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Project Name: UNION PACIFIC RAILROAD (UPRR) AND WILLIS ROAD IMPROVEMENTS
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Project No.: ST2307.201
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PROFESSIONAL SERVICES AGREEMENT
Design Services
UNION PACIFIC RAILROAD (UPRR) AND WILLIS ROAD IMPROVEMENTS
Project No. ST2307.201
Council Date: March 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 EPS Group, Inc., an Arizona corporation, ("Consultant") (City and Consultant may
individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for UNION PACIFIC
RAILROAD (UPRR) AND WILLIS ROAD 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 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
the most suitable grade and quality for the intended purpose of the work or service.
Project Name: UNION PACIFIC RAILROAD (UPRR) AND WILLIS ROAD IMPROVEMENTS
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SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 365
calendar days after the Notice to Proceed (NTP) Date.
SECTION III--PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully
described in Exhibit “B” for performance of the services approved and accepted by City
under this Agreement must not exceed $190,641.50 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:
Project Name: UNION PACIFIC RAILROAD (UPRR) AND WILLIS ROAD IMPROVEMENTS
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Project No.: ST2307.201
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To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Kimberly Moon, P.E.
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: Rachel Marx, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3354
Email: rachel.marx@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: EPS Group, Inc.
Mailing Address:
1130 N. Alma School Road, Suite 120 Mesa, AZ 85201
Physical Address: Same as mailing address
Statutory Agent Name: US Service Corp – C/O Steve West
Statutory Agent Mailing Address:
1138 N. Alma School Rd., Ste 101
Mesa, AZ 85201
Statutory Agent Physical Address: Same as mailing address
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Greg Froehlich
Title:
Project Manager/Principal
Phone: 480-503-2250
Email:
Greg.froehlich@epsgroupinc.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.
2/14/2023
Greg Froehlich
Project Manager/Principal
greg.froehlich@epsgroupinc.com
Project Name: [TITLE]
Page A-1
Project No.: [####]
Rev. 11/10/22
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
ST2307.201 UNION PACIFIC RAILROAD (UPRR)/WILLIS ROAD
IMPROVEMENTS
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide services for the design, permitting, development of
construction documents for the development of a widened Union Pacific Railroad
(UPRR) Crossing, located on Willis Road approximately ¼ mile east of Arizona
Avenue, Chandler, Arizona, all as more specifically described herein below.
1.2
This project will include the removal/relocation of the existing railroad facilities
including gates, controllers, etc. as needed to widen the Willis Road crossing. It is
expected that UPRR will design its own facilities as coordinated by EPS Group.
EPS Group will provide the design for the new widened roadway, curb & gutter,
ADA sidewalks, pavement marking, signing as needed to complete the roadway
and match the improvements built to the west and east. It is anticipated that
signing and pavement marking designs may extend up to 1000’ east and west of
the rail crossing.
EPS will also provide the design for the replacement of an existing waterline under
the tracks to 10’ beyond the UPRR right-of-way with a new 12” waterline. EPS will
also provide design for a new reclaimed waterline for the same distance. Each of
these new pipelines will include boring and jacking designs, casing pipe, etc. to
meet UPRR requirements.
SRP irrigation facilities will be relocated to accommodate the proposed
improvements. This will include the junction structures, pipelines, etc. as
necessary to accommodate the proposed railroad crossing widening. EPS will
provide location and other conceptual irrigation designs to SRP. SRP will then
design its facilities.
No new landscape construction is anticipated as the work is almost entirely within
the UPRR right-of-way.
1.3
The project design budget is $190,642. All design of the project is expected be
completed within this budget.
1.4
Consultant will provide all design services for the Project including, but not limited
to, civil engineering services.
2. ASSIGNMENT:
2.1
The design Agreement has been awarded to EPS Group 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 the Design Quality Control Plan
attached hereto and made a part hereof by reference.
5. PRELIMINARY RESEARCH:
5.1
As and for preliminary research before preparing the project design, Consultant
will:
a. Perform a Document Search for utility as-builts.
b. Perform a Document search for rights-of-way.
c.
Perform a Document search for survey ties and benchmarks.
d. Perform a Document search for City policies, regulations, standards, design
manuals, and requirements, etc. relevant to project.
e. Research and/or obtain geotechnical reports and investigations, drainage
reports and investigations, master plans, computer model data and field
surveys.
f.
Research all utility companies/agencies and acquire all available as-built and
utility records.
g. Investigate existing conditions, make measured drawings, and verify accuracy
of drawings or other information furnished by City.
h. Consultant must provide a survey of the project area that includes complete
topographical and property data of the immediate site. Design must utilize
established City of Chandler benchmarks and reference locations of
benchmarks on the plans. Clearly define the benchmark location and elevation
that will be utilized for construction of this facility.
