HomeMy WebLinkAboutC2020-080 - Black & Veatch Contract No.2020-080
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BLACK&VEATCH CORPORATION
THIS PROFESSIONAL SERVICES AGREEMENT(this"Agreement") is entered into as of April
21,2020,between the Town of Fountain Hills,an Arizona municipal corporation(the"Town")and Black&
Veatch Corporation,a(n)Delaware corporation(the"Consultant").
RECITALS
A. Pursuant to Section 7.1 of the Town's Procurement Policy and Section 3-3-26 of the Town
Code,the Town may directly select certain consultants for professional and technical services.
B. The Consultant possesses the specific skill and experience required to perform services
related to Phase 1 of the Fountain Hills Fountain Rehabilitation Study,as set forth in the Consultant's Proposal
attached hereto as Exhibit A and incorporated herein by reference(the"Services").
C. The Town desires to enter into an Agreement with the Consultant to perform the Services,
more particularly set forth in Section 2 below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are
incorporated herein by reference,the following mutual covenants and conditions,and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant
hereby agree as follows:
1. Term of Agreement.This Agreement shall be effective as of the date first set forth above and
shall remain in full force and effect until April 20,2021 (the"Initial Term"), unless terminated as otherwise
provided in this Agreement. After the expiration of the Initial Term,this Agreement may be renewed for up
two successive one-year terms (the "Renewal Term") if(i) it is deemed in the best interests of the Town,
subject to availability and appropriation of funds for renewal,(ii)at least 30 days prior to the end of the then-
current term of this Agreement,the Consultant requests,in writing,to extend this Agreement for an additional
one-year term and (iii) the Town approves the additional one-year term in writing (including any price
adjustments approved as part of this Agreement), as evidenced by the Town Manager's signature thereon,
which approval may be withheld by the Town for any reason. The Consultant's failure to seek a renewal of
this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement;
provided, however, that the Town may, at its discretion and with the agreement of the Consultant, elect to
waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively
referred to herein as the"Term."Upon renewal, the terms and conditions of this Agreement shall remain in
full force and effect.
1
2. Scope of Work. Consultant shall provide the Services as set forth in the Proposal attached
hereto as Exhibit A.
3. Compensation. The Town shall pay the Consultant an aggregate amount not to exceed
$139,648.00 at the rates set forth in the Proposal attached as Exhibit A.
4. Payments. The Town shall pay the Consultant monthly, based upon work performed and
completed to date,and upon submission and approval of invoices. The Town shall pay all approved invoice
within thirty days of receipt.All invoices shall document and itemize all work completed to date.Each invoice
statement shall include a record of time expended and work performed in sufficient detail to justify payment.
This Agreement must be referenced on all invoices.
5. Documents. All documents, including any intellectual property rights thereto,prepared and
submitted to the Town pursuant to this Agreement shall be the property of the Town. Nothing contained in
this Section shall be construed as limiting or depriving Consultant of its rights to use its basic knowledge and
skills to design or carry out other projects or work for itself or others,whether or not such other projects or
work are similar to the work to be performed pursuant to this Agreement.
6. Consultant Personnel. Consultant shall provide adequate,experienced personnel,capable of
and devoted to the successful performance of the Services under this Agreement.Consultant agrees to assign
specific individuals to key positions.If deemed qualified,the Consultant is encouraged to hire Town residents
to fill vacant positions at all levels. Consultant agrees that, upon commencement of the Services to be
performed under this Agreement,key personnel shall not be removed or replaced without prior written notice
to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30
calendar days, or are expected to devote substantially less effort to the Services than initially anticipated,
Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town,
replace such personnel with personnel possessing substantially equal ability and qualifications.
7. Inspection;Acceptance.All work shall be subject to inspection and acceptance by the Town
at reasonable times during Consultant's performance. The Consultant shall provide and maintain a self-
inspection system that is acceptable to the Town.
8. Licenses; Materials. Consultant shall maintain in current status all federal, state and local
licenses and permits required for the operation of the business conducted by the Consultant. The Town has
no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses
required to perform the specific services set forth in this Agreement.The Town has no obligation to provide
tools,equipment or material to Consultant.
9. Performance Warranty. Consultant warrants that the Services rendered will conform to the
requirements of this Agreement and with the care and skill ordinarily used by members of the same profession
practicing under similar circumstances at the same time and in the same locality.
10. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify,
defend and hold harmless the Town and each council member,officer,employee or agent thereof(the Town
and any such person being herein called an "Indemnified Party"), for, from and against any and all losses,
claims,damages,liabilities,costs and expenses(including,but not limited to,reasonable attorneys'fees,court
2
costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject,under
any theory of liability whatsoever("Claims"),insofar as such Claims(or actions in respect thereof) arise out
of, or are caused by or based upon the negligent acts, intentional misconduct, errors,mistakes or omissions,
in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of
subcontractor in the performance of this Agreement.The amount and type of insurance coverage requirements
set forth below will in no way be construed as limiting the scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or liabilities of
Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated
minimum insurance with insurance companies authorized to do business in the State of Arizona
pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above
with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein
may result in termination of this Agreement at the Town's option.
B. No Representation of Coverage Adequacy. By requiring insurance herein,
the Town does not represent that coverage and limits will be adequate to protect Consultant. The
Town reserves the right to review any and all of the insurance policies and/or endorsements cited in
this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance
with the insurance requirements set forth in this Agreement or failure to identify any insurance
deficiency shall not relieve Consultant from,nor be construed or deemed a waiver of,its obligation
to maintain the required insurance at all times during the performance of this Agreement.
C. Additional Insured.All insurance coverage,except Workers'Compensation
insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent
permitted by law for claims arising out of the performance of this Agreement,the Town,its agents,
representatives,officers,directors,officials and employees as Additional Insured as specified under
the respective coverage sections of this Agreement.
D. Coverage Term. All insurance required herein shall be maintained in full
force and effect until all work or services required to be performed under the terms of this Agreement
are satisfactorily performed, completed and formally accepted by the Town, unless specified
otherwise in this Agreement.
E. Primary Insurance. Consultant's insurance shall be primary insurance with
respect to performance of this Agreement and in the protection of the Town as an Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a"claims made"basis,coverage shall extend,either by keeping coverage
in force or purchasing an extended reporting option,for three years past completion and acceptance
of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of
Insurance citing applicable coverage is in force and contains the provisions as required herein for the
3
three-year period.
G. Waiver. All policies, except for Professional Liability, including Workers'
Compensation insurance,shall contain a waiver of rights of recovery(subrogation)against the Town,
its agents,representatives,officials,officers and employees for any claims arising out of the work or
services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into
each policy via formal written endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions.The policies set forth in
these requirements may provide coverage that contains deductibles or self-insured retention amounts.
Such deductibles or self-insured retention shall not be applicable with respect to the policy limits
provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured
retention amount.
