Contract No. 32500094- Harrington Planning & Design, LLC.pdf
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BUCKEYE
AND
HARRINGTON PLANNING & DESIGN, LLC
CONTRACT NO. 32500094
_______________________
and Harrington Planning & Design, LLC, an Arizona limited liability company (
RECITALS
A.
The City
Professional Services for the Downtown
a copy of which is on file in the City
incorporated herein
by reference, seeking statements of qualifications from vendors for professional consulting services.
B.
The Consultant submitted a Statement of Qualifications in response to the RFQ (the
,
and the
City desires to enter into an Agreement with the Consultant to provide Professional Services for the
Downtown Buckeye DCR project
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 City 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 for one (1) year, unless terminated as otherwise provided in this
Agreement.
2.
Scope of Work. The Consultant shall provide the Services as set forth in the Scope of Work
and Fee Proposal, attached hereto as Exhibit A and incorporated herein by reference. The Consultant
shall (i) provide the Services required by this Agreement, (ii) be responsible for all means, methods,
techniques, sequences, and proceedings associated with the Services, and (iii) be responsible for the acts
and omissions of its employees, agents and other persons performing any of the Services under a contract
with the Consultant.
3.
Compensation. The City shall pay the Consultant an amount not to exceed Five Hundred
Sixty Thousand Three Hundred Twenty-Five Dollars and Zero Cents ($560,325.00) for the Services at the
rates set forth in the Scope of Work and Fee Proposal.
4.
Payments. The City shall pay the Consultant monthly, based upon work performed and
completed to date, and upon submission and approval of invoices. All invoices shall document and itemize
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all work completed to date. Each invoice statement shall include a record of time expended and work
performed in sufficient detail to justify payment.
5.
Safety Plan. The Consultant shall provide the Services in accordance with a safety plan
that is
Standards Institute, and National Institute for Occupational Safety and Health standards. If, in the
shall notify the City, in writing, describing the reasons a safety plan is unnecessary. The City reserves the
right to request a safety plan following such notification.
6.
Documents. All documents, including any intellectual property rights thereto, prepared
and submitted to the City pursuant to this Agreement shall be the property of the City. The City may use
such documents for other purposes without further compensation to the Consultant; however, any reuse
without written verification or adaptation by the Consultant for the specific purpose intended will be at
the City
the Consultant.
7.
Consultant Personnel. The Consultant shall provide experienced personnel, capable of
and devoted to the successful performance of the Services under this Agreement. The Consultant agrees
to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire
City residents to fill vacant positions at all levels. The Consultant agrees that, upon commencement of
the Services to be performed under this Agreement, key personnel will not be removed or replaced
without prior written notice to the City. 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, the Consultant shall immediately notify the City of same and shall,
subject to the concurrence of the City, replace such personnel with personnel possessing substantially
equal ability and qualifications.
8.
Inspection; Acceptance. All work shall be subject to inspection and acceptance by the City
at reasonable times during the Consultant
self-inspection system that is acceptable to the City.
9.
Licenses. The 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 City
has no obligation to provide the Consultant, its employees, or subcontractors any business registrations
or licenses required to perform the specific services set forth in this Agreement.
10.
Materials; Equipment. The Consultant shall provide, pay for, and insure under the
requisite laws and regulations all labor, materials, equipment, tools, transportation, and other facilities
and services necessary for the proper execution and completion of the Services.
11.
Performance Warranty. In addition to any specific obligations set forth in Exhibit A, the
Consultant warrants that the Services rendered will conform to the requirements of this Agreement and
shall be carried out 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.
12.
Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify
and hold harmless the City and each council member, officer, employee, or agent thereof (the City and
any and all losses,
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court costs and the costs of appellate proceedings) to which any such Indemnified Party may become
subject, under any theory of liability whatsoev
respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the
Consultant, its officers, employees, agents, or any tier of subcontractor in connection with the
Co
coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity
in this Section.
13.
Insurance.
13.1
General.
A.
Insurer Qualifications. Without limiting any obligations or liabilities of the
Consultant, the 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 City. Failure to maintain insurance as specified herein may
result in termination of this Agreement at the City
B.
No Representation of Coverage Adequacy. By requiring insurance herein,
or by approving or expressing satisfaction with insurance policies and forms pursuant to the
provisions of this agreement, the City does not represent that coverage and limits will be
adequate to protect the Consultant. The City 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 the 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
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
City, its agents, representatives, officers, directors, officials and employees as Additional Named
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 City, unless
specified otherwise in this Agreement.
E.
Primary Insurance. The Consultant
with respect to performance of this Agreement and in the protection of the City as an Additional
Insured.
F.
Claims Made. In the event any insurance policies required by this
coverage in force or purchasing an extended reporting option, for three years past completion
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and acceptance of the services. Such continuing coverage shall be evidenced by submission of
annual Certificates of Insurance and necessary endorsements citing applicable coverage is in force
and contains the provisions as required herein for the three-year period.
G.
Waiver
Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the
City, its agents, representatives, officials, officers, and employees for any claims arising out of the
work or services of the Consultant. The 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 City. The 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, the Consultant shall execute written agreements with its
subcontractors containing the indemnification provisions set forth in this Section and insurance
requirements set forth herein protecting the City and the Consultant. The 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, the Consultant will provide the City with suitable evidence of insurance in the
form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as
required by this Agreement, issued by the Consultant
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. Confidential information such as the policy premium
may be redacted from the declaration page(s) of each insurance policy, provided that such
redactions do not alter any of the information required by this Agreement. The City shall
reasonably rely upon the certificates of insurance and declaration page(s) 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 the Consultant
forward renewal certificates and declaration page(s) to the City 30 days prior to the expiration
date. All certificates of insurance and declarations required by this Agreement shall be identified
by referencing this Agreement. A $25.00 administrative fee shall be assessed for all certificates
or declarations received without the appropriate reference to this Agreement. Additionally,
certificates of insurance and declaration page(s) of the insurance policies submitted without
referencing this Agreement will be subject to rejection and may be returned or discarded.
Certificates of insurance and declaration page(s) shall specifically include the following provisions:
(1)
The City, its agents, representatives, officers, directors, officials,
and employees are Additional Insureds as follows:
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(a)
Commercial General Liability Under Insurance Services
4 13 or equivalent.
(b)
Auto Liability Under ISO Form CA 20 48 or equivalent.
(c)
Excess Liability Follow Form to underlying insurance.
(2)
The Consultant
with
respect to performance of this Agreement.
(3)
Compensation, waive rights of recovery (subrogation) against the City, its agents,
representatives, officers, officials, and employees for any claims arising out of work or
services performed by the Consultant under this Agreement.
ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance
form 25 (2001/08)
to mail such notice shall impose no obligation or liability of any kind upon the company, its agents
form shall have similar
restrictive language deleted.
K.
Endorsements. The Consultant shall provide the City with the necessary
endorsements to ensure the City is provided the insurance coverage set forth in this Section 13.
13.2
Required Insurance Coverage.
A.
