Agreement - Dibble

City of Chandler — Regular Meeting (2022-02-10)

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City of Chandler Professional Services Agreement  
 Page 1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203
 Rev. 10/28/2021 
 
PROFESSIONAL SERVICES AGREEMENT 
Design Services 
CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER 
IMPROVEMENTS 
Project No. WW2005.203 
Council Date: February 10,  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 Dibble & Associates Consulting Engineers, Inc. dba Dibble Engineering, an 
Arizona corporation, ("Consultant") (City and Consultant may individually be referred to as 
“Party” and collectively referred to as “Parties”). 
RECITALS 
A. City proposes to engage Consultant to provide Design Services for CHANDLER BOULEVARD
- DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 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

City of Chandler Professional Services Agreement  
 Page 2  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
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 400 
calendar days after the Notice to Proceed (NTP) Date. 
 
SECTION III--PAYMENT OF COMPENSATION AND FEES 
 
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully 
described in Exhibit “B” for performance of the services approved and accepted by City 
under this Agreement must not exceed $349,502 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 BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 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: 
Dibble and Associates Consulting Engineers, Inc. dba Dibble Engineering 
Mailing Address: 7878 N 16th St Ste 300 Phoenix AZ 85020  
Physical Address:  
Statutory Agent Name: Gregory Haggerty 
Statutory Agent Mailing Address: 7878 N 16th St Ste 300 Phoenix AZ 
85020   
Statutory Agent Physical Address:  
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE 
Name:  Ezra Page 
Title:  Vice President 
Phone:  602-957-1155 
Email:  ezra.page@dibblecorp.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

City of Chandler Professional Services Agreement  
 Page 4  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
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 
indemnify, save and hold harmless City and its officers, officials, agents and employees

City of Chandler Professional Services Agreement  
 Page 5  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
("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 
compiled under Consultant’s obligation under this Agreement and must correct, at

City of Chandler Professional Services Agreement  
 Page 6  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
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. 
 
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act

City of Chandler Professional Services Agreement  
 Page 7  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
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 
every provision.

City of Chandler Professional Services Agreement  
 Page 8  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
 
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 
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its

City of Chandler Professional Services Agreement  
 Page 9  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
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: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
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 
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and

City of Chandler Professional Services Agreement  
 Page 11  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
 Rev. 10/28/2021 
 
 
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  
 Page 12 
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203
 Rev. 10/28/2021 
 
This Agreement will be in full force and effect only when it has been approved and executed 
by the duly authorized City officials. 
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. 
“CITY” 
CITY OF CHANDLER 
 MAYOR  
Recommended By: 
Andrew Goh, P.E. 
CIP City Engineer 
APPROVED AS TO FORM: 
City Attorney 
ATTEST: 
City Clerk 
Seal 
“CONSULTANT” 
Dibble & Associates Consulting Engineers, Inc. dba Dibble Engineering 
Signature 
Date 
Print Name 
Title 
Signer Email Address 
Ezra M Page
Vice President
ezra.page@dibblecorp.com
01/11/2022

City of Chandler Professional Services Agreement – Exhibit “A” 
Page A-1  
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS  
Project No.: WW2005.203 
Rev. 10/28/2021 
 
 
EXHIBIT “A” 
SCOPE OF SERVICES/SCHEDULE

Page 1 of 11 
 
EXHIBIT “A” 
SCOPE OF SERVICES/SCHEDULE 
WW2005.203 
CHANDLER BOULEVARD – DOBSON ROAD TO CHIPPEWA PLACE 
WATER IMPROVEMENTS 
 
December 20, 2021 
 
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION: 
Dibble (CONSULTANT) will perform engineering services for City of Chandler (CITY) 
project number WW2005.203. The scope of these services consists of 12-inch water main 
improvements including the removal or abandonment, realignment, and replacement of 
aging water main pipe within Chandler Boulevard from Dobson Road to Chippewa Place, 
including the intersection of Dobson Road and Chandler Boulevard. The project will 
consist of the replacement of approximately 8,500 linear feet of existing asbestos cement 
pipe (ACP) and cast iron (CI) water main including isolation valves, fire hydrants, water 
meters and service lines. 
  
The objective of the project is to replace the aging pipe and reconfigure the water main 
in the intersection to improve pipeline longevity and conditions for future maintenance. 
 
1.1 
CONSULTANT will provide services for the design, permitting, and development of 
construction documents for the removal or abandonment, realignment, and 
replacement of aging water main pipe within Chandler Boulevard from Dobson 
Road to Chippewa Place, including the intersection of Dobson Road and Chandler 
Boulevard located in Chandler, Arizona, all as more specifically described herein 
below.  
 
1.2 
The project design budget is $349,502.00. All design of the project will be 
completed within this budget. 
 
1.3 
CONSULTANT will provide all design services for the Project including, but not 
limited to, civil engineering services. 
 
2. ASSIGNMENT:  
 
2.1 
The design contract has been awarded to an 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.

Page 2 of 11 
 
3. GENERAL PROJECT ADMINISTRATION: 
 
3.1 
Coordination: CONSULTANT will perform coordination with the Project Team 
during the watermain design to ensure their progress remains on task and 
budget. Progress reports will be delivered electronically to the CITY’s Project 
Manager monthly throughout the work.  
 
3.2 
Kickoff/Progress Meetings: CONSULTANT will attend and facilitate a design 
kickoff meeting and up to four (4) progress/coordination meetings with the CITY 
to discuss design issues, schedule updates, and project progress. Meetings will be 
virtual and held at a time and day of the week as agreed to by the City Project 
Manager and the CONSULTANT. CONSULTANT will prepare and distribute 
meeting agenda and distribute meeting notes to all attendees. 
 
3.3 
Monthly Invoice and Progress Report: CONSULTANT will submit a written 
monthly invoice to the CITY’s Project Manager along with a monthly progress 
report outlining the work task status and updated project schedule. The invoice 
will identify the contract number and include the number of man-hours expended 
as identified in the approved fee proposal, amounts previously billed, and total 
amount due for the current period. 
 
DELIVERABLE: 
• 
CONSULTANT will submit one (1) electronic copy of the invoice and 
progress report, emailed to the CapitalProjects.Payables@chandleraz.gov, 
and copy the CITY project manager. 
 
4. PROJECT SCHEDULE:  
 
4.1 
CONSULTANT must perform the services within the times set forth in the 
Production Schedule included herein and made a part hereof by reference. The 
schedule included herein is an estimate based on an assumed NTP date. If the 
NTP date changes, the schedule will be modified to reflect the changes and 
provided to the CITY as a revised version.  
 
4.2 
CONSULTANT must adhere to the Production Schedule and such schedule may not 
be modified or deviated from without written consent of CITY.  CONSULTANT must 
revise and submit for review an updated schedule whenever it is demonstrated that 
the time for completion of the Project Design or of any of the partial completion 
points listed in the schedule is delayed by two weeks or more. Such adjusted 
schedule will include a written explanation stating the reasons for the change and 
a plan for getting back on schedule. CONSULTANT must take all reasonable actions 
necessary to get the project back on schedule and CITY will cooperate to assist 
CONSULTANT.

Page 3 of 11 
 
5. QUALITY CONTROL:  
 
5.1 
CONSULTANT must institute and comply with a Design Quality Control Plan. A 
draft plan is available upon request. 
 
5.2 
CONSULTANT will perform Quality Control reviews on project deliverables at each 
progress submittal milestone (Preliminary Design Concept Report, 30%, 60%, 90%, 
100%). 
 
