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Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page 1
PROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION MANAGEMENT SERVICES
101/202 REDUNDANT 66-INCH SEWER LINE
PROJECT NO. WW2402.451
Council Date: September 18, 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 Wilson Engineers, LLC, an Arizona limited liability company, ("Consultant") (City and
Consultant may individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide construction management services for
101/202 Redundant 66-inch Sewer Line project (“Project”) as more fully described in Exhibit "A"
(“Services”), 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.
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Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
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SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 640
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 $2,414,865 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:
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
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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: Raymond Potts, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3326
Email: Raymond.Potts@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Wilson Engineers, LLC
Mailing Address:
1620 W. Fountainhead Parkway, Suite 501
Tempe, AZ 85282
Physical Address: 1620 W. Fountainhead Parkway, Suite 501
Tempe, AZ 85282
Statutory Agent Name: Corporation Service Company
Statutory Agent Mailing Address:
7955 South Priest Drive, Suite 102
Tempe, Arizona 85284
Statutory Agent Physical Address: 7955 South Priest Drive, Suite 102
Tempe, Arizona 85284
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Steve Todd
Title:
Principal
Phone:
480-893-8860
Email:
Steve.Todd@wilson-engineers.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final 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
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
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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.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
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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.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
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Project No.: WW2402.451
Rev. 1/12/2024
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5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
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.
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Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
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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
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
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every provision.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
Agreement with City, Consultant must first notify City as set forth in this Section of the request
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
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
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Project No.: WW2402.451
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subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
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
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
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contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – 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.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
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Project No.: WW2402.451
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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.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page 12
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”
WILSON ENGINEERS, LLC
Signature
Date
Print Name
Title
Signer Email Address
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
steve.todd@wilson-engineers.com
Stephen Todd
Principal
August 13, 2025
August 13, 2025
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page A-1
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
1
EXHIBIT “A”
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
WW2402.451 - 101/202 Redundant 66-inch Sewer Line
(NOT TO EXCEED)
PROJECT DESCRIPTION
Construction Management (CM) Services which include Post-Design Services for the redundant 66-
inch diameter gravity sewer line segment and steel casing for protection under the Loop 202 Santan
Freeway and sewer rehabilitation of 66-inch, 48-inch, and 30-inch diameter gravity sewers. Services
included will be pre-construction assistance and additional design, Construction Management and
Inspection, and Engineering Support Services during construction to address issues and/or
specialized technical products and preparation of as-built record drawings.
PROJECT TASKS
1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Preconstruction Assistance
i. Cost Model and GMP Review
1. Review of 90% cost model, GMP proposal, provide necessary comments
to third party estimator.
2. Attendance at cost model discussions
3. Statement of Qualifications review and evaluation for boring services
subcontractor
ii. Consultant must attend the pre-construction meeting.
1. Attendance at the pre-construction meeting
B. Task 1.2 Supplementary Survey and Pecos Diversion Structure Rehabilitation
i. Wilson Engineers will prepare design drawings and specifications related to
the rehabilitation of the Pecos Diversion Structure, which was not included in
the Design Services contract. Survey efforts are related to confirming existing
manhole inlet and outlet elevations as well as identifying proposed sewer
locations on the north and south sides of the freeway. Services that are
provided by 3rd party surveying company are included in allowances. Design
details and related services will include the following:
1. Site investigation to review the current configuration of the gates and
electrical actuators that are to be replaced at the Pecos Diversion
Structure.
2. Prepare design drawings for replacement of the slide gates and
actuators on the 48” and 30” diameter Sanitary Sewer at the Pecos
Diversion Structure. Drawings to include plan and sections of the
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
2
diversion structure, coating additions, and electrical, instrumentation
and control drawings (as required).
3. Prepare preliminary plan and section drawings for the addition of a 30”
diameter overflow line and manhole. The manhole addition will be
provided as part of the final design documents. The final design will
not include the addition of the overflow line.