I. Use of Subcontractors. If any work under this Agreement is subcontracted
in any way, Consultant shall execute written agreements with its subcontractors containing the
indemnification provisions set forth in this Agreement and insurance requirements set forth herein
protecting the Town and Consultant. Consultant shall be responsible for executing any agreements
with its subcontractors and obtaining certificates of insurance verifying the insurance requirements.
J. Evidence of Insurance.Prior to commencing any work or services under this
Agreement, Consultant will provide the Town with suitable evidence of insurance in the form of
certificates of insurance t, issued by Consultant's insurance insurer(s) as evidence that policies are
placed with acceptable insurers as specified herein and provide the required coverages, conditions
and limits of coverage specified in this Agreement and that such coverage and provisions are in full
force and effect.The Town shall reasonably rely upon the certificates of insurance of the insurance
policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way
the insurance requirements or obligations of this Agreement. If any of the policies required by this
Agreement expire during the life of this Agreement,it shall be Consultant's responsibility to forward
renewal certificates to the Town 30 days prior to the expiration date. All certificates of insurance
required by this Agreement shall be identified by referencing the RFP number and title or this
Agreement. A $25.00 administrative fee shall be assessed for all certificates received without the
appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally,
certificates of insurance submitted without referencing the appropriate RFP number and title or a
reference to this Agreement, as applicable, will be subject to rejection and may be returned or
discarded. Certificates of insurance shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors, officials
and employees are Additional Insureds as follows:
(a) Commercial General Liability-Under Insurance
Services Office, Inc.,("ISO")Form CG 20 10 03 97 or equivalent.
(b) Auto Liability-Under ISO Form CA 20 48 or
equivalent.
4
(c) Excess Liability-Follow Form to underlying
insurance.
(2) Consultant's insurance shall be primary insurance with respect to
performance of this Agreement.
(3) All policies, except for Professional Liability, including Workers'
Compensation, waive rights of recovery (subrogation) against Town, its agents,
representatives, officers, officials and employees for any claims arising out of work or
services performed by Consultant under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01)is preferred.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Consultant shall maintain "occurrence" form
Commercial General Liability insurance with a limit of$1,000,000 for each occurrence,$2,000,000
Products and Completed Operations Annual Aggregate and a$2,000,000 General Aggregate Limit.
The policy shall cover liability arising from premises,operations,independent contractors,products-
completed operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to,
separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the
performance of this Agreement, the Town, its agents, representatives, officers, officials and
employees shall be cited as an Additional Insured under ISO, Commercial General Liability
Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read"Who is an
Insured (Section II) is amended to include as an insured the person or organization shown in the
Schedule,but only with respect to liability arising out of"your work"for that insured by or for you."
If any Excess insurance is utilized to fulfill the requirements of this subsection,such Excess insurance
shall be"follow form"equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability.Consultant shall maintain Business Automobile Liability
insurance with a limit of$1,000,000 each occurrence on Consultant's owned, hired and non-owned
vehicles assigned to or used in the performance of the Consultant's work or services under this
Agreement.Coverage will be at least as broad as ISO coverage code"1""any auto"policy form CA
00 01 12 93 or equivalent thereof.To the fullest extent allowed by law,for claims arising out of the
performance of this Agreement, the Town, its agents, representatives, officers, directors, officials
and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated
Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the
requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in
coverage scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any professional
services or work,or if the Consultant engages in any professional services or work in any way related
to performing the work under this Agreement, the Consultant shall maintain Professional Liability
insurance covering negligent errors and omissions arising out of the Services performed by the
Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes,
5
errors and omissions the Consultant is legally liable, with a liability insurance limit of$2,000,000
each claim and$2,000,000 annual aggregate.
D. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction over Consultant's employees engaged in the performance of work or services under this
Agreement and shall also maintain Employers Liability Insurance of $500,000 for each accident,
$500,000 disease for each employee and$1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be
canceled,or be materially changed without 30 days' prior written notice to the Town.
12.Termination;Cancellation.
12.1 For Town's Convenience.This Agreement is for the convenience of the Town and,
as such,may be terminated without cause after receipt by Consultant of written notice by the Town. Upon
termination for convenience,Consultant shall be paid for all undisputed services performed to the termination
date.
12.2 For Cause.If either party fails to perform any obligation pursuant to this Agreement
and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the
non-defaulting party,such party will be in default. In the event of such default,the non-defaulting party may
terminate this Agreement immediately for cause and will have all remedies that are available to it at law or
in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting
parry's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party
will have such additional periods of time as may be reasonably necessary under the circumstances,provided
the defaulting party immediately(A)provides written notice to the non-defaulting party and(B)commences
to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance.
In no event shall any such cure period exceed 90 days. In the event of such termination for cause,payment
shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination
date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30
days' written notice to Consultant in the event that the Services are permanently abandoned. In the event of
such termination due to work stoppage, payment shall be made by the Town to the Consultant for the
undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest.This Agreement is subject to the provisions of ARIZ.REV.STAT.
§ 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any
of its departments or agencies if any person significantly involved in initiating,negotiating,securing,drafting
or creating this Agreement on behalf of the Town or any of its departments or agencies is,at any time while
this Agreement or any extension of this Agreement is in effect, an employee of any other party to this
Agreement in any capacity or a Consultant to any other party of this Agreement with respect to the subject
matter of this Agreement.
12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this
Agreement if it is found by the Town that gratuities,in the form of economic opportunity,future employment,
6
entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of
the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In
the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in
addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to
150%of the gratuity.
12.6 Agreement Subject to Appropriation.This Agreement is subject to the provisions of
ARIZ.CONST.ART.IX,§5 and ARIZ.REV. STAT. §42-17106.The provisions of this Agreement for payment
of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are
actually available for payment.The Town shall be the sole judge and authority in determining the availability
of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability
of funds for this Agreement.The obligation of the Town to make any payment pursuant to this Agreement is
a current expense of the Town, payable exclusively from such annual appropriations, and is not a general
obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year,this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant shall be
relieved of any subsequent obligation under this Agreement.
13.Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in its
individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An
employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for
any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided under this
Agreement are being provided as an independent contractor, not as an employee or agent of the Town.
Consultant, its employees and subcontractors are not entitled to workers' compensation benefits from the
Town. The Town does not have the authority to supervise or control the actual work of Consultant, its
employees or subcontractors. The Consultant,and not the Town,shall determine the time of its performance
of the services provided under this Agreement so long as Consultant meets the requirements as agreed in
Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor
prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they
combine business operations under this Agreement.
13.2 Applicable Law;Venue.This Agreement shall be governed by the laws of the State
of Arizona and suit pertaining to this Agreement may be brought only in federal or state courts in Maricopa
County,Arizona.
13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all times
during the performance of its duties under this Agreement ensure that it and any person for whom the
Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances,
statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future
Town and County ordinances and regulations;(B)existing and future State and Federal laws;and(C)existing
and future Occupational Safety and Health Administration standards.
