Agreement - Dick & Fritsche Design Group
Extracted text (via pymupdf)
78059 characters
City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
PROFESSIONAL SERVICES AGREEMENT
Design Services
PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION
BUILDING HVAC RENOVATIONS
Project No. WA2106.201
Council Date: August 12, 2021 Item No.
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________,
2021 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation,
("City''), and Dick & Fritsche Design Group, Inc., an Arizona corporation, ("Consultant") (City
and Consultant may individually be referred to as “Party” and collectively referred to as
“Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for PECOS SURFACE WATER
TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
project as more fully described in Exhibit "A", which is attached to and made a part of this
Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to contract with Consultant to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
City of Chandler Professional Services Agreement
Page 2
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 300
calendar days after the Notice to Proceed (NTP) Date.
SECTION III--PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully
described in Exhibit “B” for performance of the services approved and accepted by City
under this Agreement must not exceed $375,889 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
City of Chandler Professional Services Agreement
Page 3
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
To City:
City of Chandler
Public Works & Utilities Department
Attn: CIP City Engineer
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3343
Email: andrew.goh@chandleraz.gov
With a Copy to:
Project Manager
City of Chandler
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
To Consultant:
Dick & Fritsche Design Group, Inc.
Mailing Address: 4545 E McKinley St., Phoenix, AZ 85008
Physical Address (if different than Mailing Address)
Statutory Agent Name: A-B Law Services Company, LLC
Statutory Agent Physical Address: 4600 E Shea Blvd., Phoenix, AZ
85028
Statutory Agent Mailing Address: (if different than mailing address)
Consultant’s Authorized Project Representative
Name: Chad Billings
Title: Vice President
Phone: 602-761-5123
Email: cbillings@dfdg.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final contract payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its contracts with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
the appropriate federal agency, has access to the subconsultants’ records to verify the
accuracy of all cost and pricing data. City reserves the right to decrease Contract price or
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow City to audit their records to
City of Chandler Professional Services Agreement
Page 4
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow City to audit their records to
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results
in a substantial change in this Agreement, thereby materially increasing or decreasing the
scope of services, cost of performance, or Project schedule, the work will be performed as
directed by City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work
or materials furnished by Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that City reserves the right, at its discretion and without cause, to
terminate or abandon any service provided for in this Agreement, or abandon any portion of
the Project for which services have been performed by Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and City. If there is no mutual agreement on payment, the final determination will
be made in accordance with the "Disputes" provision in this Agreement. However, in no event
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
the Parties agree on the final fee. If City is found to have improperly terminated the
Agreement for cause or default, the termination will be converted to a termination for
convenience in accordance with the provisions of this Agreement.
City of Chandler Professional Services Agreement
Page 5
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys' fees and costs of claim processing, investigation and
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful,
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers'
compensation law or on account of the failure of Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
City of Chandler Professional Services Agreement
Page 6
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
the completeness and accuracy of Consultant’s services, data, and other work prepared or
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
City of Chandler Professional Services Agreement
Page 7
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding a contract to
any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding a
contract to any natural person who cannot establish that such person is lawfully present in
the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of contract award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
City of Chandler Professional Services Agreement
Page 8
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
contract with City, Consultant must first notify City as set forth in this Section of the request
or demand for the data. Consultant or its subconsultants must give City sufficient facts so
that City can be given an opportunity to first give its consent or take such action that City may
City of Chandler Professional Services Agreement
Page 9
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
City of Chandler Professional Services Agreement
Page 10
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
City of Chandler Professional Services Agreement
Page 11
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
SIGNATURE PAGE TO FOLLOW
City of Chandler Professional Services Agreement – Exhibit “A”
Page A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
602.954.9060
4545 E. McKinley St. Phoenix, AZ 85008
dfdg.com
EXHIBIT ‘A’ – SCOPE OF SERVICES & SCHEDULE
1. PROJECT DESCRIPTION & SCOPE
1.1
Consultant will provide services for the design, permitting, development of construction documents, and specified
construction administration for the City of Chandler Pecos Surface Water Treatment Plant (SWTP) Building
Improvements (CIP#WA2106), located at 1475 East Pecos Road, Chandler, Arizona, all as more specifically described
herein below.
1.2
The facility design may include, but not be limited to, interior retrofit upgrades to the building infrastructure to bring
it to current standards, including mechanical and electrical services through the building and complete remodel of
the existing water‐testing laboratory.
1.3
The improvements will be in two separate design packages, as follows:
a. Design Package One: City of Chandler Pecos SWTP Building Improvements, Phase One Water‐Wastewater
Laboratory HVAC Systems Replacement and Comprehensive Remodel
b. Design Package Two: City of Chandler Pecos SWTP Building Improvements, Phase Two Overall Building HVAC
Systems Renovation and Partial Remodel
1.4
Consultant will provide all design services for the Project including, but not limited to, normal architectural,
structural, mechanical, and electrical engineering services.
1.5
Refer to Appendix 1 for full Project Description.
2. ASSIGNMENT
2.1
The design contract has been awarded to an architect based on their proposed personnel and specified consultants.
Any deviations or substitutions of these team members must be pre‐approved in writing by City. Those persons
listed in Exhibit B will perform those portions of the work listed therein.
3. PROJECT SCHEDULE
3.1
Consultant must perform the services within the times set forth in the Production Schedule included
herein and made a part hereof by reference.
3.2
Consultant must adhere to the Production Schedule described herein and such schedule may not be modified or
deviated from without written consent of City. Consultant must revise and submit for review an updated schedule
whenever it is demonstrated that the time for completion of the Project Design or of any of the partial completion
points listed in the schedule is delayed by two weeks or more. Such adjusted schedule will include a written
explanation stating the reasons for the change and a plan for getting back on schedule. Consultant must take all
reasonable actions necessary to get the project back on schedule and City will cooperate to assist Consultant.
3.3
Production Schedule:
a. Design Package One: City of Chandler Pecos SWTP Building Improvements, Phase One Water‐Wastewater
Laboratory HVAC Systems Replacement and Comprehensive Remodel
i.
Schematic Design – 3 weeks
a. Owner Review – 1 weeks
ii.
Design Development – 4 weeks
a. Owner Review – 1 week
iii.
Construction Documents – 6 weeks
a. Owner Review – 1 week
iv.
Permitting – 4 weeks
v.
Construction – 6 months
b. Design Package Two: City of Chandler Pecos SWTP Building Improvements, Phase Two Overall Building HVAC
Systems Renovation and Partial Remodel
i.
Schematic Design – 5 weeks
ExhA ‐ Chandler SWTF_Exhibit A ‐ Scope of Services & Schedule ‐ kmrev20210713.docx
7/13/2021
07.13.2021
2
a. Owner Review – 2 weeks
ii.
Design Development – 6 weeks
a. Owner Review – 2 weeks
iii.
Construction Documents – 7 weeks
a. Owner Review – 2 weeks
iv.
Permitting – 4 weeks
v.
Construction – 9 months
4. QUALITY CONTROL
4.1
Consultant must institute and comply with the Design Quality Control Plan attached hereto and made a part hereof
by reference.
4.2
As a part of the project design Consultant will develop a quality control plan for the entire construction phase. This
Quality Control Plan will establish what elements should and must be seen by each consultant during construction.
Identify what is in the project, which will be required to have a UBC “special Inspection” by the design engineer.
5. PRELIMINARY RESEARCH
5.1
As and for preliminary research before preparing the project design, Consultant will:
a. Perform a Document search for City policies, regulations, standards, design manuals, and requirements, etc.
relevant to project.
b. Investigate existing conditions, make measured drawings, and verify accuracy of drawings or other information
furnished by City.
c.
Obtain As‐Builts
6. SCHEMATIC DESIGN (30% DOCUMENT REVIEW):
6.1
Program Verification.
6.2
When the design is approximately thirty percent complete, Consultant must do the following:
a. Submit the project to City for a Development Standards review.
b. Submit to City’s Project Manager for comment in electronic format.
c. Collaborate with City to define their requirements for building systems. Including the preparation and updating
of comment tracking logs for City Staff comments from B&F and W/WW Staff.
d. Prepare a construction cost estimate for verification with the budget and re‐design as necessary to re‐align the
design with the construction budget according to the following Design Packages.
i.
Design Package 1 – Laboratory should include the following:
a. Perform and document existing field conditions, create measured drawings and verify accuracy of
drawings or other information furnished by the City.
b. Verify floor plan shown in basis of design, review equipment requirements and make necessary
plan adjustments.
c.
Interior design to include conceptual finishes and preliminary lab furniture / millwork layout.
d. Mechanical, electrical, and plumbing design to include basic schematic level design drawings
showing the engineering systems intended for this project.
e. Provide a written narrative describing engineering systems intended for this project.
f.
Structural design will include preliminary concepts supplemented by narratives.
g. Outline specifications.
h. DFDG and LSW will attend weekly meetings during this phase. Based on the project schedule in
section A, 3 meetings are included in this phase. Other consultants will attend meetings as
identified in their attached proposals.
ExhA ‐ Chandler SWTF_Exhibit A ‐ Scope of Services & Schedule ‐ kmrev20210713.docx
7/13/2021
07.13.2021
3
i.
Progress deliverables during this phase will be informal and submitted as needed to move the
project forward.
j.
Final deliverable for this phase includes a schematic design set of drawings and narratives for any
relevant scope not yet identified on the plans.
k.
Value engineer the design cooperatively with the entire design team and the City’s
representatives. This effort will occur as early and effectively as possible and consist of a focus
meeting addressing relationships of components, construction materials and building systems.
l.
Re‐design as necessary to re‐align the design and the construction budget.
m. Conduct a full document set (plans and specs) review in the presence of all consultants and City
representatives and any other stakeholders.
ii.
Design Package 2 – Main Building should include the following:
a.
Perform and document existing field conditions, create measured drawings and verify accuracy
of drawings or other information furnished by the City.
b.
Develop plans depicting scope of work including ceilings, walls and other items potentially
impacted by mechanical equipment changes.
c.
Interior design to include conceptual finishes for areas impacted by the work.
d.
Mechanical, electrical, and plumbing design to include basic schematic level design drawings
showing the engineering systems intended for this project.
e.
Provide a written narrative outlining a VRF system with DOAS versus a VAV system with an air‐
cooled chiller. The narrative will describe each system, its advantages, and disadvantages, and
its AHRI efficiency, along with LSW’s recommendations. This will not include a life cycle cost
analysis or estimates of probable construction costs.
f.
Structural design will include preliminary concepts supplemented by narratives.
g.
Outline specifications.
h.
DFDG and LSW will attend weekly meetings during this phase. Based on the project schedule in
section A, 5 meetings are included in this phase for DFDG and LSW. Other consultants will
attend meetings as identified in their attached proposals.
i.
Progress deliverables during this phase will be informal and submitted as needed to move the
project forward.
j.
Final deliverable for this phase includes a schematic design set of drawings and narratives for
any relevant scope not yet identified on the plans.
k.
Value engineer the design cooperatively with the entire design team and the City’s
representatives. This effort will occur as early and effectively as possible and consist of a focus
meeting addressing relationships of components, construction materials and building systems.
l.
Re‐design as necessary to re‐align the design and the construction budget.
m.
Conduct a full document set (plans and specs) review in the presence of all consultants and City
representatives and any other stakeholders.
ExhA ‐ Chandler SWTF_Exhibit A ‐ Scope of Services & Schedule ‐ kmrev20210713.docx
7/13/2021
07.13.2021
4
7. DESIGN DEVELOPMENT (60% & 80% DOCUMENT REVIEW):
7.1
Based on the approved Schematic Design Documents and any adjustments authorized by City in the program,
schedule or construction budget, Consultant must prepare, for approval by City, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems, materials and such other elements as may be
appropriate. When the design is approximately sixty percent (60%) complete and again when the design is
approximately eighty percent (80%) complete, Consultant must do the following:
a. Allow and invite the Owner’s Representative to attend the design coordination meetings virtual, as needed.
b. Collaborate with City to define their requirements for building systems. Including the preparation and updating
of comment tracking logs for City Staff comments from B&F and W/WW Staff.
c. Create draft specifications compliant with City standards.
d. Prepare plans, elevations, sections, schedules, and notes as required to fix and describe the project as to
architectural, mechanical, electrical, and special systems. An allowance will be kept for potential structural
services.
e. Perform code reviews and implement requirements into the design documents according to City’s adopted
building construction codes.
f.
Consultant is required to review and complete the City's Constructability Review Checklist. All applicable
checklist items are required to be incorporated in the design documents.
g. Submit once to City’s Project Manager for comment electronic drawing sets, specifications.
h. Schedule review meeting with plan check staff to discuss review comments. Clarify with the plan check staff
what the design challenges are and decide the method in which they will be resolved.
i.
Prepare a construction cost estimate for verification with the budget. Re‐design as necessary to re‐align the
design with the construction budget according to the following Design Packages.
i.
Design Package 1 – Laboratory:
a. Preliminary mechanical, plumbing and electrical plans including routing of mechanical duct mains,
mechanical zoning layout and thermostat locations for review, routing of main plumbing utilities
and routing of cable trays.
b. Engineering systems cut sheets for review.
c.
Development of the floor plan, including wall types, dimensions, etc.
d. Prepare details for major wall assemblies and building components.
e. Interior elevations of showing proposed millwork and proposed interior finishes.
f.
Reflected ceiling plans showing ceiling height and materials, and location of light fixtures
g. Development of structural plans.
h. Design development level specifications in book format.
i.
DFDG will attend weekly meetings during this phase. Based on the project schedule in section A, 5
meetings are included in this phase. Consultants will attend meetings as identified in their attached
proposals.
j.
Progress deliverables during this phase will be informal and submitted as needed to move the
project forward.
k.
Final deliverable for this phase includes a design development package including drawings
identified above and narratives for any relevant scope not yet identified on the plans.
i. Design Package 2 – Main Building:
a.
Preliminary mechanical, plumbing and electrical plans showing all main engineering systems
equipment locations and sizes. Equipment weights will be shown as needed for the
structural engineer. MEP drawings to include routing of mechanical duct mains and
mechanical zoning layout and thermostat locations for review.
b.
Engineering cut sheets for review.
c.
Development of the floor plan, including wall types, dimensions, etc.
d.
Prepare details for major wall assemblies and building components.
ExhA ‐ Chandler SWTF_Exhibit A ‐ Scope of Services & Schedule ‐ kmrev20210713.docx
7/13/2021
07.13.2021
5
e.
Interior elevations of showing proposed millwork and proposed interior finishes.
f.
Reflected ceiling plans showing ceiling height and materials, and location of light fixtures
g.
Development of structural plans.
h.
Design development level specifications in sheet format.
i.
DFDG will attend weekly meetings during this phase. Based on the project schedule in
section A, 5 meetings are included in this phase for DFDG and LSW. Other consultants will
attend meetings as identified in their attached proposals.
j.
Progress deliverables during this phase will be informal and submitted as needed to move
the project forward.
k.
Final deliverable for this phase includes a design development package including drawings
identified above and narratives for any relevant scope not yet identified on the plans.
8. CONSTRUCTION DOCUMENTS (98% DOCUMENT REVIEW):
8.1
Based on the approved Design Development Documents and any further adjustments in the scope or quality of the
Project or in the construction budget authorized by City, Consultant must prepare, for approval by City, Construction
Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of
the Project. When the design is approximately ninety eight percent (98%) complete Consultant must do the
following:
a. Prepare plans, elevations, sections, schedules, notes, and specifications as required to be able to bid and
construct the project in its entirety.
b. Cover sheet to be provided by City by email in AutoCAD.
c. Provide City of Chandler with a copy of the AutoCAD files. Each building system must be “layered” to be able to
isolate trades or engineering from architectural components or vice versa.
d. Submit to City’s Project Manager for comment electronic drawing sets, specifications, and comment tracking
log
e. Electronic permit submittal
f.
Based on the approved DD package, continue to develop the design and drawings to furnish a complete set of
documents suitable for plan review, CMAR bidding and construction according to the Design Packages outlined
below. Re‐design as necessary to re‐align the design with the construction budget.
i.
Design Package 1 – Laboratory:
a. Prepare plans, elevations, sections, schedules, notes, and specifications as required to be able to
bid and construct the project in its entirety.
b. Cover sheet to be provided by the City in AutoCAD format.
c.
Coordinate the drawings and sheet specifications of all subconsultants and incorporate into the
final CD package.
d. At the 95% completion level, submit a pre‐final set of documents to the AHJ for plan review.
e. Make all necessary corrections and updates and submit the final 100% CD package for final review
and bidding. Issue a PDF or other acceptable electronic format containing the complete CD package
to Client and JOC for final printing of documents. Client will be responsible for printing of sets for
bidding and construction, and distribution of plans.
f.
DFDG will attend weekly meetings during this phase. Based on the project schedule in section A, 7
meetings are included in this phase for DFDG and LSW. Other consultants will attend meetings as
identified in their attached proposals.
g. Provide the City of Chandler with AutoCAD and Revit files. Each building system must be “layered”
to be able to isolate trades or engineering from architectural components or vice versa.
h. Provide document coordination of work performed by separate contractors or by City’s own forces.
i.
Submit to the City’s Project Manager for comment two complete drawing sets, specifications, and
structural calculations. Include original redline drawings and comments received from previous
reviews along with a review summary indicating action taken.
ExhA ‐ Chandler SWTF_Exhibit A ‐ Scope of Services & Schedule ‐ kmrev20210713.docx
7/13/2021
07.13.2021
6
ii.
Design Package 2 – Main Building:
a.
Prepare plans, elevations, sections, schedules, notes, and specifications as required to be able to
bid and construct the project in its entirety.
b.
Cover sheet to be provided by the City in AutoCAD format.
c.
Coordinate the drawings and sheet specifications of all subconsultants and incorporate into the
final CD package.
d.
At the 95% completion level, submit a pre‐final set of documents to the AHJ for plan review.
e.
Make all necessary corrections and updates and submit the final 100% CD package for final review
and bidding. Issue a PDF or other acceptable electronic format containing the complete CD package
to Client and JOC for final printing of documents. Client will be responsible for printing of sets for
bidding and construction, and distribution of plans.
f.
DFDG will attend weekly meetings during this phase. Based on the project schedule in section A, 7
meetings are included in this phase for DFDG and LSW. Other consultants will attend meetings as
identified in their attached proposals.
g.
Provide the City of Chandler with AutoCAD and Revit files. Each building system must be “layered”
to be able to isolate trades or engineering from architectural components or vice versa.
h.
Provide document coordination of work performed by separate contractors or by City’s own forces.
i.
Submit to the City’s Project Manager for comment two complete drawing sets, specifications, and
structural calculations. Include original redline drawings and comments received from previous
reviews along with a review summary indicating action taken.
9. CONSCTRUCTION SET (100% DOCUMENTS):
9.1
Submit bid documents to Development Services for building permit. All plans, calculations and specifications will be
stamped. The specifications will be 8‐1/2” x 11” and in electronic format. Plans will be electronic pdfs and
electronically in Auto CAD.
9.2
Cover Sheet Electronically
9.3 Assist City in the evaluation of “substitutions and or‐equals” and make a recommendation to accept or decline, during
City negotiations with JOC firms.
City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
EXHIBIT “B”
COMPENSATION AND FEES
7/13/2021
-
$
3.1 Production Schedule
-
$
1,940.00
$
4.1 Quality Control Plan
1,940.00
$
2,300.00
$
5.1 Investigate Existing Conditions
2,300.00
$
15,380.00
$
6.1 Program Verification
3,360.00
$
6.2 Prepare 30% Schematic Design Set
12,020.00
$
22,025.00
$
7.1 Prepare 60% Design Development Set
22,025.00
$
24,930.00
$
8.1 Prepare 98% Construction Document Set
24,930.00
$
3,410.00
$
9.1 Coordinate & Issue Permit Documents
1,500.00
$
9.2 Cover Sheet
410.00
$
9.3 RFIs / Substitution Requests
1,500.00
$
108,217.00
$
13.1 Allowance for Printing Expenses at Direct Cost
8,000.00
$
13.2 Allowance for Structural Engineering
5,500.00
$
13.3 Allowance for Specification Writer
7,854.00
$
13.4 Allowance for MPE Engineering
61,908.00
$
13.5 Allowance for Cost Estimating Services
9,955.00
$
13.6 Owner's Allowance
15,000.00
$
TSUBTOTAL COST:
178,202.00
$
EXHIBIT "B-1"
TASK DESCRIPTION
ALLOWANCES
SUBTOTAL
Task 6.0 Schematic Design (30%)
Task 7.0 Design Development (60% & 80%)
Lump Sum Cost Per Task
Task 5.0 Preliminary Research
Task 8.0 Construction Documents (98%)
Task 9.0 Construction Set (100%)
Task 4.0 Quality Control
Task 3.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
7/13/2021
-
$
3.1 Production Schedule
-
$
1,940.00
$
4.1 Quality Control Plan
1,940.00
$
2,880.00
$
5.1 Investigate Existing Conditions
2,880.00
$
5,960.00
$
6.1 Program Verification
410.00
$
6.2 Prepare 30% Schematic Design
5,550.00
$
11,120.00
$
7.1 Prepare 60% Design Development Set
11,120.00
$
14,525.00
$
8.1 Prepare 98% Construction Document Set
14,525.00
$
3,410.00
$
9.1 Coordinate & Issue Permit Documents
1,500.00
$
9.2 Cover Sheet
410.00
$
9.3 RFIs / Substitution Requests
1,500.00
$
157,852.00
$
13.1 Allowance for Printing Expenses at Direct Cost
5,000.00
$
13.2 Allowance for Structural Engineering
3,300.00
$
13.3 Allowance for Specification Writer
4,114.00
$
13.4 Allowance for MPE Engineering
120,472.00
$
13.5 Allowance for Cost Estimating Services
9,966.00
$
13.6 Owner's Allowance
15,000.00
$
SUBTOTAL COST:
197,687.00
$
EXHIBIT "B-2"
TASK DESCRIPTION
ALLOWANCES
SUBTOTAL
Task 6.0 Schematic Design (30%)
Task 7.0 Design Development (60% & 80%)
Lump Sum Cost Per Task
Task 5.0 Preliminary Research
Task 8.0 Construction Documents (98%)
Task 9.0 Construction Set (100%)
Task 4.0 Quality Control
Task 3.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
Total Project Cost
$375,889
602.954.9060
4545 E. McKinley St. Phoenix, AZ 85008
dfdg.com
Standard Hourly Rate Schedule
Effective 1 January 2021
Principal ................................................................................................................ $205
Design Director ..................................................................................................... $185
Interior Design Director ......................................................................................... $170
Sr. Project Manager .............................................................................................. $155
Project Manager .................................................................................................... $140
Project Architect / LEED Specialist........................................................................ $135
Sr. Project Designer / Construction Administrator / Graphic Designer .................. $130
BIM Manager ......................................................................................................... $115
Project Designer / Planner .................................................................................... $100
Design Staff / Production Staff ................................................................................ $90
Administrative Staff ................................................................................................. $80
Student Intern .......................................................................................................... $60
Reimbursable Expense Markup ............................................................................. 1.10
Markup for Sub-consultants ................................................................................... 1.10
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
EXHIBIT “C”
INSURANCE REQUIREMENTS
1.
General.
1.1 At the same time as execution of this Agreement, Consultant must furnish City a certificate
of insurance on a standard insurance industry ACORD form. The ACORD form must be
issued by an insurance company authorized to transact business in the State of Arizona
possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do
business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement will not be deemed to apply to required Workers’
Compensation coverage.
1.2 Consultant and any of its subconsultants must procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
1.3 The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are
sufficient to protect Consultant from liabilities that might arise out of the performance of
the Agreement services under this Agreement by Consultant, its agents, representatives,
employees, subconsultants, and Consultant is free to purchase any additional insurance as
may be determined necessary.
1.5 Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve Consultant from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
1.6 Use of subconsultants: If any work is subcontracted in any way, Consultant must execute a
written contract with subconsultant containing the same Indemnification Clause and
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is
responsible for executing the Agreement with the subconsultant and obtaining Certificates
of Insurance and verifying the insurance requirements.
2.
Minimum Scope and Limits of Insurance. Consultant must provide coverage with limits of
liability not less than those stated below.
2.1 Professional Liability. If the Agreement is the subject of any professional services or work
performed by Consultant, or if Consultant engages in any professional services or work
adjunct or residual to performing the work under this Agreement, Consultant must maintain
Professional Liability insurance covering errors and omissions arising out of the work or
services performed by Consultant, or anyone employed by Consultant, or anyone whose
acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit of
$1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-2
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
completion and acceptance of the work or services, and Consultant, or its selected Design
Professional will submit Certificates of Insurance as evidence the required coverage is in
effect. The Design Professional must annually submit Certificates of Insurance citing that the
applicable coverage is in force and contains the required provisions for a 3 year period.
2.2 Commercial General Liability-Occurrence Form. Consultant must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Consultant must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles
assigned to or used in the performance of Consultant’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
2.4 Workers Compensation and Employers Liability Insurance: Consultant must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
3.
Additional Policy Provisions Required.
3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by City. If not approved, City may require that the insurer reduce or
eliminate any deductible or self-insured retentions with respect to City, its officers, officials,
agents, employees, and volunteers.
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage.
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained
by City, its officers, officials, agents, and employees will be in excess of the coverage
provided by Consultant and must not contribute to it.
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-3
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
3.1.5. The policies must contain a severability of interest clause and waiver of subrogation
against City, its officers, officials, agents, and employees, for losses arising from Work
performed by Consultant for City.
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of 3
years following completion and acceptance of the Work. Consultant must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
3 year period containing all the Agreement insurance requirements, including naming
City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
3.2. Insurance Cancellation During Term of Contract/Agreement.
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant
must forward renewal or replacement Certificates to City within 10 days after the
renewal date containing all the required insurance provisions.
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must
provide the required coverage and must not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to City, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice must be sent directly to Chandler Law-Risk Management
Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any
insurance company refuses to provide the required notice, Consultant or its
insurance broker must notify City of any cancellation, suspension, non-renewal of any
insurance within seven (7) days of receipt of insurers’ notification to that effect.
3.3
City as Additional Insured. The policies are to contain, or be endorsed to contain, the following
provisions:
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or
be endorsed to contain, the following provisions: City, its officers, officials, agents,
and employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, Consultant including City's general supervision of
Consultant; Products and Completed operations of Consultant; and automobiles
owned, leased, hired, or borrowed by Consultant.
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-4
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 5/11/2021
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by Consultant even if those limits of liability are in
excess of those required by this Agreement.
City of Chandler Professional Services Agreement – Affidavit of Lawful Presence
Page AFF-1
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 11/1/19
EXHIBIT “D”
SPECIAL CONDITIONS
1. Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker
from Consultant’s firm must not be allowed to begin work in any City facility without: (A)
The prior completion and City's acceptance of the required background screening; and (8)
when required, the Contract Worker's receipt of a City issued badge. A badge will be issued
to a Contract Worker solely for access to City facility(s) to which the Contract Worker is
assigned. Each Contract Worker who enters a City facility must use the badge issued to
the Contract Worker.
2. Badges. After receipt of the badge application, the Contract Worker will proceed to the
Badging Office for processing of the badge application and issuance of the badge. City will
not process the badge application until the Contract Worker satisfies the required
Background Screening (as defined herein). The Contract Worker must comply with all
requirements and furnish all requested information as requested by the Badging Office.
Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
3. Key Access Procedures. If the Contract Worker's services require keyed access to enter a
City facility(s), a separate key issue/return form must be completed and submitted by
Consultant for each key issued.
4. Stolen or Lost Badges or Keys. Consultant must report lost or stolen badges or keys to City
immediately. A new badge application or key issue form must be completed and
submitted along with payment of the applicable fees prior to issuance of a new badge or
key.
5. Return of Badges or Keys. All badges and keys are the property of City and must be
returned to City at the Badging Office within one (1) business day of when the Contract
Worker's access to a City facility is no longer required to furnish the services under this
Agreement. Consultant must collect a Contract Worker's badge and key(s) upon the
termination of the Contract Worker's employment; when the Contract Worker's services
are no longer required at the particular City facility(s); or upon termination, cancellation
or expiration of this Agreement.
6. Consultant’s default under this Section must include, but is not limited to the following:
(1) Contract Worker gains access to a City facility(s) without the proper badge or key; (2)
Contract Worker uses a badge or key of another to gain access to a City facility; (3) Contract
Worker commences services under this Agreement without the proper badge, key or
Background Screening; (4) Contract Worker or Consultant submits false information or
negligently submits wrong information to City to obtain a badge, key or applicable
Background Screening; or (5) Consultant fails to collect and timely return Contract
Worker's badge or key upon termination of Contract Worker's employment, reassignment
of Contract Worker to another City facility or upon the expiration, cancellation or
termination of this Agreement. Consultant acknowledges and agrees that the access
City of Chandler Professional Services Agreement – Affidavit of Lawful Presence
Page AFF-2
Public Works & Utilities Department, Capital Projects Division
Project Name: PECOS SURFACE WATER TREATMENT PLANT LABORATORY AND ADMINISTRATION BUILDING HVAC RENOVATIONS
Project No.: WA2106.201
Rev. 11/1/19
control, badge and key requirements in this Section are necessary to preserve and protect
public health, safety and welfare. Accordingly, Consultant agrees to properly cure any
default under this Section within three (3) business days from the date notice of default is
sent by City. The parties agree that Consultant’s failure to properly cure any default under
this Section must constitute a breach of this Section. In addition to any other remedy
available to City at law or in equity, Consultant must be liable for and must pay to City the
sum of one thousand dollars ($1,000.00) for each breach by Consultant of this Section.
The parties further agree that the sum fixed above is reasonable and approximates the
actual or anticipated loss to City at the time and making of this Agreement in the event
that Consultant breaches this Section. Further, the parties expressly acknowledge and
agree to the fixed sum set forth above because of the difficulty of proving City's actual
damages in the event that Consultant breaches this Section. The parties further agree that
three (3) breaches by Consultant of this Section arising out of any default within a
consecutive period of three (3) months or three (3) breaches by Consultant of this Section
arising out of the same default within a period of twelve (12) consecutive months will
constitute a material breach of this Agreement by Consultant and City expressly reserves
all of its rights, remedies and interests under this Agreement, at law and in equity
including, but not limited to, termination of this Agreement.