6. PRELIMINARY RESEARCH: 
 
6.1 
Before preparing the project design, CONSULTANT will:   
 
a. Perform a Document Search for utility as-builts. CITY shall be responsible for 
providing as-built drawings of all CITY owned facilities within the project area. 
CONSULTANT will submit as-built request for the project. 
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 relevant to project.  
e. Research all utility companies/agencies and acquire all available as-built and 
utility records.  
f. Investigate existing conditions, make measured drawings, and verify accuracy 
of drawings or other information furnished by CITY.  
 
6.2 
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. 
 
CONSULTANT will utilize a SUBCONSULTANT, to provide an ortho rectified photo 
and surface data. CONSULTANT will set onsite survey control at the direction of 
VMR. 
 
Survey will be tied to NAD83 state plane coordinates (with a ground scale factor), 
and City of Chandler (NAVD88) vertical datum utilizing Chandler benchmarks. 
 
CONSULTANT will perform field survey of underground utilities such as sewer 
manhole inverts and water valve top of nuts to complete the design. 
CONSULTANT will prepare Traffic Control and Encroachment permits as required 
to perform field survey.

Page 4 of 11 
 
Survey from project WW2005.202 (Dobson Road and Chandler Boulevard 
Intersection Sewer Improvements) will be utilized for the intersection of Dobson 
Road and Chandler Boulevard. 
 
7. UTILITY/AGENCY COORDINATION: 
 
7.1 
Coordination with utility companies and agencies must be in accordance with the 
latest version of the “Public Improvement Project Guide” (PIPG). 
 
 
CONSULTANT will contact Blue Stake to obtain a list of utilities having facilities 
within proximity to the project area. CONSULTANT will contact identified utility 
companies to obtain facility maps. CONSULTANT will review and incorporate 
information as applicable to this project. CONSULTANT will complete utility 
conflict review in areas where open cut excavation is required. The selected 
Contractor shall be responsible for contacting Blue Stake utility locating services 
to identify and physically mark existing utility locations where excavation may be 
required. 
 
CONSULTANT will incorporate utility information obtained from facility maps and 
the CITY’s GIS.  
 
7.2 
CONSULTANT must identify utility conflicts during the initial stages of the design 
process. 
 
7.3 
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.  
 
7.4 
Land Rights for SRP 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.  
 
7.5 
SRP Construction License Agreement: CONSULTANT will submit design drawings 
to SRP at 30% and 60% for utility conflict review. Sealed construction drawings will 
be provided to SRP at 90%, and 100% for review and comment.  CONSULTANT will 
address comments and questions received from SRP and when approved by SRP, 
CONSULTANT will prepare an SRP Construction License Agreement, obtain 
owner’s signature from the CITY and submit to SRP for approval. 
 
7.6 
CONSULTANT must conduct utility meetings to coordinate relocations with 
utility/agency and establish relocation schedules. CONSULTANT shall facilitate up 
to three (3) virtual meetings with utility agencies. Meeting notes will be prepared

Page 5 of 11 
 
by CONSULTANT. CONSULTANT will arrange one (1) field meeting to walk the 
project with utility stakeholders. 
 
7.7 
CONSULTANT must identify and coordinate the locations of utility potholes with 
its Potholing SUBCONSULTANT. Pothole results will be reviewed and incorporated 
into the design. Estimated potholes include: 
a. 
Five (5) each – Preliminary pipeline material investigation 
b. 
Ten (10) each - Chandler Boulevard water main 
c. 
Five (5) each – Supplementary intersection potholes (in addition to 
potholes being performed as a part of WW2005.202) 
 
8. GEOTECHNICAL INVESTIGATION: 
 
8.1 
CONSULTANT must perform all soil and pavement borings necessary to complete 
their work. 
 
8.2 
Sub-surface soil conditions, established by the geotechnical investigations, must 
be incorporated into the bid documents in a manner usable to the excavation 
bidding and construction.  
 
9. DESIGN CONCEPT REPORT: 
 
9.1 
CONSULTANT will provide a Preliminary Design Concept Report (DCR) when the 
design is approximately 15% complete including the following: 
 
a. Analysis and summary of potential new water main location options: 
• 
Remove and replace water main in existing trench 
• 
Relocate north and south water mains 
• 
Combine north and south water mains into one water main in a new 
corridor 
b. Preliminary (15%) schematic design (roll plot) drawings (potential water main 
corridors with base mapping) 
c. Preliminary Engineer’s Opinion of Probable Construction Cost for water main 
location options 
d. Decision-making matrix for water main location options 
e. CONSULTANT will schedule review meeting with CITY to discuss review 
comments, clarify with CITY staff what the design challenges are and decide 
the method in which they will be resolved.  
 
9.2 
CONSULTANT will provide a Final Design Concept Report including the following: 
 
a. Incorporate CITY review comments from the Preliminary Design Concept 
Report.

Page 6 of 11 
 
b. The Final Design Concept Report will be sealed by a Professional Engineer 
registered in the State of Arizona.  
 
DELIVERABLES: 
Preliminary Design Concept Report: 
a. 
Preliminary Design Concept Report will be submitted to the CITY Project 
Manager electronically in pdf format. 
Final Design Concept Report: 
a. 
Final Design Concept Report will be submitted to the CITY Project Manager 
electronically in pdf format. 
 
10. SCHEMATIC DESIGN (30% Document Review): 
 
10.1   CONSULTANT must visit the project site to complete a field walk and gather 
information pertinent to the design. CONSULTANT will meet with City staff to 
ascertain the requirements of the Project and will arrive at a mutual 
understanding of such requirements. 
 
10.2 
CONSULTANT will prepare 30% design drawings: 
a. 30% drawings will include utility base files and water main alignment selected 
from the DCR. 
b. Locations and estimated material quantities for water main and valves will be 
shown on the drawings. Details are not included in the 30% drawings. 
c. Design drawings will include plan view at 1 inch = 20 feet horizontal scale and 
profile view at 1 inch = 4 feet vertical scale.  
d. Existing infrastructure shown in the water main realignment area will be based 
on survey information.  
e. Design drawings will be prepared using the CITY’s standard plan sheet border, 
drawing format, and CAD standards. Where CITY CAD standards are not 
available or applicable, the CONSULTANT’s CAD standards will be used. Based 
on the standard CITY plan sheet border, progress drawings will be plotted at 
22”x34” (full scale) and 11”x17” (half scale – exact scale). All drawings will be 
prepared using Autodesk Civil 3D (AutoCAD) 2019 format. 
 
10.3 
CONSULTANT must facilitate one (1) schematic review meeting to confirm the 
design concepts.  
 
DELIVERABLES: 
30% design deliverables will include the following: 
• 
30% Design Drawings, 15% Comment Resolution Log and EOPCC submitted 
electronically in pdf format.

Page 7 of 11 
 
11. DESIGN DEVELOPMENT DOCUMENTS (60% Document Review): 
 
11.1 
Based on the approved Schematic Design Documents and any adjustments 
authorized by CITY in the program, schedule or construction budget, 
CONSULTANT must prepare, for review by CITY, Design Development Documents. 
When the design is approximately sixty percent (60%) complete CONSULTANT 
must do the following:   
 
b. Design must utilize established City of Chandler benchmarks and reference 
locations of benchmarks on the plans. 
c. Create an outline specification. 
d. 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. Construction quantities will be included on the construction drawings. 
 
11.2 
CONSULTANT will perform water service coordination and design including: 
a. One (1) field walk with CITY staff to locate water meters impacted by the 
project design 
b. Verify water meter size 
c. Identify fire lines 
d. Coordinate and plan maintenance of water service to customers for 
uninterrupted service during construction. 
e. Create a water meter table and details for inclusion in construction drawings. 
 
11.3 
CONSULTANT will submit the 60% Design Development Documents to the CITY 
Project Manager and to the City of Chandler Development Services Department 
for review. 
 
11.4 
CONSULTANT will prepare Technical Specifications for items not covered by the 
CITY Supplement to Maricopa Association of Governments (MAG) Specifications 
or MAG Specifications. The CITY will be responsible for preparation of contract 
general conditions, special provisions, and other “front end” contract documents. 
CONSULTANT will perform a review of the “front end” documents prepared by the 
CITY to ensure agreement with Design Drawings, Technical Specifications, and 
schedule of values. 
 
11.5 
CONSULTANT will prepare Engineer’s Opinions of Probable Construction Cost 
(EOPCC) for all proposed improvements. EOPCC will be prepared utilizing 
standardized proposed construction items for all construction work. EOPCC 
represents the CONSULTANT’s best judgment of the cost of construction based 
on current equipment and material price quotes as well as historic bid results.

Page 8 of 11 
 
11.6 
CONSULTANT will schedule review meeting with CITY 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.  
 
DELIVERABLES: 
Preliminary (60%) design deliverables will include the following: 
• 
Preliminary Design Drawings, Technical Specifications, 30% Comment Resolution 
Log and EOPCC submitted electronically in pdf format. 
 
12. CONSTRUCTION DOCUMENTS (90% Document Review): 
 
12.1 
Based on the approved Design Development (60%) Documents and any further 
adjustments in the scope or quality of the Project authorized by CITY, 
CONSULTANT must prepare, for review by CITY, Construction Documents 
including Design Drawings, Technical Specifications and EOPCC setting forth in 
detail the requirements for the construction of the Project.  When the design is 
approximately ninety percent (90%) complete CONSULTANT will prepare a 
tabulation of all comments received from the previous submittal along with 
preliminary and final resolution of comments. All approved comments will be 
incorporated into the Agency Review (90%) submittal, which will be concurrently 
submitted to the CITY, Development Services, and Maricopa County 
Environmental Services Department (MCESD). The drawings will be sealed by a 
Professional Engineer registered in the State of Arizona, and the drawings will be 
stamped “For Agency Review Only, Not for Construction.” 
 
12.2 
CONSULTANT will perform water service coordination and design including: 
a. One (1) field walk with CITY staff to locate water meters impacted by the 
project design 
b. Verify water meter size 
c. Update fire lines 
d. Update coordination and plan maintenance of water service to customers for 
uninterrupted service during construction. 
e. Update water meter table and details in construction drawings. 
 
12.3     Schedule review meeting with CITY 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.  
 
12.4 
 Maricopa County Environmental Services Department (MCESD) Permitting: 
CONSULTANT will prepare a permit application and one-page technical 
memorandum for submittal to MCESD for an Approval to Construct (ATC). Permit 
fees for expedited review will be paid by CONSULTANT and reimbursed by the 
CITY as a Direct Expense.

Page 9 of 11 
 
DELIVERABLES: 
Agency Review (90%) deliverables will include the following: 
• 
Agency Review Drawings, Technical Specifications, Comment Resolution Log, and 
Engineer’s Opinion of Probable Construction Cost submitted electronically in pdf 
format. 
MCESD permitting deliverables will include the following: 
• 
One (1) full size copy of the Agency Review Documents, one (1) copy of the CITY 
signed ATC package, and one (1) copy of the one-page technical memorandum 
sealed by a Professional Engineer registered in the State of Arizona. Submitted via 
MCESD electronic submittal process. 
13. FINAL CONSTRUCTION DOCUMENTS (100% Documents): 
 
13.1 
Based on the 90% review comments and any further adjustments in the scope or 
quality of the Project authorized by CITY, CONSULTANT must prepare, for 
approval by CITY, Final Construction Documents including Design Drawings, 
Technical Specifications, and EOPCC setting forth in detail the requirements for 
the construction of the Project.  When the Final Construction Documents are one 
hundred percent (100%) complete CONSULTANT must prepare the following:   
 
a. Signed Cover sheet to be provided by CITY in electronic format. 
b. Provide City of Chandler with a copy of the AutoCAD files. 
c. The Final Construction Documents will incorporate all CITY and permit review 
comments. Final Construction Documents will incorporate revisions required 
by permitting agencies and should include no substantive design concept 
changes from the previous submittal. All documents will be sealed by a 
Professional Engineer registered in the State of Arizona.  
d. CONSULTANT will prepare a tabulation of all comments received from the 
previous submittal along with preliminary and final resolution of comments. 
All approved comments will be incorporated. Revisions after this submittal are 
excluded. 
 
13.2 
City of Chandler Development Services Permitting:  
a. CONSULTANT will prepare a permit application for submittal to Development 
Services for an Encroachment Permit.  
b. Permit fees for will be paid by the CITY. 
c. After Development Services approval, CONSULTANT will provide a mylar cover 
sheet for signature routing. 
d. Mylar cover sheet will be utilized for Encroachment Permit submittal. 
 
DELIVERABLES: 
Final Construction Document deliverables will include the following:

Page 10 of 11 
 
• Final Construction Drawings, Technical Specifications, Comment Resolution Log, 
and Engineer’s Opinion of Probable Construction Cost submitted electronically in 
pdf format. 
• One (1) Mylar Cover sheet 
• Two (2) Full-sized (22”x34”) Bond copies of full plan set 
 
14. CMAR COORDINATION: 
 
14.1 
CONSULTANT’S effort to coordinate with the CMAR will consist of: 
a. Solicit CMAR input during design development as appropriate 
b. Review CMAR prepared project schedule 
c. Review CMAR prepared construction estimates 
d. Provide assistance with long-lead procurement activities 
e. Perform limited MOPO analysis and coordination with CMAR following 60% 
review 
f. Perform cost model reviews at 90% 
g. Evaluate alternative systems suggested by CMAR 
h. Respond to constructability review comments 
i. 
Assist and review during GMP development 
j. 
Perform GMP proposal review and prepare recommendation to CITY 
 
14.2 
CONSULTANT will attend CMAR coordination meetings (three (3) meetings are 
assumed) as requested by the CITY. CONSULTANT will be available at the 
meeting(s) to answer design intent questions and provide clarifications if needed.  
 
ALLOWANCES: REIMBURSABLE DIRECT EXPENSES  
 
TASK 940.01 Direct Costs: Reimbursements will be made by the CITY for direct costs incurred 
for printing, document reproduction, plotting, as-builts, and fees charged for 
obtaining facility or utility mapping. 
 
TASK 940.02 MCESD Permitting: Permit fees for expedited review will be paid by 
CONSULTANT and reimbursed by the CITY as a Direct Expense. 
 
TASK 940.03 City’s Allowance:   An allowance is included to be applied towards additional 
engineering, construction management and/or coordination not included in this 
scope or other items as directed by the CITY. This item will only be used with 
written authorization from the CITY. 
 
TASK 940.04 Potholing Allowance:  CONSULTANT will provide through a qualified company, 
Specialized Services Company (SSC), Utility Potholing in project area as described 
in the attached Subconsultant proposal.