6. UTILITY AND STAKEHOLDER COORDINATION:
6.1
EPS Group will conduct progress meetings with City staff on an as-needed basis
as directed by the City. Up to 6 meetings are anticipated during the project.
6.2
Coordination with utility companies and agencies must be in accordance with the
latest version of the “Public Improvement Project Guide” (PIPG).
6.3
Consultant must identify utility conflicts during the initial stages of the design
process. This will include the potholing of existing utilities as needed to complete
the design. An allowance of up to $34,908 for potholing has been included which
assumes up to 16 potholes and includes Traffic Control required to complete the
potholing work, and UPRR/SRP permits required to start the potholing work. In
addition, this includes a surveyed and stamped report.
6.4
Consultant must coordinate the design and installation of the utilities, rail and
irrigation facilities, which includes, but is not limited to, services for electric,
communications, etc.
6.5
Easements for SRP and UPRR must be identified early in the design stage of the
project and necessary information provided to City’s Real Estate Department to
allow City to complete acquisition during the design phase.
6.6
The Consultant will provide the legal descriptions for any needed SRP and UPRR
easements. We anticipate up to 8 legal descriptions.
6.7
Consultant must submit preliminary plans, specifications, and design calculations
to utilities/agencies for review and use during their design for their service
improvements or any necessary relocations.
6.8
Consultant must conduct meetings to coordinate relocations with utility/agency
and establish relocation schedules. We expect up to 3 meetings with SRP and up
to 7 with UPRR.
6.9
Coordination with UPRR and Arizona Corporation Commission (ACC) will also be
provided by OG Engineering (see attached scope of work for details).
6.10
Consultant must follow-up with the final design submittal for utility/rail
construction and coordination with the bid documents.
6.11
Consultant must incorporate the utility/agency construction requirements into
the bid documents.
7. GEOTECHNICAL INVESTIGATION:
7.1
Consultant must perform all soil and pavement borings necessary to complete
their work.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must
be incorporated into the bid documents.
8. PROJECT PLANNING
8.1
Consultant must meet with City staff, UPRR and SRP prior to initiating work on the
60% Plans to ascertain the requirements of the Project and will arrive at a mutual
understanding of such requirements.
8.2
No public meetings are anticipated.
9. CONCEPTUAL EXHIBIT
9.1
An exhibit shall be prepared that includes the horizontal plan of the new sidewalk,
curb & gutter, pavement marking, signage, and new water/reclaimed mains. It is
assumed that a Draft Conceptual Exhibit is submitted for review and comment
and is updated one time with a Final Conceptual Exhibit. Additional iterations
would require a Contract Modification.
The approved Conceptual Exhibit will be used to obtain a Pre-Engineering
Agreement (PEA) with UPRR.
10. 60% INTERMEDIATE PLANS:
10.1
Based on the approved Conceptual Exhibit, Consultant must prepare, for approval
by City, 60% Intermediate Plans consisting of drawings and other documents. The
following work elements will be completed/prepared.
a.
Typical sections, roadway plan & profiles, drainage details, lighting plans and
details, and right-of-way/easement requirements.
b.
An initial Drainage Report.
c.
Meet with City of Chandler staff to review comments and resolve potential
conflicts.
d.
An updated construction cost estimate.
e.
Submit to City’s Project Manager for comment a complete drawing set in
readable electronic format with drainage calculations.
f.
Preliminary technical specifications.
11. 90% PLANS:
10.2
Based on the approved 60% Design Documents and any adjustments authorized
by City, Consultant must prepare, for approval by City, 90% Plans consisting of
drawings and other documents. The following work elements will be
completed/prepared.
a.
Pre-final typical sections, roadway plan & profiles, drainage and rail crossing
details, SRP plans and details, and final right-of-way/easement requirements.
b.
A final Drainage Report.
c.
Meet with City of Chandler staff to review comments and resolve potential
conflicts.
d.
An updated construction cost estimate.
e.
Submit to City’s Project Manager for comment a complete drawing set in
readable electronic format with drainage calculations.
f.
Draft technical specifications.
12. CONSTRUCTION DOCUMENTS (100% PLANS):
12.1
Based on the approved 90% Design Documents and any adjustments authorized
by City, Consultant must prepare, for approval by City, 100% construction
documents consisting of drawings and other documents. The following work
elements will be completed/prepared.
a.
Pre-final typical sections, roadway plan & profiles, drainage and rail crossing
details, SRP plans and details, and final right-of-way/easement requirements.
b. A final Drainage Memo. A formal drainage report will not be required.
c. Meet with City of Chandler staff to review comments and resolve potential
conflicts.
d. An updated construction cost estimate.
e. Submit to City’s Project Manager for comment a complete drawing set in
readable electronic format with drainage calculations.
f. Final technical specifications.
