Extracted text (via pymupdf)
72680 characters
Project Name: Wall Street Improvements
Page 1
Project No.: CA2202.451
Rev. 1/12/2024
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
WALL STREET IMPROVEMENTS
Project No. CA2202.451
Council Date: April 4, 2024
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2024
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and Consultant Engineering, 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 Construction Management Services for
WALL STREET 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: Wall Street Improvements
Page 2
Project No.: CA2202.451
Rev. 1/12/2024
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
210 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 $146,862 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: Wall Street Improvements
Page 3
Project No.: CA2202.451
Rev. 1/12/2024
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Daniel Haskins, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.haskins@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Scott Riter, Construction Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3328 Email: scott.riter@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Consultant Engineering, Inc.
Mailing Address: PO Box 37167, Phoenix, AZ 85069
Physical Address: 10625 N. 25th Ave, Suite 200, Phoenix, AZ 85029
Statutory Agent Name: John Patterson
Statutory Agent Mailing Address:
PO Box 37167, Phoenix, AZ 85069
Statutory Agent Physical Address:
10625 N. 25th Ave, Suite 200, Phoenix,
AZ 85029
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Brian Lizzet
Title:
Project Manager/Principal
Phone: 480.689.6472
Email:
blizzet@cei-az.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
the appropriate federal agency, has access to the subconsultants’ records to verify the
Project Name: Wall Street Improvements
Page 4
Project No.: CA2202.451
Rev. 1/12/2024
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
convenience in accordance with the provisions of this Agreement.
Project Name: Wall Street Improvements
Page 5
Project No.: CA2202.451
Rev. 1/12/2024
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.
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
Project Name: Wall Street Improvements
Page 6
Project No.: CA2202.451
Rev. 1/12/2024
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
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
Project Name: Wall Street Improvements
Page 7
Project No.: CA2202.451
Rev. 1/12/2024
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
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.
Project Name: Wall Street Improvements
Page 8
Project No.: CA2202.451
Rev. 1/12/2024
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
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
Project Name: Wall Street Improvements
Page 9
Project No.: CA2202.451
Rev. 1/12/2024
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
Project Name: Wall Street Improvements
Page 10
Project No.: CA2202.451
Rev. 1/12/2024
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 – Subconsultant Documents with Consultant (if applicable)
Exhibit F - Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Project Name: Wall Street Improvements
Page 11
Project No.: CA2202.451
Rev. 1/12/2024
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.
Project Name: Wall Street Improvements
Page 12
Project No.: CA2202.451
Rev. 1/12/2024
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:
Daniel Haskins, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
CONSULTANT ENGINEERING, INC.
Signature
Date
Print Name
Title
Signer Email Address
February 28, 2024
Brian Lizzet, PE, CCM
Vice President
blizzet@cei-az.com
Project Name: Wall Street Improvements
Page A-1
Project No.: CA2202.451
Rev. 1/12/2024
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1
EXHIBIT “A”
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
WALL STREET IMPROVEMENTS
FRYE ROAD TO CHICAGO STREET
CITY OF CHANDLER PROJECT NO. CA2202.451
PROJECT TASKS
1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Preconstruction Assistance
i. Consultant must attend the pre-construction meeting. .
ii. Consultant must attend the pre-construction public meeting.
2.
CONSTRUCTION MANAGEMENT
A. Task 2.1 Weekly Construction Meetings
i. Consultant must conduct weekly construction meetings. Each meeting
includes agenda and minutes; Request for Information (RFI); Shop Drawing;
Request for Information (RFI); Field Directive (FD); Material Certification; and
Allowance Logs. Consultant assumes 16 weekly meetings will be held.
B. Task 2.2 CPM Schedule
i. Consultant must review and evaluate Contractor’s initial CPM schedule and
provide recommendations for acceptance.
ii. Consultant must review Contractor’s monthly CPM schedule updates
submitted with each payment application, identify CPM tasks behind schedule
that may affect critical path items, project substantial and final completion
dates and initiate correspondence to City regarding those tasks. Consultant
assumes 3 reviews of updated CPM schedule.
