Agreement - Wilson Engineers, LLC
Extracted text (via pymupdf)
85165 characters
City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
PROFESSIONAL SERVICES AGREEMENT
Post-Design Services
CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No. WW2111.271
Council Date: February 24, 2022 Item No.
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________,
2022 (“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 Post-Design Services for CHANDLER HEIGHTS
ROAD UTILITY RELOCATIONS project as more fully described in Exhibit "A", which is attached
to and made a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to contract with Consultant to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
City of Chandler Professional Services Agreement
Page 2
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 365
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 $444,411.30 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: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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:
City of Chandler
Public Works & Utilities Department
Attn: Project Manager
P.O. Box 4008, Mail Stop 407,
Chandler, AZ 85244-4008
To Consultant:
Wilson Engineers, LLC
Mailing Address: 1620 W Fountainhead Pkwy Ste 501 Tempe AZ 85282
Statutory Agent Name: Steven Todd
Statutory Agent Mailing Address: 1620 W Fountainhead Pkwy Ste 501
Tempe AZ 85282
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name: Steve Todd
Title: Principal
Phone: 480-893-8860
Email: steve.todd@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
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
City of Chandler Professional Services Agreement
Page 4
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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
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
City of Chandler Professional Services Agreement
Page 5
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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
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
City of Chandler Professional Services Agreement
Page 6
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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.
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
City of Chandler Professional Services Agreement
Page 7
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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
every provision.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
City of Chandler Professional Services Agreement
Page 8
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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
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
City of Chandler Professional Services Agreement
Page 9
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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.
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
City of Chandler Professional Services Agreement
Page 10
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
City of Chandler Professional Services Agreement
Page 11
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
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: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
EXHIBIT “A”
POST DESIGN
SCOPE OF SERVICES
CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
PROJECT NO. WW2111.271
Post Design Project Description
Post Design services for utility relocations to accommodate Salt River Project’s (SRP) 230kV
power underground electrical installation. The utility relocations will take place in the
following areas:
Chaparral Way – Dobson Road to Lake Drive
Lake Drive – Chaparral Way to Alma School Road
Alma School Road – Lake Drive to Chandler Heights Road
Chandler Heights Road – Alma School Road to west of the UPRR, which is east of
Arizona Avenue
Pine Lake Way along the Schrader electrical substation, which is south of Ocotillo
Road
Services include pre-construction assistance and Engineering Services during Construction to
address issues and/or specialized technical products. The construction duration is assumed to
be 365 days.
Project Tasks
1.
PRE-CONSTRUCTION ASSISTANCE:
A. Task 1.1 Pre-construction Assistance
i. Consultant must attend the pre-construction meeting.
2.
ENGINEERING DESIGN SERVICES DURING CONSTRUCTION:
A. Task 2.1 Attend Construction Meetings, as needed
i. Consultant must attend construction meetings, as needed. Consultant
assumes attendance of 52 weekly construction meetings.
B. Task 2.2 Respond to Requests for Information (RFI’s), as needed
i. Consultant must review, evaluate, and respond to any contractor
Requests for Information (RFI’s) forwarded by the CM Firm for design
review. Consultant assumes a maximum of 40 RFI responses.
C. Task 2.3 Respond to Shop Drawing Submittals, as needed
i. Consultant must review, evaluate, and respond to any Contractor Shop
Drawing submittals forwarded by the CM Firm for design review.
Consultant assumes a maximum of 50 reviews. Consultant assumes
25% will be one additional resubmittal reviews.
3. DESIGN PROJECT DESCRIPTION & SCOPE:
As the project has progressed SRP will now be undergrounding the 230kV from the Schrader
electrical substation versus overhead. This underground alignment crosses Pine Lake Way
and then goes south in the UPRR right of way to Chandler Heights Road. With this revision
additional City utilities require relocation and/or protection. The following scope of work
describes the design effort for the additional utility relocation work.
3.1
Consultant will provide services for the design, permitting, and development of
construction documents.
3.2
Consultant will provide all design services for the Project including, but not limited
to, civil engineering services.
4. ASSIGNMENT:
4.1
The design contract has been awarded to the engineer based on their proposed
personnel and specified consultants. Any deviations or substitutions of these team
members must be pre-approved in writing by City. Those persons listed in Exhibit
B will perform those portions of the work listed therein.
5. PRELIMINARY RESEARCH:
5.1 As and for preliminary research before preparing the project design, Consultant will:
a. Perform a Document Search for utility as-builts.
b. Perform a Document search for rights-of-way.
c. Perform a Document search for survey ties and benchmarks.
d. Perform a Document search for City policies, regulations, standards, design
manuals, and requirements, etc. relevant to project.
e. Research and/or obtain geotechnical reports and investigations, master plans,
computer model data and field surveys.
f.