4. Prepare details for the addition of an anti-climb device at the diversion
structure site.
2.
CONSTRUCTION MANAGEMENT
A. Task 2.1 Weekly Construction Meetings
i.
Wilson Engineers will prepare and 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. Wilson assumes 80 weekly meetings will be
held.
ii.
Additional meetings to include:
1. Project coordination and controls meeting to set up protocols for
documentation
2. Coordination meetings with the city as appropriate
3. Coordination with regulatory and approving agencies
B. Task 2.2 CPM Schedule
i.
Wilson Engineers’ opinions concerning various scheduling documents
produced or used by the Contractor are for information and not controlling on
the Contractor. It is Contractor’s responsibility to continue to exercise its
independent judgement concerning means, methods and sequences of
construction it employs. The Contractor remains solely responsible for
meeting contract time(s) identified in the construction documents.
ii.
Wilson Engineers must review and evaluate Contractor’s initial CPM schedule
and provide recommendations for acceptance.
iii.
Wilson Engineers 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
assumed 18 CPM schedules. Wilson Engineers will provide support as
requested. Wilson Engineers will meet monthly with the city and Contractor
to review the schedule data.
iv.
Wilson Engineers will review look-ahead schedules provided by Contractor for
weekly progress meetings for compliance with CPM schedule (80 total).
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
3
C. Task 2.3 Requests for Information (RFI’s)
i.
Wilson Engineers must review, prepare and maintain a log of all RFI’s, as
needed.
ii.
Wilson Engineers must receive, review, evaluate, and respond to any
contractor Requests for Information (RFI’s); prepare and maintain a log of all
RFIs. Consultant assumes fifty (50) RFIs.
D. Task 2.4 Shop Drawing Submittals
i.
Wilson Engineers will review and prepare and maintain a log of all shop
drawing submittals showing dates of submittal, transmittal action to other
sub-consultants, dates of return, and review action. Copies of the log are for
internal management of documentation and may be furnished to the city and
Contractor weekly to ensure records for all parties are consistent.
ii.
Wilson Engineers must receive, review, evaluate, and respond to any
Contractor Shop Drawing submittals, samples, test results, and other data
which Contractor is required to submit. Consultant assumes seventy (70)
submittals, with 50% requiring re-submittal and a second review, for a total of
105 submittals.
E. Task 2.5 Requests for Proposal (RFP)
i.
Wilson Engineers must prepare Requests for Proposal (RFP) documents
detailing requested additional work tasks; review and evaluate Contractor RFP
responses (cost derivation) with approval recommendations; and prepare and
maintain a log of all RFPs. Consultant assumes 15 RFPs.
F.
Task 2.6 Field Directives (FD’s)
i.
Wilson Engineers 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 log of all FDs.
Consultant assumes 15 FD’s.
G. Task 2.7 Contractor Payment Applications
i.
Wilson Engineers will review and provide comments for the preliminary and
final schedule of values (SOV) submitted by the Contractor for compliance with
the contract documents and to ensure it includes an appropriate amount of
detail to be used for monthly billing purposes.
ii.
Wilson Engineers must review and evaluate Contractor monthly payment
applications and make recommendations 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 a maximum of 18 payment
applications, with 2 reviews each.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
4
H. Task 2.8 Manufacturer Operation and Maintenance Manuals
i. Wilson Engineers will review, evaluate, and respond to any Operation and
Maintenance Manuals submitted by the Contractor. It is expected that the
Contractor will furnish manufacturer’s manuals for stop logs, lifting beam
assembly, and davit crane prior to installation of the respective equipment. A
list of manufacturer operation and maintenance manuals will be maintained
by the ENGINEER as the information is submitted by the Contractor.
1. Consultant assumes three (3) O&M’s will be required
3.