7
13.4 Amendments.This Agreement may be modified only by a written amendment signed
by persons duly authorized to enter into contracts on behalf of the Town and the Consultant.
13.5 Provisions Required by Law. Each and every provision of law and any clause
required by law to be in this Agreement will be read and enforced as though it were included herein and, if
through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, this Agreement will promptly be physically amended to make such insertion or
correction.
13.6 Severability. The provisions of this Agreement are severable to the extent that any
provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other
provision or application of this Agreement which may remain in effect without the invalid provision or
application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the
entire agreement of the parties with respect to its subject matter,and all previous agreements,whether oral or
written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No
representations,warranties,inducements or oral agreements have been made by any of the parties except as
expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of
carrying out the provisions of this Agreement.This Agreement shall be construed and interpreted according
to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting
this Agreement.The parties acknowledge and agree that each has had the opportunity to seek and utilize legal
counsel in the drafting of,review of,and entry into this Agreement.
13.8 Assignment; Delegation.No right or interest in this Agreement shall be assigned or
delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any
attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this
Agreement by Consultant.
13.9 Subcontracts.No subcontract shall be entered into by the Consultant with any other
party to furnish any of the material or services specified herein without the prior written approval of the Town.
The Consultant is responsible for performance under this Agreement whether or not subcontractors are used.
Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of
this Agreement by Consultant.
13.10 Rights and Remedies.No provision in this Agreement shall be construed,expressly
or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in
the event of any claim of default or breach of this Agreement.The failure of the Town to insist upon the strict
performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or
remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall
not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law,and
shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys'Fees.In the event either party brings any action for any relief,declaratory
or otherwise,arising out of this Agreement or on account of any breach or default hereof,the prevailing party
shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses,
determined by the court sitting without a jury,which shall be deemed to have accrued on the commencement
8
of such action and shall be enforced whether or not such action is prosecuted through judgment.
13.12 Liens.All materials or services shall be free of all liens and,if the Town requests,a
formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or equity, the
Town may offset from any money due to the Consultant any amounts Consultant owes to the Town
for damages resulting from breach or deficiencies in performance or breach of any obligation under
this Agreement.
B. Offset for Delinquent Fees or Taxes.The Town may offset from any money
due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction
privilege taxes and property taxes,including any interest or penalties.
13.14 Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if(A)delivered
to the party at the address set forth below,(B)deposited in the U.S.Mail,registered or certified,return receipt
requested,to the address set forth below or(C)given to a recognized and reputable overnight delivery service,
to the address set forth below:
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills,Arizona 85268
Attn: Grady E. Miller,Town Manager
Pierce Coleman PLLC
4711 East Falcon Drive, Suite 111
Mesa,Arizona 85215
Attn: Aaron D.Arnson,Town Attorney
Black&Veatch Corporation
2231 East Camelback Road, Suite 250
Phoenix,Arizona 85216
Attn: Mike Caruso
or at such other address, and to the attention of such other person or officer, as any party may designate in
writing by notice duly given pursuant to this subsection.Notices shall be deemed received(A)when delivered
to the party, (B)three business days after being placed in the U.S. Mail, properly addressed,with sufficient
postage or(C)the following business day after being given to a recognized overnight delivery service,with
the person giving the notice paying all required charges and instructing the delivery service to deliver on the
following business day.If a copy of a notice is also given to a party's counsel or other recipient,the provisions
above governing the date on which a notice is deemed to have been received by a party shall mean and refer
to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be
sent,is deemed to have received the notice.
9
13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures
and controls that are acceptable to the Town for the purpose of ensuring that information contained in its
records or obtained from the Town or from others in carrying out its obligations under this Agreement shall
not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant's
duties under this Agreement.Persons requesting such information should be referred to the Town.Consultant
also agrees that any information pertaining to individual persons shall not be divulged other than to employees
or officers of Consultant as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are
complying with the warranty under subsection 13.17 below, Consultant's and its subcontractor's books,
records,correspondence,accounting procedures and practices,and any other supporting evidence relating to
this Agreement, including the papers of any Consultant and its subcontractors' employees who perform any
work or services pursuant to this Agreement(all of the foregoing hereinafter referred to as"Records"), shall
be open to inspection and subject to audit and/or reproduction during normal working hours by the Town,to
the extent necessary to adequately permit(A)evaluation and verification of any invoices,payments or claims
based on Consultant's and its subcontractors' actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this Agreement and (B)
evaluation of the Consultant's and its subcontractors' compliance with the Arizona employer sanctions laws
referenced in subsection 13.17 below. For the purpose of evaluating or verifying such actual or claimed costs
or units expended,the Town shall have access to said Records,even if located at its subcontractors' facilities,
from the effective date of this Agreement for the duration of the work and until three years after the date of
final payment by the Town to Consultant pursuant to this Agreement.Consultant and its subcontractors shall
provide the Town with adequate and appropriate workspace so that the Town can conduct audits in
compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors
reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the
provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this
Agreement.
13.17 E-verify Requirements.To the extent applicable under ARIZ.REV.STAT. §41-4401,
the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations
that relate to their employees and their compliance with the E-verify requirements under ARIZ.REV. STAT. §
23-214(A). Consultant's or its subcontractors' failure to comply with such warranty shall be deemed a
material breach of this Agreement and may result in the termination of this Agreement by the Town.
13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a"boycott,"as that term is defined in ARIZ.REV. STAT.
§ 35-393,of Israel.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall
govern in the order listed herein.
13.20 Non-Exclusive Contract.This Agreement is entered into with the understanding and
agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods
and services from another source when necessary.
10
13.21 Neither party shall be responsible or held liable to the other party for special,indirect,
incidental, punitive, exemplary, or consequential damages, or for loss of profit, investment, product, use,
goodwill, opportunity, or revenue; business interruption; cost of capital or replacement goods, services,
facilities or power; governmental and regulatory sanctions; and claims of customers for all such damages;
whether arising under breach of contract or warranty, tort, strict liability, indemnity, or any other theory of
legal liability.
13.22 Any delays in or failure of performance by the Town or Consultant, other than
payment of money, shall not constitute a default if, and to the extent, such delays or failures of performance
are caused by a force majeure event,defined as occurrences or circumstances beyond the control of the Town
or the Consultant as the case may be, including, but not limited to: acts of God or the public enemy;
expropriation or confiscation of facilities; compliance with any order or request of any governmental
authority;act or threat of war,pandemics(including the"COVID-19"pandemic),epidemics,and quarantines;
acts of nature or unusually severe weather; or any other causes, whether or not of the same class or kind as
those specifically above named, which are not within the control of the Town or the Consultant. Consultant
shall be entitled to an equitable adjustment in its schedule and cost of performance to account for any delays
caused by a force majeure event.
[SIGNATURES ON FOLLOWING PAGES]
11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
.
d a°,I
c_ 1
r
Grady E. Miller n Manager
ATTEST:
E izabeth rke, TownqiA,c,i_,
APPROVED AS TO FORM:
aron D. Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA)
) ss.
