstruction Assistance
i. Not Included
2.
CONSTRUCTION MANAGEMENT
A. Task 2.1 Weekly Construction Meetings
i. Consultant must conduct weekly construction meetings. Each meeting includes
agenda and minutes; Request for Information (RFI); Shop Drawing; Request for
Information (RFI); Field Directive (FD); Material Certification; and Allowance Logs.
Consultant assumes 100 weekly meetings.
B. Task 2.2 CPM Schedule
i. Consultant’s opinions concerning various scheduling documents produced or used
by the Contractor are for information and not controlling on the Contractor. It is
Contractor’s responsibility to continue to exercise it’s independent judgement
concerning means, methods and sequences of construction it employs. The
Contractor remains solely responsible for meeting contract time(s) identified in the
construction documents.
ii. Review Progress Schedule: Consultant will review and critique the Contractor’s
progress schedule in accordance with the construction documents, Consultant will
examine work sequence, durations, interim milestones, and other appropriate
scheduling features in accordance with the requirements of the construction
documents. Consultant will prepare a summary of the baseline schedule review
comments and will meet and discuss the schedule comments with the Contractor
and the City. Consultant will provide recommendations for acceptance.
iii. Review Progress schedule updates: Consultant will review the Contractor's
progress schedule updates to the construction schedule in accordance with the
construction documents. Consultant will perform a review of progress
accomplished during the period and compare to planned schedule and discuss
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significant discrepancies with the Contractor. Consultant and Contractor will
establish, based on the data, the percent of Project completion. Consultant will
meet with Contractor on monthly basis to review and update the schedule data.
Based upon the schedule update, Consultant will recommend processing progress
payments. Consultant will identify CPM tasks behind schedule that may affect
critical path items, project substantial and final completion dates and initiate
correspondence to City regarding those tasks. Consultant assumes twenty reviews
of updated CPM schedule.
C. Task 2.3 Perform Site Visits
i. The Consultant’s design staff will make site visits appropriate for the type of
construction at periods appropriate to the various stages of construction to
observe, as an experienced qualified professional, the progress and quality of the
executed work of a Contractor and to determine in general, if such work is
proceeding in accordance with the design intent. The Consultant’s site visit or site
presence shall support the inspection needs and requirements established by the
City.
D. Task 2.4 Requests for Information (RFI’s)
i. Consultant will issue necessary interpretations and clarifications of the construction
documents; have authority, as City’s representative, to require special inspection
or testing of the work; act as initial interpreter of the requirements of the
construction documents and judge the acceptability of the work thereunder, and
make decisions on all claims of City and Contractor(s) relating to the acceptability
of the work or the interpretation of the requirements of the construction
documents pertaining to the execution and progress of the work. Consultant will
render interpretations or decisions in good faith and in accordance with the
requirements of the construction documents.
ii. Consultant will respond to the City’s representative and/or Contractor to clarify
and/or interpret technical or design-related questions. Consultant will respond to
issues raised during construction regarding interpretation and clarification of the
contractual administrative and technical requirements of the construction
documents. Consultant will serve as the City’s advisor in resolution of these issues.
iii. Consultant will prepare and maintain a submittal log of all RFI’s. Consultant
assumes a maximum of 550 RFI responses.
E. Task 2.5 Shop Drawing Submittals
i. Consultant will receive, review, evaluate, and distribute (or take other appropriate
action in respect of) shop drawings, samples, test results, and other data which
Contractor is required to submit. Consultant review shall be for conformance with
the design concept of the Project and compliance with the information given in the
construction documents. Such review or other action shall not extend to means,
methods, sequences, techniques, or procedures of construction selected by
Contractor(s), or to safety precautions and programs associated thereto.
Consultant will receive and review (for general contents as required by the
construction documents) maintenance and operating schedules and instructions,
operation and maintenance manuals, guarantees, and certificates of inspection,
which are to be assembled by Contractor(s) in accordance with the construction
documents.
ii. Consultant will maintain a submittal log showing dates of submittal, transmittal
action to other sub-consultants, dates of return, and review action. Copies of the
log shall be furnished to the City and the Contractor weekly. Consultant will
promptly and in accordance with Project schedule requirements, review and
approve, reject or take other appropriate action on the Contractor's request for
substitutions. Consultant will not approve any proposed substitution unless such
substitution conforms to the Project design concept and the construction
documents including the contract price.
iii. Task effort is based on receiving an estimated 1100 shop drawing submittals.
Submittal review efforts is based upon a maximum of two (2) reviews per submittal
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and that no more than fifty percent (50%) of the total number of first submittals
will require two (2) reviews.
F. Task 2.6 Requests for Proposal (RFP)
i. Consultant must prepare Requests for Proposal (RFP) documents detailing
requested additional work tasks; review and evaluate Contractor RFP responses
(cost deviations) with approval recommendations; and prepare and maintain a
submittal log list of all RFP’s. Consultant assumes seventy (70) RFPs.
G. Task 2.7 Field Directives (FD’s)
i. Consultant, without the City’s prior approval, may authorize or direct minor
changes in the Work which are consistent with the intent of the construction
contract documents and which do not involve a change in Project cost, time for
construction, Project scope, aesthetics, or approved design elements. Any such
minor changes shall be implemented by written field order. Except as provided in
this paragraph, Consultant shall not have authority to direct or authorize changes
in the Work without the City’s prior written approval; however, Consultant shall
provide a copy of any written field order to the City.
ii. Consultant will prepare and submit change order requests explaining the merits
for the change and a recommendation for the City’s approval and acceptance.
iii. Consultant will negotiate an agreement with the Contractor as to scope of work
and cost, time or both associated with the change in Work. The change order shall
include a written justification for the cost of the Work. Consultant will administer
and manage minor changes, change order requests, and change orders on behalf
of the City. Change orders shall be prepared on a standard form provided by the
City. Should a change order request be accepted by the City in the absence of
an agreement with the Contractor as to cost, time, or both, Consultant will:
A) receive and maintain all documentation pertaining to the change order
request required of the Contractor;
B) examine such documentation on the City’s behalf;
C) take such other action as may be reasonably necessary or as the City may
request; and
D) make a recommendation to the City concerning any appropriate adjustment in
the construction cost and/or time, and prepare a change order for Contractor's
acceptance and City approval.
iv. Changes and substitutions shall be limited to the scope of the Project as defined
by the construction documents or additional work as may be requested by the City.