CONSTRUCTION INSPECTION
A. Task 3.1 Inspection Services (Wilson staff)
i. The Wilson construction management staff will maintain a presence at the
Project site with sufficient frequency to be knowledgeable about the progress
and quality of the work to:
A) Conduct on-site inspections of the work in progress to assist the
engineer in determining if the work is proceeding in accordance with
the construction documents and that completed work conforms to the
construction documents.
B) Report to the engineer and City of Chandler Construction Manager
whenever it is believed that any work is unsatisfactory, faulty, or
defective, or does not conform to the construction documents, or does
not meet the requirements of inspections, tests or approval required
to be made, or has been damaged prior to final payment; and advise
the engineer when it is believed work should be corrected or rejected
or should be uncovered for inspection, or requires special testing,
inspection or approval.
C) Verify that tests, equipment, and systems start-up and operating and
maintenance instructions are conducted as required by the
construction documents and in the presence of the required
personnel, and that Contractor maintains adequate records thereof;
inspect, record and report to the engineer appropriate details relative
to the test procedures and start-ups. Accompany visiting inspectors
representing public or other agencies having jurisdiction over the
Project, record the outcome of these inspections, and report to the
engineer.
D) Coordinate with subconsultant for NACE inspections required to be
performed on coatings for manholes, junction structures, and any
miscellaneous areas required coatings.
E) Prepare daily reports recording Contractor’s work performed on the
job site. Daily reports to include information such as photos of the
work, general weather conditions, location and description of work
being performed, approximate quantities completed, a list of
Contractor’s daily workforce onsite, subcontractors on site, major
construction equipment observed to be on site, data relative to
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
5
questions of extras or deductions, list of visiting officials and
representatives
of
manufacturers,
fabricators,
suppliers
and
distributors, decisions, inspections in general, and specific inspections
in detail as to inspecting test procedures.
ii. Wilson Engineers must provide construction inspections 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.
1. Consultant assumes 1 civil inspector full time 50 hours per week for 18
months. Additional CM and design staff will be provided to support
inspection needs as required.
iii. Wilson Engineers will provide special inspections as required for structural
work performed on the project. Inspections and structural observations will
be in accordance with the International Building Code (IBC). Certified Welding
Inspections (CWI) will be provided in accordance with American Welding
Society (AWS)
1. Consultant assumes 1 special structural special inspector part time for
4 months.
iv. Wilson Engineers will perform inspections and observe CIPP lining operation
to include preparatory work, verify proper materials, observe installation
process to verify adherence to manufacturer guidelines, inspect integrity and
uniformity of the lining.
1. Consultant assumes 1 NASSCO certified CIPP lining inspector full time
50 hours per week for 4 months. Additional CM and design staff will be
provided to support CIPP lining inspection needs as required.
v. Overtime, standard rate, 1½ time, etc. included for weekend/night work.
vi. Landscape/Irrigation inspection services included here. (South side trees)
B. Task 3.2 Jack & Bore Inspection Services (Wilson staff)
i. It is anticipated that TBM will be utilized for the jack and bore to accomplish
the scope and is dependent on the selected subcontractor. Depending on the
Acceptance of the Jack & Bore procedures, there are items that will need to be
verified throughout the process:
1. Layout and verification of the Jack & Bore pits locations based on the
approved method and design drawings.
2. Observations of the bore progress for alignment and grade will need to
be performed to confirm that all existing utilities are not being
jeopardized due to creep during the Jack & Bore progress.
3. Inspections for all field welding of casing pipe sections prior to jacking
that section of pipe. Confirm that welders have proper certifications
and procedures for casing pipe welding.
4. Once Jack & Bore is complete, all final verifications of the casing
alignment and grade will be confirmed and documented prior to carrier
pipe being installed.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
6
5. Observation of carrier pipe installation to confirm all skids/supports are
installed correctly and not damaged during installation into casing.
6. Witness and document all final pressure/vacuum testing on the carrier
pipe.
7. Witness and document bulkhead installations to confirm it adheres to
approved standards.
8. Witness and document all annular space void filling and confirm that
all void areas have been filled per the approved project documents.
9. Daily Reports will be provided when Jack & Bore inspection services
are performed.
ii. Wilson assumes 1 Jack and Bore special inspector full time for 24 weeks.
Additional CM and design staff will be provided to support Jack and Bore
inspection needs as required.
C. Task 3.3 FRP Inspection Services (Wilson staff)
i. Perform inspections on manholes that are to be FRP lined.
1. Perform pre-installation review and visual inspection to verify all
preparatory work meets specified standards.
2. Ensure that FRP coatings comply with project specifications and quality
requirements.
3. Observe FRP application process and testing performed by Contractor
in accordance with the specifications and to confirm adherence to
manufacture guidelines. Provide daily reports when FRP lining is
inspected.
4. Coordinate with NACE III subconsultant for additional inspections as
necessary.
ii. Wilson assumes 1 FRP lining inspector part time for 16 weeks.
D. Task 3.4 Project Closeout
i. Wilson Engineers 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. Wilson Engineers must schedule and conduct Final Completion inspection;
and complete and distribute Final Completion certificates.
iii. Wilson Engineers must provide all documents in an electronic version that
matches the city’s filing system, so it can be imported into city’s files.
1. The project documents shall include, but is not all inclusive, the
following documents, organized by folders on approved electronic
media:
a. General Correspondence
b. Test Results
i. Equipment (pumps, motors, etc.)
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
7
ii. Electrical/I&C
iii. Bacteriological
iv. Asphalt
v. Concrete
vi. Compaction
vii. Pressure
viii. Leak
ix. Continuity
x. Adhesion/Bond
xi. Coating Thickness
c. Field Directives (FD)
d. Change Orders
e. Approved Submittals and Final Shop Drawings
f. RFIs
g. Green Tags/Permits/ATC/AOC
h. Photos
i.
Pre and post inspection video
j.
Schedules
k. Public Outreach
l.
Warranties
m. Operation and Maintenance Manuals
n. Daily Reports
o. Meeting Minutes
iv. Wilson Engineers must participate in a meeting with city staff to review request
for information log to discuss lessons learned during construction.
4.
UTILITY COORDINATION
A. Task 4.1 Utility Coordination
i. Wilson Engineers must complete the Approval of Construction (AOC)
application and all other necessary documents to obtain MCESD AOC
approval.
ii. Wilson Engineers must coordinate with Utility companies (ADOT and SRP)
during construction. Wilson will also coordinate with and assist Public
Outreach firm to keep utility stakeholders informed of the project status.
5.
MATERIALS TESTING
A. Task 5.1 Verify Quality Control (QC) Test Program
i. Wilson Engineers must review and verify Contractor’s Quality Control material
test type and frequencies to ensure they are consistent with city and MAG
specifications; 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. Testing will be performed as follows:
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
8
1. Soils Testing
2. Concrete placements
3. Manhole Testing
4. Additional Testing (as required)
6.
RECORD DRAWINGS
A. Task 6.1 Record Drawings
i. Wilson Engineers must review and monitor Contractor’s updates on red line
drawing set. Wilson Engineers will meet monthly with the CMAR Contractor.
ii. Wilson Engineers must transfer red-line comments to city’s construction plans
to create record drawings.
iii. Wilson Engineers must provide resident engineer stamp/certification on record
drawings sheets. Ensure all required signatures on the cover sheet.
iv. Wilson Engineers must provide and deliver record drawings in digital pdf format
to the city’s construction manager as required for as-built submittal process 30
days after the contractor provides final approved redline drawing documents
and information.
v. Record drawings will be provided in CADD and pdf format.
1. One 11 x 17 hard copy of drawings
7.
ASSET MANAGEMENT UPDATE
A. Task 7.1 Update Asset Spreadsheet
Wilson will prepare an Excel file as-built spreadsheet showing pipes and
manholes rehabilitated, including EID and rehabilitation completed during
construction and provide a copy to the city’s construction manager 30 days after
substantial completion.
8.
ALLOWANCES:
Allowance No. 1 - NACE III Coatings Inspections (RFI Consultants)
Wilson Engineers will retain a NACE Coatings Inspection firm to provide 3rd Party
inspection of coatings for manholes, concrete junction structures, and miscellaneous
areas requiring coatings as needed.
Allowance No. 2 - Reimbursables
Reimbursable expenses have been identified for this assignment as follows:
1. Mail and Courier
2. Reproduction
3. Scanning/Digitizing
4. Special Meeting/Presentation
5. Survey Subconsultant invoices
Allowance No. 3 – Owner’s Allowance
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
9
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.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page B-1
EXHIBIT “B”
COMPENSATION AND FEES
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
TASK
Phil
Noonan
David
Markert /
Dave Corrie /
Jaco Kruger
Chris Yarn
Jeff
Johannes
Harsha
Sharma
Santos
Reyes /
Megan
South /
Preston Lohr
Kristen
Bowers/ Paul
Cooper /
Amelia Fuller
Kam
Casey /
Amber
Andrade
Brandy
Nixon
No.
$280
$260
$240
$225
$200
$160
$160
$135
$115
TASK DESCRIPTION
1.0 Preconstruction Assistance
4
20
4
60
90
56
8
62
0
1.1
Preconstruction Assistance
2
16
4
60
6
4
8
0
0
100
1.2
Supplementary Survey / Pecos Diversion Structure Rehab Design
2
4
0
0
84
52
0
62
0
204
2.0 Construction Management
78
246
160
739
493
589
100
46
170
2.1
Conduct Construction Meetings
32
170
98
348
198
96
20
0
0
962
2.2
Review Contractors CPM Schedule, Updates, Look Ahead
4
20
6
179
18
0
18
0
0
245
2.3
Request for Information (RFIs)
10
8
16
10
75
105
6
6
16
252
2.4
Shop Drawing Submittals
20
12
24
24
100
240
0
0
140
560
2.5
Request for Proposals (RFP)
8
8
4
40
20
40
4
0
4
128
2.6
Field Directives (FD)
4
8
12
20
60
100
16
40
8
268
2.7
Contractor Payment Applications
0
20
0
116
18
0
36
0
0
190
2.8
Manufacturer's Operation and Maintenance Manuals (O&Ms)
0
0
0
2
4
8
0
0
2
16
3.0 Construction Inspection
29
458
75
996
426
611
6446
0
12
3.1
Construction Inspection, CWI, CIPP lining, and Struct. Special Inspection
24
352
72
844
322
367
5020
0
0
7001
3.2
Jack and Bore Inspection
4
96
0
96
72
152
1200
0
0
1620
3.3
FRP Lining Inspection
0
4
0
0
4
12
192
0
0
212
3.4.1
Substantial Completion / Final Completion / Punch List
0
2
0
24
8
24
16
0
0
74
3.4.2
Project Documentation / Closeout
0
2
2
26
12
40
16
0
12
110
3.4.3
Lessons Learned
1
2
1
6
8
16
2
0
0
36
4.0 Utility Coordination
2
8
0
50
24
80
20
0
0
4.1.1
AOC Applications to MCESD
0
0
0
2
8
16
4
0
0
30
4.1.2
Coordinate Utility Representatives (SRP and ADOT)
2
8
0
48
16
64
16
0
0
154
5.0 Materials Testing and Quality Assurance (QA)
2
8
6
32
16
32
64
0
0
5.1.1
Verify Contractor's Material Test type and Frequency Meet Requirements
1
4
2
16
8
16
32
0
0
79
5.1.2
Review Contractor's QC Test Schedule, Samples, Test Results
1
4
4
16
8
16
32
0
0
81
6.0 Record Drawings
0
4
4
22
24
50
86
80
0
6.1.1
Review and Monitor Contractor Redlines
0
2
2
18
0
10
78
0
0
110
6.1.2
Prepare Record Drawings / Certification / Turnover
0
2
2
4
24
40
8
80
0
160
7.0 Asset Management Update
0
0
0
0
4
16
0
0
0
7.1
Update Asset Spreadsheet
0
0
0
0
4
16
0
0
0
20
TOTAL HOURS
115
744
249
1899
1077
1434
6724
188
182
EXHIBIT "B"
CONSTRUCTION MANAGEMENT
<NAME OF PERSON
SCOPE OF SERVICES
101 / 202 REDUNDANT 66-INCH SEWER LINE
FEE SCHEDULE
<PROJECT ROLE
Principal
Sr PM / Civil
/ Struct
Project
Engineer
Sr. Insp /
Spec Insp
Senior
CADD
Tech
Senior
Admin
Const. PM
Sr Const
Mgr/Sr. Elect
PM
Sr. Engineer
/ RPR
<HOURLY RATES
TOTAL HOURS PER
TASK
304
2621
9053
184
160
270
20
12612
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page C-1
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
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page C-2
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