Commercial General Liability. The Consultant shall maintain
than $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
the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the
City, 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
04 13, or equivalent, which shall read
ude as an
insured the person or organization shown in the Schedule, but only with respect to liability arising
If any Excess insurance is utilized to fulfill the
coverage scope than underlying insurance.
B.
Vehicle Liability. The Consultant shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on the Consultant
,
and non-
est extent allowed by law, for
claims arising out of the performance of this Agreement, the City, its agents, representatives,
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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
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, errors, and omissions the Consultant is legally liable, with an unimpaired liability
insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate.
D.
. If the Consultant employs anyone
shall
statutes having jurisdiction over the Consultant
or services under this Agreement and shall also maintain Employers Liability Insurance of not less
than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease
policy limit.
13.3
Cancellation and Expiration Notice. The Consultant shall provide at least 30 days
prior written notice to the City before insurance required herein expires, is canceled, or is materially
changed.
14.
Termination; Cancellation. The City may, by written notice to the Consultant as set forth
in this Section, terminate this Agreement in whole or in part.
14.1
For City
. This Agreement is for the convenience of the City and, as
such, may be terminated without cause after receipt by the Consultant of written notice by the City. Upon
termination for convenience, the Consultant shall be paid for all undisputed services performed to the
termination date.
14.2
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
nat
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 City to the Consultant for the
undisputed portion of its fee due as of the termination date.
14.3
Due to Work Stoppage. This Agreement may be terminated by the City upon 30
the Consultant in the event that the Services are permanently abandoned. If the
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Consultant abandons the Services without the consent of the City, the Consultant shall be liable for all
actual, incidental, and consequential damages arising from or related to said abandonment, including, but
not limited to: (A) the difference between the cost of a replacement consultant to complete the Services
and the contract price for the Consultant under this Agreement; and (B) any additional charges, costs, fees
or expenses for labor, materials or professional services incurred by the City as a result of delays caused
by abandonment of the Services by the Consultant. The City shall use its best efforts to replace the
Consultant within a reasonable time.
14.4
Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT.
§ 38-511. The City may cancel this Agreement without penalty or further obligations by the City 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 City 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.
14.5
Gratuities. The City may, by written notice to the Consultant, cancel this
Agreement if it is found by the City that gratuities, in the form of economic opportunity, future
employment, 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 City for the purpose of securing
this Agreement. In the event this Agreement is canceled by the City pursuant to this provision, the City
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.
14.6
Agreement Subject to Appropriation. The City is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted
for that purpose during the City
-current fiscal year. The City
iscretion of the City
concerning budgeted purposes and appropriation of funds. Should the City elect not to appropriate and
budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of
the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose
and the City shall be relieved of any subsequent obligation under this Agreement. The parties agree that
the City has no obligation or duty of good faith to budget or appropriate the payment of the City
obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which
this Agreement is executed and delivered. The City shall be the sole judge and authority in determining
the availability of funds for its obligations under this Agreement. The City shall keep the Consultant
informed as to the availability of funds for this Agreement. The obligation of the City to make any payment
pursuant to this Agreement is not a general obligation or indebtedness of the City. The Consultant hereby
waives any and all rights to bring any claim against the City from or relating in any way to the C
s
termination of this Agreement pursuant to this Section.
14.7
Obligations Upon Receipt of Termination Notice. Upon receipt of a notice of
termination as set forth above, the Consultant shall (A) immediately discontinue all Services affected
(unless the notice directs otherwise), and (B) deliver to the City copies of all data, reports, calculations,
drawings, specifications, and estimates entirely or partially completed, together with all unused materials
supplied by the City, related to the Services including any completed divisible part of the Services which
can be deemed to stand alone (the completed divisible parts of the Services will be determined by both
parties at the time of termination). Such termination shall not relieve the Consultant of liability for errors
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and omissions. Any use of incomplete documents for the Services or for any other project without the
specific written authorization by the Consultant will be without liability or legal exposure to the
Consultant. The Consultant shall appraise the work it has completed and submit the appraisal to the City
for evaluation.
15.
Suspension of Work.
15.1
Order to Suspend. The City may, for its convenience, order the Consultant, in
writing, to suspend all or any part of the Services for such period of time as it may determine to be
appropriate.
15.2
Adjustment to Contract Sum. If the performance of all or any part of the Services
is, for any unreasonable period of time, suspended or delayed by an act of the City in the administration
of this Agreement, or by its failure to act within the time specified in this Agreement (or if no time is
specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance
of this Agreement necessarily caused by such unreasonable suspension or modified in writing accordingly.
However, no adjustment shall be made under this clause for any suspension or delay (A) to the extent
that performance was suspended or delayed for any other cause, including the fault or negligence of the
Consultant, or (B) for which a change order is executed.
16.
Miscellaneous.
16.1
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 City. The Consultant, its employees,
benefits from the City. The City does not have the authority to supervise or control the actual work of the
Consultant, its employees or subcontractors. The Consultant, and not the City, shall determine the time
of its performance of the services provided under this Agreement so long as the Consultant meets the
requirements of its agreed Scope of Work as set forth in Section 2 and in Exhibit A. The Consultant is
neither prohibited from entering into other contracts nor prohibited from practicing its profession
elsewhere. The City and the Consultant do not intend to nor will they combine business operations under
this Agreement.
16.2
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 courts in Maricopa County,
Arizona.
16.3
Laws and Regulations. The 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
City and County ordinances and regulations, (B) existing and future State and Federal laws, and (C) existing
and future OSHA standards.
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16.4
Amendments. This Agreement may be modified only by a written amendment
signed by persons duly authorized to enter into contracts on behalf of the City and the Consultant.
16.5
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.
16.6
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 that may remain in effect without the invalid provision
or application.
16.7
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.
16.8
Assignment; Delegation. No right or interest in this Agreement shall be assigned
or delegated by the Consultant without prior, written permission of the City, signed by the City Manager.
Any attempted assignment or delegation by the Consultant in violation of this provision shall be a breach
of this Agreement by the Consultant.
16.9
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 City. 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 the Consultant.
16.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the City 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 City 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 City
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 City to insist upon the strict
performance of this Agreement.
16.11
. 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 attorney
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reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to
have accrued on the commencement of such action and shall be enforced whether or not such action is
prosecuted through judgment.
16.12 Liens. All materials or services shall be free of all liens and, if the City requests, a
formal release of all liens shall be delivered to the City.
16.13 Offset.
A.
Offset for Damages. In addition to all other remedies at law or equity,
the City may offset from any money due to the Consultant any amounts the Consultant owes to
the City for damages that have been reduced to a judgment resulting from breach or deficiencies
in performance or breach of any obligation under this Agreement.
B.
Offset for Delinquent Fees or Taxes. The City may offset from any money
due to the Consultant any amounts the Consultant owes to the City for delinquent fees,
transaction privilege use taxes, and property taxes, including any interest or penalties.
16.14 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:
If to the City:
City of Buckeye
530 E. Monroe Avenue
Buckeye, Arizona 85236
Email: Contracts@buckeyeaz.gov
With copy to:
City of Buckeye
530 E. Monroe Avenue
Buckeye, Arizona 85326
Email: Legal@buckeyeaz.gov
If to Consultant:
Harrington Planning & Design, LLC
4711 E. Falcon Drive, Suite 222
Mesa, Arizona 85215
Attn: Jason Harrington, Principal
Email: jason@harringtonplanningdesign.com
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
other recipient, the provisions above governing the date on which a notice is deemed to have been
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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.
16.15 Confidentiality of Records. The Consultant shall establish and maintain
procedures and controls that are acceptable to the City for the purpose of ensuring that information
contained in its records or obtained from the City 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 the Consultant
Persons requesting such information should be
referred to the City. The Consultant also agrees that any information pertaining to individual persons shall
not be divulged other than to employees or officers of the Consultant as needed for the performance of
duties under this Agreement.
16.16 Information Technology.
A.
Limited Access. If necessary for the fulfillment of this Agreement, the City
may provide the Consultant with non-
technology infrastructure. The Consultant understands and agrees to abide by all City policies,
standar
communication technology resources. The Consultant shall enforce all such policies, standards,
regulations, and restrictions with all the
subcontractor granted access in the performance of this Agreement and shall be granted and
authorized only such access as may be necessary for the purpose of fulfilling the requirements of
this Agreement.
B.
Permitted Access
subcontractors must receive prior, written approval from the City before being granted access to
discretion, shall determine accessibility and limitations thereto. The Consultant agrees that the
requirements of this Section shall be incorporated into all subcontractor/subconsultant
agreements entered into by the Consultant. It is further agreed that a violation of this Section
shall be deemed to cause irreparable harm that justifies injunctive relief in court.
Notwithstanding the provisions in Section 14, a violation of this Section may result in immediate
termination of this Agreement without notice.
C.
Data Confidentiality. All City data and technical information, regardless
of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted
to the Consultant in connection with this Agreement, are confidential, proprietary information
owned by the City. Except as specifically provided in this Agreement, the Consultant shall not,
without the prior, written consent of the City Manager or authorized designee, (A) disclose data
generated in the performance of the services to any third party, or (B) use City data and
information.
D.
Data Security. Personal identifying information, financial account
information, or restricted City information, whether in electronic format or hard copy, must be
secured and protected at all times to avoid unauthorized access. At a minimum, the Consultant
must encrypt and/or password-protect electronic files. This includes data saved to laptop
computers, computerized devices, or removable storage devices. When City information,
regardless of its format, is no longer required by the Consultant to execute the work contracted
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by the City, the information must be redacted or destroyed through appropriate and secure
methods to ensure the information cannot be viewed, accessed, or reconstructed.
E.
Compromised Security. In the event that data collected or obtained by
the Consultant in connection with this Agreement is believed to have been compromised, the
Consultant shall immediately notify the City Manager, or authorized City designee. The
Consultant agrees to reimburse the City for any costs incurred by the City to investigate potential
breaches of this data by the Consultant and, where applicable, the cost of notifying and/or
assisting individuals who may be impacted by the breach.
F.
Disengagement. In the event this Agreement is terminated by either
party, the Consultant agrees to confer back to the City all of its data, in usable and normalized
format, within 30 days of notice of termination. There shall be no charge for the return of City
data to the City.
G.
Survival. The obligations of the Consultant under this Section 16.16 shall
survive the termination of this Agreement.
16.17 Records and Audit Rights. To ensure that the Consultant and its subcontractors
are complying with the warranty under subsection 16.18, the Consultant
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any of the Consultant
employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter
nd subject to audit and/or reproduction during
normal working hours by the City, to the extent necessary to adequately permit (A) evaluation and
verification of any invoices, payments or claims based on the Consultant
costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in
iance with the Arizona employer sanctions laws referenced in subsection 16.18. To
the extent necessary for the City to audit Records as set forth in this subsection, the Consultant and its
subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating
or verifying such actual or claimed costs or units expended, the City shall have access to said Records,
of the work and until three years after the date of final payment by the City to the Consultant pursuant to
this Agreement. The Consultant and its subcontractors shall provide the City with adequate and
appropriate workspace so that the City can conduct audits in compliance with the provisions of this
subsection. The City shall give the Consultant or its subcontractors reasonable advance notice of intended
audits. The 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.
16.18 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). The Consultant
shall be deemed a material breach of this Agreement and may result in the termination of this Agreement
by the City.
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
12
16.19 Israel. To the extent ARIZ. REV. STAT. § 35-393 through § 35-393.03 are applicable,
the parties hereby certify that they are not currently engaged in, and agree for the duration of this
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in ARIZ.
REV. STAT. § 35-393.
16.20 Conflicting Terms. In the event of any inconsistency, conflict, or ambiguity among
the terms of this Agreement, any amendments, the Scope of Work, any City-approved Purchase Order, or
the Fee Proposal, the documents shall govern in the order listed herein.
16.21 Time is of the Essence. The timely completion of the Services is of critical
importance to the economic circumstances of the City.
16.22 Meaning of Terms. References made in the singular shall include the plural and
the masculine shall include the feminine or the neuter.
16.23
Non-Exclusive Contract. This Agreement is entered into with the understanding
and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like
goods and services from another source when necessary.
16.24
Forced Labor of Ethnic Uyghurs. To the extent applicable under ARIZ. REV. STAT. §
35-394, the Vendor warrants and certifies that it does not currently, and agrees for the duration of this
Agreement that it will not use the forced labor, any goods or services produced by the forced labor, or
any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced
that it is not in compliance with this paragraph, the Vendor shall notify the Town of the noncompliance
within five business days of becoming aware of it. If the Vendor fails to provide a written certification that
the Vendor has remedied the noncompliance within 180 days after that, this Agreement shall terminate
unless the termination date of this Agreement occurs before the end of the remedy, in which case this
Agreement terminates on the contract termination date.
16.25 Clickwrap Terms Excluded. In the event the
terms of sale or service
anding shall in any way modify a City issued or approved
contract or the terms of this Professional Services Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first set forth above.
City
Consultant
CITY OF BUCKEYE,
HARRINGTON PLANNING & DESIGN, LLC,
an Arizona municipal corporation
an Arizona limited liability company
David B. Roderique, Interim City Manager
Jason Harrington, Principal
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
William Kauppi, Chief Financial Officer
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
14
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BUCKEYE
AND
HARRINGTON PLANNING & DESIGN, LLC
[Scope of Work and Fee Proposal]
See following pages.
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
15
Harrington Planning + Design
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
August 14, 2025
Mr. James Braveboy, Jr.
Senior Project Manager
City of Buckeye
3020 E. Camelback Road, Suite 201
Buckeye, Arizona 85016
480.365.9930
Dear James,
Thank you for the opportunity to support the City of Buckeye on the Downtown Buckeye DCR
project. This project will develop a DCR report and engineering design to expand Monroe
Avenue between Miller Road (First Street) and 9th Street for approximately 0.75 miles. This
project will also capture connection roadways and alleys as part of the downtown area identified
in the Downtown Specific Area Plan (DSAP).
Our team, including Dibble as our engineering sub-consultant, will provide meetings &
coordination (with 10 virtual events / 2 in-person, and other noted events), Public Engagement
(including public / stakeholder / and Council workshops), Data collection, Data Analysis of
collected information, Development of concept alternatives (3 options), Refinement or redesign
of 1 preferred alternative, identification of Funding source options, identification of a
constructability approach, packaging and assembly of a draft DCR report, and packaging and
assembly of a final DCR report for the Downtown project.
We anticipate this project to be developed within an 11-month period from notice to proceed.
During the project kick-off event, we intend to develop a milestone schedule with meeting
events identified with input from the City of Buckeye. Assumes 11-month DCR schedule starting
9/25 and ending 8/26.
Phase 3 Downtown preliminary layout exhibit 3rd to 4th Street
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
16
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
SCOPE OF WORK
Task 1.0
Meetings & Coordination
1. General coordination via phone and email. HP+D shall coordinate with the City of
Buckeye Staff to determine direction for the DCR. Administration of project: general
coordination outside of team, monthly invoicing, internal team management is
included.
2. Provide external team meetings with Buckeye x 12 events (11 months virtual x 10,
live x 2 Kick off / late site visit following draft DCR). Attend two (2) teleconference /
progress meeting phone conferences during the project development. Meetings are
presumed to be 1-hour per event. Meetings shall be utilized to confirm design
vision/specific site issues and collaborate on project development. An allowance task
for additional meetings is noted under Task 11.0 & 12.0 for a per event of virtual
and live/in-person meetings in Buckeye.
3. Provide internal meetings with Design Team x 11 (monthly team internal coordination)
for virtual events like check-in, coordination, collaboration activities.
4. Prepare meetings agendas / meeting notes / records of decisions for all meetings and
Task 2.0 efforts. All materials will be issued as PDF format files and record the project
development.
5. Provide QC/QA tasks for each delivery for entire project tasks and deliverables,
including the DCR packages and public / stakeholder meetings.
Task 2.0
Public Engagement /Stakeholder & Council Workshop Meeting
1. Provide meetings for Public / Open House x 2 events in the City of Buckeye at a City
provided establishment. Public meeting is proposed at a project intro event / input
gather & a second event at a concept review following draft DCR package and prior to
final DCR package. Public meetings are anticipated to be in-person live and include
several color presentation exhibits, a PowerPoint presentation summary of events and
project goals, a roll plot, meeting agendas and questionnaire, meeting sign in sheets,
and summaries of findings for each event. Refreshments are not included, nor will they
be provided for attendees. No website hosting will be provided by the design team. No
online surveys or statistic gathering will be provided by the design team.
2. Conduct meetings for Business / Property Stakeholders (key invite only) x 2 events.
Meetings are proposed to occur at 1 early stage (1st 3 months) and at pre-final DCR
time stages. Stakeholder events are anticipated to be in-person for a workshop /
collaboration environment. Location to be provided by the City of Buckeye. Workshops
will include roll plot prints and be limited to no greater than a 2-hour event for each
occurrence.
3. Conduct meetings for Utility Stakeholders (key invite only) x 3 events. Meetings are
proposed to occur at early / draft DCR / pre-final DCR stages of the project. Utility
Stakeholder events are anticipated to be a virtual TEAMS format event. Events will be
limited to no greater than a 2-hour event for each occurrence.
4. Conduct meetings for Council Presentation x 3 events. Meetings are proposed to take
place at pre-public 1st meeting / pre-draft DCR / pre-final DCR stages of the project.
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
17
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
Council Presentation events are anticipated to be in-person. Presentation events are
anticipated to be in-person at City Hall.
5. Conduct meetings for Council Workshops x 2 events. Meetings are proposed to take
place at pre-draft DCR / pre-final DCR stages of the project. Council Workshop events
are anticipated to be in-person. Workshop events are anticipated to be in-person for a
workshop / collaboration environment. Location to be provided by the City of Buckeye.
Workshops will include roll plot prints and be limited to no greater than a 2-hour event
for each occurrence.
6. Develop public meetings, stakeholders, council engagement graphics and materials.
Preparation for each event and follow up at end of each event time is included under
this task. Graphics are anticipated to include typical sections, existing conditions plans,
precedent imagery of proposed environments, photo documentation of the current
project area, and other exhibits required to communicate the vision during the
engagement process. Up to 8
graphic.
Task 3.0
Data Collection
1. A supplemental land survey may be needed beyond the materials collected during the
Dibble Area Drainage project. The survey is included in the Dibble scope of work tasks
within this document.
2. A supplemental utility mapping and materials task may be needed beyond the
materials collected during the Dibble Area Drainage project. The service is included in
the Dibble scope of work tasks within this document.
3. Collect online and printed reports, design tools, studies, codes, standards, details,
other impactful materials to develop concepts from. Materials will include local
Buckeye, Regional MAG, State of Arizona, or National source information relevant to
the project improvements and site conditions.
4. A supplemental potholing task may be needed beyond the materials collected during
the Dibble Area Drainage project. The service is included in the Dibble scope of work
tasks within this document.
5. Conduct a field visit of the project area as a live event. The field visit will be performed
to photo-document the existing site conditions and identify potential issues. This event
is separate from the kick-off event and will occur following collected materials to
provide a focus on what site conditions may pose a challenge.
6. Prepare a summary report of all collected information as a record of materials identified
during this task. The summary report will include what activities occurred and will
become part of the DCR document when the preparation of that report is scheduled.
The collection task will not include any field counts of pedestrian / bicycle or vehicle
circulation metrics. Collection of geotechnical information will not be included at the
DCR level and is anticipated to be added during a final design future task. We
understand that a separate project is underway for a HAWK crossing facility near
Monroe and 9th Street.
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
18
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
Task 4.0
Data Analysis
1. A review of the existing survey provided from prior / underway projects and any
additional supplemental survey will be conducted. This review will also assemble the
base mapping for use with any exhibits, graphics, or plan design needs.
2. A review of any utility information collected will be provided. Existing site utilities,
forecasted utilities and future needs, design criteria review of utility provides with
easements or prior rights, and clearance requirements will be included under this task.
3. A review of the collected development tools will be conducted. A table of standard
minimums and design requirements in a condensed summary will be included under
this task.
4. A contact list of stakeholders, utility providers, land ownership, and organizations
associated with the operations, maintenance, and programming of the Downtown
space will be prepared. The contact list will include name, title, phone, email, mailing
address and role for each individual listed.
5. A thorough review of the DSAP document will be conducted separate from the other
development tools under the data collection. A summary of findings and priorities will
be prepared to support the direction for concept alternatives proposed along Monroe
Avenue and any connecting streets or alley corridors.
6. Prepare an opportunity / constraints map for the entire project area will be provided
under this task. This graphic will summarize the findings of the existing conditions and
conformance with collected design standards and criteria. Op/Con map will be
developed using Adobe software and published as a PDF file.
7. Prepare a summary report of all data analysis information as a record of materials
reviewed during this task. The summary report will include what activities occurred and
will become part of the DCR document when the preparation of that report is
scheduled.