Consultant will promptly consult with and advise the City concerning, and shall
administer and manage, all change order requests and change orders.
v. Consultant will prepare, when requested by the City, required drawings,
specifications and other supporting data regarding minor changes, change order
requests, and change orders. Consultant must prepare Field Directive (FD)
documents detailing requested additional work tasks; review and evaluate
Contractor FD responses with approval recommendations; and prepare and
maintain a submittal log list of all FD’s. Consultant assumes seventy (70) FD’s.
H. Task 2.8 Contractor Payment Applications
i. Consultant will review, prepare comments, and reach agreement with the
Contractor on the progress represented in the Contractor's schedule of values. The
monthly schedule update, schedule of values, in combination with Consultant’s
field inspections, and the progress schedule shall be used by Consultant to
determine the appropriateness of the Contractor's request for payment.
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ii. Consultant, as an experienced and qualified professional, and on review of
applications for payment and the accompanying data and schedules, determine
the amounts owed to Contractor and recommend in writing, payments to
Contractor in such amounts; such recommendations of payment will constitute a
representation to City, based on such inspections and review, that;
A) the work has progressed to the point indicated;
B) to the best of Consultant's knowledge, information and belief, the quality of
such work is in accordance with the construction documents (subject to an
evaluation of such work as a functioning Project upon Substantial Completion, to
the results of any subsequent tests called for in the construction documents,
and to any qualifications stated in the recommendation); and
C) payment of the amount recommended is due and owed to the Contractor.
iii. For unit price work, Consultant’s recommendations for payment will be a
determination of completed quantities of such work.
iv. Consultant assumes a maximum of 20 payment applications, with 2 reviews each.
I. Task 2.09 Public Outreach
i. Not Included
3.
CONSTRUCTION INSPECTION
A. Task 3.1 Inspection Services
i. The Resident Project Representative (RPR) and various Inspectors will be on-site
and will act as directed by Consultant, in order to assist Consultant in inspecting
performance of the work of the Contractor(s). Consultant will endeavor to provide
further protection for City against deficiencies in the work of Contractor(s) through
more extensive on-site inspections of the work and field checks of materials and
equipment by the RPR and Inspectors,. The furnishing of such RPR representation
will not make Consultant responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions or programs, or for
Contractor(s) failure to perform their work in accordance with the construction
documents. The Resident Project Representative (RPR) will be at the Project site
to be knowledgeable about the progress and quality of the work to:
A) Conduct on-site inspections of the work in progress to assist Consultant in
determining if the work is proceeding in accordance with the construction
documents and that completed work conforms to the construction documents.
B) Report to Consultant whenever it is believed that any work is unsatisfactory,
faulty, or defective, or does not conform to the construction documents, or does
not meet the requirements of inspections, tests or approval required to be made,
or has been damaged prior to final payment; and advise Consultant when it is
believed work should be corrected or rejected or should be uncovered for
inspection, or requires special testing, inspection or approval.
C) Verify that tests, equipment, and systems start-up and operating and
maintenance instructions are conducted as required by the construction
documents and in presence of the required personnel, and that Contractor
maintains adequate records thereof; inspect, record and report to Consultant
appropriate details relative to the test procedures and start-ups. Accompany
visiting inspectors representing public or other agencies having jurisdiction over
the Project, record the outcome of these inspections, and report to Consultant.
The RPR, as Consultant’s agent, will act as directed by and under the supervision
of Consultant. The RPR's dealings in matters pertaining to the on-site work shall
in general be only with Consultant and Contractor, and dealings with
subcontractors shall only be through or with the full knowledge of Contractor.
Written communication with City will be only through or as directed by Consultant,
and when appropriate, may be through the RPR.
5
ii. Certificates. Maintenance and Operation Manuals: During the course of the work,
review and determine that certificates, maintenance and operation manuals and
other data required to be assembled and furnished by Contractor are applicable to
the items actually installed; and deliver this material to Consultant for review and
forwarding to City prior to final acceptance of the work.
iii. Start-up Assistance: Start-up services shall be sufficient to transfer finished work
from a construction status to operating, functional system(s). Such services may
include review of Contractor's start-up plan, prepare and coordinate a start-up plan
and procedures for City personnel use, supervise during start-up procedures, and
assist City personnel during a period of initial operation.
iv. Special Inspection: During the course of the work, arrange and coordinate Special
Inspections for structural, mechanical, and electrical work as required by the
Special Inspection Certificates required by the City.
B. Task 3.2 Landscape / Irrigation Inspection Services
i. Not Included
C. Task 3.3 Project Closeout
i. Following notice from the Contractor, The Consultant will conduct an inspection to
determine if the Project or the work associated with interim milestones is
substantially complete in accordance with the construction documents. If the
Consultant considers the work substantially complete, the Consultant will deliver
to the City and the Contractor the Certificate of Substantial Completion and the
punch list, the date for completion of the punch list, and recommend the division
of responsibilities between the City and the Contractor. If the work is not
substantially complete, the process shall be repeated until the work is substantially
complete.
ii. The Consultant, upon completion of the punch list items as notified by the
Contractor, make final inspection. The inspection will be to determine if the
finished work is complete to the standard required by the construction documents,
and determine whether required inspections and approvals for permit compliance
are met. The Consultant will further verify whether the Contractor has fulfilled the
contractual obligations so that Consultant may recommend, in writing, final
payment to Contractor and may give written notice to City and the Contractor that
the work is acceptable, subject to any conditions therein expressed and in
consultation with the City, whether the work is finally complete. At or prior to the
final inspection, the Consultant will request the Contractor prepare and furnish;
1) Certification that all obligations for payment for labor, materials or equipment
related to the work have been paid and satisfied;
2) Certification that all insurance and bonds required of the Contractor beyond
final payment is in effect and will not be canceled or allowed to expire without
notice to the City;
3) Written consent of surety for final payment;
4) Record document information is complete and submitted;
5) All keys, manuals, required spare parts, guaranties and warranties, and other
documents necessary for close-out of the work; and
6) Verification of permit close-out including the Certification of Occupancy.