Research all utility companies/agencies and acquire all available as-built and
utility records.
g. Investigate existing conditions, make measured drawings, and verify accuracy
of drawings or other information furnished by City.
h. Consultant must provide a survey of the project area that includes complete
topographical and property data of the immediate site. Design must utilize
established City of Chandler benchmarks and reference locations of
benchmarks on the plans. Clearly define the benchmark location and elevation
that will be utilized for construction of this facility.
6. UTILITY/AGENCY COORDINATION:
6.1
Coordination with utility companies and agencies must be in accordance with the
latest version of the “Public Improvement Project Guide” (PIPG).
6.2
Consultant must identify utility conflicts during the initial stages of the design
process.
6.3
Consultant must coordinate the design and installation of the utilities, which
includes, but is not limited to, services for electric, communications, water, storm
drainage, irrigation and sanitary systems, etc.
6.4
Easements for these utilities must be identified early in the design stage of the
project and necessary information provided to City’s Real Estate Department to
allow City to complete acquisition during the design phase.
6.5
Consultant must submit preliminary plans, specifications, and design calculations
to utilities/agencies for review and use during their design for their service
improvements or any necessary relocations.
6.6
Consultant must conduct utility meetings to coordinate relocations with
utility/agency and establish relocation schedules.
6.7
Consultant must follow-up with the final design submittal for utility construction
and coordination with the bid documents.
6.8
Consultant must incorporate the utility/agency private developer construction
requirements into the bid documents.
6.9
Consultant to coordinate utility potholes of the project area. The utility potholes
are preliminary estimated to include three (3) potholes along the project
alignment. The consultant will provide a pothole table that includes a comment
description regarding the need for the pothole to the City for review prior to
proceeding with potholing.
7. GEOTECHNICAL INVESTIGATION:
7.1
Consultant to perform one (1) geotechnical boring in Pine Lake Way to a depth of
30-feet to define existing soil and pavement conditions.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must
be incorporated into the bid documents in a manner usable to the excavation and
foundation bidding and construction.
8. DESIGN BASIS REPORT (30% Document Review):
8.1
Consultant shall prepare a design report for submittal to the City. Based on the
available data, site investigations, and the City’s design standards, Consultant will
prepare a design report for the proposed pipeline modifications. The report will
include preliminary plan sheets (no profiles), preliminary construction cost
estimate, identification of any additional design issues and recommendations.
Consultant will submit electronic pdf of the Design Basis Report for review. A
review meeting will be conducted to discuss comments on the Design Basis
Report. Consultant will prepare the agenda and meeting minutes.
9. DESIGN DEVELOPMENT (60% Document Review):
9.1
Based on the approved Schematic Design Documents and any adjustments
authorized by City in the program, schedule or construction budget, Consultant
must prepare, for approval by City, Design Development Documents consisting of
drawings and other documents. When the design is approximately sixty percent
(60%) complete, Consultant must do the following:
a. Develop a site plan. Design must utilize established City of Chandler
benchmarks and reference locations of benchmarks on the plans.
b. Collaborate with City to define their requirements.
c. Create an outline specification.
d. Prepare plans, details, and notes as required to fix and describe the project.
e. Consultant is required to review and complete the City's Constructability
Review Checklist. All applicable checklist items are required to be incorporated
in the design documents.
f.
Value Engineer the design cooperatively with the entire design team and City’s
representatives. This effort will occur as early as effectively possible and
consist of a focused meeting addressing: relationships of components,
construction materials, and building systems.
g. Prepare a construction cost estimate for verification with the budget.
h. Conduct a full document set (plans & specs) review in the presence of all
consultants and City’s representatives and any other stakeholders.
i.
Submit once to City’s Project Manager and Development Services for comment
drawing sets, specifications, calculations electronically. Include original
comments received from previous review along with a review summary
indicating action taken.
j.
Schedule review meeting with plan check staff to discuss review comments.
Clarify with the plan check staff what the design challenges are and decide the
method in which they will be resolved.
k. Consultant will prepare the agenda and meeting minutes for meetings.
10.
