Professional Services Agreement
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City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
PROFESSIONAL SERVICES AGREEMENT
Design Services
MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No. BF2206.201
Council Date: January 27, 2022 Item No.
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________,
2022 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation,
("City''), and Arrington Watkins Architects, LLC, an Arizona limited Liability company,
("Consultant") (City and Consultant may individually be referred to as “Party” and collectively
referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for MAIN POLICE
DEPARTMENT REDUNDANT POWER 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
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.
City of Chandler Professional Services Agreement
Page 2
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
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 90
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 $66,740 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: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
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:
City of Chandler
Public Works & Utilities Department
Attn: Project Manager
P.O. Box 4008, Mail Stop 407,
Chandler, AZ 85244-4008
To Consultant:
Arrington Watkins Architects, LLC
Mailing Address: 5240 N. 16th St., Ste. 101, Phoenix, AZ 85016
Physical Address:
Statutory Agent Name: N/A
Statutory Agent Mailing Address:
Statutory Agent Physical Address:
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name: Matthew A. Gorman
Title: Principal Architect
Phone: 602-279-4373
Email: mgorman@awarch.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: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results
in a substantial change in this Agreement, thereby materially increasing or decreasing the
scope of services, cost of performance, or Project schedule, the work will be performed as
directed by City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work
or materials furnished by Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that City reserves the right, at its discretion and without cause, to
terminate or abandon any service provided for in this Agreement, or abandon any portion of
the Project for which services have been performed by Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and City. If there is no mutual agreement on payment, the final determination will
be made in accordance with the "Disputes" provision in this Agreement. However, in no event
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
the Parties agree on the final fee. If City is found to have improperly terminated the
Agreement for cause or default, the termination will be converted to a termination for
convenience in accordance with the provisions of this Agreement.
5.5 Indemnification. To the extent permitted by law, the Consultant ("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
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
(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
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.
City of Chandler Professional Services Agreement
Page 6
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
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.
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
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
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
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
City of Chandler Professional Services Agreement
Page 8
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
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
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
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
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.
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.
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
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
This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
"CITY"
CITY OF CHANDLER
Recommended By:
Andrew Goh, P.E.
CIP City Engineer
MAYOR
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
"CONSUL TANT"
Arrington Watkins Architects, LLC
Signature
Print Name
Title
Signer Email Address
City of Chandler Pncifessional Services Agreement
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLl'CE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
Seal
Date
Page 12
1-12-2022
Matthew A Gorman
Principal Architect
mgorman@awarch.com
City of Chandler Professional Services Agreement – Exhibit “A”
Page A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
5 2 4 0 N o rth 16 th Stre e t
Suite 10 1
Pho e nix, Arizo na 8 5 0 16
Te le p ho ne : (6 0 2 ) 2 79 -4 3 73
Fax: (6 0 2 ) 2 79 -9 110
A Lim ited Liability Com pany
December 9, 2021
Kimberly Moon, PE
Assistant CIP City Engineer | Principal Engineer of CIP Design Group
City of Chandler Public Works & Utilities
PO Box 4008, MS 407
215 E Buffalo Street, Suite 101
Chandler, AZ 85244-4008
RE:
Architectural Services for
Police Headquarters generator replacement
250 E Chicago St, Chandler, Arizona 85225
Ms. Moon:
Per your request, Arrington Watkins Architects LLC, is submitting this proposal to provide Design
services for the Police Headquarters generator replacement. Features of the project are described in
Attachment 1. The construction budget is undefined. Terms will be as stated in our on-call agreement.
The proposal is organized as follows:
Scope of services (Attachment 1)
Exhibit “B” Fee Proposal summary
Exhibit “B” Fee proposal – Arrington Watkins Architects, detail.
Fee proposal – LSW Engineers
Professional Fee - The lump sum fees for this project are:
Design phase services:
$62,240
Additional allowances for work that may be required are as follows:
•
Owner allowance:
$1,500
•
Printing and related expense:
$500
•
Structural Design allowance:
$2,500
Total
$66,740
Project Duration – the overall design duration is anticipated to be 6 months or less from the
Architect’s Notice to Proceed. A detailed schedule will be prepared after NTP in coordination with the
police department.
Sincerely,
Arrington Watkins Architects, LLC
Matthew A. Gorman
Principal Architect
Attachment 1
DESIGN SCOPE OF WORK
December 6, 2021
Design Services for
Police Headquarters Generator Replacement
GENERAL DESCRIPTION
This project will provide a design to replace the back-up generator at the Police
Headquarters building located at 250 E. Chicago St., Chandler, AZ 85225. PD HQ
currently utilizes a 400 kW Natural Gas Standby generator installed with the
construction of the building in approximately 1997/1998. The new design will provide
two (2) 500 kW, 480Y/277V, 4W, 3-Phase diesel generators with subbase fuel tanks.