If the work is not finally complete, the process will be repeated until the work is
complete. Promptly after the work is determined to be finally complete and the
Consultant determines that the Contractor has properly submitted the items
required for final inspection, the Consultant will determine whether the Contractor
is entitled to final payment and, if so, will so certify to the City.
iii. The Consultant certification that the Contractor is entitled to final payment
constitutes the Consultant representation to the City that;
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1) the work complies with (a) the construction contract documents, (b) applicable
building codes, rules or regulations of all governmental authorities having
jurisdiction over the Project, and (c) applicable installation and workmanship
standards;
2) The Contractor has submitted proper Final Completion close-out documents;
and
3) The Contractor is entitled to final payment.
The Consultant will provide to the City, at the time it submits a signed final
payment request from the Contractor, all Final Completion close-out documents.
Consultant will not be responsible for the acts or omissions of any Contractor, or
subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or
employees or any other persons (except Consultant’s own employees and agents)
at the site(s) or otherwise performing any of the Contractor(s)' work;
4.
UTILITY COORDINATION
A. Task 4.1 Utility Coordination
i. The Consultant will coordinate with the Maricopa County Department of
Environmental Services and submit Approval of Construction (AOC) documents for
review and approval. The Consultant will also coordinate with the County to approve
multiple Temporary AOC’s for portions of the project that will need to be in operation
prior to the completion of the entire project. The Consultant will also coordinate
County site visits for the temporary and final AOCs.
ii. Consultant anticipates approximately eight submittals of Temporary AOC packages
to the County and multiple inspections (between 8 and 10) from the County for
Interim Approvals. The temporary AOC submittals will include markup as-built
drawings, all relevant test reports, draft O&M Manuals, and relevant construction
photos and review of the interim AOC paperwork with the County. The Consultant
shall review the draft AOC and provide comments to the County before interim AOCs
are finalized. The Consultant will coordinate these efforts with the City, Contractor
and the County to obtain interim approvals prior to beneficial use of facilities but
after completion of startup and testing of the facilities that are acceptable to the
City. The Consultant will also coordinate one final inspection each for the Airport
WRF and Ocotillo WRF and the effort includes submission of all paperwork associated
with the Final AOC.
5.
MATERIALS TESTING
A. Task 5.1 Quality Control (QC) Test Program
i. Consultant shall review and verify Contractor’s Quality Control material test type
and frequencies are consistent with City, and MAG requirements.
ii. Consultant
shall
review
Contractor’s
QC
test
schedule
and
provide
recommendations on acceptance.
iii. Consultant shall review all Contractor sampling, test and inspection results for
conformance with construction documents.
B. Task 5.2 Quality Assurance (QA) Test Program
i. Consultant shall prepare and maintain a materials Quality Assurance plan per City,
and MAG requirements.
ii. Consultant shall coordinate with Contractor’s testing representative to obtain
required QA tests and sample.
iii. Consultant shall complete sampling and compaction testing of subgrade aggregate
base and asphalt concrete materials in new asphalt concrete pavement areas,
concrete structures, and underground utilities.
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6.
RECORD DRAWINGS
A. Task 6.1 Record Drawings
i. The Consultant will prepare a set of record drawings showing those changes made
during construction. Record drawing information shall be based on marked-up
prints, drawings, and other data furnished by Contractor(s) to the Consultant.
ii. The Consultant will provide stamp/certification on record drawings cover sheet, as
well as ensure that all required signatures are present on the cover sheet.
iii. The Consultant will provide and deliver record drawings in mylar, paper and digital
pdf format to the City as required for as-built submittal process to the City Project
Manager.
7.
ALLOWANCES
A. Task 7.1 Start-up Assistance
i. The Contractor will be working at two operating wastewater treatment facilities.
There will be multiple shutdowns associated with the new work that needs to be
performed within the vicinity of existing structures, process areas, channels etc.
Extensive coordination is required with the Contractor to keep plant shutdowns
and disruptions to a minimum.
ii. The Consultant shall review the Contractor’s proposals for any temporary
conveyance and/or processing facilities. For work within the areas of process
shutdowns, the Consultant shall review list of labor materials, estimation of time,
and equipment necessary and written description of the work.
iii. New process areas/equipment will come on line as soon as they are installed and
start up services will need to be completed to bring equipment online. The
Consultant shall provide start up assistance services. Such services will include
review of contractor’s start-up checklist, coordinate start-up plan and procedures
for City personnel use, supervise during start up procedures, trouble shoot and
assist the City staff during the period of initial operation.
iv. The start-up process will include a planned, systematic approach to verify that
facility systems operate as intended and there is an orderly transition from
construction phase to routine operation. The start-up program will include four
phases with estimated durations as follows:
v. Start-up Plan: Consultant will review a start-up plan and procedures prepared by
the Contractor with the City staff. The start-up plan will include identification of
key milestone activities necessary for orderly start-up of the facilities. The
milestone activities will include completion of any construction activities required
for substantial completion, coordination of required Contractor maintenance
activities, etc. The plan shall include the coordination of the activities with the
equipment vendors, subcontractors, programming sub consultant and the plant
staff and identify the time required and roles and responsibilities during start-up
activities. The start-up of activities shall be coordinated with the construction
sequencing and MOPO activities.
vi. The Consultant will assist the Contractor with the start-up and testing of new
facilities. Following a sequentially coordinated initial start-up of the facility, the
facility would be operated continuously. The Consultant will verify that, all
mechanical equipment, associated valves and control devices, and any other
components operate properly under actual operating conditions. This includes the
verification that all hardwired electrical control interlocks and safeguards are
functioning properly. The Consultant will verify that all mechanical equipment, and
instrumentation system components are operating properly under actual operating
conditions. This includes the verification that all software based electrical/process
8
control monitoring, interlocks, automatic control logic, alarms, and report
generation subroutines.
vii. The Consultant will maintain documentation of the areas of operational concern
encountered during the manual start-up phase with a determination of whether
the item of concern is a Contractor warranty issue or requires a design
modification. The Consultant will monitor the documented concerns and promptly
notify the Contractor of all warranty issues.
viii. Design modifications that may be necessary, will be promptly evaluated by the
Consultant and recommendations will be presented to the City for a determination
of the necessity for implementation. The Consultant will complete the necessary
check out of the instrumentation system components and initial loading of the
control software simultaneously computer operation mode can be verified for each
process
ix. After completion of the start-up of process units, the Consultant shall coordinate
with the City and prepare a list of outstanding items that will need to be completed
by the Contractor.