CONSTRUCTION DOCUMENTS (90% Document Review):
10.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget
authorized by City, Consultant must prepare, for approval by City, Construction
Documents consisting of Drawings and Specifications setting forth in detail the
requirements for the construction of the Project. When the design is
approximately ninety percent (90%) complete Consultant must do the following:
a. Prepare plans, details, notes, and specifications as required to be able to bid
and construct the project in its entirety.
b. Conduct a full document set (plans & Specs) review in the presence of all
consultants and City’s representatives.
c. Prepare a construction cost estimate for verification with the budget.
d. Prepare bid alternates as necessary to assure budget can be met.
e. Submit once to City’s Project Manager for comment drawing sets,
specifications, calculations electronically. Include original comments received
from previous review along with a review summary indicating action taken.
f.
Consultant will prepare the agenda and meeting minutes for meetings.
g. Maricopa County Environmental Service Department: One set of the agency
review plans and specifications will be submitted to the Maricopa County
Environmental Services Department for expedited review to obtain the
Approval to Construct. One review meeting will be conducted to discuss any
comments received from the County.
h. Consultant shall submit and meet with the City of Chandler Development
Services for their approval.
11.
BID DOCUMENTS (100% Documents):
11.1
Submit bid documents to Development Services electronically. Include comments
received from previous review along with a review summary indicating action
taken.
11.2
Pick-up plan review final comments and prepare stamped Mylar cover for
reproduction. Consultant to provide two full size bond copies of the submittal
documents once the cover is signed.
11.3
Provide City of Chandler with a copy of the AutoCAD files. Each building system
must be “layered” so as to be able to isolate trades or engineering from
architectural components or vice versa.
12.
SRP COORDINATION
12.1
Consultant’s effort to coordinate with SRP shall consist of:
Identify impacts on existing utilities
Discuss abandonment and review impacts on other utilities
Understand impact at crossings and identify scope of work (both SRP and utility
relocation)
Identify extents of corridor (width and depth) along project alignment as
required by Salt River Project
Coordinate project activities including review of project submittals.
13.
CMAR COORDINATION
13.1
Consultant’s effort to coordinate with CMAR shall consist of:
Solicit CM at Risk input during design development as appropriate
Provide information for cost estimating
Provide assistance with long-lead procurement activities
Evaluate alternative systems suggested by CMAR
Respond to constructability review comments
Prepare addenda as required
Assist and review during GMP development
Perform GMP proposal review and prepare recommendation to City
14.
ADDITIONAL DESIGN PROJECT DESCRIPTION & SCOPE:
As the project has progressed SRP will now be undergrounding the 230kV from the Schrader
electrical substation to Chandler Heights Road versus overhead. Due to this change, there
was a delay in bringing the SRP consultant on board to start the design. This resulted in
SRP not being able to provide the City with the 35-foot easement alignment exact location
to determine the extents of the City utilities requiring relocation. In addition, the agreement
with SRP states that the “City-owned underground utilities and obstructions will be cleared
or abandoned in place no later than twelve (12) months following final approval of the
Project CEC.” During project coordination SRP was tracking this approval for January 2022,
and it was approved earlier than planned on December 16, 2021. Based on these delays
the Consultant performed additional tasks to try to keep the project moving forward,
knowing there was a timeline the work needed to be completed by in the agreement. The
following are the tasks:
14.1 Additional revisions between 60% and 90% due to multiple changes in the
proposed SRP 35-foot easement alignment on the Chaparral Way from Dobson Rd
to Lake Dr plan set.
14.2 Preparation of a roll plot showing a proposed SRP 35-foot easement alignment for
the entire project corridor based on survey information, due to SRP consultant
selection being delayed. Review meeting with project team including Consultant
preparing agenda and meeting minutes.
14.3 Research and meetings on water and sewer design components. The Consultant
assumed the materials and details would be the same as the last utility relocation
project for SRP and work effort was not budgeted for this work effort in the original
scope of work. This includes two (2) coordination meetings one for potable water
and one for gravity sewer.
14.4 Bi-weekly coordination meetings. Due to the delay in SRP’s consultant coming on
board and receiving the information needed for design and the 12-month time
clock starting it was decided that bi-weekly coordination meetings would be held
that were not included in the original scope of work. It is assumed up to 18
meetings will be held to coordinate the work and the Consultant will prepare the
agenda and meeting minutes.
14.5 Consultant to coordinate utility potholes of the original scope project area. The
utility potholes are preliminary estimated to include twenty-seven (27) potholes
along the project alignment. The consultant to provide a pothole table that
includes a comment description regarding the need for the pothole to the City for
review prior to proceeding with potholing.
15.