The generators will be provided with an output breaker, an ATS and generator output
switchboard. Site work, fencing and support pads will be designed.
Construction Process: The project will be constructed using the Design-Bid-Build
process.
DESIGN SCHEDULE
To be coordinated with Owner.
PROJECT PHASES
The scope of work will consist of the phases as outlined in the contract with the
following clarifications:
Task 1.0 Pre-design/15% plans:
•
Kickoff meeting (in-person meeting onsite with walk after)
•
Research existing conditions: site visit with architect and consultants to take
measurements and confirm existing conditions
•
15% - concept development meeting and plan sheets in a workshop style over the
shoulder meeting with core project team only.
•
Deliverable: Concept site plan, electrical plan, lighting plan, one-line, equipment cut
sheets, and initial code analysis.
Task 2.0 60% Design:
•
60% plans for review
•
60% comment tracking log and comment resolution meeting for project team
•
Meetings with key City staff, to review the progress of the design. Prepare meeting
minutes.
•
Deliverable: 60% documents, including:
Design Scope of Work
Police Headquarters generator replacement
Arrington Watkins Architects, LLC
Page. 2
o
60% Plans, details, key specifications.
Task 3.0 Construction Documents (90% and 100% Design)
•
Develop construction documents necessary to obtain a building permit and for
construct the project.
•
Participate in coordination meetings.
•
One meeting with Building Department to discuss the project (if appropriate).
•
90% construction document submittal for Owner review.
•
Collect and document review comments.
•
Meet with core project team to resolve comments.
•
Finalize 100% construction documents for building permit review.
•
Building Permit:
o
Submit plans to the Development Services for review.
o
Submit plans to Engineering for review, if needed.
o
Pick up redlines, if required by plan reviewer.
o
Resubmit documents for approval.
•
Provide Owner with all revised information.
o
Conversion of electronic files to CAD for City use (one time event).
o
Final plans, specifications and estimate submitted for record.
•
Deliverable:
o
90% plans and technical specification. We understand the client will prepare
Division 0 and 1 specification.
o
100% construction documents.
DESIGN TEAM RESPONSIBILITIES
The Architect will be required to retain and be responsible for themselves and the
following engineering disciplines. Detailed proposals by each consultant are available for
review if requested.
•
Arrington Watkins Architects
•
Design team project management.
•
Architecture, site coordination, fencing.
•
Life safety code compliance.
•
Submissions and presentations.
•
LSW Engineers (MPE Engineers)
•
Electrical engineering for power and lighting. Refer to attached proposal.
End of Scope
Design Scope of Work
Police Headquarters generator replacement
Arrington Watkins Architects, LLC
Page. 3
DESIGN STANDARDS
Applicable federal, state, county, and local requirements covering the design and construction of this
project. The applicable design standards include the following, listed in order of precedence:
•
City of Chandler Development Codes including building code
DESIGN PHASE PROJECT MEETINGS
AW will attend and participate in the following project meetings. AW will prepare and distribute
attendance sheet, meeting agenda, and meeting minutes as indicated below. Meeting minutes will be
prepared by AW within five days after the meeting and send to the City’s project manager for review;
then after approval AW will distribute to all meeting participants. City will be responsible for inviting
appropriate City staff and other stakeholders to project meetings. Meetings included in this scope of
work include the following:
Meeting Type
Number of
Meetings
Documentation
Kick off Meeting
1
Meeting Minutes
Programming Meetings
0
N/A
Design Progress Meetings (60 and 90%)
2
Meeting Minutes
Neighborhood Meetings
0
N/A
Public Meetings
0
N/A
Comment Resolution
0
N/A
Building Department
1
Meeting Minutes
Council Meeting
0
N/A
Total Meetings During Design
7
Meetings will be virtual when practical to do so.
PROJECT MANAGEMENT AND COORDINATION
AW shall provide internal project management and control for all aspects of engineering design.
Included in this task are management and maintenance of project schedule, records, correspondence,
quality control activities, and correspondence with City staff.
