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Project Name: WATER MAIN REPLACEMENT 2022
Page 1
Project No.: WA2203.271
Rev. 1/12/2024
PROFESSIONAL SERVICES AGREEMENT
Post-Design Services
WATER MAIN REPLACEMENT 2022
Project No. WA2203.271
Council Date: April 10, 2025
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2025
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and GHD, Inc., a California 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 Post-Design Services for WATER MAIN
REPLACEMENT 2022 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: Water Main Replacement 2022
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Project No.: WA2203.271
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 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 $257,584 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: Water Main Replacement 2022
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Project No.: WA2203.271
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: Melanie Sikes, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3395 Email: Melanie.Sikes@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: GHD, Inc.
Mailing Address: 3200 E Camelback Rd, Suite 210, Phoenix, AZ 85018
Physical Address: 3200 E Camelback Rd, Suite 210, Phoenix, AZ 85018
Statutory Agent Name: United Agent Group Inc.
Statutory Agent Mailing Address:
3260 N. Hayden Road #210
Scottsdale, AZ 85251
Statutory Agent Physical Address:
3260 N. Hayden Road #210
Scottsdale, AZ 85251
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Bill Roberts
Title:
Project Director
Phone: 602-216-7208
Email:
bill.roberts@ghd.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: Water Main Replacement 2022
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Project No.: WA2203.271
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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.
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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: Water Main Replacement 2022
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Project No.: WA2203.271
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.
Project Name: Water Main Replacement 2022
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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
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: Water Main Replacement 2022
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Project No.: WA2203.271
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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
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and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
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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 – 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.
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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.
Project Name: Water Main Replacement 2022
Page 12
Project No.: WA2203.271
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”
GHD, INC.
Signature
Date
Print Name
Title
Signer Email Address
03-13-2025
William D. Roberts
Project Director
bill.roberts@ghd.com
Project Name: Water Main Replacement 2022
Page A-1
Project No.: WA2203.271
Rev. 1/12/2024
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
A-1
EXHIBIT “A”
POST DESIGN
SCOPE OF SERVICES
WATER MAIN REPLACEMENT 2022
WA2203.271
Project Description
This scope defines Post Design services for the first phase of the Water Main Replacement 2022
(WA2203.271) project, which is located within two residential areas of the City of Chandler. Services
include pre-construction assistance and Engineering Services during Construction to address issues
and/or specialized technical products regarding the designer of record; and preparation of as-built
record drawings.
The entire Project consists of the replacement of existing water mains with new piping that ranges
between 4 and 16 inches in diameter and new water services will be installed on the new mains within
the following areas:
•
Tyson Manor: Replace existing 4, 6, 8, and 12-inch water mains in an area bound by West
Galveston Street, North Evergreen Street, West Flint Street, and North Alma School Road.
•
Sunset Manor: Replace 6 and 8-inch water mains within an area bound by West Erie Street,
North Hartford Street, West Chandler Boulevard and North Evergreen Street.
Construction work for the installation of the first phase is expected to last eight (8) months. GHD
will attend all meetings discussed below and provide construction support services on behalf of the
city. Dibble CM will be providing meeting minutes.
Project Tasks
1.
PRE-CONSTRUCTION ASSISTANCE
Task 1.1 Preconstruction Assistance
i. Consultant will attend the pre-construction meeting.
2.
ENGINEERING DESIGN SERVICES DURING CONSTRUCTION
Task 2.1 Attend Construction Meetings, as needed
i. Consultant will attend construction meetings, as needed. Consultant assumes
attendance of a weekly construction meeting during which all three project
areas will be discussed. The proposed fee includes up to thirty-six (36) weekly
construction meetings across the duration of the project.
ii. It is assumed that half of these meetings will be virtual online meetings. The
city’s CM firm or its Contractor will prepare and distribute minutes for each
meeting.
Task 2.2 Respond to Requests for Information (RFI’s) and Service Pressure
Verification, as needed
i. Consultant will review, evaluate, and respond to any contractor Requests for
Information (RFI’s) forwarded by the CM Firm for design review. If the
Contractor must change the private service size and/or alignment in a
backyard, Consultant can verify the new anticipated pressure at the house
compared to the preconstruction pressure. Consultant assumes twenty (20)
A-2
RFI responses or pressure verifications. RFI responses and pressure
verifications will be provided through emails.