COUNTY OF MARICOPA)
On c� 3 , 2020, before me personally appeared Grady E. Miller, the
Town Manager f the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
JAMIE SALENTINE0, �� 2�WL Notary Public•State of Arizona
MARICOPA COUNTY
Commission#550103 tary Public
rn Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
"Consultant"
BLACK&VEATCH CORPORATION,
a(n)Delaware corporation
By:
Name: Lisa Jackson
Title: Associate Vice President
(ACKNOWLEDGMENT)
STATE OF ARIZONA
COUNTY OF MARICOPA
On
!'y ,2020,before me personally appeared Ls'SA A NA/ �c kSe�the
oc•o-�e_ V.P. of BLACK&VEATCH CORPORATION, a(n)Delaware corporation,
whose identity was proven to me on the basis of satisfactory evidence to be the of the corporation.
PEGGY DEIN
&� :: :
ary Public- dry u lic
My Commission Expires December 19,2022
(Affix notary seal here)
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BLACK&VEATCH CORPORATION
[Consultant's Proposal]
See following pages.
EXHIBIT A - FOUNTAIN HILLS FOUNTAIN REHABILITATION STUDY
DESCRIPTION
BACKGROUND & PURPOSE
The Town of Fountain Hills is currently celebrating its 30th anniversary of incorporation and 50th
anniversary of the commissioning of the Town's namesake fountain. The Town's desire is to perform
inspections of the visible portions of the fountain, electrical gear, lake liner, and irrigation system to
identify potential rehabilitation improvements for financial planning purposes.
Depending on the cost associated with the recommended improvements, mechanical and electrical gear
rehabilitations would be performed per the study at the conclusion of the year-long festivities in
December 2020 to ensure the fountain's longevity is maintained.
Based on previous work with the lake, the Town has requested that Black&Veatch (Consultant)to
evaluate and provide possible rehabilitation recommendations.
GENERAL PROJECT SCOPE
The Improvement Project will be performed by the Consultant in three phases:
• Phase I -review of maintenance records, inspection and evaluation of existing fountain
mechanical and electrical equipment, fountain electrical and mechanical equipment support
structures, and visible sections of the lake liner. Consultant will develop recommendations of
potential rehabilitation /replacement improvements for mechanical, electrical, and structural
elements of the fountain, as well as logistics options associated with future liner rehabilitation/
replacement and water/solids/aquatic life removal & replacement. Consultant will inspect and
evaluate the existing park irrigation system and develop recommendations for potential
replacement/rehabilitation improvements. (THIS PROJECT).
• Phase II -detailed design of recommended and selected improvements as directed by the Town
(FUTURE PROJECT).
• Phase III -construction administration services for the recommended improvements (FUTURE
PROJECT).
This scope of work is for the Phase I portion as described herein. The Scope of Services for Phases II
and III will be performed under an amendment to this contract at the direction of the Town.
EXHIBIT B - FOUNTAIN HILLS FOUNTAIN REHABILITATION STUDY PHASE
1 SCOPE OF SERVICES
Task Group 100 - Fountain Lake Condition Assessment
Task 101: Structural/Mechanical Equipment Condition Assessment
Consultant will take up to two (2)trips with senior and junior civil engineers to the site to assess and
document the condition of the existing, accessible assets, including pumps, piping, valves, aerators,
fountain lily sculpture, irrigation equipment, strainers, and chemical feed equipment/piping.
Consultant,with support from Subconsultant, will utilize a remote operated camera to video inspect the
pump discharge piping to the fountain nozzle.
Consultant will review the Town's maintenance records, drawings, past memoranda, and inspection
reports as well as meet with Town personnel to discuss current operations, availability of spare parts, etc.
Town will provide access to land-based equipment as well as what can be seen above the water surface
via the Town-owned boat. Divers will be utilized to identify condition of submerged equipment and piping
up to three (3)days; additional days or cleaning of fountain pump intake may be provided as a
supplemental service.
Task 102: Liner Condition Assessment
Consultant,with support from Subconsultant, and Town staff will develop a methodology and process to
perform a lake leakage test. Depending on weather conditions, Consultant will work with the Town to
isolate all lake supplies and irrigation users for a minimum of seven (7)consecutive days ... preferably ten
(10)days. Consultant and Town will observe and document lake level, calculate the rate of decline, and
compare with published evaporation rates under the same conditions(ambient temperature, humidity,
wind speed)to determine if the lake has excessive losses that indicate the liner is leaking. Changes in
rate of lake decline will be documented to identify elevation of possible liner leakage.
Town will provide five years of daily lake supply flow data. Prior to starting the test, Consultant will create
a test procedure including valves to be isolated and lake level monitoring location(s)and work with the
Town to identify the maximum test duration and acceptable lake level reduction. Consultant will
coordinate with Fountain Hills Sanitary District to ensure supply to the lake can be isolated for the
duration of the test. If lake supply cannot be isolated, all inflows and outflows will be metered (using
calibrated existing or temporary flow metering equipment).
In addition, Consultant will assess the visible portion of lake liner condition around the lake perimeter as
well as what may be observed while assessing equipment via the Town-owned boat and during divers'
inspection of the submerged mechanical equipment. Due to timing, the leakage study may be performed
after equipment assessments. Based on findings from leakage study, use of additional divers to identify
condition of inaccessible portions of the liner may be provided as a supplemental service.
Task 103: Electrical/ l&C Equipment Condition Assessment
Consultant will take up to two (2)trips with senior and junior electrical/I&C engineers to the site to
assess and document the condition of the existing electrical/I&C assets, including switchgear, power
panels, motors, swing check valve switches, PLC.
Consultant will review the Town's maintenance records, drawings, past memoranda, and inspection
reports, etc. meet with Town personnel to discuss current operations, availability of spare parts, etc.
The Town is currently upgrading/replacing existing fountain spotlights on the lake. Evaluation of the
existing lights and conduit is not included in this assessment.
Task 104: Electrical Short Circuit and Arc Flash Hazard Analyses
Consultant will create a short circuit and arc flash hazard analysis model per the requirements set forth
in the current version of NFPA 70E-Standard for Electrical Safety in the Workplace. The arc flash
hazard analysis will be performed according to the IEEE Standard 1584 -the IEEE Guide for Performing
Arc- Flash Calculations and include the following tasks:
• Field Investigation, and data collection
• Develop/update computer model &QC
• Perform arc flash analysis, develop recommendations for reducing arc flash hazards, and
develop Draft report, including QC.
o Report will include an executive summary, arc flash analysis principles and
procedures, assumptions, results and summary table, recommended protective
device setting changes, coordination curves, device and model input data settings,
and computer model one-line diagram.
The level of effort is based on the following clarifications and exclusions:
• The system will be analyzed based on the as-is equipment and settings verified at the time
of the field investigation.
• Coordination with the utility to obtain the most recent short circuit current fault contribution
values for the electric services.
• Data collection will begin downstream from the utility service and continue down through
the Town's electrical distribution system. The study will not include any single-phase AC
circuits or DC distribution systems as these types of circuit and systems are excluded from
IEEE 1584-2002 Arc Flash calculation guidelines. The study will not include equipment
rated 240 volts or less per NFPA 70E, when supplied by a single transformer rated less
than 125 kVA. The study will not include small motors below 50 HP per IEEE 1584-2002.
• Owner shall provide qualified personnel to provide Consultant access to all equipment for
nameplate data collection.
• The Consultant will visually observe the equipment ratings, conductor ratings and
overcurrent device data when panels, covers and doors are removed by Others'qualified
personnel where required to document the necessary data used in the analysis. Consultant
can perform these observations with the equipment energized provided the incident energy
values are less than 40 cal/cm2. Greater values or unusual site conditions will require an
equipment shutdown so the equipment can be inspected when de-energized.Where incident
energy values cannot be verified, the Consultant shall follow the guidelines of NFPA 70E
Table 130.7(C)(15)(a)for personal protective equipment recommendations based on
equipment class and rating.
• The incident energy values will be based on the worst-case operating scenario.The analysis
shall consider all practical operating scenarios for the facility.
• The arc flash protection boundary and the incident energy shall be calculated at electrical
distribution system locations where work could be performed on energized parts (i.e.
Switchboards, Switchgear, Motor Control Centers, Panelboards, and Industrial control
panels per the NEC and NFPA 70E). Industrial control panels will be defined as panels such
as stand-alone motor starters and circuit breakers, and equipment control panels with
voltages greater than 240V.
• Safe working distances shall be based upon the calculated arc flash protection boundary
considering an incident energy of 1.2 cal/cm2 with a max clearing time of 2 seconds in
accordance with IEEE 1584.
• When performing incident energy calculations, the line side of the main, integral, breaker
shall be used as the point of analysis for a given piece of equipment per IEEE 1584
guidelines. Fault contributions from both the line and load side shall be used when
performing the calculation.
• Any recommended protective device setting changes included in the analysis shall be
incorporated and changed by the Town prior to installation of the labels by Contractor.
• Labels will follow the Town's standard label requirements(or B&V recommended standard if
no standard is in place).
Task Group 100 Deliverables:
• Findings from Tasks 101-103 will be discussed at monthly meetings and documented in final
Technical Memorandum (Task 500)
• Draft and Final Short Circuit&Arc Flash Hazard Analyses Report-two hard copies, and one
electronic copy, each
• Print and install Arc Flash labels on electrical equipment
Task Group 200 - Evaluation of Fountain Options and Improvements
For each concept-level option identified under each task below, decision criteria will be created to assist
in determining which option the Town will utilize for budgeting purposes. Decision criteria will include a
combination of economic factors (initial capital cost, return on investment, etc.), and non-economic
factors (i.e. improved maintenance, impact to local community, construction duration, odors, relationship
with other stakeholders/ Fort McDowell Tribe, etc.).
Task 201: Structural/Mechanical Equipment Improvement Options
Based on results of Task 101, Consultant will provide up to three (3) improvement options for the Town. Options
could include, but are not limited to, continued maintenance of existing equipment, partial
rehabilitation/replacement, or full replacement of pumps, piping, valves and aerators. Options will be
presented using sketches and/or mark-up of photographs taken for depiction.
Note, the concrete fountain lily sculpture or the custom nozzle are not anticipated to be replaced.
However, some concrete repairs may be recommended.
Task 202: Liner Improvement Options
Based on results of Task 102, Consultant will provide up to three (3)options for liner improvements.
Options could include, but are not limited to, continued monitoring/periodic leakage testing (assuming
drainage rate equates to evaporation), partial or full lake draining and repair(assuming initial observed
drainage rate is greater than calculated evaporation but quickly slows(liner damage near surface)or is
consistent(liner damage below level of test)), or full lake draining and complete liner replacement(would
only be confirmed after full lake drained and visual inspection of liner).
Task 203: Electrical Equipment Improvement Options
Based on results of Task 103, Consultant will provide up to three(3)improvement options associated with
the main electrical switchgear. Options could include, but are not limited to, continued regular
maintenance of the existing gear, full replacement of existing gear in the same location, or full
replacement of existing gear outdoors and installation of new adjustable frequency drives (AFDs) in the
current switchgear location.
Consultant will provide up to two (2) improvement options associated with the ancillary electrical
equipment. Options could include, but are not limited to, continued regular maintenance of pump motors
or aerators, or full replacement.
Options will be presented using concept-level plan and elevations, sketches, and/or mark-up of
photographs taken for depiction. Any proposed utility connections and improvements will be provided
schematically. Short circuit and arc flash analyses for proposed improvements may be provided as a
supplemental service.
Task 204: I&C Equipment Improvement Options
Based on results of Task 103, Consultant will provide up to two(2) improvement options associated with
I&C equipment(swing check switches and PLC). Options could include, but are not limited to, continued
regular maintenance of l&C equipment or replacement of check valve switches and updated PLC system
that can be controlled remotely(phone app)/monitored (real time on website/maintenance PLCs).
Options will be presented using sketches, and/or mark-up of photographs taken for depiction. Any
proposed utility connections and improvements will be provided schematically.
Task Group 300 -Fountain/Liner Logistics
The following activities will be performed to evaluate logistical options associated with future liner rehabilitation/
replacement or other improvements associated with the irrigation source.
I y � 4
Task 301: Logistics Evaluation
Rehabilitation/replacement of land-based mechanical and electrical equipment as well as any perimeter
lake liner should be able to be completed with minimal impact to fountain operation. However, based on
the results of Task 103, a larger-scale liner rehabilitation or replacement may be required at some point
in the future and require draining the lake.The main issues associated with lake drainage are: 1)aquatic
life mitigation, 2)water disposal, 3)sludge/sediment disposal, and 4) how to maintain vegetation during
construction.
Task 301A: Aquatic Life Mitigation Evaluation
Consultant will identify up to three (3)options associated with aquatic life mitigation. Options could
include, but are not limited to, requirements and costs of testing existing species per Arizona Game and
Fish requirements to determine if species can be transferred to another regulated body of water
identification of salvage companies and/or non-profits to save as many of the existing populations as
possible, or removal and restocking of existing aquatic life.
Task 301B:Water Disposal Evaluation
The last time the lake was drained, existing washes were utilized for water disposal. Since then, multiple
downstream developments have been completed. Consultant will Identify up to two (2)options for
draining the 100 million gallons contained within the lake as well as the associated environmental
permitting required to do so including, but not limited to, using the same wash(es) previously used.
Task 301C: Sludge Disposal Evaluation
The last time the lake was drained, the Town received multiple odor and midge fly complaints when
sludge was air dried. While the air-drying sludge option is still available, it should be done at last resort.
Consultant will identify up to two (2)options to air-drying including, but not limited to, rental or purchase
of temporary mechanical dewatering equipment, and sludge removal logistics(landfill or nearby farming).
