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Project Name: AIRPORT FUEL TANK RELOCATION
Page 1
Project No.: AI2208.201
Rev. 11/10/22
PROFESSIONAL SERVICES AGREEMENT
Design Services
AIRPORT FUEL TANK RELOCATION
Project No. AI2208.201
Council Date: February 23, 2023 Item No.
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2023
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and WSP USA Environment & Infrastructure, Inc., a Nevada corporation, ("Consultant") (City
and Consultant may individually be referred to as “Party” and collectively referred to as
“Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for AIRPORT FUEL TANK
RELOCATION 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 enter into an Agreement 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
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the most suitable grade and quality for the intended purpose of the work or service.
SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 375
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 $112,424 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:
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Project No.: AI2208.201
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To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3349 Email: kimberly.moon@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Vivianna Barrientes, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3314 Email: Vivianna.barrientes@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: WSP USA Environment & Infrastructure, Inc.
Mailing Address:
4600 E. Washington Street, Suite 600, Phoenix, AZ
85034
Physical Address:
Statutory Agent Name: United Agent Group, Inc.
Statutory Agent Mailing Address:
2985 Gordy Parkway, 1st Floor,
Marietta, GA 30066
Statutory Agent Physical Address:
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Jerry Bish
Title:
Water/Wastewater Service Line Leader
Phone: 520-260-8299
Email:
Jerry.bish@wsp.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 Agreement 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 Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
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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 Agreement 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
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
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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
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.
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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
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
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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
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 an Agreement
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 an
Agreement 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 Agreement 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
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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
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
Agreement with City, Consultant must first notify City as set forth in this Section of the request
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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
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
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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
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.
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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.
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.
5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.45 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.
This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
"CITY" CITY OF CHANDLER
MAYOR
RECOMMENDED BY:
Kimberly Moon, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Project Name: AIRPORT FUEL TANK RELOCATION
P_roject No.: Al2208.201
Rev. 11/10/22
"CONSUL TANT"
WSP USA Environment & Infrastructure, Inc.
Signature
Date
Print Name
Title
Signer Email Address
Seal
Page 12
Jerry C. Bish
Vice President, Local Business Leader
jerry.bish@wsp.com
01/20/2023
Project Name: AIRPORT FUEL TANK RELOCATION
Page A-1
Project No.: AI2208.201
Rev. 11/10/22
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
WSP USA Environment & Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
DESIGN SERVICES FOR CHANDLER AIRPORT FUEL TANK – REV 5
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
WSP (Consultant) will provide services for the design, permit assistance, and
development of construction documents for an above ground storage aviation
fuel tank, including demolition plan for the removal of an underground storage
tank located at the Chandler, Arizona, airport property as more specifically
described herein.
1.2
The facility design includes installation of a minimum 12,000-gallon above ground
aviation fuel tank including fuel piping connections, concrete support pad,
concrete masonry wall to conceal the tank and bollards for collision protection,
connection of the fuel level transmitter to an existing instrumentation and control
panel, and pavement refurbishment in disturbed areas of the work site. Pumps
and a filtration system within the existing fuel dispensing station will be used with
the new storage tank. The new fuel tank will replace an underground fuel storage
system that will be decommissioned. Exterior lighting at the tank site is not
included in this scope of services.
As part of the design work, a demolition plan will be developed for the removal of
the existing 12,000-gallon underground tank. WSP will perform a ground
penetrating radar (GPR) survey to determine locations of underground utilities
around the UST, and location and footprint of the UST and fuel piping.
NEPA compliance work will be provided for both the AST installation as well as the
removal of the UST. A more detailed description of City’s concept is included
herein as part of Exhibit A.
1.3
The project design, construction, furnishing and equipping budget is $600,000.
Design, construction and furnishing of the project will be completed within this
budget.
1.4
Consultant will provide design services for the Project including civil, mechanical,
structural engineering, and electrical/instrumentation and control services.
Architectural and landscaping services are not determined to be part of this
project and are not included in the scope.
WSP USA Environment & Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
2. ASSIGNMENT:
2.1
The design contract has been awarded to an engineer based on their proposed
personnel and specified consultants. Any deviations or substitutions of these
team members must be pre-approved in writing by City. Those persons listed in
Exhibit B will perform those portions of the work listed therein.
3. PROJECT SCHEDULE:
3.1
Consultant must perform the services within the times set forth in the Production
Schedule included herein and made a part hereof by reference.
3.2
Consultant must adhere to the Production Schedule described herein and such
schedule may not be modified or deviated from without written consent of City.
Consultant must revise and submit for review an updated schedule whenever it is
demonstrated that the time for completion of the Project Design or of any of the
partial completion points listed in the schedule is delayed by two weeks or more.
Such adjusted schedule will include a written explanation stating the reasons for
the change and a plan for getting back on schedule. Consultant must take all
reasonable actions necessary to get the project back on schedule and City will
cooperate to assist Consultant.
4. QUALITY CONTROL:
4.1
Consultant must institute and comply with its standard Design Quality Control
Plan.
4.2
Bi-weekly check-ins (via phone call or web-based meeting) will be provided for 3
months, followed by monthly check-ins for the remainder of the design period.
Check-ins are intended to be informal status updates and typically do not include
an agenda and meeting notes. Action items may be sent in a follow-up email, if
necessary. This task also includes project management and administration time
throughout the duration of the project.
5. PRELIMINARY RESEARCH:
5.1
As for preliminary research before preparing the project design, Consultant will:
a. Perform a Document Search for utility as-builts, if relevant.
b. Perform a Document search for survey ties and benchmarks.
c. Perform a Document search for City policies, regulations, standards, design
manuals, and requirements, etc. relevant to project.
WSP USA Environment & Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
d. Research and/or obtain geotechnical reports and investigations, master plans,
and field surveys.
e. Research utility companies/agencies and acquire available as-built and utility
records.
f. Investigate existing conditions, make measured drawings, and verify accuracy
of drawings or other information furnished by City.
g. Consultant will utilize survey information made available by the City of
Chandler Airport, but an allowance is provided if the survey information is
inadequate and additional survey information is required. The survey must
provide topographical and property data of the immediate site. Design must
utilize established City of Chandler benchmarks and reference locations of
benchmarks on the plans. Clearly define the benchmark location and elevation
that will be utilized for construction of this facility.
5.2
Underground Storage Tank (UST) Removal preparation work is to include a ground
penetrating radar (GPR) survey to determine locations of existing underground
utilities around the UST, and location and footprint of the UST and fuel piping.
a. As part of this task to investigate existing conditions, the GPR Survey effort will
include contacting AZ 811 and a private utility company to locate subsurface
fuel, utility, septic, and communications lines, as well as other structures in the
general area of the planned UST removal efforts.
b. A demolition plan sheet, utilizing the above survey information, will be
provided within the design drawings under Tasks 10-12.
c. Costs include effort required to develop a health and safety plan (HASP) prior
to the field work.
6. UTILITY/AGENCY COORDINATION:
6.1
Minimal utility coordination is expected to be required for the site work.
Consultant will utilize AZ 811 and a private utility locating company as part of the
UST removal prep work provided under Task 5.2.
7. GEOTECHNICAL INVESTIGATION:
7.1
Consultant will review and utilize geotechnical information provided by the City of
Chandler Airport of the local building code. No geotechnical investigations are
included with the services to be provided.
8. PROGRAMMING:
8.1
Consultant must meet with City staff to ascertain the requirements of the Project
and will arrive at a mutual understanding of such requirements.
WSP USA Environment & Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
8.2
Consultant must prepare a “Program” which will include:
a. Establish construction budget
b. Complete documentation of site survey from preliminary work
c. Define site requirements
8.3
Based on the mutually agreed-upon program, schedule and construction budget
requirements, Consultant must prepare, for approval by City, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of the Project components.
9. SCHEMATIC DESIGN (30% Document Review):
9.1
When the design is approximately thirty percent complete, Consultant must do
the following:
a. The final scheme must incorporate City’s comments (and potentially a
contractors’ comments) and be cleaned up for reference and presentation to
City Council if requested.
b. Prepare a construction cost estimate for verification with the budget.
c. Submit to City’s Project Manager for comment a complete electronic version
of drawings.