B. Task 7.2 MOPO Coordination
i. Consultant shall assist the Contractor the MOPOs and MOPO coordination.
ii. Consultant shall attend weekly or periodic MOPO meetings during the construction
phase of the project.
iii. Consultant shall assist the Contractor with Mock Shutdown(s) as necessary if
needed to verify current conditions.
iv. Conduct pre-MOPO walkthrough with the Contractor and all relevant parties (City,
subcontractors etc) prior to every MOPO to verify all equipment and back up
contingencies are in place.
v. Communicate and monitor throughout each MOPO duration and conduct any
special inspections necessary during each MOPO. The Consultant shall verify
workmanship of MOPOs and troubleshoot any issues that come up.
C. Task 7.3 Contractor and Equipment Manufacturer Training Coordination
i. The Consultant will review and coordinate Contractor's training plan and
instruction materials for compliance with Construction Documents. Contractor or
Manufacturer training presentations shall be scheduled and coordinated with City
and facility operation.
ii. Consultant will coordinate and monitor the Contractor’s and manufacturer’s
training of City personnel.
iii. Discuss the preliminary course and lesson plan development with the Contractor
and the manufacturer/supplier. Meet with City’s operational staff and the
Contractor for these discussions.
iv. Review and approve lesson plans and course materials, act as a liaison between
the City and the Contractor, Monitor training sessions, monitor attendance,
evaluate course, and assist in class room discussions. After completion of the
training sessions, follow up with the City to coordinate and discuss with the City if
additional sessions are necessary to complete the project scope.
9
D. Task 7.4 Systems Training
i. Consultant will provide instruction to City personnel on the Project objectives,
design intent, and system operational procedures. Consultant will provide training
on the design and operation of the major process systems that are part of this
project to the City prior to substantial completion.
ii. Specific training services shall consist of the following:
iii. Prepare training outline, schedule and lesson plan format for review and approval
by City.
iv. Review training plans and presentation materials including training guides for the
major process systems and submit to City for review before finalizing by the
contractor. The lesson plans shall include the following subjects;
1. purpose and design intent of system;
2. process operations and principles;
3. system controls and control strategies
4. specific safety procedures and hazards;
5. specific sampling, monitoring, and process calculations; and
6. system orientation and hands-on demonstration.
v. Conduct training on the major process systems. Training may consist of classroom
training for each system, followed by field orientation or hands-on instruction.
E. Task 7.5 Update Operations Manual and electronic Operations Manual
i. The Consultant will update the current Operations Manual content to reflect
modifications to processes at the Ocotillo WRF, Airport WRF facilities. The Ocotillo
WRF currently maintains two separate operations manuals, one for the MLE
Process Train and an electronic Operations Manual for the MBR Process Treatment
Train.
ii. The content development process for the manual is designed to meet City goals
and objectives for content that meets user needs and is presented in an
understandable, easy-to-read style. The content level of detail, format, and
organization will comply with format and layout to meet the City’s standard.
iii. Each chapter for the major systems will consist of the following sections:
Background, Theory, Operating Strategies, Equipment & Control Description,
Procedures, Design Criteria, Troubleshooting, Safety, Alarms, Drawings, figures
and Photographs. These procedures will be field verified by the Consultant with
assistance from the plant staff.
iv. Workshop(s) will be held with the City prior to content development activities to
provide an overview of the content to be developed, to identify key City staff to
review draft chapters, and to establish a review schedule. The City will be provided
with interim deliverables of completed sections as the construction of major areas
of the facility are completed. As each chapter is completed, the Consultant will
submit draft chapters to the City for their review and comment. The Consultant
to incorporate comments into the final documents.
v. Prior to submitting the final version of the manual and transferring to the City, the
Consultant will conduct a detailed final validation and field verification process.
Through this important quality control activity, the Consultant will verify that:
1) Content has been field-verified and checked at the installation.
2) Photographs are current and are reflective of well-maintained and clean
conditions.
10
3) Relevant documentation, such as scanned documents, figures and drawings are
appropriately categorized for insertion into the database.
4) Standard Operating Procedures are accurate and reflect actual “as-operated”
conditions
vi. Additions and modifications to the facility Operations Manual will cover new, or
any modified and upgraded pump station and auxiliary systems included in the
Project. New areas of the facility will be created as new sections of the Manual
and will be completed in conjunction with the specific completion milestones of
construction.
F. Task 7.6 Programming Assistance and Coordination
i. The Consultant will assist the Contractor during the system configuration phase of
the project. As part of this task the Consultant will assist the contractor in
implementation of functional requirements outlined as part of the project
documents. The Consultant shall conduct weekly meetings with the Contractor
and the City to clarify and review Contractor’s progress of the work regarding I&C
and programming work.
ii. The Consultant will provide assist the Contractor with the PLC Programming and
Startup Services for the Facility. The scope of services will include attending
witness at Factory Acceptance Testing (FAT), witness SCADA interface testing,
participate in I/O field point-to-point testing, configuration and set-up of any Radio
communication to the City SCADA system as necessary, and witness calibration
checks and sign calibration reports.
iii. The Consultant will participate in loop checks of all communication
ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS
The extent and limitations of the duties, responsibilities, and authority of Consultant as assigned herein
shall not be modified, except as Consultant may otherwise agree in writing. City’s instructions to
Contractor(s) shall be issued through Consultant, who shall have authority to act on behalf of the City to
the extent provided in this Scope of Services, except as otherwise provided in writing.
Consultant shall not be responsible for the means, methods, techniques, sequences, or procedures of
construction selected by Contractor, unless otherwise specified in the construction documents or the
safety precautions and programs incident to the work of Contractor. Consultant efforts shall be directed
toward providing a greater degree of confidence for the City that the completed work of Contractor shall
conform to the Contract Documents, but Consultant shall not be responsible for the failure of Contractor
to perform the work in accordance with the construction documents.