ALLOWANCES
a. DIRECT EXPENSES
Reimbursement of Direct Costs for Mileage, Printing, etc.
b. TOPOGRAPHIC SURVEY
Topographic Survey of Chandler Heights Road and Pine Lake Way, refer to
attached Wood Patel proposal.
c. GEOTECHNICAL INVESTIGATION
Geotechnical Investigation of Pine Lake Way, refer to attached ATEK proposal.
d. POTHOLING
Utility Potholing of Project Alignment, refer to attached KC Locate proposal.
e. MCESD PERMIT FEES (EXPEDITED)
f. OWNER’S ALLOWANCE
ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS
1.
Application fees for City reviews and permits will be paid by CITY.
2.
The Owner’s Allowance will only be utilized with prior written approval from the City
representative.
City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 10/28/2021
EXHIBIT “B”
COMPENSATION AND FEES
2,720.00
$
1.1 Pre-Construction Assistance
2,720.00
$
111,280.00
$
2.1 Attend Construction Meetings
38,800.00
$
2.2 Respond to Requests for Information (RFI's)
26,760.00
$
2.3 Respond to Shop Drawing Submittals
45,720.00
$
2,520.00
$
5.1 Perform Document Search and Research
970.00
$
5.2 Investigate Existing Conditions
580.00
$
5.3 Topographic Survey Coordination
970.00
$
15,120.00
$
6.1 Coordination with Utilities (PIPG)
5,040.00
$
6.2 Identify Utility Conflicts
5,040.00
$
6.3 Coordination Design of Utilities
5,040.00
$
290.00
$
7.1 Geotechnical Investigation Coordination
290.00
$
3,780.00
$
8.1 Design Basis Report
3,100.00
$
8.2 CofC Review Meeting
680.00
$
44,770.00
$
9.1 Prepare 60% CAD Base Plans
39,140.00
$
9.2 Prepare 60% Plans & Outline Specs
4,560.00
$
9.3 Coordinate 60% Cost Estimate
390.00
$
9.4 60% CofC Review/Meeting/Site Visit
680.00
$
71,510.00
$
10.1 Prepare 90% CAD Base Drwgs
65,100.00
$
10.2 Prepare 90% Plans & Draft Tech Specs
3,400.00
$
10.3 Coordinate 90% Cost Estimate
390.00
$
10.4 90% CofC Review/Meeting/Site Visit
680.00
$
10.5 Permit Submittals
1,940.00
$
22,730.00
$
11.1 Coordinate & Issue Bid Documents
21,370.00
$
11.2 Permit Submittals
1,360.00
$
6,300.00
$
12.1 SRP Coordination
6,300.00
$
3,580.00
$
13.1 CMAR Coordination
3,580.00
$
43,600.00
$
14.1 Additional Revisions to Plans Between Submittals
11,620.00
$
14.2 Prepare Roll Plot & Meeting
5,480.00
$
14.3 Research & Meetings on Design Components
5,440.00
$
14.4 Bi-Weekly Coordination Meetings
17,180.00
$
14.5 Utility Pothole Coordination
3,880.00
$
116,211.30
$
Allowance for Direct Expenses at Direct Cost
1,000.00
$
Allowance for Topographic Survey (refer to attached Wood Patel proposal)
5,800.00
$
Allowance for Geotechnical Investigation (refer to attached ATEK proposal)
5,611.30
$
Allowance for Potholing (refer to attached KC Locate proposal)
54,000.00
$
Allowance for MCESD Permit Fees (Expedited) at Direct Cost
9,800.00
$
Owner's Allowance
40,000.00
$
TOTAL COST:
444,411.30
$
ALLOWANCES
SUBTOTAL
Task 8.0 Design Basis Report (30%)
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 9.0 Design Development (60%)
Task 12.0 SRP Coordination
Task 13.0 CMAR Coordination
Task 14.0 Additional Design Project Description & Scope
Task 5.0 Preliminary Research
Task 10.0 Construction Documents (90%)
Task 11.0 Bid Documents (100%)
Task 4.0 Assignment
Task 3.0 Design Project Description & Scope
EXHIBIT "B-1"
TASK DESCRIPTION
Task 1.0 Pre-Construction Assistance
Task 2.0 Engineering Design Services During Construction
Not to Exceed Cost Per Task
Principal
Sr. PM
Project
Engineer
Lead CAD
Tech
Sr. Admin
Uday
Gandhe
Alan
Palmquist
Veerender
Garg
Geoff
Leek
Monica
Flores
$ 215.00 $ 195.00 $ 145.00 $ 115.00 $ 85.00
0
8
8
0
0
16
1.1 Pre-Construction Assistance
8
8
16
208
464
0
0
688
2.1 Attend Construction Meetings
16
104
104
2.2 Respond to Requests for Information (RFI's)