10. DESIGN DEVELOPMENT (60% Document Review):
10.1
Based on the approved Schematic Design Documents and any adjustments
authorized by City in the program, schedule or construction budget, Consultant
must prepare, for approval by City, Design Development Documents consisting of
drawings and other documents to fix and describe the size and character of the
Project as to structural, and mechanical systems, materials and such other
elements as may be appropriate. When the design is approximately sixty percent
(60%) complete, Consultant must do the following:
a. Develop a site plan. Design must utilize established City of Chandler
benchmarks and reference locations of benchmarks on the plans.
b. Collaborate with City to define their requirements for building systems.
c. Create an outline specification on the plans.
d. Prepare plans, elevations, sections, schedules and notes as required to fix and
describe the project as to civil, structural, mechanical, and special systems.
e. Perform code reviews and implement requirements into the design
documents.
WSP USA Environment & Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
f. Consultant is required to review and complete the City's Constructability
Review Checklist. Applicable checklist items are required to be incorporated in
the design documents.
g. Value Engineer the design cooperatively with the entire design team and City’s
representatives. This effort will occur as early as effectively possible and
consist of a focused meeting addressing: relationships of components,
construction materials, and building systems.
h. Prepare a construction cost estimate for verification with the budget.
i.
Conduct a full document set (plans with specs on plans) review in the presence
of consultants and City’s representatives and any other stakeholders.
j.
Submit once to City’s Project Manager for comment a complete electronic
version of drawings, specifications, structural calculations. Include original
redline drawings and comments received from previous review along with a
review summary indicating action taken.
k. Schedule review meeting with plan check staff to discuss review comments.
Clarify with the plan check staff what the design challenges are and decide the
method in which they will be resolved.
l.
Demolition plans will be provided within the design drawings.
11. CONSTRUCTION DOCUMENTS (90% Document Review):
11.1
Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget
authorized by City, Consultant must prepare, for approval by City, Construction
Documents consisting of Drawings and Specifications (on plans) setting forth in
detail the requirements for the construction of the Project. When the design is
approximately ninety percent (90%) complete Consultant must do the following:
a. Prepare plans, elevations, sections, schedules, notes and specifications as
required to be able to bid and construct the project in its entirety.
b. Cover sheet to be provided by City on diskette (AutoCAD recent version).
c. Provide City of Chandler with a copy of the AutoCAD files. Each building system
must be “layered” so as to be able to isolate trades or engineering components
or vice versa.
d. Conduct a full document set (plans with specs on plans) review in the presence
of the City’s representatives.
e. Prepare a construction cost estimate for verification with the budget.
f. Submit to City’s Project Manager for comment two complete drawing sets,
specifications, structural calculations, one of which will be reproducible.
Include original redline drawings and comments received from previous
review along with a review summary indicating action taken.
g. Demolition plans will be provided within the design drawings.
WSP USA Environment & Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
12. BID & AWARD (100% Documents):
12.1
Submit bid documents to Development Services for building permit. Plans,
calculations and specifications will be stamped. The specifications will be
prepared on the plans. Plans will be black line prints as well as in one electronic
version of Auto CAD drawings.
12.2
Pick-up plan review final comments and prepare stamped final design drawings.
City will have the bid sets reproduced of the drawings.
12.3
Assist City in the preparation of the Bid Form.
12.4
Attend and participate at the pre-bid conference for the purpose of answering
technical questions from potential bidders.
12.5
Assist City in the evaluation of “substitutions and or-equals” and make a
recommendation to accept or decline.
12.6
Prepare addenda for review and approval by City. City will distribute.
12.7
Demolition plans will be provided within the design drawings.
13. NEPA COMPLIANCE:
13.1
Provide NEPA compliance services with the following scope.
a. It is expected that this project action can be cleared using a categorical
exclusion (CatEx). NEPA compliance work will be provided for both the
removal and new installation. The UST removal is a closely related action to
the AST installation action and is required to be part of the CatEx.
b. Consultant will provide a CatEx for review by the City and FAA according to the
process outlined in Order 5050.4B using the FAA Documented CatEx Form. The
CatEx will address resources including National Historic Preservation Act
resources, Threatened or Endangered Species, and Hazardous Materials, e.g.
archaeological, biological, and hazardous materials studies.
13.2
The archeological review will be conducted by a Cultural Resources sub-
consultant. The proposal is provided as an attachment.
13.3
Sampling efforts are to be performed in conjunction with the NEPA compliance
work and will include testing for lead and asbestos. Testing costs are based on the
following quantities and unit costs:
WSP USA Environment & Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
Parameter
Qty
Unit
Unit Cost
Total Cost
Lead FAA Analysis
5
Each
$28.75
$143.75
Asbestos PLM Analysis
12
Each
$28.75
$345.00
Total
$488.75
14. PERIOD OF SERVICE (MILESTONES):
14.1
Following receipt of a “Notice to Proceed” with the design work, Consultant must
complete the design and have documents ready for bidding within 500 calendar
days of the date indicated on the Notice to Proceed.
14.2
Consultant must complete services specified herein in accordance with the
Production Schedule. In the event delays are experienced beyond the control of
Consultant, the completion date may be extended as mutually agreed upon by
City and Consultant.
14.3
City’s and Owner’s Allowances: The City requires written authorization to use
allowances, including Owner’s allowance.
ID
Task Name
Duration
Start
Finish
1
Notice to Proceed
1 day
Mon 3/6/23
Mon 3/6/23
2
Kickoff Meeting
1 day
Mon 3/13/23
Mon 3/13/23
3
Task 3.0 Project Schedule
7 days
Tue 3/14/23
Wed 3/22/23
4
Task 4.0 Quality Control
12 wks
Wed 4/26/23
Tue 5/7/24
5
Task 5.0 Preliminary Research
10 days
Fri 3/17/23
Thu 3/30/23
6
Task 8.0 Programming
13 days
Fri 3/24/23
Tue 4/11/23
7
Task 9.0 Schematic Design (30%)
30 days
Wed 4/12/23
Tue 5/23/23
8
Schematic Design Development
20 days
Wed 4/12/23
Tue 5/9/23
9
Submit Schematic Design
1 day
Tue 5/9/23
Tue 5/9/23
10
Schematic Design Review Mtg.
1 day
Tue 5/23/23
Tue 5/23/23
11
Task 10.0 Design Development (60%)
46 days
Fri 6/2/23
Mon 8/7/23
12
Design Development
25 days
Fri 6/2/23
Fri 7/7/23
13
Submit Design Development
1 day
Fri 7/7/23
Fri 7/7/23
14
Development Services Review
4 wks
Mon 7/10/23
Fri 8/4/23
15
Design Development Review Mtg.
1 day
Mon 8/7/23
Mon 8/7/23
16
Task 11.0 Construction Documents (90%)
62 days
Thu 3/14/24
Mon 6/10/24
17
Construction Documents Development
20 days
Thu 3/14/24
Wed 4/10/24
18
Submit 90% Construction Documents
1 day
Thu 4/11/24
Thu 4/11/24
19
Development Services Review
4 wks
Fri 4/12/24
Thu 5/9/24
20
Submit 100% Construction Documents
1 day
Fri 5/10/24
Fri 5/10/24
21
Development Services Review
4 wks
Mon 5/13/24
Mon 6/10/24
22
Task 12.0 Contractor Coordination / Bidding
20 days
Tue 6/11/24
Tue 7/9/24
23
Task 13.1 NEPA Compliance
247 days
Thu 3/23/23
Wed 3/13/24
24
NEPA Compliance Development
75 days
Thu 3/23/23
Fri 7/7/23
25
NEPA Draft Submittal to City
1 day
Fri 7/7/23
Fri 7/7/23
26
NEPA Submittal to FAA
1 day
Tue 8/8/23
Tue 8/8/23
27
NEPA Compliance Review Follow-up
4 wks
Thu 2/15/24
Wed 3/13/24
28
FAA NEPA Review
26 wks
Wed 8/9/23
Wed 2/14/24
Mar '23
Apr '23
May '23
Jun '23
Jul '23
Aug '23
Sep '23
Oct '23
Nov '23
Dec '23
Jan '24
Feb '24
Mar '24
Apr '24
May '24
Jun '24
Jul '24
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Chandler Airport Fuel Tanks Relocation Project Schedule
Page 1
Project: AST and UST Project Sc
Estimated Schedule: Fri 1/13/23
Project Name: AIRPORT FUEL TANK RELOCATION
Page B-1
Project No.: AI2208.201
Rev. 11/10/22
EXHIBIT “B”
COMPENSATION AND FEES
Task 1.0 Project Description & Scope of Construction
2,510.00
$
3.1 Production Schedule
2,510.00
$
8,270.00
$
4.1 Quality Control Plan
1,890.00
$
4.2 Check-ins and Project Management
6,380.00
$
8,930.00
$
5.1 Perform Document Search and Research
6,400.00
$
5.2 Investigate Existing Conditions
2,530.00
$
5.3 Survey
-
$
-
$
6.1 Coordination with Utilities (PIPG)
-
$
6.2 Identify Utility Conflicts
-
$
6.3 Coordination Design of Utilities
-
$
-
$
7.1 Soil and Pavement Borings
-
$
10,035.00
$
8.1 Site Investigation & Information Gathering
-
$
8.2 Prepare CAD Base Plans
6,520.00
$
8.3 Prepare 30% SD & ROM Cost Estimate
1,985.00
$
8.4 CofC Review/Meeting/Site Visit
1,530.00
$
23,135.00
$
10.1 Prepare 60% CAD Base Plans
9,825.00
$
10.2 Coordinate Preliminary MP&E Engineering
560.00
$
10.3 Prepare 60% Plans & Outline Specs
10,340.00
$
10.4 Coordinate 60% Cost Estimate
880.00
$
10.5 60% CofC Review/Meeting/Site Visit
1,530.00
$
23,965.00
$
11.1 Prepare 90% CAD Base Drwgs
5,425.00
$
11.2 Coordinate MP&E Engineering
1,120.00
$
11.3 Prepare 90% Plans & Draft Tech Specs
6,125.00
$
11.4 Cordinate 90% Cost Estimate
440.00
$
11.5 90% CofC Review/Meeting/Site Visit
1,170.00
$
11.6 Coordinate 100% MP&E Engineering
880.00
$
11.7 Prepare 100% Plans & Final Tech Specs
2,730.00
$
11.8 100% Deliverables, Plan Review & Permit
4,970.00
$
11.9 100% Engineer's Cost Estimate
1,105.00
$
3,150.00
$
12.1 Coordinate & Issue Bid Documents
2,430.00
$
12.2 RFIs / Substitution Requests
360.00
$
12.3 Issue Addenda as required
360.00
$
19,928.75
$
13.1 NEPA Compliance CatEx
15,580.00
$
13.2 Cultural Resources Sub-Consultant (10% markup)
3,080.00
$
13.3 NEPA Sampling/Testing Costs
1,268.75
$
12,500.25
$
14.1 Allowance for Printing Expenses at Direct Cost
-
$
14.2 Allowance for Survey
2,500.00
$
14.3 Owner's Allowance (10%)
10,000.25
$
TOTAL COST:
112,424.00
$
Lump Sum Cost Per Task
Task 5.0 Preliminary Research
Task 11.0 Construction Documents (90% & 100%)
Task 12.0 Contractor Coordination / Bidding
Task 4.0 Quality Control
Task 3.0 Project Schedule
Task 2.0 Assignment
EXHIBIT "B-1"
TASK DESCRIPTION
ALLOWANCES
SUBTOTAL
Task 8.0 Programming & Schematic Design (30%)
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 10.0 Design Development (60%)
Task 13.0 NEPA Compliance
WSP USA Environment Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
PM/
Principal
Sr.
Engr./
Sci.
PE /Prof
Struct
Eng.
I&C /
EE
Tech
Admin
$ 225 $ 180 $ 130 $ 200 $170 $ 140 $ 85
Michael
Navabi, Tim
Ostapuk,
Charles
Harman, Jerry
Bish, Tim
LeClair
Andrea
Kagie-Hay,
Julia
Manfredi,
Jim Clarke
Darren Mack,
Jerod Jimmie,
Pam Walrath,
Christy Benes,
Chris
Ferguson, Jeff
Locey,
Brendan Enos,
Heidi Tom
Konstantinos
Oikonomou,
Samer El
Bahey, Pouya
Shahsana
John
Estepa,
Leo
Cratic
Rick
Sauerzopf,
Chris
Jaurigui,
Mike
Gilezan
Rachel
Romo,
Kathleen
Hubbell,
Cherlyn
Carter
Task 1.0 Project Description & Scope of Construction
4
8
0
0
0
0
2
14
3.1 Production Schedule
4
8
0
0
0
0
2
28
10
0
0
0
0
2
40
4.1 Quality Control Plan
2
8
0
0
0
0
0
4.2 Check-ins and Project Management
26
2
0
0
0
0
2
1
12
26
12
0
0
9
60
5.1 Perform Document Search and Research
1
8
16
12
0
0
3
5.2 Investigate Existing Conditions
0
4
10
0
0
0
6
5.3 Survey (NA)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
6.1 Coordination with Utilities (PIPG) (NA)
0
0
0
0
0
0
0
6.2 Identify Utility Conflicts (NA)
0
0
0
0
0
0
0
6.3 Coordination Design of Utilities (NA)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7.1 Soil and Pavement Borings (N/A)
0
0
0
0
0
0
0
Task 8.0 Programming & Schematic Design (30%)
3
12
8
0
0
44
0
67
8.1 Site Investigation & Information Gathering (N
0
0
0
0
0
0
0
8.2 Prepare CAD Base Plans
0
2
0
0
0
44
0
8.3 Prepare 30% SD & ROM Cost Estimate
1
4
8
0
0
0
0
8.4 CofC Review/Meeting/Site Visit
2
6
0
0
0
0
0
7
16
8
20
16
78
0
145
10.1 Prepare 60% CAD Base Plans
1
4
0
0
16
44
0
10.2 Coordinate Preliminary MP&E Engineering
0
0
0
0
0
4
0
10.3 Prepare 60% Plans & Outline Specs
4
4
4
20
0
30
0
10.4 Coordinate 60% Cost Estimate
0
2
4
0
0
0
0
10.5 60% CofC Review/Meeting/Site Visit
2
6
0
0
0
0
0
Task 11.0 Construction Documents (90% & 100%)
7
18
26
20
4
78
2
155
11.1 Prepare 90% CAD Base Drwgs
1
4
0
0
0
32
0
11.2 Coordinate MP&E Engineering
0
0
0
0
0
8
0
11.3 Prepare 90% Plans & Draft Tech Specs
1
1
4
12
0
20
0
11.4 Cordinate 90% Cost Estimate
0
1
2
0
0
0
0
11.5 90% CofC Review/Meeting/Site Visit
2
4
0
0
0
0
0
11.6 Coordinate 100% MP&E Engineering
0
2
4
0
0
0
0
11.7 Prepare 100% Plans & Final Tech Specs
2
2
4
0
0
10
0
11.8 100% Deliverables, Plan Review & Permit
0
2
8
8
4
8
2
11.9 100% Engineer's Cost Estimate
1
2
4
0
0
0
0
Task 12.0 Contractor Coordination / Bidding
1
10
8
0
0
0
1
20
12.1 Coordinate & Issue Bid Documents
1
6
8
0
0
0
1
12.2 RFIs / Substitution Requests (N/A)
0
2
0
0
0
0
0
12.3 Issue Addenda as required (N/A)
0
2
0
0
0
0
0
Task 13.0 NEPA Compliance and UST Removal
6
16
92
0
0
0
2
116
13.1 NEPA Compliance CatEx
6
16
86
0
0
0
2
13.2 Cultural Resources Sub-Consultant
0
0
0
0
0
0
0
13.4 NEPA Sampling/Testing Costs
0
0
6
0
0
0
0
EXHIBIT "B-2"
Task 2.0 Assignment
Task 5.0 Preliminary Research
< PROJECT ROLE
< HOURLY RATES
TOTAL HOURS
PER TASK
Hours and Rates
TASK DESCRIPTION
< Personnel
Task 10.0 Design Development (60%)
Task 3.0 Project Schedule
Task 4.0 Quality Control
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
WSP USA Environment Infrastructure, Inc. 4600 E. Washington Street, Suite 600, Phoenix, AZ 85034
NEPA Cultural Resources Subconsultant Proposal
PHOENIX HQ
319 East Palm Lane
Phoenix, AZ 85004
T: 602.261.7253
info@paleowest.com
October 27, 2022
Julia Manfredi
Natural Resources and Surface Water Lead
WSP
Submitted via email to: julia.manfredi@wsp.com
RE: Class I Archaeological Review of the Chandler Airport Above Ground Storage Tank Project
in Chandler, Arizona.
Dear Ms. Manfredi,
PaleoWest, LLC (PaleoWest) is pleased to submit herewith a scope of work and cost estimate
to complete archaeological services in support of the Chandler Airport Above Ground Storage
Tank Project in Chandler, Arizona. The project is subject to compliance with 36 CFR 800, the
regulations implementing Section 106 of the National Historic Preservation Act. The project
involves a Class I review of approximately 21 acres of land privately held by the City of
Chandler. The project is being completed under the auspices of the Federal Aviation Authority.
Two tasks are necessary to complete the Class I cultural resource literature review.
TASK 1: CLASS I LITERATURE REVIEW
▪
PaleoWest will examine the AZSITE database and the National Register Information
System database. PaleoWest will also coordinate with the Archaeological Records
Office at the Arizona State Museum to review their documents. This search will be
conducted to determine the location of any previously conducted archaeological
surveys, previously recorded archaeological sites, or historic properties within a 1-mile
radius of the project area. General Land Office (GLO) maps maintained by the BLM and
historic-age USGS quadrangle maps will also be consulted to evaluate the possible
presence and location of historic features on the property.
TASK 2: REPORTING
▪
The results of the Class I survey will be presented in a report which will meet all FAA
and SHPO standards and will include the results of the literature review and
management recommendations. The report will be submitted to the client for review
and comment, and can be submitted to the FAA.
ASSUMPTIONS AND SCHEDULE
▪
The cost assumes no consultation with federal agencies or tribes.
▪
The project area will not vary from that presented in Figure 1.
▪
PaleoWest assumes one round of agency comments will be required on the final report.
▪
Upon receipt of a notice to proceed, the Class I report can be submitted within 5 weeks.
▪
Any task not expressly described herein is not included in the proposed fee.
PHOENIX HQ
319 East Palm Lane
Phoenix, AZ 85004
T: 602.261.7253
info@paleowest.com
The professional fee for completing the tasks described above will be a fixed fee $2,800.00,
payable in full upon submission of the draft Class I report.
We look forward to working with you on this project. Please do not hesitate to contact me at
520-429-7507 if you have questions or require additional information.
Sincerely,
PALEOWEST
Chance Copperstone, M.A. | Cultural Resources Team Leader
Figure 1. Project area (green line)
PHOENIX HQ
602.261.7253
319 East Palm Lane
Phoenix, AZ 85004
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paleowest.com
Project Name: AIRPORT FUEL TANK RELOCATION
Page C-1
Project No.: AI2208.201
Rev. 11/10/22
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 Agreement 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
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
Project Name: AIRPORT FUEL TANK RELOCATION
Page C-2
Project No.: AI2208.201
Rev. 11/10/22
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.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
Project Name: AIRPORT FUEL TANK RELOCATION
Page C-3
Project No.: AI2208.201
Rev. 11/10/22
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 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.
Project Name: AIRPORT FUEL TANK RELOCATION
Page AFF-1
Project No.: AI2208.201
Rev. 11/10/22
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.
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.