The Consultant review shall only be for conformance with the design concept of the Project and
compliance with the information given in the construction documents. Such review or other action shall
not extend to means, methods, sequences, techniques, or procedures of construction selected by
Contractor or to safety precautions and programs incident thereto. The Consultant shall receive and
review (for general contents as required by the construction documents) maintenance and operating
schedules and instructions, operation and maintenance manuals, guarantees, bonds, and certificates of
inspection which are to be assembled by Contractor in accordance with the construction documents.
Consultant shall not be responsible for the acts or omissions of the Contractor, or subcontractor, or any
of the Contractor's or subcontractor's agents or employees, or any other persons (except Consultant own
employees and agents) at the site or otherwise performing any of the Contractor's work;
Limitations of Authority: Except upon written instructions, the Consultant:
1. will not authorize any deviation from the Contract Documents or approve any substitute
materials or equipment;
11
2. will not undertake any of the responsibilities of Contractor, subcontractors or Contractor's
superintendent, or expedite the work;
3. will not advise on or issue directions relative to any aspect of the means, methods,
techniques, sequences or procedures of construction unless such is specifically called for in
the Construction Documents;
4. will not advise on or issue directions as to safety precautions and programs in connection
with the work; and
5. will not authorize City to occupy the Project in whole or in part.
Reimbursable costs allowance shall be utilized to reimburse for items such as reproduction, delivery,
and mileage.
Application fees for City reviews and permits will be paid by CITY. The Owner’s Allowance will only be
utilized with prior written approval from the City representative.
City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
EXHIBIT “B”
COMPENSATION AND FEES
Task
Cost
1
1.1
-
$
-
$
2
2.1
234,260.00
$
2.2
57,700.00
$
2.3
Perform Site Visits
214,060.00
$
2.3
288,980.00
$
2.4
848,000.00
$
2.5
53,500.00
$
2.6
186,660.00
$
2.7
52,760.00
$
2.8
-
$
1,935,920.00
$
3
3.1
1,778,400.00
$
3.2
-
$
3.3
33,560.00
$
1,811,960.00
$
4
4.1
59,920.00
$
59,920.00
$
5
5.1
14,140.00
$
5.2
34,580.00
$
48,720.00
$
6
6.1
93,200.00
$
93,200.00
$
7
7.1
143,690.00
$
7.2
143,420.00
$
7.3
37,270.00
$
7.4
104,860.00
$
7.5
125,180.00
$
7.6
71,080.00
$
625,500.00
$
152,700.00
$
15,000.00
$
6,750.00
$
25,000.00
$
199,450.00
$
2,000.00
$
-
$
2,000.00
$
4,776,670.00
$
Public Outreach
Field Directive (FD)
Contractor Payment Applications
EXHIBIT "B"
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FEE SCHEDULE
UTILITY COORDINATION
Description
Requests for Proposal (RFP)
CPM Schedule
Requests for Information (RFI)
Shop Drawing Submittals
Pre-Construction Assistance
Weekly Construction Meetings
PRE-CONSTRUCTION ASSISTANCE
CONSTRUCTION MANAGEMENT
SUBTOTAL TASK 1:
Inspection Services
CONSTRUCTION INSPECTION
SUBTOTAL TASK 2:
SUBTOTAL TASK 3:
Landscape/Irrigation Inspection Services (IF APPLICABLE)
Project Closeout
SUBTOTAL TASK 5:
QA Test Program
Utility Coordination
QC Test Program
MATERIALS TESTING
SUBTOTAL TASK 4:
Owner's Allowance
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
SUBTOTAL TASK 6:
SUBTOTAL SUBCONSULTANTS:
Kennelly & Associates (HVAC Services
RAMM (Qualtiy Assurance Testing)
RECORD DRAWINGS
SUBCONSULTANTS
ALLOWANCES
Direct Expense Allowance
Record Drawings
ALLOWANCES
SUBTOTAL TASK 4:
Startup Assistance
MOPO Coordination
Contractor and Eqpt Manufacturer Coordination
Systems Training
Update Operations Manuals and e Operations Manual
Programming Assistance and Coordination
Gannett Fleming (Structural Services)
Motley Design Group (Architectural Services)
Principal
Sr. PM
(Design)
Sr. PM
(Const)
Resident
Project Rep.
Sr. Eng
Project Engineer /
Prof
Lead Const.
Inspector
Const.
Inspector
Lead Elec.