Task 301 D: Vegetation Maintenance
A complete liner replacement will take multiple months to complete and would likely be done during the
summer(lowest tourist season impact). Consultant will identify up to two (2)options for Town to maintain
the existing vegetation/turf currently served from the existing irrigation system including, but not limited
to, use of Sanitation District's advanced water treatment(AWT)effluent or potable water.
Task Group 300 Deliverables:
• None; findings will be discussed at monthly meetings and documented in final Technical
Memorandum (Task 500).
Task Group 400 - Irrigation System Assessment& Improvement Options
Task 401: Irrigation System Condition Assessment
Consultant's subconsultant will review existing configuration of irrigation piping and maintenance records
and meet with Town personnel in the field to discuss desired reduction in duration of irrigation system
operations. This field visit is anticipated to take 5 hours total including travel time to and from the site. The
site visit with Town staff will include a review of the existing irrigation system controls, and equipment as
well as a field walk with Town staff to identify areas of irrigation related concerns and issues. The
subconsultant will have two (2)representatives -certified irrigation designer and irrigation designer-at
the field meeting.
Task 402: Irrigation System Improvement Options
Based on results of Task 401, the Consultant's subconsultant will identify up to two(2)of the most viable
options to meet the Town's desired goal of reducing irrigation run time durations. Options could include,
but are not limited to, modification/replacement of existing irrigation pumps, piping (addition of second
piping loop), valve configuration, and an evaluation of the current irrigation control system.Type of
options for alternatives chemical(s) utilized for salinity reduction is not part of this study.
Options will be presented using cost estimates, sketches, manufacturer cut sheets, and/or mark-up of
photographs taken for depiction.
Task 403: Permanent Irrigation Storage
The Town has considered utilizing Sanitation District AWT effluent for irrigation. Due to space constraints
at the AWT,the Sanitation District has indicated the Town would be responsible for sizing and locating a
storage tank in/near the park. Consultant will develop conceptual-level improvements for sizing and
siting an irrigation storage tank including:
• Town will provide five years of monthly irrigation flow data. Consultant will review data to identify
optimal required tank storage volume.
• Consultant will also compare the inflow rates provided in Task 102 with the irrigation use
(outflow) rates over the course of the year. Depending on the findings, it may be determined the
reduction in inflow may have negative unintended consequences such as impact to aquatic life
due to higher salinity concentrations, or additional mechanical or chemical treatment to prevent
odors, etc.
• Once volume is identified and agreed to by Town, Consultant will develop concept-level plans
and sections for siting the tank in up to two (2) locations.
• Concepts will include:
o points of connection with existing irrigation system o points of connection
with AWT
o points of connection with alternative (potable)source if AWT is offline
• If desired to explore further, consultant's sub-consultant will identify up to two (2)options for
dual use of the reservoir, including, but not limited to, recreational use of reservoir deck,
landscaping over a buried reservoir as a supplemental service.
6
Task Group 400 Deliverables:
• None; findings will be discussed at monthly meetings and documented in final Technical
Memorandum (Task 500).
Task 500-Technical Memorandum
Consultant and subconsultant will summarize condition assessment findings, review of operating and
work order history, discussions with the Town, improvement options, and other logistics evaluations as
described in Task Group 100, 200, 300, and 400 in Draft Technical Memorandum for Town review and
comment. Consultant and subconsultant will review Town comments, incorporate agreed upon comments
and deliver a Final Technical Memorandum.
Task Group 500 Deliverables:
• Draft and Final electronic(pdf)submittal of Technical Memorandum #1 - Fountain System Improvements
Study
Task Group 600- Project Management
Task 601: General Management and Administration
The Consultant will provide general coordination of the project with Town staff to facilitate the project.
Consultant will develop and maintain the Phase I project schedule and perform other administrative
functions including maintaining project data files, tracking project progress and invoicing.
Phase I project management documentation will consist of monthly progress reports and schedule
updates. The monthly project reports will summarize the work progress and project schedule status.
Task 602: Conduct Project Kickoff Meeting and Monthly Progress Meetings
At the project kickoff meeting, Consultant will present the scope of the initial assessment planning and the
preliminary schedule. The meeting will include Consultant and Town staff and is intended to develop a
common understanding of the background, Phase I evaluation project goals and objectives, lines of
communication, and issues that may affect Phase I execution including coordination with Town to
facilitate field evaluations. Kickoff meeting topics will include the following:
• Confirmation of existing conditions
• Confirmation of project components
• Confirmation of any data needs/requests
• Coordination with any ongoing work by others
• Budget constraints
For subsequent Phase I progress meetings, the Consultant will prepare meeting documentation and
conduct meetings to discuss the progress, direction and technical aspects of the project. Project
documentation will consist of preparing and distributing meeting agendas and minutes. Consultant will
provide draft meeting minutes to the Town for review and will summarize key discussions, comments,
decisions, and any action items required. Final minutes incorporating comments from the Town on the
draft minutes, as required. Up to three (3)additional project progress meetings are anticipated as part of
the work scope tasks. Each hour-long meeting is anticipated to be attended by the project manager and
lead civil engineer; additional lead discipline engineers and subconsultant will attend based on the topic. It
is anticipated the Subconsultant will attend the kickoff meeting and one (1) progress meeting.
Task 603: Conduct Council Presentation of Findings
Consultant will utilize the outcomes of tasks 100-500 to prepare non-technical figures to summarize the
study findings for presentation to the Town Council and publication for the public. Information will include
overview of completed study and plan for Phase II process. Presentation information is anticipated to
include PowerPoint presentation, one (1)visual aid board, and 8.5"x11" (or smaller) handout. Consultant
will prepare for and attend one council meeting.
Task Group 600 Deliverables:
• Meeting Agenda and Minutes, with Action Items
• Draft and Final Materials for Council Presentation
• Document and Data Request Log
• Action Items and Decision Log
• Monthly Invoices, Progress Reports, and Project Schedule Updates
SCHEDULE
See attached Schedule Exhibit C.
BUDGET
See attached Level of Effort Exhibit D.
SUPPLEMENTAL SERVICES
Any additional work requested by the Town that is not included in this scope of services will be treated as
supplemental services or included in a subsequent detailed design task. The scope and fee associated
with these additional supplemental services shall be agreed upon by Town and Consultant generally
before the work is performed.