C. Task 2.3 Requests for Information (RFI’s)
i. Consultant must review, evaluate, and respond to Contractor Requests for
Information (RFI’s); and prepare and maintain a submittal log of all RFI’s.
Consultant assumes 10 RFI responses.
D. Task 2.4 Shop Drawing Submittals
i. Consultant must review, evaluate, and respond to Contractor shop drawing
submittals; and prepare and maintain a submittal log of all shop drawing
submittals. Consultant assumes a maximum of 10 reviews.
E. Task 2.5 Requests for Proposal (RFP)
i. Consultant must prepare Requests for Proposal (RFP) documents detailing
requested additional work tasks; review and evaluate Contractor RFP
responses (cost derivations) with approval recommendations; and prepare
and maintain a submittal log list of all RFP’s. Consultant assumes 5 RFPs.
2
F. Task 2.6 Field Directives (FD’s)
i. Consultant must prepare Field Directive (FD) documents detailing requested
additional work tasks; review and evaluate Contractor FD responses with
approval recommendations; and prepare and maintain a submittal log list of
all FD’s. Consultant assumes 5 FD’s.
G. Task 2.7 Contractor Payment Applications
i. Consultant must review and evaluate Contractor monthly payment
applications and make recommendation for payment; maintain a weekly
record of constructed pay quantities and compile monthly totals; and
coordinate payment application with the City quantity report and the
inspectors’ daily logs. Consultant assumes 4 payment applications, with 2
reviews each.
H. Task 2.8 Public Outreach
i. Consultant must provide public outreach services, whether by Consultant or
subconsultant. Tasks may include: response to inquiries, complaints and public
interactions with property owners as a liaison between property owners and the
City.
3.
CONSTRUCTION INSPECTION
A. Task 3.1 Inspection Services
i. Consultant must provide weekly construction inspection to verify materials
and installations conform to construction documents; prepare daily inspection
reports documenting Contractor construction activities and progress during
field inspection visits; and perform intermittent erosion control inspections.
Consultant assumes 1 inspector half time, 20 per week for 4 months.’
ii. Consultant assumes 34 total hours of over-time for 4 months.
iii. Consultant proposes 1 Project Supervisor (with significant City of Chandler
experience) to provide oversight to the half time inspector at 4 hours per week
for 16 weeks.
B. Task 3.3 Project Closeout
i. Consultant must compile non-conformance list prior to Substantial
Completion; schedule and conduct Substantial Completion inspection;
prepare Substantial Completion punch list generated from Substantial
Completion inspection; track items on punch list and note completed items;
and complete and distribute Substantial Completion certificates.
ii. Consultant must schedule and conduct Final Completion inspection; and
complete and distribute Final Completion certificates.
iii. Consultant must provide all documents in an electronic version that matches
the City’s filing system, so it can be imported into City’s files.
iv. Consultant must participate in a meeting with City staff and Designer to review
request for information log to discuss lessons learned during the course of
construction.
4.
UTILITY COORDINATION
i. Consultant will coordinate with various utility agencies throughout
construction.
3
5.
MATERIALS TESTING
A. Task 5.1 Quality Control (QC) Test Program
i. Consultant must review and verify Contractor’s Quality Control material test
type and frequencies are consistent with City and MAG; review and evaluate
Contractor’s QC test schedule and provide recommendations on acceptance;
and review and evaluate all Contractor sampling, test, and inspection results
for conformance with construction documents.
B. Task 5.2 Quality Assurance (QA) Test Program
i. Consultant must prepare and maintain a materials Quality Assurance plan per
City and MAG.
ii. Consultant must coordinate with Contractor’s testing representative to obtain
required QA tests and sample; complete sampling and compaction testing of
subgrade (including lime-stabilized subgrade base), aggregate base and
asphalt concrete materials in new asphalt concrete pavement areas; complete
sampling and compaction testing of subgrade, aggregate base (where
required) and concrete for new curbs, gutters, sidewalks and concrete
pavement and structures; and complete sampling and compaction testing of
backfill for new irrigation, sewer, water, storm drain pipe, and dry utilities.
6.
RECORD DRAWINGS
A. Task 6.1 Record Drawings
i. Review and monitor Contractor’s weekly updates on redline drawing set.
ASSUMPTION, CLARIFICATIONS, AND EXCLUSIONS
1.
Application fees for City reviews and permits will be paid by CITY.
2.
The Owner’s Allowance will only be utilized with prior written approval from the City
representative.
3.
The Direct Expense Allowance will be used for normal reimbursable expenses on the project.
Items must be billed at cost and backup must be provided with pay applications.
Project Name: Wall Street Improvements
Page B-1
Project No.: CA2202.451
Rev. 1/12/2024
EXHIBIT “B”
COMPENSATION AND FEES
Task
Cost
1
1.1
1,040.00
$
1.2
1,620.00
$
2,660.00
$
2
2.1
9,840.00
$
2.2
1,180.00
$
2.3
9,360.00
$
2.4
8,920.00
$
2.5
4,140.00
$
2.6
4,140.00
$
2.7
2,460.00
$
2.8
2,290.00
$
42,330.00
$
3
3.1
54,065.00
$
3.3
5,650.00
$
59,715.00
$
4
4.1
4,800.00
$
4,800.00
$
Inspection Services
CONSTRUCTION INSPECTION
SUBTOTAL TASK 2:
Utility Coordination
SUBTOTAL TASK 3:
SUBTOTAL TASK 4:
Project Closeout
UTILITY COORDINATION
Description
Requests for Proposal (RFP)
CPM Schedule
Requests for Information (RFI)
Shop Drawing Submittals
Pre-Construction Assistance
Weekly Construction Meetings
PRE-CONSTRUCTION ASSISTANCE
CONSTRUCTION MANAGEMENT
SUBTOTAL TASK 1:
EXHIBIT "B"
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FEE SCHEDULE
Attend the Public Outreach Meeting
Public Outreach
Field Directive (FD)
Contractor Payment Applications
Page 2
5
5.1
2,290.00
$
5.2
2,290.00
$
4,580.00
$
6
6.1
7,350.00
$
7,350.00
$
15,427.00
$
-
$
15,427.00
$
10,000.00
$
10,000.00
$
146,862.00
$
RECORD DRAWINGS
SUBCONSULTANTS
ALLOWANCES
Quality Testing, LLC
Direct Expense Allowance
Record Drawings
Owner's Allowance
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
SUBTOTAL TASK 6:
SUBTOTAL SUBCONSULTANTS:
SUBTOTAL TASK 5:
QA Test Program
QC Test Program
MATERIALS TESTING
Page 3
Project
Manager
Resident
Engineer
Project
Supervisor
Inspector
Inspector-
OT
Brian Lizzet Pat Mahoney
John Helton
Ryan Warling
Ryan
Warling
$ 220.00 $ 185.00 $ 135.00 $ 115.00 $ 172.50 $ - $ -
6
6
0
2
0
0
0
14
1.1 Attend the Pre-construction Assistance
2
2
2
6
1.2 Attend the Public Outreach Meeting
4
4
8
24
174
36
0
0
0
0
234
2.1 Weekly Construction Meetings
8
32
16
56
2.2 CPM Schedule
2
4
6
2.3 Request for Information's (RFI's)
4
40
8
52
2.4 Shop Drawing Submittals
2
40
8
50
2.5 Request for Proposal (RFP)
2
20
22
2.6 Field Directives (FD's)
2
20
22
2.7 Contractor Payment Applications
2
8
4
14
2.8 Public Outreach
2
10
12
5
10
84
344
34
0
0
477
3.1 Inspection Services
64
344
34
442
3.3 Project Closeout
5
10
20
35
5
20
0
0
0
0
0
25
4.1 Utility Coordination
5
20
25
4
20
0
0
0
0
0
24
5.1 Quality Control (QC) Test Program
2
10
12
5.2 Quality Assurance (QA) Test Program
2
10
12
0
20
10
20
0
0
0
50
6.1 Record Drawings
20
10
20
50
44
250
130
366
34
0
0
824
Task 5 Material Testing
Task 6 Record Drawings
Total Hours:
< NAME OF PERSON
Task 1 Pre-construction Assistance
Task 2 Construction Management
Task 3 Construction Inspection
Task 4 Utility Coordination
< PROJECT ROLE
< HOURLY RATES
TASK DESCRIPTION
TOTAL HOURS
PER TASK
PROJECT NAME :
SCOPE OF SERVICES:
LABOR FEES
LABOR
TYPE
REG
HOURS
REGULAR
RATE
ASS'D
% OT
OVERTIME
HOURS
OVERTIME
RATE(1)
EXTENDED
LABOR COST
Direct
7
124.00
$
0%
0
124.00
$
868.00
$
Direct
7
50.00
$
0%
0
50.00
$
350.00
$
Direct
120
75.00
$
0%
0
112.50
$
9,000.00
$
0
-
$
0%
0
-
$
-
$
Indirect
51
-
$
0%
0
-
$
-
$
SUBTOTAL DIRECT LABOR
10,218.00
$
VEHICLE AND PER-DIEM CHARGES
NO.
UNITS
UNITS
UNIT
PRICE
EXTENDED VEHICLE
AND PER-DIEM
30
EA
38.00
$
1,140.00
$
0
-
$
-
$
SUBTOTAL VEHICLE AND PER-DIEM CHARGES
1,140.00
$
OTHER PROJECT DIRECT CHARGES
NO.
UNITS
UNITS
UNIT
PRICE
EXTENDED OTHER
PROJECT CHARGES
-
$
-
$
-
$
-
$
SUBTOTAL OTHER PROJECT DIRECT CHARGES
-
$
LAB TESTING FEES
NO.
UNITS
UNITS
UNIT
PRICE
EXTENDED
LABORATORY FEES
80
EA
18.00
$
1,440.00
$
EA
22.00
$
-
$
EA
22.00
$
-
$
3
EA
85.00
$
255.00
$
3
EA
120.00
$
360.00
$
3
EA
75.00
$
225.00
$
1
EA
699.00
$
699.00
$
2
EA
200.00
$
400.00
$
EA
150.00
$
-
$
2
EA
190.00
$
380.00
$
2
EA
155.00
$
310.00
$
EA
25.00
$
-
$
TOTAL LABORATORY TESTING FEES
4,069.00
$
TOTAL ESTIMATE OF ALL FEES
15,427.00
$
Estimator
PROPOSAL SUMMARY
WALL STREET IMPROVEMENTS
Quality Control Testing
Date
Jaye Richardson, Sr. Project Manager
April 13, 2023
DESCRIPTION
Trip Charge
DESCRIPTION
416 - Sieve Analysis (1/Material Type)
504 - AC Furnace Calibration
505 - AC Content w/ Gradation (1/500 TN)
425 One Dimensional Swell (1/Material Type)
DESCRIPTION
305 - Compressive Strength - Prism (1/100 CY)
306 - Compressive Strength - Cube (1/100 CY)
410 - Atterberg Limits (1/Material Type)
413 - Proctor - Std. Method (1/Material Type)
301 - Compressive Strength - Cylinder (1/100 CY)
509 - Gyratory Bulk Density (1/500 TN)
509 - Maximum Specific Gravity (Rice) (1/500 TN)
501 - AC Core Density (1/1000 TN)
(1) Regular Rate X Overtime Premium of 1.5
CLASSIFICATION
Project Manager
Administrative Assistant
Field Technician
Lab Technician
COST PROPOSAL, 5/3/2023
PROJECT NAME :
DATE:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
M-23
J-23
J-23
A-23
S-23
O-23
N-23
D-23
J-24
F-24
M-24
A-24
M-24
J-24
J-24
A-24
S-24
O-24
N-24
D-24
J-25
F-25
M-25
A-25
22
22
20
23
20
22
21
20
21
20
21
22
22
20
22
22
20
23
19
21
21
19
21
22
0.01
0.01
0.01
0.01
0%
0.01
0.01
0.01
0.01
0%
0.16
0.18
0.18
0.18
0%
0%
0.07
0.07
0.07
0.08
0%
0.02
0.02
0.02
0.02
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.16
0.18
0.18
0.18
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.07
0.07
0.07
0.08
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.25
0.27
0.27
0.28
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
4
4
4
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
1
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
ESTIMATED FTEs IN THE MONTH
TOTAL VEHICLES
14 m-h
m-h
51 m-h
TOTAL ACTUAL POSITIONS
16
9
TOTAL FTEs (SUBCONTRACTED LABOR)
120 m-h
185 m-h
Administrative Assistant
Field Technician
Lab Technician
120 m-h
51 m-h
m-h
120 m-h
m-h
51 m-h
April 13, 2023
PROJECT PERSONNEL /
SUB CONSULTANT MAN-HOURS
7 m-h
Project Manager
7 m-h
m-h
m-h
7 m-h
7 m-h
MAY 2023 through APR 2025
CONSULTANT :
SUBTOTAL
REGULAR
HOURS
%
OT
SUBTOTAL
O/T
TOTAL
WALL STREET IMPROVEMENTS
QT
SCHEDULED PROJECTED MAN-HOURS
TOTAL FTEs (DIRECT LABOR & VEHICLE)
TOTAL FTEs (ALL LABOR CLASSES)
TOTAL FTEs (INDIRECT LABOR ONLY)
TOTAL FTEs (DIRECT LABOR ONLY)
185 m-h
51 m-h
120 m-h
14 m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
4
SCHEDULED PROJECT MAN-HOURS, 5/3/2023
PROJECT NAME :
DATE:
April 13, 2023
CONSULTANT :
WALL STREET IMPROVEMENTS
QT
SCHEDULED PROJECTED MAN-HOURS
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
M-25
J-25
J-25
A-25
S-25
O-25
N-25
D-25
J-26
F-26
M-26
A-26
M-26
J-26
J-26
A-26
S-26
O-26
N-26
D-26
J-27
F-27
M-27
A-27
21
21
22
21
21
23
18
22
20
19
22
22
20
22
22
21
21
22
19
22
19
19
23
22
0%
0%
0%
0%
0%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0%
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTAL VEHICLES
0
ABOVE PERIOD - MONTHLY FULL TIME EQUIV. (FTEs)
ESTIMATED FTEs IN THE MONTH
TOTAL ACTUAL POSITIONS
0
m-h
m-h
m-h
m-h
m-h
m-h
MAY 2025 through APR 2027
SUBTOTAL
REGULAR
HOURS
%
OT
SUBTOTAL
OT HOURS
TOTAL
HOURS
PROJECT PERSONNEL /
SUB CONSULTANT MAN-HOURS
m-h
TOTAL FTEs (ALL LABOR CLASSES)
TOTAL FTEs (INDIRECT LABOR ONLY)
TOTAL FTEs (DIRECT LABOR & VEHICLE)
m-h
m-h
TOTAL FTEs (DIRECT LABOR ONLY)
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
TOTAL FTEs (SUBCONTRACTED LABOR)
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
m-h
SCHEDULED PROJECT MAN-HOURS, 5/3/2023
Project Name: Wall Street Improvements
Page C-1
Project No.: CA2202.451
Rev. 1/12/2024
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: Wall Street Improvements
Page C-2
Project No.: CA2202.451
Rev. 1/12/2024
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: Wall Street Improvements
Page C-3
Project No.: CA2202.451
Rev. 1/12/2024
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: Wall Street Improvements
Page D-1
Project No.: CA2202.451
Rev. 1/12/2024
EXHIBIT “D”
SPECIAL CONDITIONS
N/A
Project Name: Wall Street Improvements
E-1
Project No.: CA2202.451
Rev. 1/12/2024
EXHIBIT “E”
SUBCONSULTANT DOCUMENTS WITH CONSULTANT
Any subconsultant assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the Consultant and their
subconsultants, and do not apply to the Agreement between the Consultant and
the City.