48
120
2.3 Respond to Shop Drawing Submittals
56
240
0
0
0
0
0
0
0
0
0
0
0
4
12
0
0
16
5.1 Perform Document Search and Research
2
4
5.2 Investigate Existing Conditions
4
5.3 Topographic Survey Coordination
2
4
0
24
72
0
0
96
6.1 Coordination with Utilities (PIPG)
8
24
6.2 Identify Utility Conflicts
8
24
6.3 Coordination Design of Utilities
8
24
0
0
2
0
0
2
7.1 Geotechnical Investigation Coordination
2
0
6
18
0
0
24
8.1 Design Basis Report
4
16
8.2 CofC Review Meeting
2
2
0
28
130
172
8
338
9.1 Prepare 60% CAD Base Plans
16
112
172
9.2 Prepare 60% Plans & Outline Specs
8
16
8
9.3 Coordinate 60% Cost Estimate
2
9.4 60% CofC Review/Meeting/Site Visit
2
2
4
48
234
232
8
526
10.1 Prepare 90% CAD Base Drwgs
4
32
216
232
10.2 Prepare 90% Plans & Draft Tech Specs
8
8
8
10.3 Coordinate 90% Cost Estimate
2
10.4 90% CofC Review/Meeting/Site Visit
2
2
10.5 Permit Submittals
4
8
2
16
76
68
4
166
11.1 Coordinate & Issue Bid Documents
2
12
72
68
4
11.2 Permit Submittals
4
4
4
16
16
0
0
36
12.1 SRP Coordination
4
16
16
4
8
8
0
0
20
13.1 CMAR Coordination
4
8
8
4
84
112
88
0
288
14.1 Additional Revisions to Plans Between Submittals
4
24
64
14.2 Prepare Roll Plot & Meeting
8
8
24
14.3 Research & Meetings on Design Components
16
16
14.4 Bi-Weekly Coordination Meetings
4
48
48
14.5 Utility Pothole Coordination
8
16
EXHIBIT "B-2"
Task 5.0 Preliminary Research
< PROJECT ROLE
< HOURLY RATES
TOTAL HOURS
PER TASK
Hours and Rates
TASK DESCRIPTION
Task 1.0 Pre-Construction Assistance
Task 2.0 Engineering Design Services During Construction
< NAME OF PERSON
Task 14.0 Additional Design Project Description & Scope
Task 3.0 Design Project Description & Scope
Task 4.0 Assignment
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 10.0 Construction Documents (90%)
Task 11.0 Bid Documents (100%)
Task 12.0 SRP Coordination
Task 13.0 CMAR Coordination
Task 8.0 Design Basis Report (30%)
Task 9.0 Design Development (60%)
Client
Wilson Engineers
Date
January 4, 2022
Contact
Mr. Alan E. Palmquist, PE
1620 West Fountainhead Parkway, Suite
501
Project
Chandler Heights Wet Utilities
Relocation
Tempe, AZ 85282
Project No.
WP# 215287.80
Phone
480.893.8860
Re
Additional Topographic
Survey
Email
alan.palmquist@wilson-engineers.com
Project Manager
Brian J. Diehl, RLS
This confirms our understanding that the following extra work is authorized to proceed per the terms of our
original agreement, once approved by the Client.
Wood, Patel & Associates, Inc. (WOODPATEL) will provide a full street Topographic Survey for 600-feet east of the
mapping extents for a total of 1000-feet east of the Union Pacific Railroad and provide utility locations and street topo
on Pine Lake Way as shown on Exhibit attached. Control map will also be updated to include additional areas.
WOODPATEL is proceeding based on authorization received via
☒ Written authorization ☐ Verbal/Email
Services to be
Fixed fee of $5,800, plus standard reimbursable expenses.
Please sign and return this form.
Wood, Patel & Associates, Inc.
January 4, 2022
Thomas R. Gettings, RLS, Vice President
Date
Professional Services Approved By
Date
‘
Y:\WP\Proposals\Survey\2021\215287.80 Chandler Heights Wet Utilities Relocation Additional Topo Survey ASA Wilson Engineers A Palmquist 01-04-22.docx
Maricopa County GIO,
O
12/28/2021 10:28:21 AM
Map
Additional Topographic Survey for
Chandler Heights Road East of the UPRR
for a total of 1,000 feet. Existing survey
extends 100 to 200 feet east. Add
additional length for a total of 1,000 feet.
Maricopa County GIO,
O
12/28/2021 10:30:05 AM
Map
Additional Topographic Survey
within Pinelake Way for
approximately 540 feet.
Location is generally adjacent
to existing sub-station.