• Additional days of diver service to assess liner condition or cleaning of the pump station intake
• Public outreach/comment period for proposed rehabilitation
o Cost impacts (bonds/rates, etc.)o
Aesthetic impacts of construction
• Short circuit and arc flash hazard analyses after any proposed electrical improvements
• Assessment of pump station/electrical room building, roof, and/or ventilation/HVAC
• Options for dual use/landscaping of permanent irrigation storage
• Further discussion/coordination with the Fort McDowell Tribe to explore and confirm the Tribe's
assertion that the influence of treated effluent on their potable water is from the Town's lake or
another source (i.e. Sanitation District ASR wells)
• Meetings with other stakeholders as identified
• r r • r r r r r r r r r r r r r r r r Iry r r r r r r r r
" �e3s , FR H mnim 33' 3
s, _ 1 It
•
o=
»" • »n n» rv »»
If
11
M 3 8 €.8 . n 8 . . -ry - , "8.4 . R X ry Fi -
b
8
8 e
b »
8 , , .q 8 ry ry a
w N n ry
n »
ww 8 »
. » »
d$ 8 , . . » w
'.$ 8 • . . , n ry R
wb »
n N»
Y i 8 . , , .
8w "
,_ 8 e e < N»
26
a 8 . » - 3
sE 8
ill nrvry rvrvrvry rva—� »
E= 8 8
av 8
8; 8 »
u`g 'i »
N n a
8 . , . »
it »
Q80008800e8§-amoo888g 8
i00000 00000o8'nR8888`d8888
T P
UD 3
s 8 `s�
a .,�8 E - i k. °.E.1 0,
» Ste'
_ w� E �'E EOm moo .E� » 9
& -
O wyc4— e : o,i- ` i $ rnrn E �_ ~
"YiN5,Wf/JYs,E °C}3$ p tt! !aA = mot
Q c O= n .tl S _
a mu°. w' g �a 1 b19' ry n
» w
DERIVATION OF COST PROPOSAL:DESIGN SERVICES
Town of Fountain Hills Fountain Rehabilitation Study
Black and Veatch
J2 Engineering and Environmental Design,LLC
Task 401 Irrigation System/Splash Pad Condition Assessment $1,861.00
Task 102 Liner Condition Assessment $1,656.00
Task 402 Irrigation System/-Splash-.Pact Improvement Options ■$7,807.00 $5,239.04
Task500 Technical Memorandum $5,992.00$5,311.88
laigdiiun Otuiay $1,161.00
Task 601 Project Management $1,825.00
Total J2 Fee All Task -$ 9,O .4t£-$15,892.92
DERIVATION OF COST PROPOSAL:DESIGN SERVICES TASK 102
Town of Fountain Hills Fountain Rehabilitation Study
Black and Veatch
J2 Engineering and Environmental Design,LLC
Estimated direct labor and rates
Classification Estimated
Hours Weighted Rates Total
Project Manager-Sr 2 $208.66 $417.32
Project Engineer-Sr. 4 $180.70 $722.80
Project Engineer 4 $128.88 $515.52
Registered Landscape Architect 0 $123.42 $0.00
Designer 0 $83.39 $0.00
Designer-Sr 0 $120.63 $0.00
Total Hours Total Labor $1,655.64
10
Total Estimated Labor: $1,655.64
Total Estimated Labor and Overhead: $1,655.64
Estimated Total
Estimated Direct Expenses Expenses
Printing,Reproduction,
Reprographics,Supplies Etc. *Included in Overhead* $0.00
Total Direct Expenses $0.00
Subconsultants:Design
None $0.00
Total Estimated Outside Services: $0.00
Total Estimated Cost J2 and Subconsultant $1,655.64
Total Cost: $1,656.00
J2 Engineering and Environmental Design LLC
J 1/21/2020
JefflEngelntenn,RLA,ASLA Date
Principal
Project Project Registered
Task Project Designer-
Task. Manager- Engineer- Landscape Designer Total
Number Engineer Sr
Sr Sr. Architect
102 Liner Condition Assessment
Lake Leakage Tests Means and Methods 1 2 0 3
Lake Leakage Calculations from Tests Results 1 2 4 7
0
Grand Total Design: 2 4 4 0 0 0 10
Town of Fountain Hills Fountain Rehabilitation Study
Black and Veatch
J2 Engineering and Environmental Design,LLC
Estimated Hours
Estimated direct labor and rates
Classification Weighted Rates Total
Project Manager-Sr 0 $208.66 $0.00
Project Engineer-Sr. 0 $180.70 $0.00
Project Engineer 0 $128.88 $0.00
Registered Landscape Architect 9 $123.42 $1,110.78
Designer 9 $83.39 $750.51
Designer-Sr 0 $120.63 $0.00
Total Labor $1,861.29
Total Hours 18
Total Estimated Labor:
Total Estimated Labor and Overhead:
Estimated
Total
Estimated Direct Expenses
—r
Printing,Reproduction,
Reprographics,Supplies Etc. *Included in Overhead* $0.00
Total Direct Expenses
Project Project Registered
Task Project Designer-
Number Task: Manager- Engineer- Engineer Landscape Designer Sr Total
Sr Sr. Architect
401 Irrigation System I Splash Pad Condition Assessment
Site Field Visit to Investigate Existing Irrigation System and Splash Pad
Components 5 5 10
Site Field Visit Memo/Notes 4 4 8
0
Grand Total Design: 0 0 0 9 9 0 18
I
Town of Fountain Hills Fountain Rehabilitation Study
Black and Veatch
J2 Engineering and Environmental Design,LLC
Total Estimated Labor:
Total Estimated Labor and Overhead:
Estimated
Total
Estimated Direct Expenses
Printing,Reproduction,
Reprographics,Supplies Etc. *Included in Overhead* $0.00
Total Direct Expenses
J2 Engineering and Environmental Design LLC Total Estimated Outside Services:
Total Estimated Cost J2 and Subconsultant
J mann,RLA,ASLA
Principal
Project Project Registered
Task Project Designer-
Task: Manager- Engineer- Landscape Designer Total
Number Engineer Sr
Sr Sr. Architect
4021rrigation System"/Splash Pad Improvement Options
Develop two(2)viable options for Irrigation System Upgrades 12 8 20
Graphics,Plan Views,Cut Sheets,Sections,Photo Markups for Report 4 8 16 28
0
Grand Total Design: 0 0 0 26 32 16 74
DERIVATION OF COST PROPOSAL:DESIGN SERVICES TASK 403
Town of Fountain Hills Fountain Rehabilitation Study
Black and Veatch
J2 Engineering and Environmental Design,LLC
Estimated direct labor and rates
Classificati- on Estimated Weighted Rates Total
Project Onager-Sr 0 $208.66 $0.00
Project Engine^-Sr. 0 $180.70 $0.00
Project Enginee\ 0 $128.88 $0.00
Registered Landscape Architect \ 4 $123.42 $493.68
Designer \8 $83.39 $667.12
Designer-Sr $120.63 $0.00
Total Labor $1,160.80
Total Hours 12
Total Estimated Labor:
Total Estimated Labor and Overhead:
Estimated
Expenses
Total
Estimated Direct Expenses
Printing,Reproduction,
Reprographics,Supplies Etc. *Included in Overhead* \ $0.00
Total Direct Exposes
J2 Engineering and Environmental Design LLC Total Estimated Outside Services:
Total Estimated Cost J2 and Subconsultant
1/21/2020
JeffErtgelmann,RLA,AS LA
Principal
Fee Schedule
1/21/2020