DIRECT COSTS / REIMBURSABLE EXPENSES
Along with the architectural/engineering design fee total on the proposal cover sheet, we have provided
totals for direct costs and reimbursable expenses (see bullet points below). City shall reimburse AW for
direct costs and reimbursable expenses incurred as part of this project. Anticipated direct costs and
reimbursable expenses shall include the following:
•
Document reproduction for all deliverables identified
•
Sub consultant services
•
Mileage is NOT reimbursed by the City of Chandler for local consultants
Design Scope of Work
Police Headquarters generator replacement
Arrington Watkins Architects, LLC
Page. 4
ALLOWANCES
Along with the architectural/engineering design fee total on the proposal cover sheet, we have provided
totals for allowances. The following allowances are provided for additional services that may be
requested by the city as part of this project.
Owner’s Allowance: A general ALLOWANCE is provided for additional services not identified in this
scope of work but determined by the city to be required for completion of the project. All tasks
completed under this allowance shall be identified and authorized by the city in advance. Allowances
will only be used with prior written authorization from the city’s project manager. All allowances will be
tracked and identified separately on invoices.
•
Additional Task may include the following:
o
Additional investigation of existing conditions
o
Additional design meetings
EXCLUSIONS
The following work is specifically excluded from the Scope of Work for this project:
•
Bidding support services
•
Construction Administration services.
•
Legal descriptions for utility easements
•
Meetings or teleconference meetings beyond those listed.
•
Technology system design
•
Life cycle cost analysis
CITY OF CHANDLER RESPONSIBILITIES
•
Provide record construction drawings of the facility
•
Participate in design meetings
•
Coordinate interdepartmental communication.
•
Provide document review and feedback at each phase
•
Pay all permit submittal fees
City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 10/28/2021
EXHIBIT “B”
COMPENSATION AND FEES
Task
Cost
1
1. Pre-design/15% plans
-
5,060.00
$
2
2. 60% Design
-
4,285.00
$
3
3. 90% and 100% Construction Docs
0
8,620.00
$
4
0
0
-
$
SUBCONSULTANTS
44,275.00
$
-
$
44,275.00
$
ALLOWANCES
500.00
$
Structural Design Allowance
2,500.00
$
1,500.00
$
4,500.00
$
66,740.00
$
SUBTOTAL TASK 1:
SUBTOTAL TASK 2:
Description
Arrington Watkins Architects LLC
EXHIBIT "B"
DESIGN
SCOPE OF SERVICES
FEE SCHEDULE
Police Headquarters generator replacement
Direct Expense Allowance
Owner's Allowance
SUBTOTAL ALLOWANCES:
PROJECT TOTAL:
SUBTOTAL TASK 3:
SUBTOTAL SUBCONSULTANTS:
LSW Engineers
SUBTOTAL TASK 4:
Police Headquarters generator replacement
Principal
Architect
Project
Manager
Architect
BIM/
Drafter
Administrative
Assistant
$ 200.00 $ 170.00 $ 150.00 $ 110.00 $
85.00
3
0
11
24
2
5,060.00
$
40
1.1 Project start up
1
1
285.00
$
2
1.2 Kick off meeting and prep
2
2
1
785.00
$
5
1.3 Existing conditions research
4
600.00
$
4
1.4 Background models
1
16
1,910.00
$
17
1.5 Code analyis
2
300.00
$
2
1.6 15% drawings
2
8
1,180.00
$
10
0
0
14
16
5
4,285.00
$
35
2.1 Plans
4
16
2,360.00
$
20
2.2 Specifications
8
3
1,455.00
$
11
2.3 Meetings
2
2
470.00
$
4
2
0
34
16
16
8,620.00
$
68
3.1 Plans
1
8
12
2
2,890.00
$
23
3.2 Specifications
6
6
1,410.00
$
12
3.3 Meetings
2
2
470.00
$
4
3.4 Permit submittal
3
1
535.00
$
4
3.5 Review response
1
8
4
2
2,010.00
$
15
3.6 Resubmittal
3
1
535.00
$
4
3.7 Package project for bid
4
2
770.00
$
6
5
0
59
56
23
$17,965
143
< HOURLY RATES
Arrington Watkins Architects LLC
EXHIBIT "B-2"
Hours and Rates
< PROJECT ROLE
< NAME OF PERSON
TOTAL HOURS:
TASK DESCRIPTION
TOTAL HOURS
PER TASK
1. Pre-design/15% plans
2. 60% Design
3. 90% and 100% Construction Docs
2333 W Northern Ave, #9 . Phoenix, Arizona 85021-9334 . Telephone 602.249.1320 . Facsimile 602.336.3276
December 3, 2021
Arrington Watkins Architects
5240 N 16th St
Phoenix, AZ 85016
Attn:
Matt Gorman
Re:
Chandler Police Headquarters Generator Replacement
LSW Proposal PR2021-478
Mr. Gorman:
We are pleased to offer our engineering services for the generator replacement at City of
Chandler Police Headquarters Building located at 250 East Chicago Street.
PROJECT UNDERSTANDING
This project is understood to be a design of the replacement of the existing generator at the
Police HQ building per the “City of Chandler Main PD Generator Assessment” authored by
LSW (reference LSW project number 2021-134.000). It understood the City would like to
pursue “Solution 2” from the assessment. The project delivery system is assumed to be
Design-Bid-Build
Our electrical engineering services for this project will consist of the following. Services not
indicated below are considered outside of our basic scope and will be provided upon
request as an additional service.
It is our understanding that the design of this project will include number and description of
deliverables as defined below. Schedule is to be coordinated with the Owner after notice to
proceed.
Task 1.0 - Pre-Design/15% Package
1.
Provide basic sketch (PDF markups) drawing showing the engineering systems
intended for this project.
2.
Provide a written narrative describing the engineering systems intended for this
project.
3.
Assist the architectural design team with the engineering systems space
requirements in the development of the schematic building floor plan.
SIGN
Arrington Watkins Architects
LSW Proposal PR2021-478
December 3, 2021
Page 2
Task 2.0 - 60% Design
1.
Prepare design development drawings showing all main engineering systems
equipment locations and sizes. Equipment weights will be shown as needed for the
Structural Engineer. The drawings will also include the following:
a.
Routing of site electrical duct banks.
2.
Provide engineering systems equipment cut sheets for review.
3.
Assist the architectural design team in the development of the ceiling plan.
Task 3.0 - Construction Documents (90% and 100% Design)
1.
(90%) Completion of the engineering design drawings.
2.
(90%) Completion of the engineering specifications.
3.
(100%) Finalizing the design drawings and specifications addressing the Plan Review
and Owner comments.
SCOPE OF WORK
Electrical
The electrical scope for this project is anticipated to include:
1.
Design of the electrical power distribution for this project, including connection to
the equipment, receptacles, lighting, and Owner equipment related to the new
generator system.
2.
General Lighting: Our design includes relocation of existing site lighting and possible
selection of lighting fixtures, locating the lighting fixtures and the associated
switching/control of the lighting systems within the generator yard.
3.
Lighting system illumination and energy compliance calculations for lighting fixtures
selected by LSW are included if required by the local jurisdiction. An illumination
and energy compliance calculation for lighting fixtures selected by others is not
included.
4.
For the purpose of justifying load additions to existing electrical infrastructure,
existing electrical loads will be established from existing record drawings and our
site investigation. If adequate records and documentation are not available, 30-day
maximum demand load readings may be required (which are not included).
GENERAL
Our scope will include the following general engineering services for the project:
Arrington Watkins Architects
LSW Proposal PR2021-478
December 3, 2021
Page 3
1.
Site investigation to observe the systems associated with this project (site
investigation is limited to accessible areas only).
2.
Attend up to three (3) meetings during the design phase of this project. Included
meeting are anticipated as follows:
a.
Project Kick Off and Site Walk
b.
60% Design Coordination
c.
90% Design Coordination
3.
Design using Revit with models stored on a BIM360 Project HUB. It is required that
while our model is in BIM360, the model shall remain independent from all
disciplines outside of our scope of work, and any revisions to the model shall be
made by our staff only. It is anticipated that the architectural BIM360 model
elements will be “frozen” 14 days before each milestone deliverable.
4.
Provide one set of drawings in electronic portable document format (PDF) at each
intermediate deliverable.
5.
Provide one final set of signed and sealed drawings in electronic portable document
format (PDF) at the completion of design.
6.
Provide one final set of signed and sealed specifications in electronic portable
document format (PDF) at the completion of design.
7.
Our bid phase services will include attendance at the Pre-Bid Meeting.
PROFESSIONAL FEE
Our fee for the work outlined above is a lump sum amount as follows:
Task 1.0 – 15%
$6,620.
Task 2.0 – 60%
11,120.
Task 3.0 – 90/100%
26,535.
----------
Total
$44,275.
NOTE: This fee includes all travel expenses incurred within the metropolitan Phoenix area.
Travel outside the metropolitan Phoenix area will be billed as a reimbursable expense,
including, but not limited to, travel, rentals, meals, lodging, and reasonable incidental
expenses.
This fee does not include plotting or printing of sets of our drawings or other discipline’s
drawings for interprofessional coordination or distribution.
This fee is quoted on a lump sum basis. The breakdown of the fee into phases or tasks is for
your convenience. The fee will be billed 100% at the end of the project, unless the scope of
the project is changed by written agreement.
Arrington Watkins Architects
LSW Proposal PR2021-478
December 3, 2021
Page 4
CLIENT SERVICES
Services requested of the Client and/or Owner include the following:
1.
Provide the following as required to assist us in the site investigation of existing
conditions: facility access and an escort, ladders or other means to access overhead
systems and equipment, and authorization for the use of cameras.
2.
Provide copies of the existing construction documents.
3.
Provide access to the building maintenance staff to answer questions.
4.
Provide all connection requirements for Owner-provided equipment.
5.
Provide a project title block and updated Revit model in a timely manner to meet
the established project deliverables.
6.
Provide the following building and Owner information:
a.
Building Occupancy Classification.
b.
Building Construction Type.
c.
Building Hazard Classification.
d.
Building Seismic and Risk Category.
e.
Owner’s Fire Suppression Insurance Requirements.
7.
Provide a water flow and pressure test to document the water main capabilities.
8.
Provide a PDF set of the drawings at each established deliverable.
EXCLUSIONS
1.
Mechanical, plumbing, fire protection, fire alarm, and technology design.
2.
Cost estimating.
3.
Construction administration services.
4.
Meetings or teleconference meetings beyond those listed.
5.
Electrical demand load readings.
6.
All work associated with LEED certification of the project.
7.
Building Information Modeling (BIM) beyond an LOD-200 or clash-free modeling
including COBie, Uniformat, MasterFormat, OmniClass, etc., input data.
Arrington Watkins Architects
LSW Proposal PR2021-478
December 3, 2021
Page 5
8.
Building energy consumption calculations or modeling.
9.
Design of stair pressurization, smoke removal, or smoke evacuation systems.
10.
Documenting energy code compliance of the building envelope or other systems
not in our scope of services described above.
11.
Utility company energy rebate data collection and/or submission.
12.
Life cycle cost analysis.
13.
All support or coordination work associated with an independent Commissioning
Agent.
14.
Functional testing or commissioning services.
15.
Value engineering services or changes after completion of the associated 60%
design documents.
16.
Any design services caused by scope changes.
17.
Preparation of Revit or BIM record drawings. These drawings are assumed to be
provided by the Contractor.
18.
Work in relation to the delinquency or insolvency of the Contractor(s).
19.
Project partnering meetings.
ADDITIONAL SERVICES
Additional services will be performed on an hourly basis at our standard billing rates or a
separate fixed fee contract as determined by your firm. Our current rate structure is shown
below for your reference. Hourly contracted work will be invoiced based on our rates in
effect at the time of such requests.
2022:
Principal
$220./ hour
Senior Engineer
$200./ hour
Engineer
$150./ hour
Senior Designer
$130./ hour
Field Observer
$120./ hour
Designer
$110./ hour
CAD Operator
$80./ hour
Administrative
$75./ hour
Outside Services
Our cost
This proposal is effective for not more than 90 days.
Arrington Watkins Architects
LSW Proposal PR2021-478
December 3, 2021
Page 6
LSW accepts the AIA contract and requests that you prepare this document reflecting the
terms and conditions of this proposal for our mutual execution prior to our beginning work.
We appreciate this opportunity and look forward to working with your firm on this project.
Regards,
LSW ENGINEERS ARIZONA, INC.
Josh Shore, PE
Vice President
jps:mdr:ajb:mw
Please indicate your acceptance of this proposal by signing and returning one copy of this
letter for our files.
APPROVED:
DATE:
YOUR PROJECT / REFERENCE NO.:
PR2021-478 fee Chandler PD HQ Generator Replacement.docx
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev 10/28/2021
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: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev 10/28/2021
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: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev 10/28/2021
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. (Does not apply to Professional Liability coverage.)
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of 3
years following completion and acceptance of the Work. Consultant must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
3-year period containing all the Agreement insurance requirements, including
naming City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will
reasonably rely upon the Certificate of Insurance as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
3.2. Insurance Cancellation During Term of 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; Products and Completed operations of
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant.
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by Consultant even if those limits of liability are in
excess of those required by this Agreement.
City of Chandler Professional Services Agreement – Affidavit of Lawful Presence
Page AFF-1
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
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
control, badge and key requirements in this Section are necessary to preserve and protect
City of Chandler Professional Services Agreement – Affidavit of Lawful Presence
Page AFF-2
Public Works & Utilities Department, Capital Projects Division
Project Name: MAIN POLICE DEPARTMENT REDUNDANT POWER
Project No.: BF2206.201
Rev. 11/1/19
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.