13. BID & AWARD (Final Documents):
13.1 Submit sealed bid documents to the City for permitting, bidding and construction.
13.2 Provide electronic versions of the final bid documents along with associated AutoCAD
files, and related information.
13.3 Pick-up plan review final comments and prepare stamped pdf documents for
reproduction. City will have the bid sets reproduced from these pdf plans.
13.4 Assist City in the preparation of the Bid Form.
13.5 Attend and participate at the pre-bid conference for the purpose of answering
technical questions from potential bidders.
13.6 Assist City in the evaluation of “substitutions and or-equals” and make a
recommendation to accept or decline.
13.7 Prepare addenda for review and approval by City. City will distribute.
13.8 If bids are 10% over or under the “engineers estimate”, Consultant will be required to
provide a detailed evaluation explaining differences. Then the documents will be
modified and re-bid at no additional cost to City.
14. ALLOWANCES:
14.1
Potholing allowance (Up to 16 potholes – See Scope of Work from SafeSite)
14.2
Right-of-way acquisition/legal descriptions (Up to 8 Legal Descriptions)
14.3
EPS will submit for the Approval to Construct (ATC) through MCESD. This
includes the MCESD permit fees for water and for the reuse lines.
14.4
Owner’s Allowance for miscellaneous items/expenses that may be
discovered during the design process (10% of design fee)
15. PERIOD OF SERVICE (MILESTONES):
15.1
Following receipt of a “Notice to Proceed” with the design work, Consultant
must complete the design and have all documents ready for bidding within
365 calendar days of the date indicated on the Notice to Proceed.
15.2
Consultant must complete all services specified herein in accordance with the
Production Schedule and progress milestones included in Exhibit A attached
herein. 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.
Project Name: [TITLE]
Page B-1
Project No.: [####]
Rev. 11/10/22
EXHIBIT “B”
COMPENSATION AND FEES
3,260.00
$
3.1 Production Schedule
3,260.00
$
1,225.00
$
4.1 Quality Control Plan/Execution
1,225.00
$
17,020.00
$
5.1 Perform Document Search and Research
1,800.00
$
5.2 Investigate Existing Conditions
2,470.00
$
5.3 Survey
7,560.00
$
5.4 Right-of-Way Mapping Base File
2,540.00
$
5.5 Utility Mapping Base File
2,650.00
$
63,815.00
$
6.1 Coordination with City Staff
4,710.00
$
6.2 Coordination with Utilities (PIPG)
4,390.00
$
6.3 Utility Conflict Locating (for potholing see allowance)
1,160.00
$
6.4 Design Coordination with Utilities
5,150.00
$
6.5 SRP and UPRR Easement Identification/Delineation
1,820.00
$
6.6 Legal Descriptions (see allowance below)
-
$
6.7 Utility Plan submittals
1,160.00
$
6.8 Utility/ Agency Meetings (up to 11)
11,160.00
$
6.9 UPRR and ACC coordination (See OG Scope & Fee)
22,750.00
$
6.10 Utility/UPRR design incorporation
8,080.00
$
6.11 Utility/UPRR construction requirement incorporation
3,435.00
$
13,600.00
$
7.1 Soil and Pavement Borings (See ATEK Scope & Fee)
13,600.00
$
3,885.00
$
9.1 Prepare Conceptual Exhibit
3,885.00
$
13,435.00
$
10.1 Prepare, submit, and review 60% plans
11,460.00
$
Prepare Engineer's Cost Estimate
1,975.00
$
-
$
8,785.00
$
11.1 Prepare, submit and review 90% plans
7,390.00
$
Prepare engineer's cost estimate
1,395.00
$
-
$
3,730.00
$
12.1 Prepare, submit and review 100% plans
2,875.00
$
Prepare engineer's cost estimate
855.00
$
4,230.00
$
13.1 Prepare and submit sealed plans
1,230.00
$
13.2 Prebid conference and questions during bidding
1,340.00
$
13.3 Bid evaluation
670.00
$
13.4 Issue Addenda as required
990.00
$
57,656.50
$
14.1 Allowance for Potholing (Up to 16 potholes - See SafeSite Scope
and Fee)
34,908.00
$
14.2 Legal Descriptions (up to 8 at $850/each)
6,800.00
$
14.3 Approval to Construct (ATC) Permits
2,650.00
$
14.4 Owner's Allowance (10% of Total Design Fees)
13,298.50
$
TOTAL COST:
190,641.50
$
ALLOWANCES
SUBTOTAL
Task 9.0 Conceptual Exhibit
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 11.0 90% Plans
Task 10.0 60% Intermediate Plans
Lump Sum Cost Per Task
Task 5.0 Preliminary Research
Task 12.0 Construction Documents (100%)
Task 13.0 Contractor Coordination / Bidding
Task 4.0 Quality Control
Task 3.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-1"
TASK DESCRIPTION
ST2307.201 - Union Pacific Railroad (UPRR)/Willis Road Improvements
Union Pacific Railroad (UPRR)/Willis Road
Improvements
Greg Froehlich -PM
Matt Buchanan - RLS
Bruce Hallsted - Sr. Engr.