J2 Engineering and Environmental Design, LLC
1
i
Task Project Project projneer ! t ect j Registered Deaigner-
(Task: Manager- Engineer-
Engineer Landscape Designer Total
Numbers Sr
Sr Sr. 1 Architect
1
403 Permanent rrigation Storage i
1
Two(2)options for ., use of water storage tank surface treatment 4 8 12
0
Grand Total Design: 0 0 0 4 8 0 12
DERIVATION OF COST PROPOSAL:DESIGN SERVICES TASK 500
Town of Fountain Hills Fountain Rehabilitation Study
Black and Veatch
Estimated direct labor and rates
J2 Engineering and Environmental Design,LLC
Classification Estimated Weighted Rates Total
Hours
Project Manager-Sr 6 $208.66 $1,251.96
Project Engineer-Sr. 6 $180.70 $1,084.20
Project Engineer 8 $128.88 $1,031.04
9 $1110.78
Registered Landscape Architect 40 I I,,,i,1,
10 $833.90
Designer n.i
Designer-Sr 0 $120.63 $0.00
39 $5311.88
Total Hours 43- Total Labor $5,602.08
Total Estimated Labor:
Total Estimated Labor and Overhead:
Estimated Direct Expenses Total
Expenses
Printing,Reproduction,
Reprographics,Supplies Etc. *Included in Overhead* $0.00
Total Direct Expenses
Jeff Engelmann,RLA,ASLA
Principal
Project Project Registered
Task Project Designer-
Number Task: Manager- Engineer- Engineer Landscape Designer Sr Total
Sr Sr. Architect
500Technical Memorandum
Initial Technical Memorandum for Lake Leakage, Irrigation, Spray Pad 3 7 20
Submittal 1 4 5 A Sr 79
QAQC Technical Memorandum and Cost Data 2 2 4
0
3 11
Final Technical Memorandum for Lake Leakage,Irrigation,Spray Pad i 2 3 2
QAQC Technical Memorandum and Cost Data 2 2 4
Grand Total Design: 6 6 8 10 12 0 42
DERIVATION OF COST PROPOSAL:DESIGN SERVICES TASK 601
Town of Fountain Hills Fountain Rehabilitation Study
Black and Veatch
J2 Engineering and Environmental Design,LLC
Estimated direct labor and rates Glassification
Total Labor
$1,824.72
Total Estimated Labor:
Total Estimated Labor and Overhead:
Estimated
Expenses
Total
Estimated Direct Expenses
Printing,Reproduction,
Reprographics,Supplies Etc. *Included in Overhead* $0.00
Total Direct Expenses
Project Project Registered
Task Project Designer-
Task: Manager- Engineer-
Engineer Architect
Landscape Designer Total
Number Sr
Sr Sr.
601 Project Management
3 6
Kickoff Meeting(1)
3 3
3
Progress Meeting(1) 6
0
Grand Total Design: 0 6 0 6 0 0 12
Rubicon Applied Divers 12141
E1101114.4111. N. Sunset Vista Drive Fountain
Hills, AZ 85268 Main: 602-258-
1116 FAX: 480-214-0118
www.applieddivinq.com Arizona
License No. ROC 160416
California License No. 942354
RUBICON APPLIED
DIVERS -
PROPOSAL
"Excellence in a
Rugged
Environment"
RAD Quote#: 20-174
Client: Black and Veach
Contact: Mike Caruso
Location: Fountain Hills, AZ
CONFIDENTIALITY
This document is the exclusive property of Rubicon Applied Divers,Inc.It has been provided for the purpose for which it has seen
supplied and is not for general disclosure.The person or entity receiving this document agrees to ensure the information contained
herein is only disclosed to those persons or entities having a legitimate right to receive it.The recipient should urther note that this
document is not to be distributed or disclosed in whole or in part to any third parties without the prior written consent of Rubicon Applied
Divers,Inc.
Rubicon Applied Divers
12141 N. Sunset Vista Drive
Fountain Hills, AZ 85268
Main: 602-258-1116
FAX: 480-214-0118
www.apoieddivinq.comArizona License No.
ROC 160416
California License No. 942354
1 INTRODUCTION
1.1 REGULATIONS-
All services will be performed in
accordance with OSHA, confined
space protocols as well as all federal,
state, and local Regulations &
Guidelines.
2 GENERAL CRITERIA
Client: Black and Veach
Contact: Mike Caruso, carusome@bv.com
Address: 2231 East Camelback Road#250
Phoenix, AZ 85016
Phone Number: Cell: 480-298-2607
Location: Fountain Hills Lake
Terms: Net 30
Water Depth/Type: 15/contaminated -tertiary feed
Validity: 120 Days
Project Date: TBD
Project Duration: Approximately(3) 8-hour Onsite Work Days
SCOPE OF WORK
Black and Veach is requesting a quote to perform a survey of the fountain intake structure,
fountain feed piping, general fountain structure, and lake liner, as directed. Tactile inspection
will prevail and video documentation as turbidity allows
Rubicon Applied Divers
12141 N. Sunset Vista Drive
Fountain Hills, AZ 85268
Main: 602-258-1116
FAX: 480-214-0118
www.applieddivinq.comArizona License No. ROC 160416
California License No. 942354
0
*fi
■ Personnel
■ Equipment
■ All Consumables
6.1 MOBILIZATION / DEMOBILIZATION
Included in above pricing
In the event of a conflict between any terms and conditions or other agreement between COMPANY and
Applied Diving Services, Inc., the terms and conditions will control; except as may be specifically agreed
to in writing by both parties and signed by authorized representative.
7 CONDITIONS OF RATES
7.1. The CONTRACTOR will not absorb any weather downtime issues incurred for the
duration of the project.
7.2. CONTRACTOR proposal is contingent upon availability of personnel and
equipment.
7.3. CONTRACTOR'S proposal excludes all unforeseen applicable federal and state
charges. If charges are relevant to this job, CONTRACTOR will submit price at Cost
Plus 15%.
Rubicon Applied Divers
12141 N Sunset Vista Drive
KUIiUC?IPN Fountain Hills, AZ 85268
Main: 602-258-1116
FAX: 480-214-0118
"Excellence in a Rugged Environment" www.applieddiving.com
Arizona License No. ROC 160416
California License No. 942354
ATTACHMENT 1 - ACKNOWLEDGEMENT OF CONTRACT
Rubicon Applied Divers
12141 N. Sunset Vista
Drive Fountain Hills, AZ
85268 Phone (602)258-
1116 Fax (480)214-0118
Return to the Attention of Steve Moses
smoses@rubiconfab.com
Date: March 17,2020
Subject: Proposal Number: 20-174
We hereby acknowledge receipt and confirm our full acceptance of the documents referred to
under the subject and hereby fully agree on the contents of it without any reservation
whatsoever.
Dated:
Company:
Printed Name:
Authorized Signature:
PO:
ACCOUNTS PAYABLE EMAIL:
1