Agreement

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, ® CHANDLER
WS 20 '20NAa

Community of Innovation

PROFESSIONAL SERVICES AGREEMENT
DESIGN SERVICES

KYRENE ROAD (SANTAN LOOP 202 TO CHANDLER BLVD)
PROJECT NO. ST2503.201

Council Date: January 22, 2026

THIS AGREEMENT (“Agreement”) is made and entered into on the day of ,
2026, (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation,
("City"), and Kimley-Horn and Associates, Inc., a North Carolina corporation, ("Consultant") (City
and Consultant may individually be referred to as “Party” and collectively referred to as
“Parties”).

RECITALS

A. City proposes to engage Consultant to provide design services for Kyrene Road (Santan Loop
202 to Chandler Blvd) 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

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Project No.: $T2503.201
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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.

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 950 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 $2,473,209 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City's prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier's actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant's performance under this Agreement.

SECTION IV--CITY'S OBLIGATIONS

As part of Consultant's services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.

SECTION V--GENERAL CONDITIONS

5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:

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To |City of Chandler - Public Works & Utilities Department
City: 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 acopy to: | City of Chandler - Public Works & Utilities Department
Attn: Ray Dovalina, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3314 Email: Ray.Dovalina@chandleraz.gov

To Consultant: LEGAL COMPANY NAME: |Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601

1661 East Camelback Road, Suite 400
Phoenix AZ 85016

Mailing Address:

Physical Address:

Statutory Agent Name: |Corporation Service Company

7955 South Priest Drive, Suite 102
Tempe, AZ 85284
7955 South Priest Drive, Suite 102
Tempe, AZ 85284

CONSULTANT'S AUTHORIZED PROJECT REPRESENTATIVE
Name: | David J Leistiko
Title: | Senior Vice President
Phone: |602-906-1124

Email: | Dave.Leistiko@kimley-horn.com

Statutory Agent Mailing Address:

Statutory Agent Physical Address:

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
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

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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.

5.5 Indemnification. To the extent permitted by law, the Consultant ("Indemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees

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("Indemnitee") 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
Indemnitee from and against any and all Claims, except those arising solely from
Indemnitee'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 Indemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.

5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.

5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.

5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.

5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.

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5.10 Completeness and Accuracy of Consultant's Work. Consultant must be responsible for
the completeness and accuracy of Consultant's services, data, and other work prepared or
compiled under Consultant's obligation under this Agreement and must correct, at
Consultant's expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant's work will in no way relieve
Consultant of any of Consultant's responsibilities.

5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.

5.12 Withholding Payment. City reserves the right to withhold funds from Consultant's
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.

5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).

5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.

5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant's staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.

5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
for approval the names of consultants or subconsultants to be used under this Agreement.

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Any subsequent changes are subject to City’s written prior approval.

5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.

5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.

5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage ina
boycott of Israel as defined by state statute.

5.20 Legal Worker Requirements. A.R.S. 8 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 8 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. 88 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

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not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.

5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant's failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.

5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant's or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant's or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
Agreement with City, Consultant must first notify City as set forth in this Section of the request
or demand for the data. Consultant or its subconsultants must give City sufficient facts so

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that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.

5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.

5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.

5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.

5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.

5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this

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Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.

5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.

5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.

5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.

5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.

5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.

5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City's prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.

5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:

Exhibit A - Scope of Services / Schedule

Exhibit B - Compensation and Fees

Exhibit C - Insurance Requirements

Exhibit D - Special Conditions

Exhibit E - 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.

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5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.

5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant's services under this Agreement.

5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City's
final acceptance of Consultant's services under this Agreement.

5.42 Cooperative Purchasing Agreement (S.A.V.E. - Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.

5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.

5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.

5.45 License to City for Reasonable Use. With this Agreement, Consultant and _ its
subconsultants hereby grant a license to City, its agents, employees, and representatives for
an indefinite period of time to reasonably use, make copies, and distribute as appropriate
the Documents, works or deliverables developed or created as a result of the Project and this
Agreement. This license also includes the making of derivative works.

Project Name: Kyrene Road (Santan Loop 202 to Chandler Blvd)
Project No.: $T2503.201
Rev. 9/30/25 Page 11

Docusign Envelope ID: D39AC47A-C2B8-4EE1-92E1-A8D1E5C9C8CD

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

“CONSULTANT”
KIMLEY-HORN AND ASSOCIATES, INC.