SUB CONSULTANT :
PROJECT NAME :
PROJECT OWNER:
PROJECT NUMBER:
GENERAL INFORMATION / ASSUMPTIONS
BASIS OF ESTIMATE
1
2
3
4
WALL STREET IMPROVEMENTS
City of Chandler
CA2202.401
QT
COST ESTIMATE SUMMARY
ESTIMATE Amount Based on Defined Scope: This cost proposal is considered an initial Time & Materials cost estimate, subject to
the GENERAL INFORMATION/ASSUMPTIONS as defined herein. For the estimate amount, QT will perform the requested Materials
sampling and testing, both field and lab, that is specifically identified this cost estimate.
References that Define Materials Testing Requirements: This cost proposal is based upon the QT's interpretation of sampling and
testing requirements from the supplied plans and specifications. If these interpretations are in error, if they change, or if the client elects
to alter the sampling criteria, QT reserves the right to revise the scope and fee to fit these changes to the assumptions.
Work Outside of Defined Scope: If sampling and testing work is requested by the client that is not already defined in the proposal,
such work will be accommodated; however, compensation for such services shall be in addition to the Estimate amount. QT
encourages client project management to inform job-level project staff that requests for services outside the originally defined scope will
result in additional costs. Once identified, QT management will send client project management a Supplemental Agreement (SA) form,
defining the scope, cost, and description of any requested additional work. Preferably, the requested additional work will not be
performed until after the SA form is signed and returned by client management. However, because requests are often the result of
unplanned events, and in order to not impact the construction schedule, some work may be performed prior to the SA form being
generated and returned. Regardless, by requesting the additional services, and then allowing them to be performed on the project, the
client is accepting the responsibility to pay for the requested services.
Schedule: The estimated amount was developed prior to bid and without the benefit of a detailed project schedule. In order to properly
plan resource utilization after the bid, the client shall provide QT with a detailed base schedule prior to construction. Using this detailed
base schedule, QT can redistribute the pre-bid designated manpower and testing resources in accordance with the actual planned
sequence and duration of scheduled construction activities. This redistribution of resources can be provided to client management for
comment and to further clarify the scope of planned services. Deviation from the base schedule that results in extra field presence,
extra site vists, or extra samples, may be considered extra work.
Invoicing: Invoicing will occur on a 4-week cycle. Each invoice shall include original scope charges that represent an appropriate, and
defined, fraction of the original scope estimate amount. In the event that extra work is requested and provided during the invoicing
period, such services shall be identified separately from the original scope charges on invoices. Additional work shall be calculated
based on the unit prices defined in this cost proposal, or as otherwise superseded in specific Supplemental Agreements.
Assumptions of Production:
We have assumed a total of up to 30 trips (or 120 hours) for materials testing services on this project. This is proposed as an
assumed on-call time and materials basis. Any work or site visits that are outside those specified in the cost breakdown are beyond the
scope of this project and subject to additional charges based on the referenced hourly or unit rates.
Laboratory Facility: This estimate is based upon all laboratory testing being conducted in QT's AASHTO Accredited testing facility.
The QT facility is a full service production laboratory that services numerous project's simultaneously. Efforts are always made to
prioritize samples in accordance with project needs.
Periodic Materials Testing Report Summaries: Reports will be provided on a weekly basis, although test results will be conveyed in
real-time as requested by the Client. Weekly Reports will be submitted to the designated client representative by the week following the
timeframe in which the work was performed. Reports shall show the sampling and testing activities performed by QT during the
reporting period. Reports from non-QT entities (i.e. suppliers, other firms, etc.) will be included if provided by the client. QT utilizes a
sophisticated materials testing information system for managing and reporting on project test information. Reports from this system will
be provided in pdf format for use by the client.
175 South Hamilton Place Build 6 Ste 114 Gilbert AZ 85233 Tel (480)496-2000, Fax (480)496-2001
SUB CONSULTANT :
PROJECT NAME :
PROJECT OWNER:
PROJECT NUMBER:
GENERAL INFORMATION / ASSUMPTIONS
WALL STREET IMPROVEMENTS
City of Chandler
CA2202.401
QT
COST ESTIMATE SUMMARY
LABOR POSITIONS
5
6
7
8
QT CONTINGENCY SERVICES
9
10
11
12
4/13/2023
Date
The hours estimated herein do not include Materials Testing/Inspection activities at fabrication yards or supplier production sites located
off of the project. In addition, non-compliance items and the associated travel, time, and retesting are out of scope and not accounted
for in this estimate. If requested, these services may require additional funding for the associated efforts.
Materials PM/Supervisor - This person will begin immediately upon notice to proceed and will be involved during the entire contract.
This person will be dedicated to managing the day-to-day field and lab materials testing efforts. Initially, this person will work with the
client QC Manager to develop the Materials Testing Plan for the project. Then, this person will ensure that testing frequencies are being
satisfied, that non-conformance issues are being properly addressed and rectified, that both field and lab test data is being properly
reflected in the QT Materials Information Database, that project-specific Periodic Materials Testing Reports are being prepared,
transmitted and supported in a timely and accurate manner, and that both physical and personnel resources are provided to the job as
scheduled and appropriate. This person will also attend and participate in project meetings when requested and will be the focal point for
communication and coordination of materials testing activities between QT and the Client.
QT's intent is to satisfy the project materials testing needs within the regular labor assumptions defined in this cost proposal. Based on
past similarly staffed projects, overtime is typically not intended, but often incurred due to the contractor's work schedule. Overtime
often results from long work days, uncontrollable field delays, weekend and night work, schedule intensity increases, owner agency
mandates, etc.. This cost proposal assumes zero (0) overtime. QT will attempt to accommodate short-term changes, weekend work,
night work, shift irregularity, and other unforeseen labor demands within this assumption. However, testing activities may go beyond the
capacity of the herein stated manpower and testing assumptions. QT will work closely with the client to minimize the additional funding
needed by prioritizing the testing, and adjusting technician schedules on an ongoing, Time & Materials, basis.
Signature
Field Technician(s) - In general, field technician(s) shall be assigned to the project in accordance with the SCHEDULED PROJECT
MAN-HOURS sheet of this cost proposal, or as modified by a post-bid schedule evaluation. The technician(s) will cover the requested
materials sampling and field testing requirements on the project per the scope of the originally defined estimate amount. For most
efficiency and familiarity, the use of a consistent personnel pool is always the objective, but cannot be guaranteed. Technician time is
charged on a portal-to-portal basis and related vehicle charges will apply.
Lab Technician - Lab Technician Indirect hours have been shown on the SCHEDULED PROJECT MAN-HOURS sheet of this cost
proposal for information only. A reasonable, approximate estimate of lab testing quantities is reflected in this cost proposal.
All of the QT positions discussed in the QT SERVICES above are based on an assumption of 0% overtime (i.e. 40 regular hours plus 0
overtime hours per week). Time will be billed as actually worked. Overtime will be considered time in excess of 40 hours in a week, or on
weekends, or in excess of 8 hours in a day, or night shifts.
Name
Reporting Technician - A reporting technician will accumulate and draft weekly reports for the Materials Supervisor to review, evaluate,
finalize, and transmit to the Client in a timely fashion. This allows the Materials Supervisor to focus on report content in lieu of data
input.
Scheduling Cancellation:
For any unforeseen circumstances where a site visit is canceled upon arrival onsite for scheduled activities, the client will be responsible
for all charges associated with travel from portal to portal. These are considered services outside the originally defined materials testing
scope and will result in additional costs.
Jaye Richardson, Sr. Project Manager
175 South Hamilton Place Build 6 Ste 114 Gilbert AZ 85233 Tel (480)496-2000, Fax (480)496-2001
Project Name: Wall Street Improvements
Page F-1
Project No.: CA2202.451
Rev. 1/24/2024
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A