Task 2.3 Issue Engineer’s Supplemental Information (ESI’s), as needed
i. Consultant will issue up to three (3) Engineer’s Supplemental Information
(ESI’s) to the Contractor during construction. The ESI’s will provide direction to
the Contractor and address questions that are discussed in progress
meetings, but not submitted in RFI’s. ESI’s will be provided through email.
Task 2.4 Respond to Shop Drawing Submittals, as needed
i. Consultant will review, evaluate, and respond to Contractor Product and Shop
Drawing submittals forwarded by the CM Firm for design review. Consultant
assumes fifty (50) reviews. Submittals and submittal reviews will be shared
between the CM firm and the Consultant in a PDF format by email.
ii. Submittals will include, but are not limited, to the following:
•
Aggregate Base Course (ABC)
•
Asphalt Mix Designs
•
Slurry Seal
•
Crack Seal
•
Controlled Low Strength Materials (CLSM)
•
Pavement Mixes
•
Pavement Markings
•
Pipe and Fittings
•
Line Stops
•
Polywrap
•
Couplings
•
Bolt Kits, Gaskets, and Isolation Kits
•
Water Service Tubing and Fittings
•
Corp Stops
•
Curb Stops
•
Concrete Mix Design
•
Valves
•
Air Release/Combination Valves
•
Valve Box and Cover
•
Fire Hydrants
•
Meter Boxes and Covers
•
Pressure Testing and Disinfection Plans
Task 2.5 Public Outreach
i. The Consultant’s subconsultant will provide public outreach services that will
include: create and maintain project website; maintain a 24-hour bilingual
project hotline to respond to inquiries, complaints and maintain a call log;
public weekly email updates; public interactions with property owners as a
liaison between property owners and the city; coordination meetings; project
A-3
meetings; public meeting coordination; and creation and printing of
doorhangers.
ii. The Consultant will process subconsultant contacts, invoices, and insurance
forms and coordinate with the subconsultant on these items throughout the
project. The Consultant will also correspond via email and telephone with the
subconsultant regarding public outreach for the project.
iii. GHD’s effort on this task is limited to establishing a contract with the
subconsultant and processing subconsultant invoices. The subconsultant’s
efforts are included in the Allowances.
iv. The duration of the public outreach subconsultant’s efforts is expected to be
eleven (11) months, which is longer than the Consultant’s work, because they
may start before construction starts.
Task 2.6 Project Closeout
i. Consultant will participate in a lessons learned meeting. It is assumed that the
meeting will be a virtual online meeting.
Task 2.7 Project Management
i. Consultant will perform budget monitoring. The design budget status will be
updated with each monthly invoice for the City. This report will be part of an
overall summary table that outlines the project status, remaining budget, and
invoice/contract notes. The invoicing spreadsheet will include first tier Task
summaries (Task 1, 2, 3, etc.). Second tier tasks (1.1, 1.2, etc,) will be excluded.
Each summary will breakdown the invoice amount and task by percent
complete.
Task 2.8 Site Visits
i. The Consultant will provide limited observations of the project’s construction
through field visits to the site to determine if the improvements are being
installed in compliance with the contract documents, address requests for
information (RFIs), and as requested by the Owner or the Owner’s
Construction Manager. The Consultant will provide up to six (6) site
observations during construction. Complete field inspection or the daily
presence of an inspector who approves or directs the Contractor’s work is
not provided under this scope. Field reports will not be prepared unless non-
compliance is witnessed in which case it will be reported to the Owner and
Owner’s Construction Manager by e-mail.
ii. The six visits included in this Task may also be used for visiting homeowners
at the City’s request.
3.
RECORD DRAWINGS
Task 3.1 Record Drawings
i. Transfer CM@Risk redline comments from the Contractor’s working drawings
to create record drawings. It is assumed that the Contractor will provide
GIS/GPS points and redlines monthly. Consultant will incorporate Contractor
as-builts, GIS/GPS points, and field measurements into AutoCAD monthly. At
the end of the project, the Consultant will produce a final record plan set,
sealed by a Registered Engineer in the State of Arizona.
ii. The Contractor will issue complete as-builts at the end of the project that are
a combination of the working drawings and GIS/GPS shots that are shared with
the Consultant monthly throughout the project’s installation. The data and
A-4
redlines on the as-builts will match the month data shared. The as-builts will
be prepared and sealed by a registered land surveyor, who will locate the new
fittings, valves, and pipe deflections in the field throughout construction. When
as-built conditions vary significantly from the original design, the Consultant
will redraw the original CAD line work for the record drawings. The CAD line
work for the object or improvements will not be redrawn to match the as-built
dimension unless the waterline installation deviated greater than 18 inches
(1.5’) horizontally from its original alignment. Vertical deviations greater than
6 inches (0.5’) at crossings or features such as valves or fittings will be redrawn.
iii. The Consultant will provide resident engineer stamp/certification on the
record drawings cover sheet and verify all required signatures on the cover
sheet.
iv. Provide and deliver record drawings in digital pdf format to the city as required
for the submittal process to Development Services within 30 days of receiving
complete final contractor as-builts. Since the linework as-builts, GIS/GPS
points, and field measurements will be provided by the Contractor monthly,
the Consultant will update the AutoCAD linework monthly.
v. The Contractor will submit the same monthly GPS/GIS and redline data to the
city. The city GIS department will draw in the new linework and populate its
GIS data.
Task 3.2 Approval of Construction (AOC)
i. Consultant must complete Approval of Construction (AOC) applications and
submit to MCESD for approval. The disinfection of the proposed waterlines
and their Pressure and BACT testing will be observed by the Owner’s
Construction Manager and provided to the Consultant.
4.
PLAN EDITS AND PERMITTING
Task 4.1 Phased Plans
i. Consultant will edit the current right of way plan set to create two sets of plans.
The first plan set will include all the proposed improvements east of Alma
School Road and Alma School Road. The second plan set will include the
proposed improvements in Arrowhead Meadows and to the west of Alma
School Road.
Task 4.2 Plan Revisions Based on CMAR Field Investigation
i. Based on the CMAR’s recent field investigations, the horizontal and vertical
alignments of the proposed waterlines that pass through the intersection of
Alma School Road and Erie Street will be revised to avoid an existing irrigation
line. The Consultant will update sheets W22 and W30 to reflect that revision.
Task 4.3 Additional Utility Edits (Allowance)
i. If the CMAR’s field investigations discover an additional utility conflict with the
proposed waterline, the horizontal and vertical alignments of that waterline
will be revised to avoid the existing utility. The Consultant will revise two plan
and profile sheets to reflect this potential revision.
Task 4.4 New Approval to Construct through Maricopa County (Allowance)
i. If required, the Consultant will prepare and submit two new County
applications for Approvals to Construct for the two new right of way plan sets.
A-5
It is assumed that new city permits and submittals will not be required. The
County permitting effort will include the following:
•
New applications and coordination with the city on signatures.
•
New brief design reports
•
Online submittals
•
Address one round of County comments on each plan set
•
Expedited review fees
ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS
1.
The proposed post design services are limited to the first phase of the project. Services for
the second phase will be performed under a separate contract.
2.
Application fees for city reviews and permits will be paid by city.
3.
The Owner’s, Utility Conflict, and County Permitting Allowances will only be utilized with prior
written approval from the city representative.
4.
Background checks are required for all individuals working on this project.
5.
Maintenance of Plant Operation (MOPO) plan preparation is excluded from this scope but
the Consultant will review plans prepared by the contractor if requested by the Owner.
6.
Stormwater Pollution Prevention Plan (SWPPP) or erosion control plans are excluded from
this scope.
7.
Utility potholing or designation during construction is excluded from this scope.
8.
Geotechnical engineering services during construction are excluded from this scope.
9.
Material testing and exploration is excluded from this scope.
10.
Field as-built measurements is excluded from this scope.
11.
Any other service not specifically identified in the scope of work is excluded from this scope.
Project Name: Water Main Replacement 2022
Page B-1
Project No.: WA2203.271
Rev. 1/12/2024
EXHIBIT “B”
COMPENSATION AND FEES
Task
Cost
1
PRE-CONSTRUCTION ASSISTANCE
1.1
1,305.00
$
1,305.00
$
2
CONSTRUCTION MANAGEMENT
2.1
31,320.00
$
2.2
22,250.00
$
2.3
9,330.00
$
2.4
30,515.00
$
2.5
4,550.00
$
2.6
1,305.00
$
2.7
5,750.00
$
2.8
6,960.00
$
111,980.00
$
3
RECORD DRAWINGS
3.1
39,740.00
$
3.2
1,265.00
$
41,005.00
$
4
PLAN EDITS AND PERMITTING
4.1
34,260.00
$
4.2
5,090.00
$
4.3
5,090.00
$
4.4
11,490.00
$
55,930.00
$
SUBCONSULTANTS
21,700.00
$
21,700.00
$
ALLOWANCES
1,500.00
$
4,800.00
$
19,364.00
$
25,664.00
$
257,584.00
$
Approval of Construction (AOC)
WATER MAIN REPLACEMENT 2022 (WA2203.271)
Direct Expense Allowance
SUBTOTAL TASK 1:
SUBTOTAL TASK 2:
Record Drawings
Pre-Construction Assistance
Weekly Construction Meetings (36)
Requests for Information or Pressure Verifications (20)
Submittal Reviews (50)
Engineer's Supplemental Information (3)
Public Outreach (See subconsultants)
Project Closeout
Owner's Allowance (10% of GHD Effort)
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
SUBTOTAL TASK 3:
SUBTOTAL SUBCONSULTANTS:
MakPro
Phased Plans
Plans Revisions based on CMAR field Investigation - Alma School and Erie
SUBTOTAL TASK 3:
Additional Utility Edits (Allowance)
New Approval to Construct (Allowance)
County Permit Fee Allowance
Description
EXHIBIT "B-1"
POST DESIGN
SCOPE OF SERVICES
FEE SCHEDULE (NOT TO EXCEED)
Site Visits
Project Management
Engr.
Manager
PM
Engr.
Tech
Sr. Dgnr./
Surveyor
CAD Tech
Admin
Bill
Roberts
James
Fletcher
Jesse Vasquez,
Damian De La Torre,
Omar Ameziane,
Michael Larson
Ryan Smith, Aaron
Foscato
Steven Toft, Paulina
Esquer, Odie Malko
Tammie
Castillo
$ 245.00 $ 190.00 $ 160.00 $ 160.00 $ 150.00 $ 100.00
3
3
0
0
0
0
6
1.1 Pre-Construction Meeting
3
3
6
126
176
177
64
9
8
560
2.1 Construction Meetings (18 virtual, 18 in person)
72
72
144
2.2 RFI's or Pressure Verifications (20)
10
20
60
40
130
2.3 ESI's (3)
6
6
18
24
54
2.4 Submittal Reviews (50)
25
45
99
169
2.5 Public Outreach (See allowances)
6
12
8
26
2.6 Project Closeout
3
3
6
2.7 Project Management
4
18
9
31
2.8 Site Visits
16
16
32
12
32
0
192
0
0
236
3.1 Record Drawings
12
32
192
236
3.2 Approval of Construction (AOC)
1
2
4
7
20
40
16
120
0
0
196
4.1 Phased Plans
20
40
16
120
196
4.2 Alma School and Erie
2
4
24
30
4.3 Additional Utility Edits (Allowance)
2
4
24
30
4.4 Approval to Construct (Allowance)
2
4
32
32
70
5.1 Owner's Allowances (See Exhibit B-1)
5.2 Public Outreach (See attached sub proposal)
Task 1.0 Pre-Construction Assistance
Task 2.0 Engineering Design Services During Construction
Task 3.0 Record Drawings
Task 5.0 Allowances
EXHIBIT "B-2"
Hours and Rates
TASK DESCRIPTION
TOTAL HOURS
PER TASK
Task 4.0 Plan Edits and Permitting
Project Name: Water Main Replacement 2022
Page C-1
Project No.: WA2203.271
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: Water Main Replacement 2022
Page C-2
Project No.: WA2203.271
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: Water Main Replacement 2022
Page C-3
Project No.: WA2203.271
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: Water Main Replacement 2022
Page D-1
Project No.: WA2203.271
Rev. 1/12/2024
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.
1. Consultant and Subconsultant Worker Background Screening. Consultant agrees that
all contract workers and subconsultants (collectively "Contract Worker(s)") that Consultant
furnishes to City under this Agreement will be subject to background and security checks
and screening as set forth in this Section (collectively "Background Screening") at
Consultant’s sole cost and expense. As part of the Background Screening, Consultant must
provide to a person designated by the City the name(s), address(es), and phone number(s)
of all Contract Workers who will provide any services under this Agreement. All Contract
Workers must comply with these Background Screening requirements. All Contract
Workers must be able to provide proof of the legal right to work in the United States. The
Background Screening provided by Consultant must comply with all applicable laws, rules,
and regulations. Consultant further agrees that the Background Screening required in this
Section is necessary to preserve and protect public health, safety, and welfare. The
Background Screening requirements set forth in this Section are the minimum
requirements for this Agreement. City in no way warrants that these minimum
requirements are sufficient to protect Consultant from any liabilities that may arise out of
Consultant’s services under this Agreement or Consultant’s failure to comply with this
Project Name: Water Main Replacement 2022
Page D-2
Project No.: WA2203.271
Rev. 1/12/2024
Section. Therefore, in addition to the specific measures set forth below, Consultant and
its Contract Workers must take such other reasonable, prudent, and necessary measures
to further preserve and protect public health, safety, and welfare when providing services
under this Agreement.
2. Background Screening Requirements and Criteria. Before offering or scheduling any
services under this Agreement, Consultant agrees that all Contract Workers, including the
Consultant, if the Consultant is an individual or sole proprietorship, must have
successfully passed a Background Screening in accordance with this Section. Consultant
warrants that no person will be permitted to substitute for a Contract Worker who has
satisfied the Background Screening requirements until the proposed substitute has also
satisfied the Background Screening requirements in this Section. For review and approval,
Consultant must submit to a person designated by the City proof of a completed
Background Screening for each Contract Worker over the age of 18 performing services
under this Agreement no fewer than two (2) weeks before the proposed start date of such
Contract Worker’s services. The Background Screening must have been completed within
the 12-month period preceding the Contract Worker’s start date under this Agreement
and must include the results of a social security (SSN) trace, a national criminal databased
check with source verification, and a sex offender database search.
3. Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City
reserves the rights but not the obligations to: (1) have a Contract Worker be required to
provide fingerprints and execute such other documentation as may be necessary to
obtain criminal justice information pursuant to A.R.S. § 41-1750(G) (4) or Chandler City
Code § 4-22; (2) act on newly acquired information whether or not such information
should have been previously discovered; (3) unilaterally change its standards and criteria
relative to the acceptability of Contract Workers; and (4) object, at any time and for any
reason, to a Contract Worker performing work (including supervision and oversight) under
this Agreement.
4. Consultant Certification. By executing this Agreement, Consultant certifies that
Consultant has read and understands the Background Screening requirements and
criteria in this Section and will fully comply with such requirements. Consultant further
certifies that any Background Screening information to be furnished to City related to
Consultant or its Contract Workers will be complete, current, and accurate. A Contract
Worker rejected for work under this Agreement will not be proposed to perform work
under other City contracts or engagements without City's prior written approval.
5. Terms of This Section Applicable to all of Consultant’s Contracts and Subcontracts.
Consultant must include the terms of this Section for Contract Worker Background
Screening in all contracts and subcontracts for services furnished under this Agreement
including, but not limited to, supervision and oversight services.
6. Materiality of Background Screening Requirements: Indemnity. The Background
Screening requirements of this Section are material to City's entry into this Agreement
and any breach of this Section by Consultant will be deemed a material breach of this
Agreement. In addition to the indemnity provisions set forth in this Agreement, Consultant
Project Name: Water Main Replacement 2022
Page D-3
Project No.: WA2203.271
Rev. 1/12/2024
must defend, indemnify, and hold harmless City for any and all Claims arising out of this
Background Screening Section including, but not limited to, the disqualification of a
Contract Worker by Consultant or City for failure to satisfy this Section.
Continuing Duty, Audit. Consultant’s obligations and requirements that Contract Workers
satisfy this Background Screening Section will continue throughout the entire term of this
Agreement. Consultant must notify City immediately of any change to a Background
Screening of a Contract Worker previously accepted by City. Consultant must maintain all
records and documents related to all Background Screenings and City reserves the right to
audit Consultant’s compliance with this Section under the terms of this Agreement.
Project Name: Water Main Replacement 2022
E-1
Project No.: WA2203.271
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.
MakPro Services, LLC
2036 N. Gentry • Mesa, AZ 85213
Office: 480-890-1927
Email: teresa@makprosvc.com
August 30, 2024
Mr. Seth Morales
GHD
4747 N. 22nd Street, Suite 200
Phoenix, AZ 85016
Dear Seth:
MakPro Services, LLC (MakPro) is pleased to provide the following proposal for public outreach
services during construction for Chandler’s Tyson & Sunset Manor Water Main Replacements
Project. Public outreach is an important element in projects that take place near and on private
property and residences, and provides a link between the project and the community it impacts.
This project includes relocating waterline from the alley behind the residences to the street in
front of the residences, and construction is expected to begin in early 2025 and take
approximately 11 months to complete. This scope of work is based on the information you
provided, and our previous experience with you and Chandler during the design of this project.
As part of this effort, MakPro proposes to:
•
Develop an initial pre-construction notification to inform those impacted by the work of the
upcoming construction and up to 1 more mailer, should that be needed, for a construction
update to the neighborhood. (8 hrs + $2,000 print/post + $500 allowance for doorhanger
printing)
•
Maintain the existing project webpage on chandleraz.gov with current project information
during construction. (8 hrs)
•
Maintain a 24-hour bilingual project hotline to respond to inquiries, complaints and maintain
a call log (12 months @ $300/mo + 16 hrs)
•
Provide regular e-updates to inform residents of the project schedule and impacts on a
regular basis, and updating the web to correlate with this information. (24 hrs)
•
Community contact to respond to or coordinate with the team on inquiries or address
issues, as needed. (30 hrs)
•
Attend weekly progress meetings (44 hrs)
The total cost for the public outreach services as identified above should not exceed
$21,700.00. This cost estimate assumes a labor rate of $120/hour for principal and
$100/hour for associate hours. The project hotline is billed at $300/mo for availability 24/7,
and progress meetings have a one-hour minimum. This estimate incorporates efficiencies
from one task/activity to another, so removal of an activity may require an adjustment of
hours in other activities.
Mr. Seth Morales, GHD
August 30, 2024
Public Outreach Services – Chandler’s Tyson & Sunset Manor Water Main Replacements Project
Reimbursable expenses for this project have been estimated, based on previous
notifications during design; however, should the boundary be expanded or method of
distribution more costly, this estimate may need to be adjusted accordingly for current
postage and printing/distribution costs.
This proposal assumes any displays, exhibits, engineering designs or details, required for
public information will be provided by the City of Chandler, GHD, or the contractor for the
project. MakPro Services is not responsible for project signage or traffic signage. MakPro is
also not responsible for documenting existing property conditions, tracking or confirming
residential property agreements, project signage, traffic signage, or direct door hanger
notifications for residential service interruptions, such as water outages, or access/driveway
restrictions as required for the contractor’s work. An allowance has been provided to assist
the contractor in notifications by providing door hangers for their distribution. Changes of
substance to this proposal during the project may affect the final cost.
Thank you for the opportunity to continue our work with you and the City of Chandler ont
this project. Should you have questions, need additional information, or wish to customize
this proposal in some other way, please feel free to contact me at (480) 890-1927.
Sincerely,
Teresa Makinen
Project Name: Water Main Replacement 2022
Page F-1
Project No.: WA2203.271
Rev. 1/24/2024
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A