December 16, 2025

Mayor

RECOMMENDED BY:

Signature Date

Dave Leistiko

Print Name
Daniel Haskins December 16, 2025 SR VP
Daniel Haskins, P.E. Title

CIP City Engineer

APPROVED AS TO FORM:

City Attorney qo

ATTEST:

City Clerk Seal

Project Name:
Project No.:
Rev. 9/30/25

Kyrene Road (Santan Loop 202 to Chandler Blvd)
$T2503.201

Dave. leistiko@kimley-horn.com

Signer Email Address

Page 12

Docusign Envelope ID: D39AC47A-C2B8-4EE1-92E1-A8D1E5C9C8CD

EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE

Project Name: Kyrene Road (Santan Loop 202 to Chandler Blvd)
Project No.: $T2503.201
Rev. 9/30/2025 Page A-1

Docusign Envelope ID: D39AC47A-C2B8-4EE 1 -92E 1-A8D1E5C9C8CD

Kimley»Horn

December 9, 2025

Ray Dovalina
Project Manager
City of Chandler

RE: Scope of Work and Design Fee Proposal (Revision 3)
Kyrene Rd (Santan Loop 202 to Chandler Blvd)
City Project No.: ST2503.201

Dear Ray,

Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this revised scope and fee
proposal to perform professional design consulting services for the City of Chandler (City) for the
Kyrene Road (Santan Loop 202 to Chandler Blvd) design project. Our proposal was initially prepared
based upon the information obtained during our initial scoping meeting held on October 9, 2025 with
City staff. Subsequent revisions have been based on subsequent meetings with specialized City staff
the week of October 13, 2025, additional comments received from the City on 10/29/25, additional
meeting with the City Water on 11/24/25, and final comments received 12/9/25 via email.

The professional services fee (total contract fee) for the project is $2,473,209 including
allowances, sub-consultants and direct expenses.

We are excited for the opportunity to partner with the City to help successfully deliver this project.
Should you have any questions or need additional information, please contact me at 602-216-1228 or
ryan.marks@kimley-horn.com

Very truly yours,

KIMLEY-HORN AND ASSOCIATES, INC.

Ryan Marks, P.E.

Project Manager

Enclosures

kimley-horn.com | 1661 E Camelback Rd, Unit 400, Phoenix, AZ 85016 602 944 5500

Docusign Envelope ID: D39AC47A-C2B8-4EE 1 -92E 1-A8D1E5C9C8CD

Scope of Services

Project Title: Kyrene Road (Santan Loop 202 to Chandler Blvd)
City of Chandler Project No.: ST2503.201

Page 1

PROJECT DESCRIPTION

This project involves street widening improvements to Kyrene Road from San Tan Freeway/Loop 202 to
Chandler Boulevard. The segment is proposed to be widened from 4-thru lanes to 6-thru lanes.
Improvements may include additional lanes, bike lanes, median improvements, bus pads, streetlights,
additional pedestrian facilities, landscaping, public engagement, right-of-way acquisition, and utility
relocations. The project will also conduct an update of the previous project assessment that was
completed in 2021, considering a design year of 2050 instead of the previous assumption of 2040.

This project was initially presented to the City of Chandler because cars were backing up on Loop 202
trying to get off on Kyrene Road during peak hours. A Project Assessment was completed in November
2021, which analyzed different options to widen the road to help get cars off Loop 202 and through this
stretch of roadway to Chandler Blvd. As part of the study, the project team performed a traffic analysis.
This was done during COVID, so traffic counts were analyzed, and projected from Pre-COVID era.
Even though traffic is not backing up on the freeway in 2025 due to reduced commuter trips, the
potential remains for those commuter trips to increase again, so this project will expand the road to its
anticipated ultimate configuration. This project is included in the City’s 2020 Transportation Master
Plan and is programmed in the Maricopa Association of Governments (MAG) Regional Arterial Life
Cycle Program (ALCP), which is funded by the Regional Area Road Fund (RARF), which is not federal
funding. The overall project will use Proposition 479 regional funds.

DESIGN STANDARDS

DESIGN CONSULTANT shall perform the specific Project Tasks outlined below. All work shall
conform to the latest edition and amendments of the City of Chandler’s Unified Development Manual
(UDM), MAG Uniform Standard Specifications and Details for Public Works Construction, Manual of
Uniform Traffic Control Devices for Streets and Highways (MUTCD), and AASHTO Policy on
Geometric Design of Highways and Streets unless specifically noted otherwise.