111 SOUTH WEBER DRIVE, SUITE 1
WWW.ATEKEC.COM
P (480) 659-8065
CHANDLER, AZ 85226
F (480) 656-9658
January 7, 2022
File Number: 220001
Attention: Alan Palmquist, P.E.
Wilson Engineers
1620 W. Fountainhead Parkway, Suite 501
Tempe, Arizona 85282
Re:
Proposal for Geotechnical Subsurface Exploration
Pinelake Way Additional Boring
Chandler, Arizona
ATEK Engineering Consultants, LLC (ATEK) is pleased to present this proposal to perform a
geotechnical subsurface exploration at the above referenced site. This proposal is based on a
request for proposal received via email on December 28, 2021.
ATEK is committed to providing a high level of service to its clients, commensurate with their
wants and needs. If a portion of this proposal does not meet your needs, or if those needs have
changed, ATEK will consider appropriate modifications, subject to the standards of care to
which we adhere as professionals. We look forward to the opportunity to serve you.
PROJECT UNDERSTANDING
The proposed project consists of drilling one geotechnical exploratory boring on Pinelake Way
south of Ocotillo Road in Chandler, Arizona. The results from the exploratory boring and
supplemental laboratory testing will be utilized by Wilson Engineers for the Chandler Heights
Utility Relocation Project in Chandler, Arizona. Supplemental lab testing will include corrosivity
testing at the boring location using the Table A.1 found in Appendix A of the American National
Standard Polyethylene Encasement for Ductile-Iron Pipes Systems (ANSI/AWWA C105/A21.5-
99,) dated 1999, i.e. 10 point system. An addendum letter report will be added to the existing
Geotechnical Report titled Chandler Heights Utility Relocate dated October 27, 2021.
COST AND SCHEDULE
ATEK proposes to provide the geotechnical services as detailed below on a lump sum basis. This
fee also assumes that one (1) color PDF report will be provided. Extra ‘hard copy’ reports will
be provided if requested prior to the initial report printing.
Services will be scheduled upon receipt of your authorization to proceed. We understand that
the Client will provide access to the property through an encroachment permit. ATEK will apply
for encroachment permit and traffic control permits. We estimate that our geotechnical scope
of services will be complete within twenty to thirty (20 to 30) calendar days from notice to
proceed to close out of scope of services. If necessary ATEK can adjust the geotechnical
exploration schedule to accommodate project requirements. A geotechnical engineering
addendum letter will be prepared and issued.
SCOPE OF SERVICES
A geotechnical subsurface exploration is required to develop information relative to existing
site soil. ATEK proposes to provide the following scope of services:
Item
Cost
Geotechnical Subsurface Exploration
$ 5,611.30
Pinelake Way Additional Boring
January 7, 2022
Chandler, Arizona
Proposal 220001
Page 2 of 5
•
Perform a review of pertinent documents provided by the client regarding geotechnical
information associated with the property.
•
Perform a geotechnical site reconnaissance.
•
Review available construction information for the proposed structure as it relates to the
geotechnical characteristics of the site.
•
Explore the existing subsurface conditions by drilling one (1) soil boring to a depth of
thirty (30) feet to determine information relative to subsurface soil conditions. The soil
test borings will be advanced using a hollow stem auger to the proposed depth or to
auger refusal, whichever occurs first. Representative soil samples will be obtained
between the surface and a depth of 2.5 feet, at 5 feet, and at 5-foot intervals thereafter
using standard sampling procedures.
•
To identify if groundwater is encountered during drilling of boring.
ASSUMPTIONS
Our proposed Scope of Services and cost estimate are based on the following assumptions:
•
The project owner will provide right-of-entry to all locations of the borings through an
approved encroachment permit.
•
Locations of the borings will be cleared by “Blue Stake”.
•
Traffic control will consist of a traffic control barricade company, as necessary.
•
The Scope of Services included within our fee estimate does not include any services in
connection with the discovery of potential contamination during our drilling and
sampling operations. In the event that such material is suspected, we will notify you
immediately for direction before proceeding on any out-of-scope services.
•
The boring will be backfilled with ½ sack ABC slurry using an onsite mobile mix truck.
•
The asphaltic concrete pavement will be temporarily repaired with cold patch for a
minimum of 24-hours until ABC slurry cures.
•
The asphaltic concrete pavement will be saw cut (12-inch by 12-inch square) and will
be patched back with asphalt to the approximate depth of existing pavement.
•
Hot mix asphalt (1/2-inch) stored at ATEK’s asphalt lab will be utilized to repair the
boring cut through asphalt. Mix will be heated and compacted in the field.
•
This proposal assumes that the site is accessible with a truck-mounted drill rig, under
its own power, without the need for towing or pushing.