Cris Aguilar - PE/Prof
Renzo Curay - Engr / Designer
Anthony Grass - Survey Tech
Rob Williams - Tech
Sam Matthews - Admin
$ 175.00 $ 175.00 $ 160.00 $ 145.00 $ 120.00 $ 115.00 $ 100.00 $ 80.00
12
0
0
8
0
0
0
0
20
3.1 Production Schedule
12
8
7
0
0
0
0
0
7
4.1 Quality Control Plan/Execution
7
2
12
10
16
0
40
34
0
114
5.1 Perform Document Search and Research
4
8
5.2 Investigate Existing Conditions
2
6
8
5.3 Survey
8
24
34
5.4 Right-of-Way Base File
4
16
5.5 Utility Base File
2
20
69
0
96
94
0
0
0
0
259
6.1 Coordination with City Staff
12
18
6.2 Coordination with Utilities (PIPG)
6
10
12
6.3 Utility Conflict Locating (for potholing see allowance)
8
6.4 Design Coordination with Utilities
12
10
10
6.5 SRP and UPRR Easement Identification/Delineation
4
7
6.6 Legal Descriptions (see allowance below)
6.7 Utility Plan submittals
8
6.8 Utility/ Agency Meetings (up to 11)
22
33
14
6.9 UPRR and ACC coordination (See OG Scope & Fee)
See OG Engineering Scope & Fee
6.10 Utility/UPRR design incorporation
8
20
24
6.11 Utility/UPRR construction requirement incorporation
5
16
0
0
0
0
0
0
0
0
0
7.1 Soil and Pavement Borings (See ATEK Scope & Fee)
See ATEK Scope & Fee
3
0
6
0
10
0
12
0
31
9.1 Prepare Conceptual Exhibit
3
6
10
12
13
0
20
0
38
0
34
0
105
10.1 Prepare, submit and review 60% plans
12
20
28
28
Prepare engineer's cost estimate
1
10
6
7
0
8
12
22
0
19
0
68
11.1 Prepare, submit and review 90% plans
6
8
12
16
14
Prepare engineer's cost estimate
1
6
5
6
0
0
0
14
0
10
0
30
12.1 Prepare, submit and review 100% plans
5
10
8
Prepare engineer's cost estimate
1
4
2
10
0
10
0
4
0
4
0
28
13.1 Prepare and submit sealed plans
2
4
4
13.2 Prebid conference and questions during bidding
4
4
13.3 Bid evaluation
2
2
13.4 Issue Addenda as required
2
4
Task 1.0 Project Description & Scope of Construction
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
Task 9.0 Conceptual Exhibit
Task 11.0 90% Plans
Task 13.0 Contractor Coordination / Bidding
Task 3.0 Project Schedule
Task 4.0 Quality Control
Task 6.0 Utility and Stakeholder Coordination
Task 7.0 Geotechnical Investigation
Task 12.0 Construction Documents (100% Plans)
Task 10.0 60% Intermediate Plans
111 SOUTH WEBER DRIVE, SUITE 1
WWW.ATEKEC.COM
P (480) 659-8065
CHANDLER, AZ 85226
F (480) 656-9658
November 29, 2022
File Number: 220266
Attention: Greg Froehlich, PE
Public Works Department Manager
1130 N Alma School Road, Suite 120
Meza, Arizona
Re:
Proposal for Geotechnical Subsurface
Exploration Union Pacific Railroad (UPRR)/Willis
Road Improvements Chandler, Arizona
ATEK Engineering Consultants, LLC (ATEK) is pleased to present this proposal to perform a
geotechnical subsurface exploration at the above referenced site. This proposal is based on a
request for proposal received via email on November 28, 2022.
ATEK is committed to providing a high level of service to its clients, commensurate with their
wants and needs. If a portion of this proposal does not meet your needs, or if those needs
have changed, ATEK will consider appropriate modifications, subject to the standards of care
to which we adhere as professionals. We look forward to the opportunity to serve you.
PROJECT UNDERSTANDING
The proposed project consists of a geotechnical exploration to determine the surface and
subsurface soil conditions for improvements to a railroad-street crossing in Chandler, Arizona.
The proposed improvements will include widening at the East Willis Road and Union Pacific
Railroad (UPRR) crossing to meet the requirements of a full collector roadway standards. A
new water line and new reclaimed water line will be installed across the UPRR through a
trenchless technique. In addition, a Salt River Project irrigation junction will be
undergrounded across the UPRR. It is understood that the UPRR Right-Of-Way (ROW) is 100
feet wide. The test borings will be advanced outside the UPPR ROW.
COST AND SCHEDULE
ATEK proposes to provide the geotechnical services as detailed below on a lump sum basis.
This fee also assumes that one (1) color PDF report will be provided. Extra ‘hard copy’ reports
will be provided if requested prior to the initial report printing.
* Includes City of Chandler ROW permit, asphalt saw cutting, traffic control (two
mobilizations), ½ sack slurry backfill, and hot asphalt patch (per MAG STD Det. 212). As
required by City of Chandler.
Services will be scheduled upon receipt of your authorization to proceed. We understand that
the Client will provide access to the property through an encroachment permit and traffic
control permit. ATEK will apply for encroachment permit. We estimate that our geotechnical
scope of services will be complete within twenty-five to thirty (25 to 30) calendar days from
notice to proceed to close out of scope of services. If necessary ATEK can adjust the
geotechnical exploration schedule to accommodate project requirements.
Item
Cost
Geotechnical Subsurface Exploration
$ 13,600.00
Total
$ 13,600.00*
November 29, 2022
Union Pacific Railroad (UPRR)/Willis Road
Improvements Chandler, Arizona
Proposal 220265
Page 2 of 5
SCOPE OF SERVICES
A geotechnical subsurface exploration is required to develop information relative to existing
site soil. ATEK proposes to provide the following scope of services:
•
Perform a review of pertinent documents provided by the client regarding
geotechnical information associated with the property.
•
Perform a geotechnical site reconnaissance.
•
Review available construction information for the proposed structure as it relates to
the geotechnical characteristics of the site.
•
Explore the existing subsurface conditions by drilling two (2) soil borings to a depth of
thirty feet to determine information relative to subsurface soil conditions. The soil
test borings will be advanced using a hollow stem auger to the proposed depth or to
auger refusal, whichever occurs first. Representative soil samples will be obtained
between the surface and a depth of 2.5 feet, at 5 feet, and at 5-foot intervals
thereafter using standard sampling procedures.
•
To identify if groundwater is encountered during drilling of borings.
ASSUMPTIONS
Our proposed Scope of Services and cost estimate are based on the following assumptions:
•
ATEK will not drill any boring on the Union Pacific Railroad right-of-way.
•
The project owner will provide right-of-entry to all locations of the borings through an
approved encroachment permit.
•
Locations of the borings will be cleared by “Blue Stake”.
•
Traffic control will consist of an off-duty police officer and a traffic control barricade
company, as necessary
•
All borings will be backfilled with ½ sack ABC slurry.
•
All borings cut though asphalt will be saw cut (18-inch by 18-inch squares) and will be
patched back with asphalt to the approximate depth of existing pavement.
•
The Scope of Services included within our fee estimate does not include any services
in connection with the discovery of potential contamination during our drilling and
sampling operations. In the event that such material is suspected, we will notify you
immediately for direction before proceeding on any out-of-scope services.
•
All borings will be backfilled with excavated materials.
•
This proposal assumes that the site is accessible with a truck-mounted drill rig, under
its own power, without the need for towing or pushing.
•
This proposal includes drilling to a maximum depth of 30 feet below existing site
grade, if deeper borings are required, we will need to revise our Scope of Work and
fee estimate.
November 29, 2022
Union Pacific Railroad (UPRR)/Willis Road
Improvements Chandler, Arizona
Proposal 220265
Page 3 of 5
•
Any service or cost not specifically included in this proposal is not included in the
Scope of Services and associated fee. Costs generated from any services requested by
the client that are outside the above Scope of Services will be charged to the client.
At the completion of the fieldwork, representative samples will be sealed in plastic bags or
brass and plastic containers and transported to our laboratory. The samples will then be
classified in general accordance with the Unified Soil Classification System (USCS) and
reviewed by a geotechnical engineer. Field boring logs will be prepared presenting a
description of the soils encountered by the borings. Laboratory testing completed for this
project will include natural moisture contents, percent passing a No. 200 sieve, Atterberg
limits, one dimensional consolidation tests, undisturbed ring densities, swell tests, sulfate
contents, chloride contents, sulfide, redox potential, pH and resistivity tests. All tests will be
performed in general accordance with applicable ASTM procedures.
Based upon our analyses, a geotechnical engineering report will be prepared and issued. The
following items will be included in the report:
•
A brief review of our field and laboratory procedures and all test results, including
boring logs;
•
A discussion of the general subsurface conditions including soil and groundwater
conditions;
•
A review of the proposed construction design conditions;
•
Any unsatisfactory soil conditions (if applicable) and recommended remedial
measures;
•
Design criteria related to the recommended design values for buried pipes;
•
Recommended pavement sections for the pavements (trench repairs);
•
Recommended construction procedures and quality control measures related to
foundations and earthwork;
•
A brief review of our field and laboratory procedures and all test results, including
boring location plan. All fourteen borings will be tested for corrosion using Table A.1
found in Appendix A of the American National Standard for Polyethylene Encasement
for Ductile-Iron Pipes Systems (ANSI/AWWA C105/A21.5-99), dated 1999, i.e. 10-point
system;
•
Recommended pavement sections.
AUTHORIZATION
The work will be conducted in accordance with the attached General Conditions. Your
signature on this proposal indicates your acceptance of these Conditions and authorization for
ATEK to proceed with the Scope of Services outlined herein. If this proposal is acceptable,
we can begin work as soon as we receive an ORIGINAL signature in the “acceptance” field.
If there is a need for any change in the scope of services or schedule described in the
proposal, please call us immediately. Changes may require revision of the proposed fee,
which will be communicated to you upon assessment of the requested changes effect on the
fee.
November 29, 2022
Union Pacific Railroad (UPRR)/Willis Road
Improvements Chandler, Arizona
Proposal 220265
Page 4 of 5
LIMITATIONS
ATEK will perform its services in a manner consistent with the standards of care and skill
ordinarily exercised by members of the profession practicing under similar conditions in the
geographic vicinity and at the time the services will be performed. No warranty or
guarantee, express or implied, is provided as part of the services offered by this proposal.
This proposal neither makes nor intends a warrantee or guarantee, express or implied, nor
does it create a fiduciary responsibility to Client by Consultant.
We sincerely appreciate the opportunity to be of service and look forward to working with
you on this project.
TERMS AND CONDITIONS
All terms and conditions indicated in this proposal and in the attached General Conditions will
be considered by both parties to be in effect from the effective date of the signed proposal
through completion of the project. The proposal will remain in effect for 60 days from its
date, and thereafter shall be null and void unless it has been signed for the work proposed.
We sincerely appreciate the opportunity to be of service and look forward to working with
you on this project.
Sincerely,
ATEK Engineering Consultants, LLC.
Antonio Lopez, PE
Armando Ortega, PE
Project Manager
Principal Geotechnical Engineer
Enclosure: General Conditions 2022
Client agrees to the Scope of Services described in this Proposal and Cost Estimate and the
General Conditions attached and incorporated herein.
By:
__________________________
EPS Group, Inc.
Title: __________________________
Date: __________________________
O.G. Engineering LLC
Roads and Rails
www.OGEngineeringPro.com
www.OGEngineeringPro.com 602 818 3896
APopovici@ogengineeringpro.com
November 14, 2022
Mr. Bruce Hallsted, PE
EPS Group
1130 N. Alma School Rd, Ste 120
Mesa, AZ 85201
Office: (480) 503-2250
Cell: (480) 236-2339
Bruvce.hallsted@epsgroupinc.com
Subject: Quote for providing supporting services for the Willis Road railroad crossing improvements
Dear Mr. Hallsted,
Thank you for contacting O.G. Engineering to provide an estimate for support services for the Willis Rd
project at the UPRR railroad in Chandler, AZ. The project consists in widening the roadway at the
railroad crossing, modification of an existing forced water transmission line or installation of a new
line, and installation of a new gravity sewer line under the railroad track. Please find below a summary
of tasks, scope, and cost of our proposed services. As we learn more about your project and following
demand by Client, changes to the tasks and deliverables could take place or additional tasks can be
assigned per mutual understanding.
TASK 1 – At-grade railroad crossing modification
• Review the proposed changes to the existing at-grade railroad crossing and provide the
railroad guidelines on expected required improvements.
• Provide support to preparation of crossing plans and compliance with the railroad standards,
MUTCD, the ACC requirements and other standards as applicable.
• Coordinate obtaining ROE from railroad for planning purpose (survey, potholing, etc.)
• Coordinate the creation and acceptance of the project by the railroad. Coordinate UPRR’s
review of plans, response, and progress of crossing design.
• Participate in field meetings with the Client, City, UPRR, ACC and other stakeholders.
• Coordinate project design review and approval by UPRR and act as liaison for preparation of
the C&M Agreement between the City of Chandler and UPRR.
www.OGEngineeringPro.com 602 818 3896
APopovici@ogengineeringpro.com
• Prepare the application to the ACC for changes at an existing railroad crossing, serve as expert
for the applicant thru the process.
• Other related services as necessary for the project or requested by Client.
TASK 2 – Utilities Permitting
• Help identify project’s impact on the existing utilities on the railroad’s ROW. Prepare or
support preparation of plans for utilities relocation, modification, or new utilities installation at
the railroad.