Docusign Envelope ID: D39AC47A-C2B8-4EE 1 -92E 1-A8D1E5C9C8CD

Scope of Services

Project Title: Kyrene Road (Santan Loop 202 to Chandler Blvd)
City of Chandler Project No.: ST2503.201

Page 2

PROJECT TASKS

1. DATA COLLECTION

a. Task 1.1: Collect and Review Existing Records

i.

ii.

DESIGN CONSULTANT shall request and obtain, and CITY shall provide at no cost to
DESIGN CONSULTANT the following, but not necessarily limited to, existing
information as available: as-built drawings, related design studies and _ reports,
geotechnical investigations, traffic data and projections, maintenance records, and
drawings of developments planned within the project area.

DESIGN CONSULTANT shall keep a log and copy of all information collected through
the duration of the project, including photos, as-builts, reports, and other documents
provided from CITY, stakeholders, utility companies, external agencies, and developers.

2. PUBLIC UTILITY COORDINATION

a. Task 2.1 Utility Coordination

i.

ii.

iii.

iv.

DESIGN CONSULTANT shall perform utility coordination in conformance with City
Design Standards.
1. DESIGN CONSULTANT shall coordinate with each utility company to determine
if the utilities have any need to upgrade their facilities before or during the project’s
construction.
2. DESIGN CONSULTANT shall work with the CITY to coordinate the early
determination of facilities that may be abandoned or deactivated.
3. DESIGN CONSULTANT shall send Utility Conflict Review letters to each utility
company notifying them of the project and defining the project scope and timeline
along with Project Plans at each submittal (30%, 60%, 95%, 100%, and Final) for
their review along with a request for written response from each company to
determine the disposition of their utility as it relates to the planned roadway
improvements.
4. For each submittal to the utility companies, DESIGN CONSULTANT shall
provide the CITY each with a written record of receipt.
5. DESIGN CONSULTANT shall create a utility inventory and conflict log for the
project and maintain updates for all submittals.
DESIGN CONSULTANT shall work with the CITY to facilitate utility coordination
meetings following each submittal (30%, 60%, 95%, 100%, Final). This task includes up
to six (6) general utility coordination meetings. DESIGN CONSULTANT anticipates a
maximum of three personnel attending the utility coordination meetings.
DESIGN CONSULTANT shall work with the CITY to facilitate Salt River Project (SRP)
meetings. This task includes up to twenty-four (24) coordination meetings which include
the pre-design meeting, milestone meetings, and monthly meetings as needed. DESIGN
CONSULTANT anticipates a maximum of three personnel attending the SRP
coordination meetings.

DESIGN CONSULTANT shall work with the CITY to facilitate individual private utility
meetings. This task includes up to twelve (12) coordination meetings with individual

Docusign Envelope ID: D39AC47A-C2B8-4EE 1 -92E 1-A8D1E5C9C8CD

Scope of Services

Project Title: Kyrene Road (Santan Loop 202 to Chandler Blvd)
City of Chandler Project No.: ST2503.201

Page 3

private utilities (non-SRP) as needed. DESIGN CONSULTANT anticipates a maximum
of two personnel attending the individual private utility coordination meetings.

v. DESIGN CONSULTANT shall assist the CITY with review of up to three (3) prior rights

documents provided by private utilities that are in conflict with the project.

vi. DESIGN CONSULTANT shall review existing field conditions on-site prior to the 30%

submittal to verify existing utilities identified in the survey.

b. Task 2.2: Utility Locating and Verification
i. DESIGN CONSULTANT shall be responsible for field verifying the horizontal locations

ii.

iii.

of all utilities within the project limits prior to the 30% design submittal.

DESIGN CONSULTANT shall prepare base maps detailing all existing utility data and
transmitting to the utility companies for verification and comment concerning the utility
locations. DESIGN CONSULTANT shall incorporate the utility company comments
into the base maps.

DESIGN CONSULTANT shall verify the elevation of any utilities, using potholing,
which are identified as being in potential conflict with CITY’s Improvements.