•
ATEK will not drill any boring on the Union Pacific Railroad right-of-way.
•
This proposal includes drilling to a maximum depth of 30 feet below existing site grade,
if deeper borings are required, we will need to revise our Scope of Work and fee
estimate.
•
Any service or cost not specifically included in this proposal is not included in the Scope
of Services and associated fee. Costs generated from any services requested by the
client that are outside the above Scope of Services will be charged to the client.
Pinelake Way Additional Boring
January 7, 2022
Chandler, Arizona
Proposal 220001
Page 3 of 5
At the completion of the fieldwork, representative samples will be sealed in plastic bags or
brass and plastic containers and transported to our laboratory. The samples will then be
classified in general accordance with the Unified Soil Classification System (USCS) and reviewed
by a geotechnical engineer. Field boring logs will be prepared presenting a description of the
soils encountered by the borings. Laboratory testing completed for this project will include
natural moisture contents, percent passing a No. 200 sieve, Atterberg limits, one dimensional
consolidation tests, undisturbed ring densities, sulfate contents, chloride contents, expansion
index (as required), pH and resistivity tests. All tests will be performed in general accordance
with applicable ASTM procedures.
Based upon our analyses, a geotechnical engineering addendum letter will be prepared and
issued. The following items will be included in the letter:
•
A brief review of our field and laboratory procedures and all test results, including
boring logs;
•
A discussion of the general subsurface conditions including soil and groundwater
conditions;
•
A review of the proposed construction design conditions;
•
Any unsatisfactory soil conditions (if applicable) and recommended remedial measures;
•
Design criteria related to the recommended design values for buried pipes;
•
Recommended pavement sections for the pavements (trench repairs);
•
Recommended construction procedures and quality control measures related to
foundations and earthwork;
•
A brief review of our field and laboratory procedures and all test results, including
boring location plan. All fourteen borings will be tested for corrosion using Table A.1
found in Appendix A of the American National Standard for Polyethylene Encasement for
Ductile-Iron Pipes Systems (ANSI/AWWA C105/A21.5-99), dated 1999, i.e. 10-point
system.
•
Pavement section recommendations for Pinelake Way.
AUTHORIZATION
The work will be conducted in accordance with the attached General Conditions. Your
signature on this proposal indicates your acceptance of these Conditions and authorization for
ATEK to proceed with the Scope of Services outlined herein. If this proposal is acceptable, we
can begin work as soon as we receive an ORIGINAL signature in the “acceptance” field.
If there is a need for any change in the scope of services or schedule described in the proposal,
please call us immediately. Changes may require revision of the proposed fee, which will be
communicated to you upon assessment of the requested changes effect on the fee.
LIMITATIONS
ATEK will perform its services in a manner consistent with the standards of care and skill
ordinarily exercised by members of the profession practicing under similar conditions in the
geographic vicinity and at the time the services will be performed. No warranty or guarantee,
express or implied, is provided as part of the services offered by this proposal. This proposal
Pinelake Way Additional Boring
January 7, 2022
Chandler, Arizona
Proposal 220001
Page 4 of 5
neither makes nor intends a warrantee or guarantee, express or implied, nor does it create a
fiduciary responsibility to Client by Consultant.
TERMS AND CONDITIONS
All terms and conditions indicated in this proposal and in the attached General Conditions will
be considered by both parties to be in effect from the effective date of the signed proposal
through completion of the project. The proposal will remain in effect for 60 days from its date,
and thereafter shall be null and void unless it has been signed for the work proposed.
We sincerely appreciate the opportunity to be of service and look forward to working with you
on this project.
Sincerely,
ATEK Engineering Consultants, LLC.
Antonio Lopez, PE
Armando Ortega, PE
Project Manager
Principal Geotechnical Engineer
Enclosure: General Conditions 2022
Client agrees to the Scope of Services described in this Proposal and Cost Estimate and the
General Conditions attached and incorporated herein.
By:
__________________________
Wilson Engineers
Title: __________________________
Date: __________________________
FEE PROPOSAL - Phase 1
SUBCONSULTANT
COST PROPOSAL SUMMARY
SUBCONSULTANT: ATEK Engineering Consultants, LLC.