Task 5.0
Concept Development
1. Prepare entire corridor / area plan view alternatives for 3 options to consider as a
future preferred solution, assume 20 scale materials, color, Adobe software published
as a PDF file. Concepts shall include alternatives that are inspired by DSAP as well as
the prior interim phases created. The concepts will include layout, keynotes,
compliance with code and development requirements, and identify proposed
materials. Minor themes or character identification will be included with each option.
2. Prepare typical sections for 8 x locations, in color, using Photoshop. Sections will be
initially developed in CAD and published as a PDF file for enhancement in Adobe
software for existing cross-section conditions and proposed conditions with all 3
alternatives. These materials are intended to be cross utilized with public meetings,
stakeholder coordination, council workshops and be integrated with the DCR
submittals.
3. Prepare 3D models for 3 x alternatives, produce 1 x 24x36 exhibits summary per
alternative. The 3D model will be created using either Rhino software or Sketch-Up
software and rendered in a graphics program for realistic environments. The models
will be used to create unique viewpoints and support the analysis of a preferred
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
19
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
alternative as part of the final DCR recommendations. A single summary 2D exhibit
intended to be cross utilized with public meetings, stakeholder coordination, council
workshops and be integrated with the DCR submittals.
4. Prepare limited cost estimate for 3 x alternatives Dibble will develop cost estimates
with input from HP+D. Each design option will include a summary of items and material
quantities. The estimate calculation and assembly will be developed in EXCEL
software and published as a PDF deliverable.
5. Prepare inspiration image exhibit for identification of a preferred character for a final
/ ultimate design vision of the project area. An image exhibit will include precedent
picture of materials, configuration, peer community core spaces, and potential
solutions to challenge areas that exist in the project area today. These materials are
intended to be cross utilized with public meetings, stakeholder coordination, council
workshops and be integrated with the DCR submittals.
6. Prepare a construction / development phasing exhibit for 3 x alternatives Each
design option will include a potential alternative to minimize traffic/circulation shut
down, impacts to local business and destination spaces, and public safety impacts
during construction. The phasing exhibit will be developed in ADOBE software and
published as a PDF deliverable.
7. Prepare potential materials exhibit for identification of a preferred character for a
final / ultimate design vision of the project area. The exhibit will include imagery of
materials, and potential solutions for activation of the downtown space and
conformance with the DSAP. These materials are intended to be cross utilized with
public meetings, stakeholder coordination, council workshops and be integrated with
the DCR submittals. This exhibit is anticipated to be 1 or 2 large format graphics
8. Prepare Art opportunities exhibit for identification of a relocation of existing art or
placement/integration of future art in the project area. The exhibit will include imagery
of materials, and potential solutions for art in the downtown space and conformance
with the DSAP. These materials are intended to be cross utilized with public meetings,
stakeholder coordination, council workshops and be integrated with the DCR
submittals. This exhibit is anticipated to be 1 or 2 large format graphics boards of
d submitted as a PDF file.
9. Prepare Electrical site needs exhibit for identification of a relocation of existing
electrical facilities or placement/integration of future electrical needs in the project
area. This exhibit is intended to be a map of electrical facility locations, types, and
needs for the future ultimate condition of the project area. These materials are
intended to be cross utilized with public meetings, stakeholder coordination, council
workshops and be integrated with the DCR submittals. This exhibit is anticipated to be
1 or 2 large format graphics boar
file.
10. Prepare Fire / Public Safety exhibit for identification of a relocation of existing fire/life
safety facilities in the project area. The exhibit will include imagery of existing
materials, and potential fire / life safety needs in the downtown space and conformance
with the DSAP. This exhibit is intended to be a map of fire/life safety facility locations,
types, and needs for the future ultimate condition of the project area. These materials
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
20
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
are intended to be cross utilized with public meetings, stakeholder coordination,
council workshops and be integrated with the DCR submittals. This exhibit is
submitted as a PDF file.
Task 6.0
Funding Identification
1. Identify up to 6 funding options for regional, state, and federal level programs for grants
or matching sources Research and review eligibility of potential sources are included
under this task.
2. Following the identification of potential funding sources, our team will collect
applications of funding sources for submittal to Buckeye grants representative
(completion of applications not included). These applications will be assembled and
submitted to the city for future pursuit following the DCR.
3. Prepare summary of funding option findings as a report, added to DCR. A narrative
will be developed for inclusion in the DCR draft and final submittal packages.
Task 7.0
Constructability Identification
1. Identify options for the construction approach and minimization of existing
developments / circulation during construction. This task will align with the Task 5.6
and include coordination with the Dibble CM sub-consultant to provide a strategy to
constructing the future final design of the preferred concept.
2. Prepare 2 mappings exhibits of proposed construction sequencing approach for
summary. The maps will be prepared in CAD/Adobe software and be used to
illustrate each potential phase of construction, and any mitigation needs to address
issues or concerns from stakeholders. These materials are intended to be cross
utilized with public meetings, stakeholder coordination, council workshops and be
integrated with the DCR submittals.
3. Prepare construction schedule options to identify dates of constraints and
programmed events to avoid disruption during construction. These materials are
intended to be cross utilized with public meetings, stakeholder coordination, council
workshops and be integrated with the DCR submittals.
Task 8.0
DCR Document Draft
1. Prepare DCR format document at 11x17 size per ADOT standard format for sections
and topics. The ADOT format will assist this DCR as a tool that the State is familiar
with for Federal or State level funding options. The report will be a robust document
that captures the process of the DCR design team, the materials guiding alternative
development ideas, costing, schedule, and key coordination needs for final design.
DCR will be created using Adobe InDesign software and published as a PDF format
file for submittal.
2. Develop new narratives not covered by prior task sections to address the
descriptions and vision proposed with the DCR for the Downtown space. Each report
section will require a series of paragraphs that guide the document reader to
conclusions and a clear understanding of the project goals.
3. Prepare minor graphics and exhibits or tables to be included in the DCR document to
support efficiency of the presentation or summarize discussion topics for each
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
21
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
section of the report. Graphics may be copies from materials collected, web sources,
or generated as original content using a variety of software tools.
4. Prepare appendix graphics not provided under prior tasks for use in expanding
information provided in DCR sections. It is anticipated that up to 6 new appendix
graphics will be provided as an allowance for this task. Appendix data will be
published as a PDF format attachment and synchronize with eth DRC content.
5. Prepare a draft project schedule for identifying a final design phase and a final
construction phase. Schedule will be assembled in either ADOBE or EXCEL
software and published as a PDF to be integrated with the DCR document.
6. Prepare a draft project cost projection summary for identifying a final design phase
cost and a final construction phase cost. Cost Estimate will be assembled in EXCEL
software and published as a PDF to be integrated with the DCR document.
7. Assemble the entire developed materials and report of the DCR into a cohesive
document. The assembly will be done in Adobe InDesign and include packaging
tasks and ordering of the diverse materials developed in prior tasks.
Task 9.0
DCR Document Final
1. Address comments from the draft DCR and revise the DCR document. Revisions
may include re-writes or new content not provided under the draft DCR based upon
stakeholder and Council input. DCR will be created using Adobe InDesign software
and published as a PDF format file for submittal.
2. Prepare a preferred concept alternative x 1 for recommended solution moving to final
design. The preferred concept will include either the updates to one of the draft
concepts to respond to comments or a new hybrid concept with updated design files.
3. Revise / augment final narratives for each report section, add new sections for
preferred concept write up and any gap narrative from the draft required to be
completed during the final publication.
4. Revise / augment final minor graphics and exhibits to include the DRC. Address
comments relating to the support imagery imbedded in the DCR report. Image
modifications may include revised tables, original graphics, or web image
replacements to align with the DCR narratives.
5. Revise / augment final appendix graphics not included in prior task (Task 8.0)
sections to supplement data regarding report needs, up to 6x appendix pages
allowance will be revised or replaced under this task.
6. Revise / augment final development schedule for final design and construction.
Provide updated data from comments received on Draft DCR.
7. Revise / augment final cost projection summary for final construction, identify
preferred concept costs in addition to preliminary concepts requiring edits per
comments.
8. Prepare 15% technical plans of preferred concept at 20 scale with limited details of
key features. The 15% package will be prepared using CAD software (AutoCAD) to
develop 20-scale layout plans of the proposed improvements for the ultimate
downtown configuration. It is anticipated that 15-16 sheets by HP+D plus
engineering sheets by Dibble will be included in the 15% design appendix package.
Design package will identify existing conditions to be adjusted, proposed conditions,
proposed utility modifications, new utility needs, roadway layout, drainage changes
not currently included in the Downtown ADMP, and proposed amenities related to
the overall character of the space.
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
22
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
9. Assemble the entire developed materials and report of the DCR into a cohesive
document. The assembly will be done in Adobe InDesign and include packaging
tasks and ordering of the diverse materials developed in prior tasks.
10. Prepare Final DCR Executive Summary package for condensed edition of
recommended alternative. Select sections of the DCR and summarized section
narratives will be developed to produce an abbreviated document of the project DCR
and vision.
Task 10.0
Dibble Sub-Consultant Proposal
1. Refer to the Dibble scope dated 08.08.25.
Task 11.0
Allowance: Meetings Allowance per event each (Virtual 1-hour)
1. Any additional meeting for a virtual event for any Task from HP+D will be at the PM
Project Manager billing rate of $140.00/hour.
2. Any additional meeting for a virtual event for any Task from Dibble will be at the PM
Senior Project Manager billing rate of $240.00/hour.
Task 12.0
Allowance: Meetings Allowance per event each (On-Site/In Person
Buckeye location 1-hour)
1. Any additional meeting for an on-site/in-person Buckeye location event for any Task
from HP+D will be at the PM Project Manager billing rate of $140.00/hour with a 2-
hour addition for round trip travel and preparation of materials pre & post event.
2. Any additional meeting for an on-site/in-person Buckeye location event for any Task
from Dibble will be at the PM Senior Project Manager billing rate of $240.00/hour
with a 2-hour addition for round trip travel and preparation of materials pre & post
event.
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
23
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
Summary of Fees
Our fee for the items indicated above shall be billed monthly to a percentage of completion,
maximum not to exceed the following:
Task 1.0 Meetings & Coordination
$ 12,840.00
Task 2.0 Public Engagement /Stakeholder & Public Meeting
$ 20,040.00
Task 3.0 Data Collection
$ 3,400.00
Task 4.0 Data Analysis
$ 13,100.00
Task 5.0 Concept Development
$ 38,900.00
Task 6.0 Funding
$ 1,620.00
Task 7.0 Constructability
$ 2,720.00
Task 8.0 DCR Document Draft
$ 31,040.00
Task 9.0 DCR Document Final
$ 36,800.00
Sub-Total Fee:
$ 160,860.00
Task 10.0 Dibble Sub-Consultant Support
$ 399,465.00
Reimbursable Allowance (travel/ delivery / mailings)
$ 400.00
Total Contract Fee
$ 560,325.00
Task 11.0 Meetings Allowance per event each (Virtual 1-hour)
$ 140.00 / HR (HP+D)
$ 240.00 / HR (Dibble)
Task 12.0 Meetings Allowance per event each (On-Site/In Person Buckeye location
1-hour)
$ 280.00 + $140 / HR (HP+D)
$ 480.00 + $240 / HR (Dibble)
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
24
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
Should any additional services, meetings beyond quantities identified, or Client directed changes
to the scope of work or site plan be required, they will be billed as an extra at the following hourly
rates:
Principal / RLA
$160.00/hour
Project Manager / Designer
$140.00/hour
Project Coordinator
$120.00/hour
Exclusions (to be discussed)
-
No Structural, Geotechnical, or Environmental Engineering
-
No websites / virtual surveys / refreshments for events
-
No application / review fees
Assumptions (to be discussed)
-
Client will provide any and all site information available.
-
Invoices will be paid monthly.
-
No Value Engineering beyond the Final DCR submittal review.
Potential outline schedule:
Total DCR scope timeline: 11-month
NTP/Start September 2025
Task-1 to Task-3 September 2025 through January 2026
Task 4 February through March 2026
Task 5 March through April 2026
Task 6 to Task 7 April 2026
Task 8 April through Mid-June 2026
Task 9 Mid-June through August 2026
Task 10 Dibble Services are inclusive to the timeline above
Close out August 2026
eptember 2026
Task 11 to Task 12 are elective services to be activated for any of the above task
timeline
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
25
Mr. James Braveboy, Jr.
City of Buckeye
Downtown Buckeye DCR Buckeye, AZ
3116 S. Mill Avenue, Suite 305 Tempe, Arizona 85282
www.HarringtonPlanningDesign.com
If in agreement with this proposal, please indicate your acceptance of the preceding agreement
by signing and returning the executed original to our office. The enclosed copy is for your files.
Thank you for the opportunity to submit this proposal. We look forward to working with you on
this project.
Sincerely,
Harrington Planning + Design
Jason Harrington, RLA, ASLA, ASIC
Principal
ACCEPTED BY:
Mr. James Braveboy, Jr., or authorized approval representative
Project Manager (CIP)
City of Buckeye
______________________________________
08.14.25 or thereafter
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
26
Project - City of Buckeye, Downtown Buckeye DCR
08.14.25
11-month project DCR duration assumed
Project #
Project Description / Location: Monroe Avenue: Miller Road to 9th St, Buckeye, AZ
A
Sr. RLA / Principal, HP+D
B
Landscape Architect/ Project Manager, HP+D
C
Project Designer/Planner Technical, HP+D
Task 1
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
1.1 Administration of project: general coordination
outside of team, monthly invoicing, internal team
management (11-months)
11
22
0
33
draft DCR)
0
14
6
20
1.3 Meetings Team x 6 (monthly team internal
coordination after data collection)
0
6
0
6
1.4 prepare meetings agendas / meeting notes /
records of decisions for all meetings and Task 2
efforts.
0
8
0
8
1.5 QC/QA tasks for each delivery for entire project
tasks
12
0
12
24
Sub-Total Hours:
23
50
18
91
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 1):
3,680.00
$
7,000.00
$
2,160.00
$
12,840.00
$
Task 2
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
intro event / input gather & concept review following
draft DCR package and prior to final DCR package
a 20-30 scale format. Set up of the plan package
and production refinements are included under this
task.
8
12
12
32
2.2 Meetings Stakeholder (key invite only) x 2 (early /
pre-final DCR)
8
8
0
16
2.3 Meetings Utility Stakeholder x 3 (early / draft
DCR / pre-final DCR)
0
6
0
6
2.4 Meetings Council x 3 (before public #1 / after
draft DCR / after final DCR recap)
9
0
0
9
2.5 Meetings Workshop Council x 2 (support pre-
draft DCR input & support pre-final DCR input)
8
8
0
16
2.6 Graphics development / materials prep for
events / web exhibits provided to Buckeye
6
20
40
66
Sub-Total Hours:
39
54
52
145
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 2):
6,240.00
$
7,560.00
$
6,240.00
$
20,040.00
$
Task 3
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
0
0
0
0
3.2 Supplement utility gathering (Dibble Only)
0
0
0
0
3.3 Collect reports, design tools, studies, codes,
standards, details, other impactful materials to
develop concepts from Buckeye / public sources
1
4
12
17
3.4 Collect pothole data x 20 (extras as allowance
under elective tasks)(Dibble Only)
0
0
0
0
3.5 Field visit for photo documentation separate from
kick-off event
0
4
0
4
3.6 HP+D summary report of task completion to be
used with DCR
1
2
2
5
Sub-Total Hours:
2
10
14
26
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 3):
320.00
$
1,400.00
$
1,680.00
$
3,400.00
$
Task 4.0
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
4.1 Review survey and develop base mapping for
exhibits / graphics / plans
1
3
0
4
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
27
4.2 Review utility materials and summarize impacts
from clearances, prior rights, development limitations
0
6
0
6
4.3 Review and summarize collected development
tools, create table of minimums and requirements as
condensed summary
4
20
12
36
4.4 Develop contact list for stakeholders and
impacted parties
0
2
4
6
4.5 Provide summary exhibits of DSAP: identify
positives / identify negatives - issues
2
8
16
26
4.6 Create opportunities / constraints map of site
issues and preservation
0
4
10
14
4.7 HP+D summary report of task completion to be
used with DCR
1
2
4
7
Sub-Total Hours:
8
45
46
99
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 4):
1,280.00
$
6,300.00
$
5,520.00
$
13,100.00
$
Task 5.0
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
5.1 Prepare entire corridor / area plan view
alternatives for 3 options to consider as a future
preferred solution, assume 20 scale materials, color,
photoshop
10
30
120
160
5.2 Prepare typical sections for 8 x locations, color,
photoshop
0
8
16
24
5.3 Prepare 3D models for 3 x alternatives, produce
1 x 24x36 exhibits summary per alternative
3
12
60
75
5.4 Prepare limited cost estimate for 3 x alternatives
0
3
3
6
5.5 Prepare inspiration / precedent imagery exhibit
for character
0
4
8
12
5.6 Provide phasing exhibit for recommendations for
future development / design packaging
0
2
6
8
5.7 Provide materials exhibits for 3 x alternatives
(draft/final)
0
2
6
8
5.8 Provide art opportunity exhibits for 3 x
alternatives (draft/final)
0
1
3
4
5.9 Provide wayfinding opportunity exhibits for 3 x
alternatives (draft/final)
0
1
3
4
5.10 Provide electrical needs exhibits for 3 x
alternatives (draft/final)
0
1
3
4
5.11 Provide fire/safety issues exhibits for 3 x
alternatives (draft/final)
0
1
3
4
Sub-Total Hours:
13
65
231
309
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 5):
2,080.00
$
9,100.00
$
27,720.00
$
38,900.00
$
Task 6
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
state, and federal level programs for grants or
matching sources
0
3
3
6
6.2 Collect applications of funding sources for
submittal to Buckeye grants representative
(completion of applications not included)
0
3
0
3
6.3 Prepare summary of funding option findings as a
report, added to DCR
0
3
0
3
Sub-Total Hours:
0
9
3
12
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 6):
-
$
1,260.00
$
360.00
$
1,620.00
$
Task 7
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
and minimization of existing developments /
circulation during construction
2
2
0
4
7.2 Prepare 2 mappings exhibits of proposed
construction sequencing approach for summary
0
2
8
10
7.3 Prepare construction schedule options to identify
dates of constraints and programmed events to
avoid disruption during construction.
2
4
0
6
Sub-Total Hours:
4
8
8
20
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 7):
640.00
$
1,120.00
$
960.00
$
2,720.00
$
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
28
Task 8.0
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
8.1 Prepare DCR format document at 11x17 size
per ADOT standard format
1
10
30
41
8.2 Prepare narratives for each report section
4
24
48
76
8.3 Prepare minor graphics and exhibits to include
the DRC
1
5
30
36
8.4 Prepare appendix graphics not included in prior
task sections to supplement data regarding report
needs, up to 6x appendix pages allowance
0
10
44
54
8.5 Prepare draft development schedule for final
design and construction
1
2
2
5
8.6 Prepare draft cost projection summary for final
construction
0
1
3
4
8.7 Provide materials exhibits for 3 x alternatives
(draft)
0
8
16
24
8.8 Package materials assembly and packaging for a
draft DCR
0
2
4
6
Sub-Total Hours:
7
62
177
246
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 8):
1,120.00
$
8,680.00
$
21,240.00
$
31,040.00
$
Task 9.0
A: Principal
B: PM
C: Tech
Hrs: Sub-Total Fee
9.1 Address comments from draft DCR format
document at 11x17 size per ADOT standard format
2
8
12
22
9.2 Prepare preferred concept alternative x 1 for
recommended solution moving to final design
2
20
40
62
9.3 Revise / augment final narratives for each report
section, add new section for preferred concept
2
4
8
14
9.4 Revise / augment final minor graphics and
exhibits to include the DRC
0
2
4
6
9.5 revise / augment final appendix graphics not
included in prior task sections to supplement data
regarding report needs, up to 6x appendix pages
allowance
1
3
9
13
9.6 Revise / augment final development schedule for
final design and construction
1
2
0
3
9.7 Revise / augment final cost projection summary
for final construction, identify preferred concept costs
0
1
2
3
9.8 Prepare 15% technical plans of preferred
concept at 20 scale with limited details of key
features
2
30
120
152
9.9 Package materials assembly and packaging for a
final DCR
0
2
4
6
9.10 Prepare final DCR executive summary package
for condensed edition of recommended alternative
0
2
8
10
Sub-Total Hours:
10
74
207
291
Hourly Rates:
160.00
$
140.00
$
120.00
$
Sub-Total Fee (Task 9):
1,600.00
$
10,360.00
$
24,840.00
$
36,800.00
$
Direct Reimbursables
allowance
400.00
$
Total Base Landscape Consultant fees (Harrington Planning + Design)
160,860.00
$
10.1 Per Dibble Engineering proposal dated 08.08.25
0
0
0
0
Sub-Total Hours:
0
0
0
Hourly Rates:
-
$
-
$
-
$
Sub-Total Fee (Task 10.0):
-
$
-
$
-
$
399,465.00
$
Total Base Team Consultant fees (Harrington Planning + Design & Dibble)
560,325.00
$
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
29
Manager billing rate of $140.00/hour.