Page 11 of 11 
 
TASK 940.05 Geotechnical Investigation Allowance:  CONSULTANT will provide through a 
qualified company, SAECO, Geotechnical Investigation of the project area as 
described in the attached Subconsultant proposal. 
 
TASK 940.06 Aerial Mapping Allowance: CONSULTANT will provide through a qualified 
company, Aerial Mapping of the project area to provide topographic 
information. 
 
TASK 940.07 Traffic Control Allowance:  CONSULTANT will provide traffic control through a 
qualified company for CONSULTANT staff during field survey. Traffic Control will 
be used while working within heavily traveled corridors of the CITY. Traffic 
control costs will be reimbursed from approved invoices as an Allowance Item. 
 
TASK 940.08 Temporary Construction Easements (TCE) and Legal Descriptions:  
CONSULTANT will provide TCE’s and legal descriptions for areas where 
construction is anticipated to require access to private properties. 
 
EXCLUSIONS 
- 
Engineering services during the construction phase services are not included in this scope 
of work. A Scope and fee for additional services can be provided at the request of the 
CITY.  
- 
Notification and coordination with the general public and public meetings and PIO firm 
are excluded. 
- 
Design of the water main pipelines and services is assumed to occur within existing CITY 
right-of-way. 
- 
Master planning or future flow calculations for sizing of pipes. 
- 
Soil Corrosivity analysis. 
- 
Stray current testing. 
- 
Independent third-party cost estimating is excluded. 
- 
Additional on-site utility coordination meetings

City of Chandler Professional Services Agreement – Exhibit “B” 
Page B-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS  
Project No.: WW2005.203 
Rev. 10/28/2021 
 
 
EXHIBIT “B” 
COMPENSATION AND FEES

22,275.00
$       
3.1 Coordination
12,720.00
$        
3.2 Kickoff/Progress Meetings (5)
5,555.00
$          
3.3 Monthly Invoice and Progress Report
4,000.00
$         
3,392.00
$         
4.1 Production Schedule
3,392.00
$          
9,340.00
$         
5.1 Quality Control Plan
800.00
$             
5.2 Quality Control Reviews
8,540.00
$         
13,772.00
$       
6.1 Perform Document Search and Research
3,968.00
$          
6.2 Investigate Existing Conditions
3,968.00
$          
6.3 Survey
5,836.00
$         
34,415.00
$       
7.1 Coordination with Utilities (PIPG)
9,848.00
$          
7.2 Identify Utility Conflicts
5,104.00
$          
7.3 Coordinate Design of Utilities
5,064.00
$          
7.4 SRP Construction License Agreement
5,720.00
$          
7.5 Utility Coordination Meetings (3)
4,695.00
$          
7.6 Pothole Coordination and Review
3,984.00
$         
3,432.00
$         
8.1 Soil and Pavement Borings Coordination and Review
3,432.00
$          
24,554.00
$       
9.1 Preliminary Design Concept Report
14,724.00
$        
9.2 CofC Review Meeting
2,754.00
$          
9.3 Final Design Concept Report
7,076.00
$         
26,762.00
$       
10.1 Site Investigation & Information Gathering
3,264.00
$          
10.2 Prepare CAD Base Plans
8,912.00
$          
10.3 Prepare 30% Schematic Design & EOPCC
11,832.00
$        
10.4 CofC Review Meeting
2,754.00
$         
36,174.00
$       
11.1 Prepare 60% Plans
21,304.00
$        
11.2 60% Water Service Coordination
5,576.00
$          
11.3 Prepare 60% Tech Specs (Outline)
1,984.00
$          
11.4 Prepare 60% EOPCC
3,816.00
$          
11.5 CofC 60% Review Meeting
2,202.00
$          
11.6 CofC Development Services Permitting
1,292.00
$         
53,478.00
$       
12.1 Prepare 90% Plans
24,288.00
$        
12.2 90% Water Service Coordination
6,656.00
$          
12.3 Prepare 90% Tech Specs
11,160.00
$        
12.4 Prepare 90% EOPCC
2,712.00
$          
12.5 CofC 90% Review Meeting
2,754.00
$          
12.6 CofC Development Services Permitting
1,292.00
$          
12.7 MCESD Permitting
4,616.00
$         
24,772.00
$       
13.1 Prepare 100% Plans
14,792.00
$        
13.2 Prepare 100% Tech Specs
5,976.00
$          
13.3 Prepare 100% EOPCC
2,712.00
$          
13.4 CofC Development Services Permitting
1,292.00
$         
16,936.00
$       
14.1 CMAR Coordination
11,088.00
$        
14.2 CMAR Coordination Meetings (3)
5,848.00
$         
269,302.00
$     
80,200.00
$       
940.01
Direct Costs
1,500.00
$          
940.02
MCESD Permitting (Expedited Review)
1,200.00
$          
940.03
City's Allowance (10% of Engineering Fees)
27,000.00
$        
940.04
Potholing Allowance (20 @ $1,250 EA)
25,000.00
$        
940.05
Geotechnical Investigation Allowance
9,000.00
$          
940.06
Aerial Mapping Allowance
6,500.00
$          
940.07
Traffic Control Allowance
5,000.00
$          
940.08
TCE and Legal Descriptions Allowance
5,000.00
$         
TOTAL COST:
349,502.00
$     
ALLOWANCES
 SUBTOTAL 
Task 10.0 Schematic Design (30%)
Task 7.0 Utility/Agency Coordination
Task 8.0 Geotechnical Investigation
Task 11.0 Design Development (60%)
Task 3.0 General Project Administration
Task 13.0 Final Construction Documents (100%)
ENGINEERING SUBTOTAL
Not to Exceed Cost Per Task
Task 6.0 Preliminary Research
Task 12.0 Construction Documents (90%)
Task 14.0 CMAR Coordination
Task 5.0 Quality Control
Task 4.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-1"
TASK DESCRIPTION
Task 9.0 Design Concept Report