CONTRACT NO.: TBA
PROJECT NAME: Pinelake Way Additional Boring
DIRECT LABOR for TASK
Classifications
Man-hours
Hourly Rates
Labor
Senior Project Engineer/Manager
1
125.00
$
125.00
$
Project Engineer
2
120.00
$
240.00
$
Staff Engineer
12
97.00
$
1,164.00
$
Staff Engineer Permit Application
2
97.00
$
194.00
$
Secretary/Clerical
1
50.00
$
50.00
$
TOTAL
18
Sub consultant's Total Direct Labor for Task(s)
1,773.00
$
DIRECT AND OUTSIDE EXPENSES for TASK(S)
DESCRIPTION
EXPENSE
AMOUNT
Mileage
44
0.575
$
25.30
$
Outside Services - Pen Hall Company
1
450.00
$
450.00
$
Outside Services - Traffic Control
10
120.00
$
1,200.00
$
Outside Services - Drill Rig
6
185.00
$
1,110.00
$
Outside Services - Asphalt Repair/Compactor Renta
1
200.00
$
200.00
$
Outside Services - 1/2-Sac Slurry Mobile Mix
1
400.00
$
400.00
$
Hydrometer Analysis, Assumed Specific Gravity
167.00
$
-
$
Moisture Content
1
19.00
$
19.00
$
Full Sieve Analysis, Coarse and Fine, washed
1
92.00
$
92.00
$
Plasticity Index (dry)
1
81.00
$
81.00
$
Consolidation
195.00
$
-
$
Undisturbed Moisture/Unit Weight
1
28.00
$
28.00
$
One-Dimensional Expansion (Remolded)
140.00
$
-
$
pH and Resistivity of Soils and Aggregate
1
113.00
$
113.00
$
Direct Shear
370.00
$
-
$
Moisture-Density Relationship (Proctor)
135.00
$
-
$
Redox and Sulfide
1
120.00
$
120.00
$
Sub Consultant's Total of Direct and Outside Expenses
3,838.30
$
Sub Consultant's Total Labor
1,773.00
$
Sub Consultant's PROPOSED FEE
5,611.30
$
Attn: Alan Palmquist
Wilson Engineers
9633 S. 48th St.
Suite 290
Phoenix
Bus: (480) 893-8860
Fax: (480) 893-8968
Issued Dated:
12/28/2021
Our TaskID:
202100335
Project Name: Chandler Heights Utility Relocation Project
KC Locate LLC (hereinafter referred to as KC Locate), shall provide scope of services as requested by: Wilson
Engineers (hereinafter referred to as Client). Services will be conducted in accordance with Attachment A, KC
Locate's standard terms and conditions, unless otherwise expressly noted, in writing, prior to the execution of
this contract.
Client ID: WILS00
SCOPE
OF
SERVICES:
Provide Subsurface Utility Location services to determine horizontal and vertical
underground utility positions.
COMPENSATION: KC Locate agrees to perform the above Scope of Services for consideration of:
Task Total: $54,000.00
Estimated for 30 spotholes at $1800.00 per spothole. (20 hole minimum) Certified-Survey W/CAD for
spotholes! To start the process please respond by signing the proposal, terms & conditions to be sent
back.
ADDITIONAL
COST
EXCEPTIONS /
INCLUSIONS
as noted
and Provided By:
* City/County/DOT encroachment permits.......................................
* Special 'Inspection' Bonding by City/County/DOT.........................
* Pre-marking utility survey area; as required by state law..............
* Notification of One-Call Service, (USA, DigAlert, Blue Stake).......
* Special Traffic Control, plans, barricading and signs....................
* Daily mobilization and demobilization............................................
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
SCHEDULE:
and be completed by:
This proposal and its provisions will expire after:
4/4/2022
APPROVALS:
For KC Locate:
For Client:
Printed:
Title:
Date:
Kenneth Cole
President
12/28/2021
Printed:
Title:
Date:
...To engage our services, please sign above and return copy with original signature to address below.
Client Ref:
Proposal/Contract
UNDERGROUND UTILITY SURVEYS
WE DESIGNATE AND LOCATE UNDERGROUND UTILITIES
Subsurface Utility Services
AZ
85044
* Daily Per-Diem (2man crew) if necessary.....................................
$140/day
KC Locate shall commence work upon receipt of this executed contract with services
estimated to start on:
25440 N. 93rd Ave Peoria, AZ 85383
(623)825-0230 MBL: (602) 702-2582
Lic# ROC 199433
KC Locate, LLC
Corporate Office: 25440 N. 93rd Ave Peoria, AZ 85383
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev 10/28/2021
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: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev 10/28/2021
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: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev 10/28/2021
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. (Does not apply to Professional Liability coverage.)
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; Products and Completed operations of
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant.
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: CHANDLER HEIGHTS ROAD UTILITY RELOCATIONS
Project No.: WW2111.271
Rev. 11/1/19
EXHIBIT “D”
SPECIAL CONDITIONS
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.