• Provide input to design the two utility lines crossing the railroad: forced water line and gravity
sewer.
• Prepare the documentation and apply for railroad permits for the two individual utility lines,
water, and sewer.
• Other related services as necessary for the project or requested by Client
Deliverables include:
• Review project documents and provide input via email (PDF), phone or hard copy as requested
by Client.
• Participate in meetings with the Client, the railroad, the ACC, City of Chandler and others as
necessary or as requested by the Client.
• Provide any other support and coordination services as requested by Client.
SCHEDULE OF DELIVERABLES
• The schedule for completion of each plan review is 5 to 10 business days after receipt of such
plan(s).
• Respond to emails and calls within 1 to 3 business days and reply via email, phone or hard
copy as appropriated.
• Provide instant feedback during in-person or virtual meetings (web based, phone conference
calls).
• Participate in meetings and conference calls on notice.
• Participate on site visits/meetings as requested by Client.
FEE
• For the services described in the Tasks above, the Client agree to pay O.G. Engineering a fee of
up to $22,750
www.OGEngineeringPro.com 602 818 3896
APopovici@ogengineeringpro.com
Fee is based on previous experience on similar projects. O.G. Engineering will charge actual cost based
on the number of hours worked.
Invoices are submitted at the month’s end. Payments of invoices are due within 30 days of being
submitted.
You may indicate your acceptance of the proposal by signing and returning this quote via email. If you
have any questions regarding this quote or would like further information, please feel free to contact
us.
Thank you,
O.G. Engineering LLC.
Alex Popovici
602 818 3896
Apopovici@ogengineeringpro.com
AGREED TO AND ACCEPTED BY:
EPS Group Inc.
Printed Name
Title
Date
Alex Popovici
RR
Coordination
QA/QC
Hourly billing Rate
175.00
$
Task 1 - Road Crossing project
Plans review, coordination
with stakeholders, ACC
process coordination,
conference calls and
meetings, site visits.
90
90
15,750
$
15,750
$
Task 2 - Utilities Permitting
Design support and
application for railroad
permitting
40
40
7,000
$
7,000
$
Subtotal
130
22,750
$
Willis Rd, Chandler AZ
EPS Group Inc.
December 7, 2022
Total Hours
Labor Cost per
task
Total
COC ST2307.201 Willis Road UPRR Crossing
Opportunity Name
OP22-6154_COC ST2307.201
WillisRd-UPRRXing
Quote Name
1.
2.
3.
4.
5.
Client will provide available utility location information as well as project datum information to Safe Site to aid
in facilitating this project.
A “Test Hole” will be considered one excavation up to 8 feet deep with lateral “belling” of up to a width of 4
feet. Excavating in excess of 12 feet in depth will be considered out of scope.
Test Holes will be backfilled per owner/agency specifications.
Asphalt on concrete pavement surfaces will be restored per method indicated in Fees section. If local
authority requires a different restoration, any additional costs will be passed on to Client. These charges, if
applicable, will be determined during the permitting stage and any fee charge will be presented to Client.
Coring pavement in excess of 12" thickness will result in an additional fee of $100 per hole.
Pricing assumes test hole locations are accessible within 15’ with vacuum truck. Further distances, such as
rear of lots, will be considered out of scope and additional fees will be presented to Client for approval.
1.
2.
3.
4.
5.
6.
Safe Site will verify 811 markings and assess the success probability of test hole locations indicated by client
prior to excavation utilizing various geophysical locating means. Test hole locations may be adjusted or
eliminated based on the results of this investigation and upon discussion with, and approval of client
Safe Site will supply a vacuum excavation crew on the project site for digging test holes and documenting
utility locations.
Upon exposure of a target utility, Safe Site will record utility type, size, material, and depth of cover of each.
If Line Item charges for Survey are shown in Fees Section then Safe Site will provide survey and a CAD map
file by a Registered Land Surveyor to document the locations and elevations of potholed utilities. If no Line
Item for Survey is shown then pricing assumes Survey and CAD will be provided by others.
Safe Site will provide a Test Hole Summary Report detailing this information.
Safe Site will indicate the locations of exposed utilities by marking the ground surface using PK nails or stake
chasers (nylon brushes).
E Willis Rd & S Arizona Ave Chandler, AZ 85286
Site Address
1130 N Alma School Rd Suite 120
Mesa, AZ 85201
Billing Address
greg.froehlich@epsgroupinc.com
Email
(480) 503-2250
Phone
EPS Group Inc
Account Name
Greg Froehlich
Contact Name
COC ST2307.201 Willis Road UPRR Crossing
Opportunity Name
3/30/2023
Expiration Date
OP22-6154
Opportunity
00001767
Quote Number
12/30/2022
Created Date
Licenses: AZ: ROC 211956 / NV: NSC 0078575
Email: Bids@safesitellc.com
(602) 606-8882
Phone
7623 N 73rd Dr
Glendale, Arizona 85303
Company Address
Safe Site Utility Services LLC
Customer Information
Work Site Info
Scope of Work
Terms and Conditions
COC ST2307.201 Willis Road UPRR Crossing
Opportunity Name
OP22-6154_COC ST2307.201
WillisRd-UPRRXing
Quote Name
This Acceptance becomes a part of the Proposal Letter.
The Proposal is hereby accepted according to the Scope of Work and Terms and Conditions contained therein. Safe
$34,908.00
Total Price
-Test holes of depths in excess of 8' will result in an additional charge of $335 each. Digging in excess of 12’ will be
considered out of scope and will be billed at $320 per hour upon approval of Client.
-Additional utilities found and documented in a test hole will be charged at $85 each.
-Client will provide CAD project file(s) that include horizontal datum and vertical control information so that our RLS can
establish the correct datum/control prior to surveying field results. If not provided prior to our surveying, we will establish
datum/control to be used in creation of the deliverables. Safe Site can convert to Client’s project datum after deliverables
are provided, if requested, for a fee of $465.
Additional Terms
Approx. 16 utility test holes (potholes) at intersection of Willis Rd & UPRR (east of AZ Ave).
Quote includes UPRR and Chandler permitting as well as UPRR's required Railroad Protective Liability Insurance. Quote
excludes any other costs associated with UPPPR requirements including UPRR flaggers. Any costs associated with
additional UPRR requirements will be passed through to Client at cost + 15%. Client would be notified of these additional
charges prior to our start of site work.
Description
6.
7.
8.
9.
10.
11.
12.
Should caliche, tree roots, concrete, rocks in excess of 6” diameter, or other materials encumber vacuum
excavation, work will be halted for that test hole and referred back to Client for alternative solutions which may
include authorization to continue work at Hourly Rate.
Traffic control costs are included where applicable.
Expected Permitting/Bonding costs, if any, have been included in this proposal. Any out of ordinary costs
incurred due to governing agency requirements will be presented to Client for approval as additional fee
amount.
If excavation spoils are determined to be potentially hazardous waste by an enforcement agency having
jurisdiction, then the cost of testing and disposal will be passed through to client. Work will cease until Client
has been notified and agreement on how to proceed has been reached.
Safe Site will exercise due diligence in identifying and locating all utilities. However, due to factors beyond our
control including lack of maps, inaccuracy of maps, lack of aboveground indications of utilities, the presence
of unknown and non-electromagnetically conductive utilities and soil conditions being non-conducive to GPR
scans, Safe Site cannot guarantee that all utilities will be found.
Payment terms are Net 30 days unless other arrangements have been made.
New Customer Policy - Payment will be required by credit card for the first job completed or if the job is over
$1000, we will require a 35% retainer to be paid prior to commencement of work. We prefer payment is made
via ACH/Wire Transfer, otherwise credit card transactions would require an additional 3% Fee. After the first
job completed, invoicing terms will be standard Net 30 Days.
Site Specific Details
Project Fee
Product
Line Item Description
Sales
Price Quantity
Total Price
Excavating Test Holes up to 8' in Depth
Pothole (12 Hole Minimum)
$708.00
16.00 $11,328.00
Ancillary Costs (Permitting, Traffic Control,
Back-fill, Etc.)
Includes UPRR RPL Insurance
$14,088.00
1.00 $14,088.00
Survey & Stamped Report
$1,279.00
1.00
$1,279.00
AC Surface Restoration - MAG 212B
Per Core & Reinstatement (Min fee of 3)
$315.00
16.00
$5,040.00
Miscellaneous Services
Contingency Budget (UPRR requirements, extra depth
charges, etc - if needed)
$3,173.00
1.00
$3,173.00
ACCEPTANCE STATEMENT AND AUTHORIZATION TO PROCEED
COC ST2307.201 Willis Road UPRR Crossing
Opportunity Name
OP22-6154_COC ST2307.201
WillisRd-UPRRXing
Quote Name
Site Utility Services, LLC is authorized to proceed with the work described therein. Payment will be made according
to the payment terms specified in the Proposal. Any unpaid balance remaining beyond the due date will be subject to
interest at an annual rate of 18% (1.5% per month).
For acceptance and scheduling of these services please sign, scan, and return this page to bids@safesitellc.com or
fax to Safe Site @ 602-391-2934.
Project Name: [TITLE]
Page C-1
Project No.: [####]
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: [TITLE]
Page C-2
Project No.: [####]
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: [TITLE]
Page C-3
Project No.: [####]
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: [TITLE]
Page AFF-1
Project No.: [####]
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.