Inspector
Senior CADD
Tech
Senior
Admin
Uday
Gandhe
Sreeram R.,
Dave M
Craig H
Damien
T., Phani
P
Kiliegh P., Katie G.,
Abhinay S. Elvin R,
John S
Jeff J.,Toby T
Brandon O.,
Kristen R
Jason Gilley
Kam C, Julius
C
Brandy
Nixon
$ 215.00 $ 195.00 $ 195.00 $ 160.00 $ 170.00 $ 145.00 $ 145.00 $ 125.00 $ 145.00 $ 115.00 $ 95.00
0
0
0
0
0
0
0
0
0
0
0
0
Preconstruction Assistance
0
0
0
0
0
0
0
0
0
0
0
0
120
608
480
840
1920
6860
596
336
424
120
408
12712
Weekly Construction Meetings
40
80
200
400
120
240
180
0
120
0
88
1468
CPM Schedule
0
0
60
80
0
0
120
80
40
0
0
380
Perform Site Visits
4
80
0
0
480
800
0
0
0
0
0
1364
Requests for Information
24
80
16
80
320
1020
80
80
80
80
80
1940
Shop Drawing Submittals
40
240
0
0
820
4400
0
0
0
0
160
5660
Request for Proposals
4
8
64
120
0
0
56
16
64
0
0
332
Field Directives
4
120
80
80
180
400
80
80
80
40
80
1224
Contractor Payment Applications
4
0
60
80
0
0
80
80
40
0
0
344
Public Outreach
0
0
0
0
0
0
0
0
0
0
0
0
4
4
736
3160
160
480
3440
2440
1640
0
240
12304
Inspection Services
0
0
720
3120
160
480
3360
2400
1600
0
240
12080
Landscaping and Inspection Services (N/A)
0
0
0
0
0
0
0
0
0
0
0
0
Project Closeout
4
4
16
40
0
0
80
40
40
0
0
224
0
16
0
0
80
240
0
0
0
40
40
416
Utility Coordination
0
16
0
0
80
240
0
0
0
40
40
416
0
0
8
56
0
0
120
120
40
0
0
344
QC Test Program
0
0
4
16
0
0
40
40
0
0
0
100
QA Test Program
0
0
4
40
0
0
80
80
40
0
0
244
0
16
0
0
120
240
16
0
40
160
88
680
Record Drawings
0
16
0
0
120
240
16
0
40
160
88
680
32
92
20
128
620
1808
744
200
304
88
228
4264
Start up Assistance
2
24
4
40
100
400
240
80
80
0
0
970
MOPO Coordination
8
24
16
80
80
168
400
40
120
4
24
964
Contractor and Eqpt Manufacturer Coordination
2
4
0
4
40
120
24
0
24
4
40
262
Systesm Training
8
16
0
4
80
400
80
80
40
0
4
712
Update Operations Manuals and e Operations
Manual
4
16
0
0
160
480
0
0
0
80
160
900
Programming Assistance and Coordination
8
8
0
0
160
240
0
0
40
0
0
456
156
736
1244
4184
2900
9628
4916
3096
2448
408
1004
30720
5. Materials Testing
6. Record Drawings
TOTAL HOURS:
7. Allowances
4. Utility Coordination
EXHIBIT "B‐2"
Hours and Rates
< PROJECT ROLE
< NAME OF PERSON
< HOURLY RATES
TASK DESCRIPTION
TOTAL HOURS
PER TASK
1. Preconstruction Assistance
2. Construction Management
3. Construction Inspection
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 5/11/2021
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
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: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
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.
1. Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker
from Consultant’s firm must not be allowed to begin work in any City facility without: (A)
The prior completion and City's acceptance of the required background screening; and (8)
when required, the Contract Worker's receipt of a City issued badge. A badge will be issued
to a Contract Worker solely for access to City facility(s) to which the Contract Worker is
assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker.
2. Badges. After receipt of the badge application, the Contract Worker will proceed to the
Badging Office for processing of the badge application and issuance of the badge. City will
not process the badge application until the Contract Worker satisfies the required
Background Screening (as defined herein). The Contract Worker must comply with all
requirements and furnish all requested information as requested by the Badging Office.
Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
3. Key Access Procedures. If the Contract Worker's services require keyed access to enter a
City facility(s), a separate key issue/return form must be completed and submitted by
Consultant for each key issued.
4. Stolen or Lost Badges or Keys. Consultant must report lost or stolen badges or keys to City
immediately. A new badge application or key issue form must be completed and
submitted along with payment of the applicable fees prior to issuance of a new badge or
key.
5. Return of Badges or Keys. All badges and keys are the property of City and must be
returned to City at the Badging Office within one (1) business day of when the Contract
Worker's access to a City facility is no longer required to furnish the services under this
Agreement. Consultant must collect a Contract Worker's badge and key(s) upon the
termination of the Contract Worker's employment; when the Contract Worker's services
are no longer required at the particular City facility(s); or upon termination, cancellation
or expiration of this Agreement.
6. Consultant’s default under this Section must include, but is not limited to the following:
(1) Contract Worker gains access to a City facility(s) without the proper badge or key; (2)
Contract Worker uses a badge or key of another to gain access to a City facility; (3) Contract
Worker commences services under this Agreement without the proper badge, key or
Background Screening; (4) Contract Worker or Consultant submits false information or
negligently submits wrong information to City to obtain a badge, key or applicable
Background Screening; or (5) Consultant fails to collect and timely return Contract
Worker's badge or key upon termination of Contract Worker's employment, reassignment
of Contract Worker to another City facility or upon the expiration, cancellation or
termination of this Agreement. Consultant acknowledges and agrees that the access
City of Chandler Professional Services Agreement – Affidavit of Lawful Presence
Page AFF-3
Public Works & Utilities Department, Capital Projects Division
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS - GMP 2 CONSTRUCTION MANAGER SERVICES
Project No.: WW1901.452
Rev. 11/1/19
control, badge and key requirements in this Section are necessary to preserve and protect
public health, safety and welfare. Accordingly, Consultant agrees to properly cure any
default under this Section within three (3) business days from the date notice of default is
sent by City. The parties agree that Consultant’s failure to properly cure any default under
this Section must constitute a breach of this Section. In addition to any other remedy
available to City at law or in equity, Consultant must be liable for and must pay to City the
sum of one thousand dollars ($1,000.00) for each breach by Consultant of this Section.
The parties further agree that the sum fixed above is reasonable and approximates the
actual or anticipated loss to City at the time and making of this Agreement in the event
that Consultant breaches this Section. Further, the parties expressly acknowledge and
agree to the fixed sum set forth above because of the difficulty of proving City's actual
damages in the event that Consultant breaches this Section. The parties further agree that
three (3) breaches by Consultant of this Section arising out of any default within a
consecutive period of three (3) months or three (3) breaches by Consultant of this Section
arising out of the same default within a period of twelve (12) consecutive months will
constitute a material breach of this Agreement by Consultant and City expressly reserves
all of its rights, remedies and interests under this Agreement, at law and in equity
including, but not limited to, termination of this Agreement.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
6/14/2021
Professional Underwriters of AZ, Inc.
P.O. Box 5419
Scottsdale AZ 85261-5419
Justin Stewart-Maynard
480-483-0440
justin@prounderwriters.com
License#: 1800004061
RLI Insurance Company
13056
WILSENG-01
Hartford Ins. of SE
38261
Wilson Engineers, LLC
1620 W Fountainhead Suite 501
Tempe AZ 85282
1655340690
A
X
2,000,000
X
1,000,000
10,000
2,000,000
4,000,000
X
Y
Y
PSB0001272
1/1/2021
1/1/2022
4,000,000
A
1,000,000
X
Y
Y
PSA0001073
1/1/2021
1/1/2022
B
X
Y
59WECAJ9ADF
1/1/2021
1/1/2022
1,000,000
1,000,000
1,000,000
A
Professional Liability
Architect/Engineer
Y
RDP0041543
11/8/2020
11/8/2021
Per Claim
Annual Aggregate
1,000,000
2,000,000
RE: Water Reclamation Facility Improvements - GMP 2 Construction Manager Services, Project No. WW1901.452
The City of Chandler, its agents, representatives, officers, directors, officials and employees are additional insured as indicated. Coverages afforded are primary
and non-contributory basis. Waiver of subrogation and severability of interests included.