1. During the 30% design phase, DESIGN CONSULTANT shall develop a suggested
pothole list that identifies stationing and offset. DESIGN CONSULTANT shall
provide the list to utility companies affected by the project, and facilitate coordination
of a master pothole list.
2. Prior to completion of the 60% plans, DESIGN CONSULTANT shall provide two-
hundred seventy five (275) vacuum excavation potholes (testholes) on existing
subsurface utilities at locations identified on the master pothole list. Pertinent pothole
data shall be presented in spreadsheet format on a standard “Testhole Data Summary”
form that includes the utility found, depth, horizontal and vertical location, size and
material composition, and top and bottom elevation of the utility line exposed.
Potholes shall be patched back with hot mix and backfilled with half sack slurry per
MAG Detail 212.
3. DESIGN CONSULTANT shall be responsible for field survey to initially stake the
pothole location in white paint or white flagging for Blue Stake notification and as a
reference point for the surveyed location of each pothole. DESIGN CONNSULTANT
shall identify the pothole number, northing, easting and elevation of the staked
location. DESIGN CONSULTANT shall measure and record adjustments from the
surveyed location to the steel reference pin set above the centerline of each exposed
utility.
4. Vacuum excavation potholing shall include mobilization, set-up, traffic control
pavement cut and removal (if any), pavement patch as specified in Streetcut Permit (if
any), excavation, backfill and compaction, all information requested, and clean up.
5. DESIGN CONSULTANT shall apply for and obtain permits for potholing.

a. Subconsultant AIMS Companies shall complete all services described in Task

2.2.iii. described above. DESIGN CONSULTANT shall coordinate all work

completed by subconsultant.

iv. DESIGN CONSULTANT shall conduct Subsurface Utility Engineering (SUE) per

American Society of Civil Engineering (ASCE) publication CI/ASCE 38-02 “Standard

Docusign Envelope ID: D39AC47A-C2B8-4EE 1 -92E 1-A8D1E5C9C8CD

Scope of Services

Project Title: Kyrene Road (Santan Loop 202 to Chandler Blvd)
City of Chandler Project No.: ST2503.201

Page 4

Guideline for the Collection and Depiction of Existing Subsurface Utility Data” at a
“Quality Level C” for public water, sewer, reclaimed water and overhead utilities.

v. DESIGN CONSULTANT shall conduct Subsurface Utility Engineering (SUE) per ASCE

publication CI/ASCE 38-02 “Standard Guideline for the Collection and Depiction of
Existing Subsurface Utility Data” at a “Quality Level B” for locatable existing
underground utilities including private water, private sewer, private reclaimed water, gas,
cable TV, telephone, fiber, and power.

c. Task 2.3: Utility Strip Map (NOT APPLICABLE)

d. Task 2.4: Utility Relocation Design Coordination
i. DESIGN CONSULTANT shall coordinate with the utilities to facilitate the design to

il.

iii.

relocate their facilities. DESIGN CONSULTANT shall request a letter from each utility
impacted by the planned roadway improvement identifying a time line for relocating their
facilities.

DESIGN CONSULTANT shall specifically identify utility conflicts, with input from
utility companies and CITY, which might affect alignment or grade and recommend
alignment alternatives.

Prior to 30% plan submittal, DESIGN CONSULTANT shall develop preliminary
alignments of any utilities requiring relocation for which the CITY has requested an
alignment design. DESIGN CONSULTANT shall submit preliminary locations to each
utility for review with a request for written response from each utility.

1. DESIGN CONSULTANT shall utilize SRP supplied maps, survey information and
field visit data to prepare a conceptual 15% layout showing the potential SRP
underground route, potential equipment locations and identifying SRP equipment
needing relocation to accommodate the conceptual roadway improvement design.
This includes a conversion of overhead to underground design for approximately
1400’ of existing 12kv overhead distribution lines along the east side of Kyrene Rd
between W Fry Rd and Gila Springs Blvd. The proposed new route of SRP
underground lines may also include other communication utilities as part of
conversion and joint use conduit coordination.

2. DESIGN CONSULTANT will coordinate with SRP to review conceptual plan and
seek feedback on route selection and proposed equipment locations. DESIGN
CONSULTANT will also evaluate easement needs and impacts. DESIGN
CONSULTANT will discuss joint use/joint trench requirements and spare conduit
needs for SRP. Once this meeting is completed and the comments are reviewed with

Docusign Envelope ID: D39AC47A-C2B8-4EE 1 -92E 1-A8D1E5C9C8CD

Scope of Services

Project Title: Kyrene Road (Santan Loop 202 to Chandler Blvd)
City of Chandler Project No.: ST2503.201

Page 5

the CITY, DESIGN CONSULTANT will proceed with the preliminary 30% design
layout.