completion and acceptance of the work or services, and Consultant, or its selected Design
Professional will submit Certificates of Insurance as evidence the required coverage is in
effect. The Design Professional must annually submit Certificates of Insurance citing that the
applicable coverage is in force and contains the required provisions for a 3 year period.
2.2 Commercial General Liability-Occurrence Form. Consultant must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Consultant must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles
assigned to or used in the performance of Consultant’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
2.4 Workers Compensation and Employers Liability Insurance: Consultant must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
3.
Additional Policy Provisions Required.
3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by City. If not approved, City may require that the insurer reduce or
eliminate any deductible or self-insured retentions with respect to City, its officers, officials,
agents, employees, and volunteers.
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage.
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained
by City, its officers, officials, agents, and employees will be in excess of the coverage
provided by Consultant and must not contribute to it.
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page C-3
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.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page D-1
EXHIBIT “D”
SPECIAL CONDITIONS
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/12/2024
Page E-1
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.
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
RFI CONSULTANTS LLC
NACE Certified Coating Inspectors & Protective Coatings Specialists
Veteran Owned & Operated
June 12, 2025
To,
David Markert
Construction Project Director
Wilson Engineers
1620 W. Fountainhead Pkwy, Suite 501
Tempe, AZ 85282
From:
RFI Consultants LLC
2225 West Speer Trail
Phoenix AZ 85086
Sub: City of Chandler - Loop 101 and 202 Freeway 66-inch Redundant Sewer Project
Proposal for Coating Inspection Services
David;:
RFI Consultants LLC is pleased to provide a proposal for coating inspection services for the above
Subject. Inspection procedures of the concrete sanitary sewer manholes shall be tested and inspected in
accordance with all applicable technical bulletins or instructions, SSPC SP-13/NACE No.6 “Surface
Preparation of Concrete”, and manufacturer’s recommendation to meet its expected service life. All
manholes shall be clean, dry, and free of sewage and debris during all inspections. The projected scope of
services and fees including expenses associated with the project are attached below. If the projected scope
of services or fees exceed what is estimated, the client will need to provide RFI Consultants written
authorization to continue.
Tasks:
1. Replacement of Existing Manholes with New Polymer Concrete Manholes or Inserts -
Installation of fiberglass reinforcement mat system to overlap and Terminate in the CIPP Lining
in the manholes
2. Cast-in-Place Structure - Installation of PVC Armorlok (aka T-Lock)
Inspections:
1) Surface Preparation: Visually inspect that the surface preparation conforms to the standard required
either by the specification and/or the coating manufactures requirements., normally SSPC -SP 13/NACE 6
(Surface Preparation of Concrete). This includes checking that the correct CSP requirement has been
achieved, the substrate is sound, pH readings if needed, checking for cracks, exposed rebar or any other
possible discrepancies that could prevent optimum adhesion of the lining system to the substrate.