Attached: PPB304 02 12, PPA300 03 13, WC000313
City of Chandler
Public Works & Utilities Department
P.O. Box 4008
Mail Stop 407
Chandler AZ 85244-4008
Policy Number:
RLI Insurance Company
Named Insured:
PPB 304 02 12
Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY
1.
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury",
"property
damage"
or
"personal
and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a.
In the performance of your ongoing operations;
b.
In connection with premises owned by or rented
to you; or
c.
In connection with “your work” and included
within
the
“product-completed
operations
hazard”.
2.
The insurance provided to the additional insured by
this endorsement is limited as follows:
a.
This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b.
This insurance does not apply to the rendering
of
or
failure
to
render
any
"professional
services".
c.
This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3.
The following is added to SECTION III H.2. Other
Insurance
–
COMMON
POLICY
CONDITIONS
(BUT
APPLICABLE
ONLY
TO
SECTION
II
–
LIABILITY)
However, if you specifically agree in a contract or
agreement
that
the
insurance
provided
to
an
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a.
The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b.
The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4.
The following is
added
to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us
–
COMMON
POLICY
CONDITIONS
(BUT
APPLICABLE
TO
ONLY
TO
SECTION
II
–
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract
or
agreement
with
such
person
or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PSB0001272
Wilson Engineers, LLC
Policy Number:
RLI Insurance Company
Named Insured:
PPA 300 03 13
Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I.
Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement
Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PSA0001073
Wilson Engineers, LLC
PPA 300 03 13
Page 2 of 5
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-
iness Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days
following the acquisition or formation of the business
entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any “employee” of yours is an “insured” while using
a covered “auto” you don't own, hire or borrow in
your business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage
form in a contract or agreement that is executed by
you before the “bodily injury” or “property damage”
occurs is an “insured” for liability coverage, but only
for damages to which this insurance applies and
only to the extent that person or organization
qualifies as an “insured” under the Who Is An
Insured provision contained in SECTION II –
COVERED AUTOS LIABILITY COVERAGE.
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured’s own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the “bodily injury” or
“property damage” occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV – BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions,
5. Transfer Of Rights Of Recovery Against
Others To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any “accident” or
“loss”, provided that the “accident” or “loss” arises
out of the operations contemplated by such contract.
The
waiver
applies
only
to
the
person
or
organization designated in such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:
An “employee” of yours is an “insured” while
operating an “auto” hired or rented under a
contract or agreement in that “employee's”
name, with your permission, while performing
duties related to the conduct of your business.
2. Changes In General Conditions:
Paragraph 5.b. of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
“autos” you own:
(1) Any covered “auto” you lease, hire, rent
or borrow; and
(2) Any covered “auto” hired or rented by
your “employee” under a contract in that
individual “employee's” name, with your
permission, while performing duties
related to the conduct of your business.
However, any “auto” that is leased,
hired, rented or borrowed with a driver is
not a covered “auto”.
F. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.
G. Auto Loan Lease Gap Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition
of the following:
In the event of a total “loss” to a covered “auto”
shown in the Schedule of Declarations, we will pay
any unpaid amount due on the lease or loan for a
covered “auto”, less:
1. The
amount
paid
under
the
PHYSICAL
DAMAGE COVERAGE section of the policy;
and
2. Any:
a. Overdue lease/loan payments at the time of
the “loss”;
PPA 300 03 13
Page 3 of 5
b. Financial penalties imposed under a lease
for excessive use, abnormal wear and tear
or high mileage.
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.
H. Glass Repair – Waiver Of Deductible
SECTION III – PHYSICAL DAMAGE COVERAGE,
D. Deductible is amended by adding the following:
No deductible for a covered “auto” will apply to glass
damage if the glass is repaired rather than replaced.
I.
Personal Effects Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
c. Personal Effects Coverage
In the event of a total theft loss of your covered
“auto” we will pay up to $400 for “loss” to
wearing apparel and other personal effects
which are:
(1) Owned by an “insured”; and
(2) In or on your covered “auto”;
No deductible applies to Personal Effects
Coverage.
J. Hired Auto Physical Damage Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
d. Hired Auto Physical Damage Coverage
If hired “autos” are covered “autos” for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned “auto”, then the
Physical Damage Coverage is extended to
“autos” that you hire, rent or borrow subject to
the following:
(1) The most we will pay for “loss” in any one
“accident” to a hired, rented or borrowed
“auto” is the lesser of:
(a) $60,000
(b) The actual cash value of the damaged
or stolen property as of the time of the
“loss”; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in the event of a total
“loss”.
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for
the betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
auto will apply.
(5) This Coverage Extension will not apply to:
(a) Any “auto” that is hired, rented or
borrowed with a driver; or
(b) Any “auto” that is hired, rented or
borrowed from your “employee”.
K. Hired Auto Physical Damage – Loss Of Use
The following is added to SECTION II – COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
e. We will pay sums which you legally must pay to
the lessor of a covered “auto” which you have
leased without a driver for thirty (30) days or less
for the lessor’s loss of use of the covered “auto”,
provided:
(1) This insurance provides comprehensive,
specified causes of loss or collision covered
on the covered “auto”;
(2) The loss of use results from the covered
“auto” being damaged in an “accident” while
you are leasing it.
We will pay up to a maximum limit of $1,500 for
this covered extension.
L. Hired Car – Worldwide Coverage
The following is added to SECTION II – COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
f.
Hired Car – Worldwide Coverage
(1) We will pay all sums an “insured” legally
must pay as damages because of “bodily
injury” or “property damage” to which this
insurance applies, caused by an “accident”
which occurs outside of the United States of
America, the territories and possessions of
the United States of America, Puerto Rico
and Canada resulting from the maintenance,
or use of any covered “auto” of the private
passenger type you lease, hire, rent or
borrow without a driver for thirty (30) days or
less.