Jake Nelson
Vince 
Gibbons/Ezra 
Page
Jesse Udall
Eryn 
Guevara
Chuck Sinclair
Jason 
Graham
Amzie Cox
John Bowling
PM
QA/QC 
Manager
Project 
Engineer/
PE
Assistant 
Project 
Engineer/
EIT
Senior 
Technician
Survey 
Manager/R
LS
Surveyor/
RLS
Survey 
Technician
Survey 
Crew
Admin
 $    200.00  $        195.00  $   170.00  $   138.00  $     142.00  $   188.00  $   165.00  $     105.00  $   198.00  $     85.00 
82
0
28
5
0
0
0
0
0
5
120
3.1 Coordination
50
16
3.2 Kickoff/Progress Meetings (5)
12
12
5
5
3.3 Monthly Invoice and Progress Report
20
4
0
12
4
0
0
0
0
0
0
20
4.1 Production Schedule
4
12
4
6
40
2
0
0
0
0
0
0
0
48
5.1 Quality Control Plan
4
5.2 Quality Control Reviews
2
40
2
4
0
16
32
0
2
4
8
20
0
86
6.1 Perform Document Search and Research
2
8
16
6.2 Investigate Existing Conditions
2
8
16
6.3 Survey
2
4
8
20
32
0
72
96
16
0
0
0
0
3
219
7.1 Coordination with Utilities (PIPG)
4
24
36
7.2 Identify Utility Conflicts
2
8
16
8
7.3 Coordinate Design of Utilities
4
12
12
4
7.4 SRP Construction License Agreement
8
8
20
7.5 Utility Coordination Meetings (3)
12
12
3
7.6 Pothole Coordination and Review
2
8
12
4
2
0
8
8
4
0
0
0
0
0
22
8.1 Soil and Pavement Borings Coordination and Review
2
8
8
4
16
0
32
68
40
0
0
0
0
10
166
9.1 Preliminary Design Concept Report
8
16
40
32
4
9.2 CofC Review Meeting
4
4
8
2
9.3 Final Design Concept Report
4
12
20
8
4
16
0
32
56
72
0
0
0
0
2
178
10.1 Site Investigation & Information Gathering
4
8
8
10.2 Prepare CAD Base Plans
4
8
16
32
10.3 Prepare 30% Schematic Design & EOPCC
4
12
24
40
10.4 CofC Review Meeting
4
4
8
2
19
0
34
68
120
0
0
0
0
2
243
11.1 Prepare 60% Plans
6
12
28
100
11.2 60% Water Service Coordination
2
4
12
20
11.3 Prepare 60% Tech Specs (Outline)
1
4
8
11.4 Prepare 60% EOPCC
4
8
12
11.5 CofC 60% Review Meeting
4
4
4
2
11.6 CofC Development Services Permitting
2
2
4
42
0
86
96
120
0
0
0
0
2
346
12.1 Prepare 90% Plans
12
16
36
100
12.2 90% Water Service Coordination
4
8
12
20
12.3 Prepare 90% Tech Specs
8
40
20
12.4 Prepare 90% EOPCC
4
8
4
12.5 CofC 90% Review Meeting
4
4
8
2
12.6 CofC Development Services Permitting
2
2
4
12.7 MCESD Permitting
8
8
12
26
0
46
44
40
0
0
0
0
0
156
13.1 Prepare 100% Plans
12
20
24
40
13.2 Prepare 100% Tech Specs
8
16
12
13.3 Prepare 100% EOPCC
4
8
4
13.4 CofC Development Services Permitting
2
2
4
32
0
36
32
0
0
0
0
0
0
100
14.1 CMAR Coordination
24
24
16
14.2 CMAR Coordination Meetings (3)
8
12
16
Task 10.0 Schematic Design (30%)
Task 11.0 Design Development (60%)
Task 14.0 CMAR Coordination
Task 4.0 Project Schedule
Task 5.0 Quality Control
Task 7.0 Utility/Agency Coordination
Task 8.0 Geotechnical Investigation
Task 12.0 Construction Documents (90%)
Task 13.0 Final Construction Documents (100%)
Task 9.0 Design Concept Report
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-2"
Task 2.0 Assignment
Task 6.0 Preliminary Research
< PROJECT ROLE
 < HOURLY RATES 
TOTAL HOURS       
PER TASK
Hours and Rates
TASK DESCRIPTION
Task 3.0 General Project Administration

ID
Task Name
Duration
Start
Finish
Predecessors
1
NTP
0 days
Mon 2/21/22 Mon 2/21/22
2
Conceptual Design Phase
86 days
Mon 2/21/22 Tue 6/21/22
3
Preliminary Research
2 wks
Mon 2/21/22 Fri 3/4/22
1SS
4
Preliminary Potholes (5 EA)
2 wks
Mon 2/21/22 Fri 3/4/22
1SS
5
Survey 
4 wks
Mon 2/21/22 Fri 3/18/22
1SS
6
Utility Coordination
4 wks
Mon 2/21/22 Fri 3/18/22
1SS
7
Base Mapping
4 wks
Mon 3/21/22 Fri 4/15/22
6
8
Geotechnical Evaluation
4 wks
Mon 3/7/22
Fri 4/1/22
1SS+2 wks
9
Design Concept Report
45 days
Mon 3/14/22 Fri 5/13/22
10
Preliminary Design Concept Report
6 wks
Mon 3/14/22 Fri 4/22/22
1SS+3 wks
11
Roll Plot (15% Conceptual Design)
4 wks
Mon 4/18/22 Fri 5/13/22
7
12
Preliminary DCR and Conceptual Design (15%) Submittal
0 days
Fri 5/13/22
Fri 5/13/22
11
13
Preliminary DCR and Conceptual Design (15%) City 
Review
2 wks
Mon 5/16/22 Fri 5/27/22
12SS
14
Preliminary DCR and Conceptual Design (15%) Review 
Meeting
0 days
Tue 5/31/22
Tue 5/31/22
13FS+1 day
15
Final DCR
3 wks
Wed 6/1/22
Tue 6/21/22
14
16
Submit Final DCR
0 days
Tue 6/21/22
Tue 6/21/22
15FF
17
Construction Document Development Phase
156 days
Wed 6/22/22 Tue 2/7/23
18
30% Preliminary Design
40 days
Wed 6/22/22 Wed 8/17/22
19
30% Plans
4 wks
Wed 6/22/22 Wed 7/20/22 16
20
30% EOPCC
1 wk
Thu 7/14/22
Wed 7/20/22 19FF
21
30% Design Submittal
0 days
Wed 7/20/22 Wed 7/20/22 19,20
22
30% City Review
4 wks
Thu 7/21/22
Wed 8/17/22 21SS
23
30% Review Meeting
0 days
Wed 8/17/22 Wed 8/17/22 22
24
60% Design 
50 days
Thu 8/18/22
Thu 10/27/22
25
60% Plans
6 wks
Thu 8/18/22
Thu 9/29/22
23
26
60% Specifications
4 wks
Thu 9/1/22
Thu 9/29/22
25FF
27
60% EOPCC
1 wk
Fri 9/23/22
Thu 9/29/22
25FF
28
60% Design Submittal
0 days
Thu 9/29/22
Thu 9/29/22
25,26,27
29
60% City Review
4 wks
Fri 9/30/22
Thu 10/27/22 28
30
60% Review Workshop
0 days
Thu 10/27/22 Thu 10/27/22 29
31
90% Design
51 days
Fri 10/28/22
Tue 1/17/23
32
Potholing
2 wks
Fri 11/4/22
Thu 11/17/22 30FS+1 wk
33
90% Plans
6 wks
Fri 10/28/22
Mon 12/12/22 30
34
90% Specifications
3 wks
Fri 11/18/22
Mon 12/12/22 33FF
35
90% EOPCC
1 wk
Tue 12/6/22
Mon 12/12/22 33FF
36
90% Design Submittal
0 days
Mon 12/12/22 Mon 12/12/22 33,34,35
37
90% City Review
4 wks
Tue 12/13/22 Mon 1/16/23 36
38
Chandler Development Services Permit Application
4 wks
Tue 12/13/22 Mon 1/16/23 36
39
MCESD ATC Permit Application
4 wks
Tue 12/13/22 Mon 1/16/23 36
40
90% Review Meeting
0 days
Tue 1/17/23
Tue 1/17/23
37FS+1 day,38FS+1 
41
Construction Documents
15 days
Wed 1/18/23 Tue 2/7/23
42
100% Plans
3 wks
Wed 1/18/23 Tue 2/7/23
40SS
43
100% Specifications
3 wks
Wed 1/18/23 Tue 2/7/23
42FF
44
100% EOPCC
1 wk
Wed 2/1/23
Tue 2/7/23
42FF
45
Construction Documents Submittal
0 days
Tue 2/7/23
Tue 2/7/23
42,43,44
46
CMAR Coordination
166 days
Thu 7/21/22
Tue 3/21/23
47
CMAR Coordination
136 days
Thu 7/21/22
Tue 2/7/23
45FF,21
48
GMP Review
6 wks
Wed 2/8/23
Tue 3/21/23
47
NTP
2/21
Preliminary DCR and Conceptual Design (15%) Submittal
5/13
5/31
6/21
30% Design Submittal
7/20
30% Review Meeting
8/17
60% Design Submittal
9/29
60% Review Workshop
10/27
90% Design Submittal
12/12
90% Review Meeting
1/17
Construction Documents Submittal
2/7
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
Qtr 1, 2022
Qtr 2, 2022
Qtr 3, 2022
Qtr 4, 2022
Qtr 1, 2023
Qtr 2, 2023
City of Chandler
Dobson Road/Chandler BLVD Water Realignment
Design Schedule
Original Date: 12/9/2021
Date Revised: 12/20/2021
Date Printed: 12/20/2021
Page 1

Phone: (602) 997-6164  
Website: www.sscunderground.com  E-mail: michelle@sscunderground.com 
Contractor’s License No. AZ 085634 / CA 1006387 / NM 382037   
 
SERVICE AGREEMENT 
 
December 16, 2021 
 
Specialized Services Company, an Arizona Corporation (“SSC” and/or “Specialized Services”), 2001 W. North 
Lane, Phoenix, Arizona, 85021, proposes to furnish and provide all labor, material, and equipment necessary to provide 
the following services for Dibble Engineering (the “Client”):  
 
 
Services to be performed: Vacuum excavation services as required at Client-designated sites.  
 
Time or Location of Performance:  Chandler Blvd. & Dobson Rd. Main Replacement  
 
Scope of Work: See Attachment A  
 
Payment Terms: Net 30 days 
 
Any alteration or deviation from the specifications contained in this proposal involving extra cost for material, labor, or 
other expenses resulting from the alteration or deviation from the specification will only be executed upon written orders 
for same, and will require extra charges over the sum quoted in this proposal.  All agreements will be made in writing. 
 
SPECIALIZED SERVICES COMPANY 
By: 
 
        
 
Arvid Veidmark III – Corporate Secretary 
 
Client’s Acceptance: 
Specialized Services Company is hereby authorized to furnish all labor, equipment, and other resources required to 
complete the work described in this proposal as required by the Client, for which the Client agrees to pay the amount 
specified in said proposal and according to the terms thereof.  Should either party to this Agreement be in default and the 
contract placed in the hands of a third party for collection, or if suit is brought thereon, the undersigned organization, or 
person or persons or either, agree to pay reasonable collection or attorney’s fees, plus default interest at 1.5 % per 
month in addition to the amount due thereon for the expenses of collection. 
 
All parties agree that a facsimile transmission of the signature constitutes an original and binding document. The laws of 
the State of Arizona shall govern this Agreement and suits may only be brought in Arizona courts. 
 
Signature Corporate Officer: __________________________________________ Date: ___________ 
 
Authorized to sign for: ___________________________________________________ (Print company name) 
 
Print Name: _________________________________________________ Title: ___________________

Initial: ______________ 
Date: ______________ 
 
(My Documents/Vacuum Excavation Proposals 2021/Dibble @ Chandler Blvd and Dobson Rd Intersection Sewer Improvements) 
2
 
ATTACHMENT A 
This Attachment A is specifically incorporated into and made a part of the Service Agreement between Specialized Services Company 
and the Client.   
Scope of Work: 
- 
SSC will provide a vacuum truck and crew to vacuum excavate and expose utilities at approximately 20 locations as 
designated by the Client.  (5 Preliminary, 15 Additional) 
- 
SSC will backfill all holes with ½ Sac Slurry. 
- 
SSC will core asphalt or concrete per MAG212 “Keyhole” and replace using Utilibond.  
- 
SSC will provide survey to set control points at each of the requested locations.  
- 
SSC will provide the Client with a stamped pothole report for each utility located.  
- 
SSC will provide all traffic control and off duty officers required per the City of Chandler. 
 
Cost Estimate: 
20 potholes @ $1,250.00 per pothole =  
$25,000.00 
 
 
** City of Chandler permits will be cost +15% 
 
 
 
• 
SSC will supply the Client with a hand-written Utility Report for each utility located, included in hourly rate. 
• 
Additional crewmembers are $48.00 per hour. 
• 
Any utility we pothole where we encounter slurry backfill or concrete encasement will require 2 holes, one on either side of 
the encasement to confirm the depth on each side.   
• 
The Client or Owner is responsible for all compaction testing on holes. 
 
 
 
 
Comments: 
A. 
SSC will keep daily logs and sign-off sheets on site for hour/hole projects. The Client is responsible for having a representative on-site to sign-
off on a daily basis.  If the Client does not have a representative on-site to sign-off, then the Client agrees to accept all hour/holes billed by 
SSC backed up by the daily logs. 
B. 
SSC is not responsible for cleaning-out excavations dug by SSC crews that become filled with rain run-off, debris from broken water, sewer, 
and force main or pressurized lines that fill the hole or cause settlement.  The Client and SSC will mutually determine additional compensation 
for SSC’s time and materials to clean out any excavations. 
C. 
SSC reserves the right to subcontract any portion of the work listed in the scope and inclusions as needed to maintain the Clients schedule. 
D. 
Mobilization of equipment and personnel for this project will be subject to availability of equipment on a first come-first served basis at the 
time of an executed subcontract. 
E. 
Where safety is an issue an additional crewmember may be required, this would be if excavating in a pit over 4’ deep or in an area where 3 
crewmembers are needed to run the job safely.  Where this is the case the additional crewmember will be charged to the job at the rate listed 
on page 2. 
F. 
During the course of the agreement if a project arises that has Davis-Bacon Wages, SSC reserves the right to increase the hourly rate to 
compensate for the increase in hourly pay to the crew members. 
G. 
Customer understands and agrees that services performed using electronic utility locating may result in less than all buried lines, pipes and 
other items from being located.  Electronic utility locating can be used to provide a starting point of locating of private utilities, followed by 
vacuum excavation to confirm the exact elevation and location of the identified utility. 
H. 
A pre-lien notice will be mailed on all projects and is not a reflection on the integrity of any Owner, Contractor or Subcontractor.

Initial: ______________ 
Date: ______________ 
 
(My Documents/Vacuum Excavation Proposals 2021/Dibble @ Chandler Blvd and Dobson Rd Intersection Sewer Improvements) 
3
Exclusions: 
Specialized Services Company is not responsible for the following: 
A. 
De-watering of any type if ground water is encountered during excavation or potholes 
B. 
Replacement of any permanent concrete replacement such as sidewalk or driveways and any compaction testing on the holes after backfilling. 
C. 
Supply, setup, tear down, and removal of any temporary fencing of entire job site, pits & equipment 
D. 
Permits, bonds and sales taxes (SSC Bond rate 2.5%)  
E. 
Special insurance, special wording including but not limited to additional insured on forms CG2010 ($100.00 per additional insured listed) & 
CG2037 ($500.00 per additional insured listed). 
F. 
Construction water and/or fire hydrant hook-ups and any meters 
G. 
Security personnel to protect the job site 
H. 
Steel plates of any size to cover the hole or excavation 
 
This offer is good for 15 days from date of issue.

Initial: ______________ 
Date: ______________ 
 
(My Documents/Vacuum Excavation Proposals 2021/Dibble @ Chandler Blvd and Dobson Rd Intersection Sewer Improvements) 
4
Project Information Sheet 
Please help us to provide you with the best service by providing this basic project and administrative information. 
Project Name: _________________________________________________________________________ 
Actual Address: ________________________________________________________________________ 
Project Owner: ________________________________________________________________________ 
Field Contact: _________________________________________ Phone #: ________________________ 
Billing Contact: _______________________________________    Phone #: ________________________ 
E-Mail Address for Invoices: ______________________________________________________________ 
Job #/PO # to Reference on Invoices: _______________________________________________________ 
Any other information that might be helpful for us to know: 
_____________________________________________________________________________________ 
_____________________________________________________________________________________ 
_____________________________________________________________________________________ 
_____________________________________________________________________________________ 
Thank you!

Geotechnical 
Environmental 
Construction QA/QC 
1 
SAECO 
5861 S. Kyrene Road, Suite 5 
Tempe, Arizona 85283 
 
 
 
December 16, 2021 
Attention: 
Jacob Nelson, P.E. 
 
Dibble Engineering 
7878 North 16th Street 
Suite 300 
Phoenix, Arizona, 85020 
Subject: 
Proposal for Geotechnical Engineering Services 
 
Chandler Boulevard Water Main Improvements 
 
Dobson Road to Chippewa Place 
 
Chandler, Arizona 
 
SAECO Proposal No. PG44.21.089 
Smith & Annala Engineering Co. (SAECO) is pleased to submit this proposal to provide geotechnical 
engineering services in support of the design and construction of the proposed project. 
 
PROJECT DESCRIPTION 
SAECO understands the scope of services for this project involves a geotechnical investigation to develop 
recommendations for the City of Chandler water main replacement located along Chandler Boulevard 
from Dobson Road to Chippewa Place. The proposed water main is anticipated to be constructed up to 6 
feet below the existing surface.  
 
SCOPE OF SERVICES 
SAECO’s scope of services will consist of the following major task items:  
 
Coordinate with appropriate personnel to obtain Arizona 811 utility clearance for the overall 
investigation program.  
 
Coordinate with Dibble to obtain the Right-of-Entry permit to perform our proposed field work. 
 
Obtain a traffic control plan and coordinate the installation of traffic control measures during the 
execution of our investigation. 
 
Perform the requested subsurface investigation along the project alignment. 
 
Provide geotechnical laboratory testing of samples obtained from the subsurface investigations.  
 
Prepare borehole logs.  
 
Perform geotechnical analysis for the proposed sewer infrastructure and provide geotechnical 
recommendations for its construction.  
 
General project administration, such as subcontractor coordination. 
 
Post-design and pre-construction engineering services as needed.

Geotechnical Engineering Services 
Chandler Boulevard Water Main Replacement 
SAECO Proposal Number PG44.21.089 
 
 
Geotechnical 
Environmental 
Construction QA/QC 
2 
SAECO 
5861 S. Kyrene Road, Suite 5 
Tempe, Arizona 85283 
 
2.1 
Subsurface Geotechnical Investigation 
We will attempt to determine the subsurface geotechnical engineering characteristics by performing 3 
exploratory soil boring extending 10 feet below the existing ground surface. The proposed borings will be 
performed in the existing pavement, and upon completion, it will be immediately backfilled and patched 
per the City of Chandler’s requirements. 
Geotechnical borings will be performed using hollow stem auger. During boring advancement bulk 
samples will be collected from auger cuttings, and driven samples will be taken at various intervals. 
Samples collected during drilling operations will be visually classified in general accordance with the 
Unified Soil Classification System (USCS) and will then be appropriately packaged for transport to our 
laboratory in Tempe, Arizona.  
The locations where explorations are performed will be estimated using tape measures or pacing and 
estimating bearings from features shown on client provided site plans and publicly available aerial 
photography. If more precise locating of the explorations is required, we recommend all exploration 
locations be staked in the field and we may also request that additional coordination be provided to assist 
us in identifying the field locations. Depending on existing site conditions borings may be offset to avoid 
conflicts with underground or overhead utilities, limited access to equipment, or other conditions based 
on our engineering judgment or other safety considerations. 
We anticipate, that once we receive notice to proceed, the site will be open and accessible to truck 
mounted equipment. If this is not the case additional fees may be required for delays, additional 
mobilization, or the use of any all-terrain capable equipment. 
Upon completion, the exploration will be immediately backfilled and patched, following City of Chandler’s 
requirements. Some ground surface and vegetation disturbance may be required to provide vehicle 
access. If there are concerns about potential site disturbance from our activities these should be discussed 
prior to the beginning of our field activities. 
2.2 
Laboratory Testing 
Selected samples collected from our field investigation will be tested for the following:  
 
Moisture Content of Soil 
 
In-Situ Dry Densities of Soil 
 
Grain-Size (Sieve) Analyses of Soil 
 
Atterberg Limits of Soil 
 
Moisture-Density Relationship 
 
Remolded Swell 
 
Unless other arrangements are made, any samples that remain after testing will be stored in our 
laboratory for three months after the date the report is issued and will then be disposed of.

Geotechnical Engineering Services 
Chandler Boulevard Water Main Replacement 
SAECO Proposal Number PG44.21.089 
 
 
Geotechnical 
Environmental 
Construction QA/QC 
3 
SAECO 
5861 S. Kyrene Road, Suite 5 
Tempe, Arizona 85283 
 
2.3 
Geotechnical Evaluation 
We anticipate the evaluation will include, but not be limited to considering the following: 
 Geotechnical Related Site Conditions 
 
Current Site Conditions 
 
Subsurface Conditions 
 
Groundwater 
 
Past Site Conditions 
 
Geologic Setting 
 
Faulting and Seismicity 
 
Subsidence and Earth Fissures 
 
 
 Earthwork Recommendations 
 Site Preparation 
 Fill Materials 
 Compaction 
 Workability 
 Excavation Conditions 
 Earthwork Shrinkage 
 
 Geotechnical Recommendations 
 
Pipeline-Design Soil 
Parameters 
 
Lateral Earth Pressures 
 
Manhole Structure Bearing 
Pressures 
 
Foundation Types 
 
Site Drainage 
 
Asphalt Replacement 
Recommendations 
 
Bearing Capacity 
 
 
2.4 
Deliverables 
One electronic report will be issued providing our findings, conclusions and recommendations with 
supporting figures and diagrams. The report will include a cover letter sealed by a professional engineer, 
licensed in the State of Arizona.   
 
SCHEDULE  
SAECO will work within the requirements of Dibble’s schedule.  The start of the field investigation will be 
contingent upon receipt of all necessary utility clearance, right-of-way permits, and site access as well as 
the availability of the drilling subcontractor; this can usually be scheduled to start the same week utility 
clearance is obtained. It may take 4 to 6 weeks to obtain the right-of-way permit from City of Chandler. 
The field investigation will likely take one day to complete.  Our field work will be performed during our 
business hours which are typically between 6 a.m. to 5 p.m., Monday through Friday, (excluding major 
holidays). Special arrangements can be made to perform our work outside of these days and hours, but 
additional fees may be incurred.  Geotechnical analysis and reporting will occur coincident with laboratory 
testing.  
The final report will be issued within 4 weeks from the completion of field exploration program.  
 
ENGINEERING FEES AND AUTHORIZATION 
SAECO has developed a Lump Sum fee of $7,500 for the scope of work described above.  
Geotechnical engineering support services needed after the issuance of our report and prior to the 
beginning of construction will be billed on a time and materials basis according to the attached schedule 
of fees. We anticipate that our efforts during this phase of the project will not exceed approximately 
$1,500.