2) Underlayment / Cementitious Surfacer (If required) If an underlayment / cementitious surfacer has
been applied , RFI will inspect for soundness, cracking, or any other discrepancies that could result in
premature failure of the applied lining system.
3) Finish coat application w/holiday testing: Visually inspect for any coating discrepancies and holiday
test according to NACE SP)-188 (Discontinuity (Holiday) Testing of New Protective Coatings on
Conductive Substrates) for any discontinuities that could compromise the long-term protection and per-
formance of the applied lining system.
2225 West Speer Trail Phoenix, AZ 85086
CELL: 480-560-7182 E-MAIL: eric_rfi@yahoo.com
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
RFI CONSULTANTS LLC
NACE Certified Coating Inspectors & Protective Coatings Specialists
Veteran Owned & Operated
4) Re-holiday test (if required) Should any discrepancies be located in action item #3, RFI will visually.
re-inspect and re-test any discrepancies that had to be corrected to insure compliance.
Inspection Rate:
$700.00 per inspection (15 manholes approximately 2 inspections per manholes = $21,000.00)
$700.00 per inspection (1 Cast-in-Place Structure approximately 6 inspection = $4,200.00)
Notes:
•
Minimum 48 hours notice for all inspections.
•
Responsibilities for cleaning out of the infrastructure for assessment to be provided by others
•
Responsibilities for accessibility, confine space entry and exit, equipment, permits and all other
related confine space procedures to be provided by others.
•
RFI will provide our own safety harnesses, PPE clothing, respirators, monitors etc as required.
We appreciate the opportunity to be of service and looking forward to working on the project. If you have
any questions, please do not hesitate to call us at 480-560-7182 or send us an e-mail at eric_rfi@yahoo.-
com
Respectfully Submitted
Eric Brackman
Managing Member
RFI Consultants LLC
NACE CIP & PCS Lead Instructor
NACE CCI Level 3 w/ Bridge #14458
NACE PCS #14458
NASSCO Manhole Rehab Inspector
Armorlok PVC Protective Lining Inspector
2225 West Speer Trail Phoenix AZ 85086
CELL: 480-560-7182 E-MAIL: eric-rfi@yahoo.com
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
RFI CONSULTANTS LLC
NACE Certified Coating Inspectors & Protective Coatings Specialists
Veteran Owned & Operated
Craig Ramsey P.E.
Wilson Engineers
1620 W. Fountainhead Pkwy, Ste. 501
Tempe, AZ 85282
Re: Chandler Infrastructure
Mr. Ramsey:
RFI Consultants LLC was asked to provide our some background of our inspection services for installations of
GFRP systems for the City of Chandler as well as one project for the City of Avondale where the GFRP manhole
work was first completed by JPCI Services.
• Chandler Sewer Lift Station Coating Assessment 2019 - Subcontracted by Jacobs
• Chandler Airport WRF Headworks Assessment 2022 - Subcontracted by City of Chandler - John Ardans
• Chandler Airport WRF Headworks Rehabilitation 2023/24 - Subcontracted by City of Chandler - John Ardans
• Chandler Airport WRF Membrane Trains/ CIP Tank and Chemical Containment Areas 2023/24 - Subcontracted by
Wilson
• Chandler Sewer LS Rehabilitation Project WW2106.401 - Subcontracted by MGC
• Avondale GFRP Manholes 2024 - Subcontracted by Dibble
Respectfully Submitted
Eric Brackman
NACE CIP & PCS Lead Instructor
NACE CCI Level 3 w/Bridge #14458
NACE PCS #14458
NASSCO Manhole Rehab Inspector
ArmorLok PVC Protective Lining Inspector
2225 West Speer Trail Phoenix, AZ 85086
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921
Project Name: 101/202 Redundant 66-inch Sewer Line
Project No.: WW2402.451
Rev. 1/24/2024
Page F-1
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A
Docusign Envelope ID: A7B6C4E3-7188-4D37-84D4-B8F15495B921