0
0
0
0
Project Manager billing rate of $240.00/hour.
0
0
0
0
Sub-Total Hours:
0
0
0
Hourly Rates:
240.00
$
140.00
$
-
$
Sub-Total Fee (Task 11.0):
-
$
-
$
-
$
TBD
12.1 Any additional meeting for an on-site/in-person
Buckeye location event for any Task from HP+D will
$140.00/hour with a 2-hour addition for round trip
travel and preparation of materials pre & post event.
0
0
0
0
12.2 Any additional meeting for an on-site/in-person
Buckeye location event for any Task from Dibble will
$240.00/hour with a 2-hour addition for round trip
travel and preparation of materials pre & post event.
0
0
0
0
Sub-Total Hours:
0
0
0
Hourly Rates:
240.00
$
140.00
$
-
$
Sub-Total Fee (Task 12.0):
-
$
-
$
-
$
TBD
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
30
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
31
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
32
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
33
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
34
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
35
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
36
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
37
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
38
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
39
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
40
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
41
August 8, 2025
Dibble
3020 E Camelback Rd. Ste. 201
Phoenix, AZ 85016
Attn:
Mr. Jacob Nelson PE
Re:
City of Buckeye Downtown DCR
Pre-Construction Services.
Dear Mr. Nelson
Dibble CM is pleased to submit our pre-construction proposal for the City of Buckeye Downtown DCR project.
Dibble CM will work closely with Dibble, the City of Buckey, and other stakeholders during pre-construction.
This proposal is for T&M Not-To-Exceed Total.
Dibble CM will conduct site visits to review potential conflicts with existing utilities, structures and
yard and take drone footage of the existing conditions. During the study phase, DCM will conduct
constructability reviews considering potential conflicts with existing underground utilities in the
-
of-way and assist in potential property acquisitions if needed. DCM will develop a phasing plan and
prepare a preliminary construction schedule to allow construction to progress as efficiently as possible
and minimize disruptions to the local businesses, schools, and residences. The Following is a summary of
our services to be provided:
Pre-Construction Activities
Conduct Site Visits.
Provide drone photos and video.
Provide constructability plan review.
Review ROW and assist in potential property acquisitions.
Coordinate with stakeholders (City, local businesses, schools).
Prepare/Develop construction phasing plan.
Prepare preliminary construction schedule.
A summary of fees for the project are below.
A detailed breakout is on Attachment
attached:
Fee Summary
Resident Engineer
7,680.00
$
Construction Manager
4,810.00
$
Project Engineer
4,420.00
$
TOTAL FEE - T & M NTE
16,910.00
$
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
43
We appreciate the opportunity to submit our pre-construction services proposal for this project. Thank you for
your consideration.
Respectfully,
Roger Teske
Senior Resident Engineer
Dibble CM
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
44
Attachment A
Dibble CM Staff Hours and Fee By Task
Contract Billing Rate
240.00
$
185.00
$
170.00
$
Task
No.
Task
Sr. Resident
Engineer
Sr.
Construction
Manager
Project
Engineer
Total Task
Hours
Total Task Fee
1
Preconstruction
1.1
Conduct site visit (2 visits)
8
8
8
24
$ 4,760.00
1.2
Provide drone photos and videos
1
1
$ 170.00
1.3
Provide constructablility plan review
4
4
4
12
$ 2,380.00
1.4
Review ROW and assist in potential property
Acquisitions
2
3
6
11
$ 2,055.00
1.5
Coordinate with stakeholders
2
3
5
10
$ 1,885.00
1.6
Prepare/Develop construction phasing plan
8
4
1
13
$ 2,830.00
1.7
Prepare preliminary construction schedule
8
4
1
13
$ 2,830.00
Total Hours
32
26
26
84
Total Fee
7,680
$
4,810
$
4,420
$
16,910
$
Fee Summary
Resident Engineer
7,680.00
$
Construction Manager
4,810.00
$
Project Engineer
4,420.00
$
TOTAL FEE - T & M NTE
16,910.00
$
Assumptions
All services are provided as T & M Not-To-Exceed Total Proposal.
Unit Prices are all-inclusive. No additional charges for mileage or other incidental expenses.
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
45
Arizona Flow Testing LLC
8003 West Tonopah Drive, Peoria, Arizona 85382
Proposal
July 30, 2025
Dibble Engineering
RE: Hydrant Flow Test
1626 North Litchfield Road, Suite 150
Design Concept Report
Goodyear, Arizona 85395-1255
Monroe Ave
Buckeye, Arizona 85326
AZ Flow Testing Proposal Number: P25676
K. Jacob Nelson (Jake),
Arizona Flow Testing LLC, an Arizona limited liability company, is pleased to submit this proposal to provide flow
testing services for the project referenced above. Following is the list of services we propose to provide under the
terms and conditions of the contract:
Flow Testing Scope of Services:
Obtain all permits and conduct testing as required by Buckeye, Arizona.
Conduct the actual Flow Test with approved equipment that is fully calibrated.
Provide a timely Hydrant Flow Test report to you in an electronic format.
Data shall include Static and Residual Pressure readings as well as Flowing (GPM) Gallons per Minute data and
theoretical GPM data at 20 psi residual pressure.
The fee for conducting a single complex flow test in Buckeye, Arizona is $550.00 (Five Hundred Fifty Dollars).
Plus, any additional fees for required city permits. The permit fee required for the City of Buckeye, Arizona is
$100.00 (One Hundred Dollars).
Total fee for conducting a single complex flow test in Buckeye is $650.00 (Six Hundred Fifty Dollars).
Fee quotations are valid for 60 days from the date of this proposal.
Payment terms shall be 30 days from the date of the invoice.
Please sign and date the line provided on page 2 of this proposal if these terms are acceptable. Only authorized
agents of the parties may accept this proposal and all of the associated terms.
We sincerely appreciate the opportunity to work on this project. We look forward to your acceptance of these terms
and our opportunity to work with you and to add value to this project.
Sincerely,
Floyd L. Vaughan
Floyd L. Vaughan
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
46
Arizona Flow Testing LLC
8003 West Tonopah Drive, Peoria, Arizona 85382
Proposal
The undersigned Client hereby accepts the foregoing proposal and agrees to retain Arizona
Flow Testing LLC.
Date:
(Sign here)
_______________________________________
(Print name of person(s) signing & title)
Design Concept Report July 30, 2025
Arizona Flow Testing LLC Proposal No. P25676
Page 2 of 2
Professional Services for the Downtown Buckeye DCR
Contract No. 32500094
Harrington Planning & Design, LLC
47
Professional Services for the Downtown Buckeye DCR
48
Professional Services for the Downtown Buckeye DCR
49