3. DESIGN CONSULTANT shall produce a preliminary 30% layout based upon
conceptual design and with feedback from SRP and CITY showing the proposed SRP
underground distribution route, proposed equipment locations and identifying SRP
equipment needing relocation to accommodate the preliminary roadway improvement
design. This design will include duct bank details showing conduit count and racking
requirements per SRP design standards and pad size and locations along the road
right of way. This preliminary routing will also include proposed streetlight conduits
and power source transformer locations that align with the new streetlight plan.

iv. DESIGN CONSULTANT shall coordinate with CITY to make joint trenching
recommendations for underground utilities, and submit those recommendations to the
CITY for approval.

v. DESIGN CONSULTANT shall identify utility easements and provide legal descriptions
to the CITY, per Task 7.2, to facilitate land acquisition during the design phase.

vi. DESIGN CONSULTANT shall review all utility relocation plans for constructability
within the project limits. This task includes up to two (2) reviews of private utility
relocation plans per utility (up to 16 reviews in total).

vii. Prior to submittal of Final (100%) construction documents, DESIGN CONSULTANT
shall work with private utilities to verify and report to the CITY that all utility relocations
have been designed and coordinated with proposed CITY and private installations, and
that such relocations shall not impact the proposed construction schedule of the CITY’s
project.

e. Task 2.5: Utility Clearance Letter and Service Request Letters

i. DESIGN CONSULTANT shall prepare a utility clearance letter, providing a review of
proposed utility plans, including conflict evaluation, and general considerations.

ii. DESIGN CONSULTANT shall provide load calculations for new services to the utilities
and prepare service request letter.

iii, DESIGN CONSULTANT shall coordinate water and power addressed with the City.
3. PROGRESS MEETINGS

a. Task 3.1: Monthly Progress Meetings
i. This task includes up to twenty-four (24) general progress meetings based on monthly

meetings for up to 24 months. DESIGN CONSULTANT anticipates a maximum of four
(4) personnel attending the Progress Meetings.

ii. This task includes up to two half-hour phone call updates with City per month (48).
DESIGN CONSULTANT anticipates a maximum of two (2) personnel attending the
Phone Call Updates.

iii. DESIGN CONSULTANT shall prepare and distribute meeting minutes for each Progress
Meeting, including Action Items to be reviewed and updated at each Progress Meeting.

Docusign Envelope ID: D39AC47A-C2B8-4EE 1 -92E 1-A8D1E5C9C8CD

Scope of Services

Project Title: Kyrene Road (Santan Loop 202 to Chandler Blvd)
City of Chandler Project No.: ST2503.201

Page 6

b. Task 3.2: Comment Resolution Meetings

i. Meeting shall be held no later than one month after redlines are returned to DESIGN
CONSULTANT at each plan submittal. Comments Resolution Meetings are for both
internal and external agency reviews.

ce. Task 3.3: ADOT Coordination

i. DESIGN CONSULTANT will coordinate the improvements within ADOT R/W at
Kyrene Road and SR 202L.

ii. DESIGN CONSULTANT will schedule and attend up to four (4) meetings with ADOT,
anticipated to be a pre-application meeting, comment resolution meeting (s), and other
meetings as needed throughout the project duration.

4. PUBLIC AND STAKEHOLDER MEETINGS

a. Task 4.1: Public Meetings

DESIGN CONSULTANT will be responsible for the following public engagement related
activities. For purposes of this project, public engagement refers to the community, area
residents, area visitors, and locally adjacent businesses along the corridor.

i. Project Advertising and Engagement Materials - DESIGN CONSULTANT will develop
collateral, marketing, and advertisement materials in support of the project. This includes,
but not limited to, social media graphics and captions, project flyers/fact sheets, post
cards and associated mailing to a notification area of 2 mile radius of the project limits,
development of yard signs. These materials will be reviewed and updated for
advertisement of 2 public meetings. DESIGN CONSULTANT will develop website text
and work with the CITY Communications and Information Technology teams to
establish a project website hosted on the CITY servers. A project hotline and dedicated
email address will be established for the project and managed by DESIGN
CONSULTANT.

ii. Virtual Engagement and Recorded Presentation - DESIGN CONSULTANT will develop
virtual and online engagement and outreach strategies and materials. A project survey
will be developed and hosted by DESIGN CONSULTANT, and reviewed and approved
by the CITY prior to advertising it to the public. DESIGN CONSULTANT will develop
a presentation and associated recorded webinar to be placed on the project website, and
congruent with public meetings.

iii. In-Person Public Engagement and Summary Reports - DESIGN CONSULTANT will
coordinate up to two (2) public meetings throughout the duration of the project. These
meetings will be coordinated, planned, and attended by up to four (4) staff. The CITY is
responsible for determining and scheduling the meeting location(s), time, and logistics.
DESIGN CONSULTANT will prepare presentations, produce roll plot exhibits, and other
materials determined necessary for these public meetings. Yard signs, postcard mailings,
and advertisement materials will be developed for each meeting.