(2) With respect to any claim made or “suit”
instituted outside the United States of
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:
PPA 300 03 13
Page 4 of 5
(a) You shall undertake the investigation,
settlement and defense of such claims
and “suits” and keep us advised of all
proceedings and actions.
(b) You will not make any settlement
without our consent.
(c) We will reimburse you:
(i) For the amount of damages be-
cause of liability imposed upon you
by law on account of “bodily injury”
or “property damage” to which this
insurance applies, and
(ii) For
all
reasonable
expenses
incurred
with
our
consent
in
connection with the investigation,
settlement or defense of such
claims or “suits”. Reimbursement for
expenses will be part of the Limit of
Insurance
for
liability
coverage
shown
in
the
Business
Auto
Coverage Declarations, and not in
addition to such limits.
(3) The limit of Insurance for Liability Coverage
shown in the Business Auto Coverage
Declarations is the most we will reimburse
you for the sum of all damages imposed on
you, as set forth in paragraph 2.c. above,
and all expenses incurred by you arising out
of any single “accident” or “loss”.
(4) You must maintain the greater of the follow-
ing primary auto liability insurance limits:
(a) Compulsory admitted insurance with
limits required to be in force to satisfy
the legal requirements of the jurisdiction
where the accident occurs; or
(b) Insurance limits required by law and
issued by a government entity or by an
insurer licensed or permitted by law to
do business in the jurisdiction where the
“accident” occurs; or
(c) Auto liability insurance limits of at least
$300,000 combined single limit or
$100,000 per person/$300,000 per acci-
dent Bodily Injury, $100,000 Property
Damage.
If you fail to comply with the above, this
insurance is not invalidated. However, in the
event of a “loss”, we will pay only to the
extent that we would have been liable had
you so complied.
(5) The insurance provided by this coverage
extension is excess over any other collec-
tible insurance available to you whether on a
primary, excess contingent or any other
basis.
M. Temporary Transportation Expenses
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.4.
Coverage
Extensions,
subparagraph
a.
Transportation Expenses is deleted and replaced
by the following:
a. Transportation Expenses
(1) We will pay up to a maximum of $1,500 for
temporary transportation expense incurred
by you because of Physical Damage to a
covered “auto”.
(2) We will pay only for those covered “autos”
for which you carry Comprehensive, Colli-
sion or Specified Case of Loss Coverage.
(3) We will pay only for those expenses incurred
by you during the period of time that begins
twenty-four (24) hours after the covered
“loss” and ends at the time when the
covered “auto” can be reasonable repaired
or replaced.
(4) This coverage does not apply while there
are spare or reserve “autos” available to you
for your operations.
N. Amended Bodily Injury Definition – Mental
Anguish
The
following
is
added
to
SECTION
V
–
DEFINITIONS, Definition C.:
“Bodily injury” also includes mental anguish, but only
when the mental anguish arises from other bodily
injury, sickness or disease.
O. Airbag Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE B. Exclusions 3.a.:
However, this exclusion will not apply to accidental
discharge of an airbag due to mechanical or
electrical breakdown.
P. Amended Insured Contract Definition – Railroad
Easement
SECTION V – DEFINITIONS paragraph H. “Insured
contact” is modified as follows:
1. Paragraph H.3. is replaced by the following:
3. Any easement or license agreement.
2. Paragraph H.6.a. is deleted.
Q. Coverage Extensions – Audio, Visual And Data
Electronic Equipment Not Designed Solely For
The Production Of Sound
SECTION III – PHYSICAL DAMAGE COVERAGE
B. Exclusions, exception paragraph a. to exclusion
4.c. and 4.d. is deleted and replaced with the
following:
PPA 300 03 13
Page 5 of 5
a. Equipment and accessories used with such
equipment, except for tapes, records, discs or
other electronic media device, provided such
equipment is permanently installed in the
covered “auto” at the time of the “loss” or is
removable from the housing unit which is
permanently installed in the covered “auto” at
the time of the “loss”, and such equipment is
designed to be solely operated by use of the
power from the “autos” electrical system, in or
upon the covered “autos”; or
R. Notice Of And Knowledge Of Occurrence
SECTION IV – BUSINESS AUTO CONDITIONS,
A.2. Duties In The Event Of Accident, Claim Suit
Or Loss, subparagraph a. is deleted and replaced
with the following:
a. In the event of “accident”, claim, “suit” or “loss”,
you must give us or our authorized repre-
sentative prompt notice of the “accident” or
“loss” including:
(1) How, when and where the “accident” or
“loss” occurred;
(2) The “insured’s” name and address; and
(3) To the extent possible, the names and
addresses of any injured person and
witnesses.
Your duty to give us or our authorized
representative prompt notice of the “accident” or
“loss” applies only when the “accident” or “loss”
is known to:
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
(3) An executive officer or insurance manager, if
you are a corporation.
S. Unintentional Errors Or Omissions
SECTION IV – BUSINESS AUTO CONDITIONS, B.
General Conditions; 2. Concealment Misrepre-
sentation Or Fraud is amended by adding the
following:
The unintentional omission of, or unintentional error
in, any information given by you shall not prejudice
your rights under this insurance. However this pro-
vision does not affect our right to collect additional
premium or exercise our right of cancellation or
nonrenewal.
T. Towing Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.2. Towing, is deleted and replaced by the
following:
2. We will pay up to $750 for towing and labor
costs incurred each time a covered “auto” is
disabled due to a covered cause of loss.
However:
a.
All labor must be performed at the place of
disablement; and
b.
If the covered auto is a private passenger
type no deductible applies; and
c.
If the covered auto is not of the private
passenger type our obligation to pay will be
reduced
by
a
$250
deductible
per
disablement.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 01/14/21
Policy Expiration Date: 01/01/22
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 59 WEC AJ9ADF
Endorsement Number:
Effective Date: 01/01/21
Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Wilson Engineers, LLC
1620 W FOUNTAINHEAD PKWY STE 501
TEMPE AZ 85282
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk