Agreement - Wilson Engineers, LLC
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City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
PROFESSIONAL SERVICES AGREEMENT
Design Services
RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No. WW2206.201
Council Date: April 28, 2022 Item No.
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________,
2022 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation,
("City''), and Wilson Engineers, LLC, an Arizona limited liability company, ("Consultant") (City
and Consultant may individually be referred to as “Party” and collectively referred to as
“Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for RECLAIMED WATER
CONVEYANCE 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
the most suitable grade and quality for the intended purpose of the work or service.
City of Chandler Professional Services Agreement
Page 2
Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
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 600
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 $3,644,659 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: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
To City:
City of Chandler
Public Works & Utilities Department
Attn: Acting CIP City Engineer
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3349
Email: Kimberly.moon@chandleraz.gov
With a Copy to:
City of Chandler
Public Works & Utilities Department
Attn: Project Manager
P.O. Box 4008, Mail Stop 407,
Chandler, AZ 85244-4008
To Consultant:
Wilson Engineers, LLC
Mailing Address: 1620 W Fountainehead Pkwy Ste 501 Tempe AZ 85282
Statutory Agent Name: Stephen M Todd
Statutory Agent Mailing Address: 1620 W Fountainehead Pkwy Ste 501
Tempe AZ 85282
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name: Uday Kumar Gandhe
Title: Principal
Phone: 480-893-8860
Email: uday.gandhe@wilson-engineers.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final contract payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its contracts with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
the appropriate federal agency, has access to the subconsultants’ records to verify the
accuracy of all cost and pricing data. City reserves the right to decrease Contract price or
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow City to audit their records to
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results
in a substantial change in this Agreement, thereby materially increasing or decreasing the
scope of services, cost of performance, or Project schedule, the work will be performed as
directed by City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work
or materials furnished by Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that City reserves the right, at its discretion and without cause, to
terminate or abandon any service provided for in this Agreement, or abandon any portion of
the Project for which services have been performed by Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and City. If there is no mutual agreement on payment, the final determination will
be made in accordance with the "Disputes" provision in this Agreement. However, in no event
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
the Parties agree on the final fee. If City is found to have improperly terminated the
Agreement for cause or default, the termination will be converted to a termination for
convenience in accordance with the provisions of this Agreement.
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys' fees and costs of claim processing, investigation and
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful,
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers'
compensation law or on account of the failure of Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding a contract to
any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding a
contract to any natural person who cannot establish that such person is lawfully present in
the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of contract award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
contract with City, Consultant must first notify City as set forth in this Section of the request
or demand for the data. Consultant or its subconsultants must give City sufficient facts so
that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 3/3/2022
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
SIGNATURE PAGE TO FOLLOW
City of Chandler Professional Services Agreement – Exhibit “A”
Page A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 10/28/2021
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
RECLAIMED WATER CONVEYANCE
IMPROVEMENTS PROJECT
SCOPE OF SERVICES
CITY PROJECT NUMBER: WW 2206.201
March 23, 2022
The City of Chandler (CITY) intends to convey additional reclaimed water from Airport Water
Reclamation Facility (AWRF) to the Ocotillo area. This would require utilization of existing
infrastructure (such as the current 24-inch diameter reclaimed water transmission main) and installation of
additional offsite pipeline within the rights of way and on site infrastructure at City’s reclamation
facilities. These improvements at the Airport WRF include addition of new pumps, new piping, and new
electrical building at the Reclaimed Water Pump Station. The improvements at the Ocotillo Water
Reclamation Facility (OWRF) include a flow control/PRV station, additional piping within the OWRF
site to convey flows to the BRW Tank. The preliminary findings for the reclaimed water hydraulic model
identifies approximately half-a-mile section of pipeline on McQueen Road from Queen Creek Road to
Ryan Road. The City is further reviewing the results and may add other segments to the project later.
The offsite reclaimed water infrastructure also would include design of Aquifer Storage and Recovery
(ASR) Wells to recharge and recover water. The City is currently moving forward with a separate siting
study to identify a site for up to four ASR wells. This proposal includes effort for design, permitting,
drilling oversight and equipping of two new ASR wells at the locations identified by the Hydrogeological
Consultant (Matrix New World). The City may add additional ASR wells at a later stage. The project
will also include effort for obtaining permitting and permit coordination with multiple agencies including
ADEQ, ADWR, Maricopa County, and the City of Chandler. The project will be delivered in multiple
construction phases, and the design of facilities will be completed in multiple packages (up to four
packages are anticipated). The scope of services for this phase is identified in the following paragraphs.
SCOPE OF SERVICES
The ENGINEER will complete the following scope for Design Phase of the project. Subsequent phases of
work or any additional work identified by the City, or any construction-related services for the Project
will be completed under separate contracts.
TASK 100- PROJECT MANAGEMENT
The ENGINEER will perform various project management and monitoring activities throughout the
project, as delineated in the following tasks and sub-tasks. The ENGINEER shall prepare and submit
regular monthly invoices and shall include a summary of the work completed for each billing cycle. The
ENGINEER shall prepare authorization for Use of Allowance and obtain CITY’s approval prior to
beginning of any allowance work.
Prepare and distribute agenda and minutes for each meeting. Agenda will be submitted to the CITY at
least two (2) days prior to the meeting. Minutes will be submitted to the CITY no more than five (5) days
following each meeting.
Task 101 - Project Kickoff Meeting: Conduct a project kickoff meeting approximately two (2) weeks
following receipt of written NTP from the CITY. Meeting objectives will be to review the various draft
submittals (including the project schedule and Project milestones); confirm lines of communication; and
coordinate the schedule of bi-weekly project meetings anticipated throughout the Project.
Task 102 - Project Meetings: Conduct monthly project meetings with CITY representatives throughout
the Project to keep the CITY informed of the project progress and obtain input and direction as required.
The monthly meeting objectives will include the presentation of alternative evaluations for CITY review
and approval; results from data collection, and other outstanding project issues. The anticipated number of
planned monthly meetings during this phase shall be twenty, exclusive of the project kickoff meeting.
Task 103 - Project Workshops: Conduct additional coordination meetings and workshops with CITY
and other project stakeholders as necessary to obtain timely input and feedback on the progression of the
Project, including key interaction with CITY operations and maintenance (O&M) staff regarding process
alternative evaluations. A total of three Project Workshops are anticipated for the project.
Deliverables: Meeting Agenda and Summary Notes (electronic copies)
Task 104 - Project Schedule: Develop and maintain a project progress schedule during the Project. The
schedule will be developed in MS Excel format. Project timelines, along with Identification of task inter-
relationships, will be included. Schedule will include both original baseline and actual progress. A draft
baseline project schedule will be submitted to the CITY for review and approval. The project schedule
will be updated monthly to be reviewed at project meetings.
Deliverables: Baseline Project Schedule and Monthly Updates (electronic copies)
TASK 200- PRELIMINARY DESIGN
Preliminary design effort for the project includes evaluation of design elements at the Airport WRF,
evaluation of distribution piping, PRV station layout, and hydraulics at the OWRF, identifying alternative
alignments for the offsite pipeline on McQueen Road, and ASR wells preliminary design which includes
pump, motor, lubrication system, ancillary equipment, piping configuration, electrical and instrumentation
and well site layouts.
The Preliminary Design Reports (PDR) developed under this Task will include preliminary design of
improvements identified to proceed with detailed design on this project. The preliminary design will
include development of process and equipment sizing, review of any alternatives; review applicable
codes, standards, design criteria; and the capital and annual O&M cost estimates for each item selected
for the project. The preliminary design will be the basis for the preparation of detailed design plans and
specifications (Task 300). The following tasks describe the specific efforts associated with the
Preliminary Design development.
Task 201 Preliminary Design Report: The ENGINEER will provide summary description for
improvements that have been determined to be included in this project. The ENGINEER shall advance
the design concepts and provide preliminary design criteria, document the preliminary alternatives,
schematics, layouts, and criteria developed and evaluated in previous tasks into an overall Preliminary
Design Report for both facilities. Separate PDRs will be prepared for ASR wells and offsite
improvements as they will be permitted as separate packages with the regulatory agencies and at different
times. The PDRs shall include the following elements:
Executive summary that briefly summarizes the project elements identifying the reasons for
decisions that were made (for project elements) to be included as part of this project.
Process flow diagrams and schematics for the treatment processes, including preliminary
hydraulic profile (where applicable).
Compilation of the anticipated preliminary design criteria for facilities and ancillary facilities,
compiled from the preliminary criteria developed under previous tasks.
Preparation of a budgetary-level preliminary opinion of probable construction cost with project-
related administrative, general conditions, bonds, insurance and other indirect costs (including
design and construction management related fees) will be included to determine a total project
cost estimate.
Overall purpose of the Preliminary Design Report is to identify and finalize key design decisions to
transition into detailed design. The draft PDR will be submitted to CITY for review. Along with the
PDR, a 30% level design drawings will also be submitted for City’s review (30% Progress Submittal are
discussed below). Upon receipt of comments, the ENGINEER will make appropriate revisions and submit
a final PDR to the CITY.
Deliverables: Draft and Final Preliminary Design Report (6 copies each and electronic copy)
Task 202 Drainage Report: The ENGINEER will prepare a Drainage Report and preliminary Grading
and Drainage Plan to document the site drainage conditions for new structures or facilities that are part of
this project at the ASR Wells site. The Drainage Report will be submitted to the CITY along with the
Agency Review submittal.
Deliverables: Draft and Final Drainage Report (electronic copies)
Task 203 Develop Process Control Descriptions: The ENGINEER will write control descriptions of
each process area to be configured in the computer control system. The Engineer will obtain information
from a combination of process design personnel, contract documents, preliminary equipment supplier
schematics, and City staff for details and examples of process operation. The control descriptions will be
coordinated with the process and instrumentation diagrams and the process design intent. Control
descriptions will be developed to provide a process description and basic operating instructions and will
be in Microsoft Word format. The control descriptions will consist of the following:
Background information of the equipment and process
Purpose of local and computer control at the facility
Description of local control
Description of computer manual control
Description of computer automatic control
List of indicators and alarms available at the local panels
List of indicators and alarms available at the computer control system
List of trends to be recorded at the computer control system
After a draft set of control descriptions are completed for each process area, they will be submitted to the
City for review. A review meeting will be held with the City to obtain comments. The control
descriptions will be finalized based on CITY comments and will be included in the Contract Documents
and submitted to the CITY for their use. Control descriptions will be developed for the following
processes:
AWRF Reclaimed Water Pump Station
OWRF PRV Station
Well Pump Operation for Production/Recovery
Well Operation for Recharge
Well Operation for Pump-to-Waste / Equalization Tank Operation for Pump-to-Water
Monitor Well Operation
Disinfection Feed System
Miscellaneous Support Systems
TASK 300 DETAILED DESIGN
The ENGINEER will prepare detailed construction documents for the Project. . The documents will be
used by the CMAR to prepare the construction cost model and corresponding GMP, project schedule,
equipment and subcontractor procurement; as well as by the regulatory agencies to issues applicable
permits for the construction and operation of the Project.
Preparation of construction drawings and technical specifications will be as follows:
1. Drafting and CADD Standards: The organization and preparation of construction drawings shall be in
accordance with the City drafting guidelines.
2. Technical Specifications: Technical specifications shall be prepared using the City’s Standard
Specifications Guide Documents, Divisions 1 through 17.
The Engineer will prepare progress submittal packages when the design, drawings, and specifications are
considered 30, 60, and 90 percent (%) complete as described in this scope of services. Two (2) copies of
the progress submittal packages will be included with each submittal for City review. The level of detail
on the drawings in each progress submittal should be as given below.
Task 301 - Thirty Percent (30%) Progress Submittal
The design scheme is decided and working drawings are prepared. These drawings are used to convey
information about the Project’s overall appearance and configuration to the City and other Project
stakeholders. These drawings are not intended for construction. The lists of drawings and specifications
for each discipline are ready for City review.
1.
Process and hydraulic design:
Hydraulics: Hydraulic analysis required for design (e.g., pipeline hydraulics, pump selection, etc)
is complete and calculations are checked.
Process: Process design (e.g., chemical dosage, specialty equipment selection, etc) all process
calculations are completed and checked.
2.
Civil:
Existing utilities are plotted; existing facility horizontal controls and elevations are confirmed
with current survey.
All unit treatment process structures, as required in design, are located.
Preliminary drawings include overall site layout, large diameter pipe, yard piping and major
grading elements.
Demolition plans, as applicable, are prepared.
Conceptual drawings showing drainage patterns and means for control and disposal.
3.
Structural/Architectural:
The detailed design approach for each structural component is established.
Layout plan drawings and principal sections are started.
Architectural concepts defined.
Preliminary architectural plans and sections are prepared.
4.
Electrical:
Preliminary single line diagrams of major distribution system and MCCs are prepared.
Preliminary electrical room arrangements are prepared.
Partial equipment control schematic diagrams are prepared.
Preliminary electrical plans showing locations of switch gear, conduit runs and main motor
control centers are prepared.
6. Instrumentation: Process and Instrumentation Devices (P&ID) should be developed to a degree which
depicts the following:
General instrumentation and control philosophy.
Type of instrumentation.
All primary and secondary control devices.
Process area designation, drawing and equipment numbering system identified.
Preliminary Process Control strategies should be complete. Process control strategies shall be discussed
and reviewed with the plant personnel at a project workshop prior to the 30% submittal. The draft
process control strategies shall be submitted to the City prior to the meeting to provide sufficient time for
City staff review.
No specification submittal will be required at this time. The 30% Progress Submittal will be made along
with the PDR discussed in Task 200 above.
Deliverables: Half size drawings (6 copies and a pdf copy). General instrumentation philosophy
document and conceptual process overview schematic.
Task 302 - Sixty Percent (60%) Progress Submittal
The drawings and specifications for each discipline are coordinated and have progressed where the design
intent is established and must show the work in sufficient detail that a contractor can recognize elements
and requirements for construction. All comments from the 30% submittal are satisfactorily addressed.
The set of drawings will include a cover sheet and an index sheet.
1.
Civil:
All facilities are shown and located.
Grading plans and demolition plans are substantially complete.
Plan sheets are substantially complete.
Design calculations are complete.
Draft specifications are assembled.
3.
Architectural:
Floor, roof, and ceiling plans are near complete.
Elevations and sections are essentially complete.
Door, window, and finish schedules are partially complete.
Architectural detailing is partially complete.
Draft specifications are assembled.
4.
Structural:
Foundation plans are essentially complete.
Other plans and sections are partially complete.
Design calculations are complete.
Structural detailing is partially complete.
Draft specifications are assembled.
5.
Mechanical (includes process equipment, plumbing, HVAC, and fire suppression):
Mechanical plans and sections are essentially complete.
Mechanical details are partially complete.
Equipment and valves are included in equipment schedules. Piping schedules are complete.
Specifications for the major equipment items are essentially complete.
Design calculations are complete.
6.
Electrical:
Single line diagrams and motor control diagrams are partially complete.
Power and control plans are partially complete.
Panel, light fixtures schedules are complete.
Duct bank and pull box details are partially complete.
Lighting and receptacle plans are partially complete.
Specifications for major equipment items have been drafted.
Design calculations are complete.
Control schematic diagrams are partially complete.
7.
Instrumentation:
P&IDs are essentially complete.
Process Control Strategies are essentially complete.
I & C details are partially complete.
Specifications for instrumentation devices are started.
The ENGINEER shall finalize the process control narratives for the improvements at the WRFs, prior to
completion of the 60% detailed design documents and after a detailed review of the narratives with the
City staff.
Deliverables: Half size drawings (6 copies and a pdf copy). Draft specifications for major equipment for
the project along with a list of equipment vendors for City’s review. Process Control Descriptions for all
processes that are included in the project including descriptions for any new processes that are added.
Task 303 - Ninety Percent (90%) (Agency Review) Progress Submittal
Drawings and details in all disciplines should be complete. Specifications should be essentially complete.
Design calculations in all disciplines shall be essentially complete and checked. Comments on design,
drawings and specifications from previous reviews must have appropriate responses before the 90%
progress submittal is submitted. Comments from both the 30 and 60 percent reviews by City staff, any
constructability reviews, and review comments from regulatory agencies must have appropriate responses
or actions.
Deliverables: Half size drawings (6 copies and a pdf copy), 3 full-size copies to be submitted to agencies
for review.
Task 304 - Final (100%) Submittal
Drawings and specifications should be complete and accepted by the City. All construction documents
should be complete and ready for construction pricing of the work.
Deliverables: Half size drawings (6 copies, 1 full size copy and pdf and AutoCAD files), 1 full-size copy.
Task 305 – Maintenance of Plant Operations (MOPO)
The Maintenance of Plant Operations is a plan or series of plans that describe how to maintain operation
of the existing facility when it is time to bring a newly constructed facility on line. The Engineer will
prepare a draft MOPO list during preliminary design and follow up and assist the CMAR during detailed
design to develop specific MOPO activities. The CMAR contractor will take lead on this task and with
assistance from the ENGINEER.
The preliminary MOPO list will identify areas of construction of the proposed facility that interfaces with
the existing facilities. The preliminary MOPO list will be prepared with the 30% Submittal and included
in the preliminary design report. The preliminary MOPO list will be used as the basis for development of
the MOPO activities during the detailed design phase.
MOPO development will occur during preparation of drawings and specifications and the ENGINEER’s
will include the following:
Identification of construction interfaces with the existing facilities that affect existing operations.
Assist CMAR in developing draft MOPOs with input from City operation and maintenance staff.
Consider possible effects on design from the draft MOPO.
Incorporate MOPO requirements into the drawings and specifications.
Participate in a site walk-through with CMAR and the City operation and maintenance staff.
Assist the CMAR in determining the MOPO durations, constraints, and shared responsibilities for
MOPOs.
Review MOPOs prepared by the CMAR, incorporate the MOPOs in the specifications.
The MOPO list for City review will be included in the 60% and 90% Submittals. The final MOPOs
developed by the CMAR must have City approval and will be included in the construction documents
with the final submittal.
TASK 400- PERMITTING ASSISTANCE
The ENGINEER will perform permitting coordination activities throughout the Design Phase, as
delineated in the following tasks and sub-tasks. Specific permits, plans and reviews anticipated under this
Project include:
City of Chandler- Building Permit (and Building Plan Review)
City of Chandler- Civil Plan Review
MCESD- Approval to Construct
ADEQ and ADWR Permits
401 - City of Chandler Coordination: The ENGINEER shall develop applicable permit applications and
submit preliminary supporting documents as part of the CITY's Pre-Tech Review process (at the 30
percent design stage). Submit applicable Interim Submittal Review and Agency Review documents and
associated reports, plans and supporting information to the CITY's Development Services and Fire
Departments for Building, Site, Civil and Fire plan review approvals accordingly. Provide additional
information as requested from CITY plan review staff, as appropriate.
NOTE: It is assumed that all CITY permit fees for the Project will be paid directly by the CITY, and
therefore, are not included within this scope of services.
Deliverables: Draft and Final Permit Applications and Supporting Documentation
402 - MCESD Coordination: Develop the Agency Review document set(s) and associated permit
application in accordance with the Permitting Assistance Plan and submit to MCESD for non-expedited
review to obtain the Approval to Construct (ATC). It is assumed that one (1) review meeting will be
conducted with MCESD to discuss any comments received from the County accordingly.
NOTE: The subsequent Approval of Construction (AOC) submission is not included within this scope of
services, but will be included under a subsequent Construction Phase Services contract (if desired by the
CITY).
Deliverables: Draft and Final Permit Applications and Supporting Documentation
403 - ADEQ APP Coordination (for Airport WRF and Ocotillo ASR Wells Site): Prepare the
necessary APP Modification (Minor Amendment Permit for both facilities) and submit to ADEQ, along
with applicable technical materials necessary to submit a Minor Amendment to the existing AWRF APP.
Also, prepare and obtain a Minor Amendment applications to the Chandler Heights Recharge Facility
APP Permit.
For the new ASR Wells, prepare the necessary APP Modification Application to the ADEQ along with all
application technical materials necessary to submit a Major Amendment to the existing APP Permit for
the Tumbleweed Recharge Facility site.
404 – ADWR USF and WS Coordination the ENGINEER shall monitor the status of Underground
Storage Facility (USF) and Water Storage (WS) permitting process, respond to administrative and
technical inquiries and any other questions posed by ADWR. The ENGINEER shall provide additional
information if request by ADWR and review and comment on the draft permits. This task includes
providing all necessary information typically required by ADWR in order for them to issue the permits.
ADWR USF and WS Pre-Application Meeting. The ENGINEER will coordinate and arrange for and
attend a pre-application meeting with ADWR to discuss the USF and WS Permit requirements. The pre-
application meeting with ADWR is required to discuss the permit approach and requirements.
ADWR USF Application. The ENGINEER shall prepare the USF Permit Application with assistance
from the Hydrogelogical Sub consultant to incorporate the planned recharge system.
ADWR WS Application. The ENGINEER shall prepare the WS Permit Application with assistance from
the Hydrogeological Sub consultant to incorporate the planned recharge system.
NOTE: It is assumed that applicable permit application review fees will be paid by the ENGINEER.
Deliverables: Draft and Final Permit Applications and Supporting Documentation
TASK 500- PROJECT DELIVERY METHOD ASSISTANCE
The ENGINEER will assist the CITY with a CMAR project delivery method. The scope of work for this
task identified below.
CMAR Coordination: The CM at Risk will be contracted to provide design phase services and then
during construction will provide all services required of a general contractor. The relationship between
the CM at Risk and the Engineer is intended to be collaborative and proactive, both participating as
advisors to the City during the design phase. The City wants to incorporate a contractor’s perspective and
input to the Project planning and design decisions and have the ability to select certain components of the
Project for construction prior to full completion of design.
Design Phase services by the CM at Risk may include:
Provide a conceptual and progressively more detailed cost model to confirm budgets and guide
design decisions;
Provide detailed independent cost estimating and knowledge of market conditions;
Provide a construction management plan and schedule;
Provide alternate systems evaluation and constructability studies;
Provide long-lead procurement studies and possibly initiate procurement of long-lead items;
Provide procurement services for selection of subcontractors and suppliers;
Prepare the Guaranteed Maximum Price (GMP) for construction;
The Engineer’s effort to coordinate with the CM at Risk will consist of:
Solicit CM at Risk input during design development as appropriate;
Provide information for cost estimating;
Provide assistance with long-lead procurement activities;
Evaluate alternative systems suggested by CM at Risk;
Respond to constructability review comments;
Attend subcontractor pre-selection meetings conduct by CM at Risk;
Assist and review during GMP development;
Perform GMP proposal review and prepare recommendation to City;
Assist City with review of the subcontractor/supplier bid and selection process.
The City may request the CM at Risk to proceed with early procurement of equipment. Further, it is
anticipated that this project will be delivered in multiple packages. The Engineer will prepare the
appropriate construction documents for such work. This may include;
Early Procurement of Long-Lead Equipment Items.
Improvements at the AWRF
Improvements at OWRF
Drilling and Equipping of ASR Wells
Off site Improvements (pipelines)
In addition to coordination with the CMAR, attend meetings with the third party cost consultant and
provide them with the project submittals to facilitate their review of CMAR’s GMP. The ENGINEER
will attend up to a total of four meetings with the cost consultant for separate GMP packages.
NOTE: A parallel cost estimate will not be performed as the CITY intends to hire a third-party cost
estimator for additional cost model and GMP validation.
TASK 600 ALLOWANCES
Task 601 Geotechnical Investigation: The ENGINEER will perform a geotechnical investigation with
assistance from sub-consultant, which will include the drilling and sampling of up to ten (12) test borings
to determine subsoil conditions and provide samples for laboratory testing. These borings will be
conducted for the AWRF, OWRF, ASR Wells Site and Off site pipelines. The ENGINEER will submit
draft Geotechnical Investigation Report to the CITY for review. The ENGINEER will further coordinate
and consult with geotechnical sub-consultant to obtain geotechnical design data for construction any new
facilities.
The CMAR shall review the Geotechnical Investigation Report and supporting data, and coordinate any
additional investigations that they may determine to be necessary to be borne directly by the CMAR.
Deliverables: Draft and Final Geotechnical Investigation Report (electronic copies)
Task 602 Topographical Site Survey: The ENGINEER with assistance from a sub-consultant will
perform a site topographical survey to document the current conditions and surface features within the
AWRF Site, OWRF Site, ASR Wells Site, and Offsite Improvements (pipeline routing on McQueen
Road). Site survey will be based on City of Chandler datum and will include existing spot elevations for
use in developing new contours; location and establishment of perimeter property lines based on existing
legal descriptions, available survey reviews, and existing and future right-of-ways; and identification of
above-ground structures, other identified facilities, and existing trees. Site survey will be limited to the
improvements identified within each.
Deliverables: Draft Site Topographical Maps (electronic copies)
Task 603 – Structural Engineering Services: The ENGINEER will provide structural engineering
services including structural drawings and specifications as required to support the preliminary and
detailed design services for proposed improvements.
Deliverables: Structural Drawings and Specifications (electronic copies)
Task 604 – Architectural Services: The ENGINEER will provide Architectural services including Plan
drawings and specifications as required for the on-site building for the ASR Wells to house any
equipment that will need to be climate controlled. The building may be either a CMU building or a pre-
fabricated metal enclosure.
Deliverables: Architectural Drawings and Specifications (electronic copies)
Task 605 – HVAC Services: The ENGINEER will provide HVAC services including Plan drawings and
specifications as required for the on-site building for the ASR Wells and electrical building at the AWRF.
Deliverables: HVAC Drawings and Specifications (electronic copies)
Task 606 – Hydrogeological Services: The ENGINEER will provide Hydrogeological Consulting
services including hydrogeological investigation and modeling, preparation of well drilling specifications,
drilling assistance and development of physical logs, and ASR Well development and identifying
injection rates and final determination of the pump that will be appropriate for the site. In addition, the
sub consultant will provide permitting assistance for the APP, USF and WS permits.
Deliverables: Hydrogeological Modeling, Hydrogeological Report and ASR well drilling specifications
(electronic copies)
END OF SCOPE OF WORK
City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 10/28/2021
EXHIBIT “B”
COMPENSATION AND FEES
187,720.00
$
Kick off Meeting
18,080.00
$
Project Meetings
138,400.00
$
Project Workshops
22,260.00
$
Project Schedule
8,980.00
$
252,890.00
$
Preliminary Design Report
180,640.00
$
Drainage Reports
32,270.00
$
Develop Process Control Descriptions
39,980.00
$
2,119,300.00
$
30% Progress Submittal
332,480.00
$
60% Progress Submittal
612,800.00
$
90% Progress Submittal (Agency Review Set)
826,320.00
$
Final (100%) Contract Documents
309,620.00
$
MOPOs
38,080.00
$
203,280.00
$
City Permitting
43,520.00
$
MCESD Permitting
43,880.00
$
ADEQ APP Coordination
67,040.00
$
ADWR Coordination
48,840.00
$
89,640.00
$
Coordination with CMAR
89,640.00
$
461,829.00
$
Geotechnical Investigation
25,000.00
$
Topographical Site Survey
25,000.00
$
Structural Engineering Services
40,000.00
$
Architectural Services
35,000.00
$
HVAC Services
12,500.00
$
Hydrogeological Services
234,329.00
$
Reimbursable Expenses (Premit Fees, Printing etc)
40,000.00
$
Additional Engineering Allowance
50,000.00
$
330,000.00
$
TOTAL COST:
3,644,659.00
$
4. Permitting
5. Project Delivery Method Assistance
7. Owner's Allowance
SUBTOTAL
1. Project Management
6. Other Direct Costs
EXHIBIT "B-1"
TASK DESCRIPTION
2. Preliminary Design Development
Lump Sum Cost Per Task
3. Detailed Design Development
Principal
Sr. PM
Sr. PM
(E/I&C)
Sr. Engr.
Project Engineer / Proj.
Prof
Lead EI&C
CADD
Technicians
Admin
Uday
Gandhe
Sreeram R.,
Alan P.,
Mike C.,
Joe S.
Branden W.,
Phani P.,
Damien T.
Sean Z., Sydney A
Weston M., Kiarash R.,
Elvin R., Abhinay S
John S.,
Valentin G
Kam C.,
Cody K.,
Julius C.
Tammy C.,
Monica F.,
Paulina D.
$ 215.00 $ 195.00 $ 195.00 $ 170.00 $ 145.00 $ 160.00 $ 115.00 $ 95.00
60
232
48
304
320
8
112
84
1168
Kickoff Meeting
8
16
0
24
40
0
16
16
120
Project Meetings
40
160
40
240
240
8
88
40
856
Project Workshops
8
40
8
24
40
0
8
4
132
Project Schedule
4
16
0
16
0
0
0
24
60
22
176
40
400
640
60
224
104
1666
Preliminary Design Reports
16
120
40
240
480
60
160
80
1196
Drainage Report
2
16
0
80
80
0
24
8
210
Develop Process Control Descriptions
4
40
0
80
80
0
40
16
260
76
1664
544
2340
5120
936
2896
520
14096
30% Progress Submittal
16
280
88
380
800
120
480
24
2188
60% Progress Submittal
20
480
140
620
1640
280
800
80
4060
90% Progress Submittal (Agency Review Set)
24
640
188
880
1980
360
1240
240
5552
Final (100%) Contract Documents
8
240
120
420
580
160
360
160
2048
MOPOs
8
24
8
40
120
16
16
16
248
44
148
0
268
428
0
188
376
1452
City of Chandler Coordination
8
24
0
16
80
0
0
240
368
MCESD Coordination
8
40
0
80
120
0
16
16
280
ADEQ APP Coordination
12
36
0
92
108
0
148
96
492
ADWR Coordination
16
48
0
80
120
0
24
24
312
16
80
24
120
240
24
40
24
568
Coordination with CMAR
16
80
24
120
240
24
40
24
568
0
0
0
0
0
0
0
0
0
218
2300
656
3432
6748
1028
3460
1108
18950
6. Other Direct Costs
5. Project Delivery Method Assistance
TOTAL HOURS:
TASK DESCRIPTION
EXHIBIT "B‐2"
1. Project Management
2. Preliminary Design Report
TOTAL HOURS
PER TASK
< PROJECT ROLE
< NAME OF PERSON
< HOURLY RATES
Hours and Rates
3. Detailed Design Development
4. Permitting
7. Owner's Allowance
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
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: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
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: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
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: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 11/1/19
EXHIBIT “D”
SPECIAL CONDITIONS
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of
the MAG Specifications and MAG Standard Details as amended by City. City’s current
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found
and downloaded from City’s website at http://www.chandleraz.gov/udm.
City Ownership of Project Documents. All work products (electronically or manually
generated) including, but not limited to: plans, specifications, cost estimates, field notes,
tracings, studies, investigations, design analyses, original drawings, original mylars, Computer
Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, and other
related documents which are prepared in the performance of this Agreement (collectively
referred to as "Documents") are to be and remain the property of City and are to be delivered
to the Project Manager before the final payment is made to Consultant. In the event these
Documents are altered, modified or adapted without the written consent of Consultant,
which consent Consultant must not unreasonably withhold, City agrees to hold Consultant
harmless to the extent permitted by law from the legal liability arising out of City's alteration,
modification or adaptation of the Documents.
Re-use of Documents. The parties agree the documents, drawings, specifications and designs,
although the property of City, are prepared for this specific project and are not intended nor
represented by Consultant to be suitable for re-use for any other project. Any re-use without
written verification or adaptation by Consultant for the specific purpose intended will be at
City’s sole risk and without liability or legal exposure to Consultant.
Patent Fees and Royalties. Consultant must pay all license fees and royalties and assume all
costs incidental to the use, in the performance of the work or the incorporation in the work
of any invention, design, process, product, or device which is the subject of patent rights or
copyrights held by others. If a particular invention, design, process, product, or device is
specified in the Agreement for use in the performance of the work and if, to the actual
knowledge of City, its use is subject to patent rights or copyrights calling for the payment of
any license fee or royalty to others, the existence of such rights will be disclosed by City in the
Agreement. Consultant must defend, indemnify and hold harmless City and anyone directly
or indirectly employed by City from and against all claims, damages, losses, and expenses
(including attorneys’ fees) arising out of any infringement of patent rights or copyrights
incidental to the use in the performance of the work, or resulting from the incorporation in
the work of any invention, design, process, product, or device not specified in the Agreement,
and must defend all such claims in connection with any alleged infringement of such rights.
License to City for Reasonable Use. With this Agreement, Consultant and its subconsultants
hereby grant a license to City, its agents, employees, and representatives for an indefinite
period of time to reasonably use, make copies, and distribute as appropriate the Documents,
works or deliverables developed or created as a result of the Project and this Agreement. This
license also includes the making of derivative works.
City of Chandler Professional Services Agreement – Affidavit of Lawful Presence
Page AFF-2
Public Works & Utilities Department, Capital Projects Division
Project Name: RECLAIMED WATER CONVEYANCE IMPROVEMENTS
Project No.: WW2206.201
Rev. 11/1/19
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION $
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/31/2022
Professional Underwriters of AZ, Inc.
P.O. Box 5419
Scottsdale AZ 85261-5419
Jeff Gerrick
480-483-0440
480-948-7752
jeff@prounderwriters.com
License#: 1800004061
RLI Insurance Company
13056
WILSENG-01
Hartford Ins. of SE
38261
Wilson Engineers, LLC
1620 W. Fountainhead Pkwy., Suite 501
Tempe AZ 85282
1497904115
A
X
2,000,000
X
1,000,000
10,000
2,000,000
4,000,000
X
Y
Y
PSB0001272
1/1/2022
1/1/2023
4,000,000
A
1,000,000
X
X
X
Y
Y
PSA0001073
1/1/2022
1/1/2023
B
X
Y
59WECAJ9ADF
1/1/2022
1/1/2023
1,000,000
1,000,000
1,000,000
A
Professional Liability
Architect/Engineer
Y
RDP0045619
1/1/2022
1/1/2023
Per Claim
Annual Aggregate
1,000,000
2,000,000
RE: Reclaimed Water Conveyance Improvements Project No. WW2206.201
The City of Chandler, its agents, representatives, officers, directors, officials and employees are additional insured as indicated. Coverages afforded are primary
and non-contributory basis. Waiver of subrogation and severability of interests included.
Attached: PPB304 02 12, PPA300 03 13, WC000313
City of Chandler
Public Works & Utilities Department
P.O. Box 4008
Mail Stop 407
Chandler AZ 85244
Policy Number:
RLI Insurance Company
Named Insured:
PPB 304 02 12
Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY
1.
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury",
"property
damage"
or
"personal
and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a.
In the performance of your ongoing operations;
b.
In connection with premises owned by or rented
to you; or
c.
In connection with “your work” and included
within
the
“product-completed
operations
hazard”.
2.
The insurance provided to the additional insured by
this endorsement is limited as follows:
a.
This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b.
This insurance does not apply to the rendering
of
or
failure
to
render
any
"professional
services".
c.
This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3.
The following is added to SECTION III H.2. Other
Insurance
–
COMMON
POLICY
CONDITIONS
(BUT
APPLICABLE
ONLY
TO
SECTION
II
–
LIABILITY)
However, if you specifically agree in a contract or
agreement
that
the
insurance
provided
to
an
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a.
The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b.
The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4.
The following is
added
to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us
–
COMMON
POLICY
CONDITIONS
(BUT
APPLICABLE
TO
ONLY
TO
SECTION
II
–
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract
or
agreement
with
such
person
or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PSB0001272
Wilson Engineers, LLC
Policy Number:
RLI Insurance Company
Named Insured:
PPA 300 03 13
Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I.
Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement
Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PSA0001073
Wilson Engineers, LLC
PPA 300 03 13
Page 2 of 5
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-iness
Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days following
the acquisition or formation of the business entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any “employee” of yours is an “insured” while using a
covered “auto” you don't own, hire or borrow in your
business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage form
in a contract or agreement that is executed by you
before the “bodily injury” or “property damage” occurs
is an “insured” for liability coverage, but only for
damages to which this insurance applies and only to
the extent that person or organization qualifies as an
“insured” under the Who Is An Insured provision
contained in SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured’s own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the “bodily injury” or
“property damage” occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV – BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions, 5.
Transfer Of Rights Of Recovery Against Others
To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any “accident” or
“loss”, provided that the “accident” or “loss” arises out
of the operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:
An “employee” of yours is an “insured” while
operating an “auto” hired or rented under a
contract or agreement in that “employee's” name,
with your permission, while performing duties
related to the conduct of your business.
2. Changes In General Conditions:
Paragraph 5.b. of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
“autos” you own:
(1) Any covered “auto” you lease, hire, rent
or borrow; and
(2) Any covered “auto” hired or rented by
your “employee” under a contract in that
individual “employee's” name, with your
permission, while performing duties
related to the conduct of your business.
However, any “auto” that is leased, hired,
rented or borrowed with a driver is not a
covered “auto”.
F. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.
G. Auto Loan Lease Gap Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition of
the following:
In the event of a total “loss” to a covered “auto” shown
in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
“auto”, less:
1. The
amount
paid
under
the
PHYSICAL
DAMAGE COVERAGE section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of
the “loss”;
PPA 300 03 13
Page 3 of 5
b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage.
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.
H. Glass Repair – Waiver Of Deductible
SECTION III – PHYSICAL DAMAGE COVERAGE,
D. Deductible is amended by adding the following:
No deductible for a covered “auto” will apply to glass
damage if the glass is repaired rather than replaced.
I.
Personal Effects Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
c. Personal Effects Coverage
In the event of a total theft loss of your covered
“auto” we will pay up to $400 for “loss” to wearing
apparel and other personal effects which are:
(1) Owned by an “insured”; and
(2) In or on your covered “auto”;
No deductible applies to Personal Effects
Coverage.
J. Hired Auto Physical Damage Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
d. Hired Auto Physical Damage Coverage
If hired “autos” are covered “autos” for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned “auto”, then the
Physical Damage Coverage is extended to
“autos” that you hire, rent or borrow subject to the
following:
(1) The most we will pay for “loss” in any one
“accident” to a hired, rented or borrowed
“auto” is the lesser of:
(a) $60,000
(b) The actual cash value of the damaged or
stolen property as of the time of the
“loss”; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in the event of a total
“loss”.
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
auto will apply.
(5) This Coverage Extension will not apply to:
(a) Any “auto” that is hired, rented or
borrowed with a driver; or
(b) Any “auto” that is hired, rented or
borrowed from your “employee”.
K. Hired Auto Physical Damage – Loss Of Use
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
e. We will pay sums which you legally must pay to
the lessor of a covered “auto” which you have
leased without a driver for thirty (30) days or less
for the lessor’s loss of use of the covered “auto”,
provided:
(1) This insurance provides comprehensive,
specified causes of loss or collision covered
on the covered “auto”;
(2) The loss of use results from the covered
“auto” being damaged in an “accident” while
you are leasing it.
We will pay up to a maximum limit of $1,500 for
this covered extension.
L. Hired Car – Worldwide Coverage
The following is added to SECTION II – COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
f.
Hired Car – Worldwide Coverage
(1) We will pay all sums an “insured” legally must
pay as damages because of “bodily injury” or
“property damage” to which this insurance
applies, caused by an “accident” which
occurs outside of the United States of
America, the territories and possessions of
the United States of America, Puerto Rico
and Canada resulting from the maintenance,
or use of any covered “auto” of the private
passenger type you lease, hire, rent or
borrow without a driver for thirty (30) days or
less.
(2) With respect to any claim made or “suit”
instituted outside the United States of
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:
PPA 300 03 13
Page 4 of 5
(a) You shall undertake the investigation,
settlement and defense of such claims
and “suits” and keep us advised of all
proceedings and actions.
(b) You will not make any settlement without
our consent.
(c) We will reimburse you:
(i) For the amount of damages be-
cause of liability imposed upon you
by law on account of “bodily injury” or
“property damage” to which this
insurance applies, and
(ii) For all reasonable expenses incurred
with our consent in connection with
the
investigation,
settlement
or
defense of such claims or “suits”.
Reimbursement for expenses will be
part of the Limit of Insurance for
liability coverage shown in the
Business
Auto
Coverage
Declarations, and not in addition to
such limits.
(3) The limit of Insurance for Liability Coverage
shown in the Business Auto Coverage
Declarations is the most we will reimburse
you for the sum of all damages imposed on
you, as set forth in paragraph 2.c. above, and
all expenses incurred by you arising out of
any single “accident” or “loss”.
(4) You must maintain the greater of the follow-
ing primary auto liability insurance limits:
(a) Compulsory admitted insurance with
limits required to be in force to satisfy the
legal requirements of the jurisdiction
where the accident occurs; or
(b) Insurance limits required by law and
issued by a government entity or by an
insurer licensed or permitted by law to do
business in the jurisdiction where the
“accident” occurs; or
(c) Auto liability insurance limits of at least
$300,000 combined single limit or
$100,000 per person/$300,000 per acci-
dent Bodily Injury, $100,000 Property
Damage.
If you fail to comply with the above, this
insurance is not invalidated. However, in the
event of a “loss”, we will pay only to the extent
that we would have been liable had you so
complied.
(5) The insurance provided by this coverage
extension is excess over any other collec-
tible insurance available to you whether on a
primary, excess contingent or any other
basis.
M. Temporary Transportation Expenses
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.4.
Coverage
Extensions,
subparagraph
a.
Transportation Expenses is deleted and replaced
by the following:
a. Transportation Expenses
(1) We will pay up to a maximum of $1,500 for
temporary transportation expense incurred
by you because of Physical Damage to a
covered “auto”.
(2) We will pay only for those covered “autos” for
which you carry Comprehensive, Colli-sion or
Specified Case of Loss Coverage.
(3) We will pay only for those expenses incurred
by you during the period of time that begins
twenty-four (24) hours after the covered
“loss” and ends at the time when the covered
“auto” can be reasonable repaired or
replaced.
(4) This coverage does not apply while there are
spare or reserve “autos” available to you for
your operations.
N. Amended Bodily Injury Definition – Mental
Anguish
The
following
is
added
to
SECTION
V
–
DEFINITIONS, Definition C.:
“Bodily injury” also includes mental anguish, but only
when the mental anguish arises from other bodily
injury, sickness or disease.