Geotechnical Engineering Services 
Chandler Boulevard Water Main Replacement 
SAECO Proposal Number PG44.21.089 
 
 
Geotechnical 
Environmental 
Construction QA/QC 
4 
SAECO 
5861 S. Kyrene Road, Suite 5 
Tempe, Arizona 85283 
 
SAECO appreciates the opportunity to provide a proposal for these services. We look forward to working 
with you on this project. 
Sincerely, 
 
 
Justin A. Thomas, P.E. 
Senior Project Engineer 
jathomas@saecosafe.com 
 
Work Authorized by: ____________________________  
Date: _______________ 
Print Name: ______________________ 
Title: ______________________

5861 S. Kyrene Rd. Ste.5 
Tempe Arizona 85283 
Ofc: (480)659-4101 
Fax: (480)659-5484 
www.SAECOSafe.com 
          
2021 Fee Schedule 
Professional Services 
Principal Engineer/Geologist/Environmental Scientist 
$195/Hr. 
Senior Project Manager/Engineer/Geologist/Environmental Scientist 
$160/Hr. 
Project Manager/Engineer/Geologist/Environmental Scientist 
$140/Hr. 
Senior Staff Engineer/Geologist/Environmental Scientist/Sr. Special Inspector 
$95/Hr. 
Staff Engineer/Geologist/Environmental Scientist/Special Inspector 
$80/Hr. 
Technical Illustrator/CAD Operator 
$75/Hr. 
Geotechnical/Environmental/Laboratory Assistant 
$65/Hr. 
Materials Supervisor 
$100/Hr. 
Senior Materials Technician (ATTI, ACI) 
$68/Hr. 
Materials Technician 
$60/Hr. 
Report Preparation/Dispatch 
$65/Hr. 
NDT and Special/Steel Inspector 
$95/Hr. 
Core-Drilling (1-technician crew) 
$100/Hr. 
Sample Runner (No Trip Charge) 
$50/Hr. 
OTHER CHARGES 
Expert Witness Testimony 
$350/Hr. 
Vapor Emissions Kits 
$30/Hr. 
Field Vehicle Usage 
$0.60/mi 
Direct Project Expenses 
Cost plus 15% 
 
NOTES 
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work 
performed in excess of 8 hours in one day Monday through Friday and all day on Saturday and Sunday. Rates at twice the regular 
rates will be charged for all work in excess of 12 hours in one day and all day on holidays. Lead time for any requested service 
is 24 hours.  
 
Special Inspector and Field Technician rates are based on a 4-hour minimum charge. Field personnel are charged portal to portal.

SCHEDULE OF FEES FOR LABORATORY TESTING 
Laboratory Test, Test Designation, and Price per Test 
 
SOILS 
Atterberg Limits, Dry Preparation, D4318/T89,T90 ........................ $75 
Atterberg Limits, Wet Preparation, D4318/T89,T90 ..................... $105 
California Bearing Ratio (CBR), D1883 .......................................... $375 
Chloride and Sulfate Content, ARIZ 733, 736 ................................. $60 
Consolidation, (with 2 time rates) D2435, T216 ........................... $235 
Consolidation, Full Cycle (without time rates) .............................. $170 
Consolidation, (response-to-wetting, includes 5 points) ................ $95 
Direct Shear – Undisturbed, D 3080, T236 ................................... $295 
Direct Shear – Remolded, D 3080, T236 ....................................... $350 
Expansion Index, D 4829, UBC 18-2 .............................................. $175 
Expansion Potential, D 4546 ........................................................... $95 
Hydraulic Conductivity, D5084 ..................................................... $405 
Hydrometer Analysis, D422, T88 .................................................. $140 
Double Hydrometer Analysis, D422, T88 ...................................... $175 
Moisture, Ash, & Organic Matter of Peat/Organic Soils ................. $85 
Moisture Only, D 2216, T265 .......................................................... $15 
Moisture and Density, D2937 ......................................................... $25 
Permeability, CH, D2434, T215 ..................................................... $295 
pH and Resistivity, ARIZ 236 ......................................................... $105 
Proctor Density, D1557, D698, T99, T180 ..................................... $115 
R-value, D2844, T190 .................................................................... $425 
Sand Equivalent, D2419, T176 ........................................................ $55 
Sieve Analysis, D422 ..................................................................... $105 
Sieve Analysis, 200 Wash, D1140 ................................................... $50 
Specific Gravity, D 854 .................................................................... $75 
Thermal Resistivity (ASTM 5334, IEEE442) ................................... $900 
Triaxial Shear, C.U., three points, D4767, T297 ......................... $1,500 
Triaxial Shear, U.U., one point, D2850, T296 ................................ $500 
Unconfined Compression, D2166, T208 ....................................... $150 
Wax Density, D1188 ....................................................................... $75 
 
ASPHALT CONCRETE 
Asphalt Content/Gradation (Ignition Oven), T308, D6307 ........... $165 
Marshall Stability, Flow and Unit Weight, T245 ........................... $175 
Marshall and Unit Weight T245 .................................................... $145 
Maximum Theoretical Unit Weight (Rice), D 2041 ....................... $165 
Gyratory Density, T312 ................................................................. $165 
Bulk Specific Gravity, per specimen, D 2726................................... $20 
Bulk Specific Gravity, per specimen (coated), D 1188 .................... $40 
AGGREGATES 
Absorption, Coarse, C127 ............................................................... $45 
Absorption, Fine, C128 ................................................................... $75 
Clay Lumps and Friable Particles, C142 .......................................... $95 
Fractured Face ARIZ 212 ................................................................. $95 
Los Angeles Abrasion, C131 or C535 ............................................ $155 
Potential Reactivity of Aggregates, C1567/C1260 ........................ $900 
Sand Equivalent, T176 .................................................................... $55 
Sieve Analysis, C136 ....................................................................... $50 
Sieve Analysis (including wash), C136 and C117 ............................ $80 
Sulfate Soundness (per size fraction), C88 ................................... $350 
Specific Gravity, Coarse, C127 ........................................................ $55 
Specific Gravity, Fine, C128 ............................................................ $65 
Unit Weight C29, T19 ..................................................................... $45 
 
MASONRY 
Concrete Block Compression Test, 8x8x16, C140  .......................... $65 
Cores, Compression or Shear Bond ................................................ $25 
Masonry Grout, UBC 21-18  ........................................................... $16 
Masonry Mortar, UBC 21-16 .......................................................... $16 
Masonry Prism, half size, compression, UBC 21-17 ....................... $85 
 
CONCRETE 
Compression Tests, 4 x 8 Cylinder, C39 .......................................... $16 
Compression Tests, 6 x 12 Cylinder, C39 ........................................ $18 
Compression Test, Slurry ................................................................ $18 
Concrete Beam Modulus of Rupture .............................................. $45 
Concrete Mix Design Review, Job Spec ........................................ $125 
Concrete Mix Design, per Trial Batch, ACI .................................... $650 
Concrete Cores, Compression (excludes sampling), C42 ................ $40 
Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI .... $190 
 
 
 
 
 
 
 
 
*Special preparation of standard test specimens will be charged at the technician’s hourly rate. 
 
SAECO is accredited to perform the AASHTO and ADOT equivalent of many ASTM Test procedures.

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
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 BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
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 BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
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 BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
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: CHANDLER BOULEVARD - DOBSON ROAD TO CHIPPEWA PLACE WATER IMPROVEMENTS 
Project No.: WW2005.203 
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. 
 
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.