O. Airbag Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE B. Exclusions 3.a.:
However, this exclusion will not apply to accidental
discharge of an airbag due to mechanical or electrical
breakdown.
P. Amended Insured Contract Definition – Railroad
Easement
SECTION V – DEFINITIONS paragraph H. “Insured
contact” is modified as follows:
1. Paragraph H.3. is replaced by the following:
3. Any easement or license agreement.
2. Paragraph H.6.a. is deleted.
Q. Coverage Extensions – Audio, Visual And Data
Electronic Equipment Not Designed Solely For
The Production Of Sound
SECTION III – PHYSICAL DAMAGE COVERAGE B.
Exclusions, exception paragraph a. to exclusion 4.c.
and 4.d. is deleted and replaced with the following:
PPA 300 03 13
Page 5 of 5
a. Equipment and accessories used with such
equipment, except for tapes, records, discs or
other electronic media device, provided such
equipment is permanently installed in the covered
“auto” at the time of the “loss” or is removable
from the housing unit which is permanently
installed in the covered “auto” at the time of the
“loss”, and such equipment is designed to be
solely operated by use of the power from the
“autos” electrical system, in or upon the covered
“autos”; or
R. Notice Of And Knowledge Of Occurrence
SECTION IV – BUSINESS AUTO CONDITIONS,
A.2. Duties In The Event Of Accident, Claim Suit
Or Loss, subparagraph a. is deleted and replaced
with the following:
a. In the event of “accident”, claim, “suit” or “loss”,
you must give us or our authorized repre-
sentative prompt notice of the “accident” or “loss”
including:
(1) How, when and where the “accident” or “loss”
occurred;
(2) The “insured’s” name and address; and
(3) To the extent possible, the names and
addresses of any injured person and
witnesses.
Your duty to give us or our authorized
representative prompt notice of the “accident” or
“loss” applies only when the “accident” or “loss” is
known to:
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
(3) An executive officer or insurance manager, if
you are a corporation.
S. Unintentional Errors Or Omissions
SECTION IV – BUSINESS AUTO CONDITIONS, B.
General Conditions; 2. Concealment Misrepre-
sentation Or Fraud is amended by adding the
following:
The unintentional omission of, or unintentional error
in, any information given by you shall not prejudice
your rights under this insurance. However this pro-
vision does not affect our right to collect additional
premium or exercise our right of cancellation or
nonrenewal.
T. Towing Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.2. Towing, is deleted and replaced by the
following:
2. We will pay up to $750 for towing and labor costs
incurred each time a covered “auto” is disabled
due to a covered cause of loss. However:
a.
All labor must be performed at the place of
disablement; and
b.
If the covered auto is a private passenger
type no deductible applies; and
c.
If the covered auto is not of the private
passenger type our obligation to pay will be
reduced
by
a
$250
deductible
per
disablement.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 11/22/21
Policy Expiration Date: 01/01/23
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 59 WEC AJ9ADF
Endorsement Number:
Effective Date: 01/01/22
Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Wilson Engineers, LLC
1620 W FOUNTAINHEAD PKWY STE 501
TEMPE AZ 85282
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk
Policy Number:
RLI Insurance Company
Named Insured:
PPB 304 02 12
Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY
1.
C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury",
"property
damage"
or
"personal
and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a.
In the performance of your ongoing operations;
b.
In connection with premises owned by or rented
to you; or
c.
In connection with “your work” and included
within
the
“product-completed
operations
hazard”.
2.
The insurance provided to the additional insured by
this endorsement is limited as follows:
a.
This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b.
This insurance does not apply to the rendering
of
or
failure
to
render
any
"professional
services".
c.
This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3.
The following is added to SECTION III H.2. Other
Insurance
–
COMMON
POLICY
CONDITIONS
(BUT
APPLICABLE
ONLY
TO
SECTION
II
–
LIABILITY)
However, if you specifically agree in a contract or
agreement
that
the
insurance
provided
to
an
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a.
The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b.
The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4.
The following is
added
to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us
–
COMMON
POLICY
CONDITIONS
(BUT
APPLICABLE
TO
ONLY
TO
SECTION
II
–
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract
or
agreement
with
such
person
or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PSB0001272
Wilson Engineers, LLC
Policy Number:
RLI Insurance Company
Named Insured:
PPA 300 03 13
Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I.
Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement
Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PSA0001073
Wilson Engineers, LLC
PPA 300 03 13
Page 2 of 5
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-iness
Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days following
the acquisition or formation of the business entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any “employee” of yours is an “insured” while using a
covered “auto” you don't own, hire or borrow in your
business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage form
in a contract or agreement that is executed by you
before the “bodily injury” or “property damage” occurs
is an “insured” for liability coverage, but only for
damages to which this insurance applies and only to
the extent that person or organization qualifies as an
“insured” under the Who Is An Insured provision
contained in SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured’s own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the “bodily injury” or
“property damage” occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV – BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions, 5.
Transfer Of Rights Of Recovery Against Others
To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any “accident” or
“loss”, provided that the “accident” or “loss” arises out
of the operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:
An “employee” of yours is an “insured” while
operating an “auto” hired or rented under a
contract or agreement in that “employee's” name,
with your permission, while performing duties
related to the conduct of your business.
2. Changes In General Conditions:
Paragraph 5.b. of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
“autos” you own:
(1) Any covered “auto” you lease, hire, rent
or borrow; and
(2) Any covered “auto” hired or rented by
your “employee” under a contract in that
individual “employee's” name, with your
permission, while performing duties
related to the conduct of your business.
However, any “auto” that is leased, hired,
rented or borrowed with a driver is not a
covered “auto”.
F. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.
G. Auto Loan Lease Gap Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition of
the following:
In the event of a total “loss” to a covered “auto” shown
in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
“auto”, less:
1. The
amount
paid
under
the
PHYSICAL
DAMAGE COVERAGE section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of
the “loss”;
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 11/22/21
Policy Expiration Date: 01/01/23
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 59 WEC AJ9ADF
Endorsement Number:
Effective Date: 01/01/22
Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Wilson Engineers, LLC
1620 W FOUNTAINHEAD PKWY STE 501
TEMPE AZ 85282
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk