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City of Chandler Professional Services Agreement
Page 1
Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
PROFESSIONAL SERVICES AGREEMENT
Design Services
TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No. PR2106.201
Council Date: March 24, 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 Gavan & Barker, 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 TUMBLEWEED PARK
SOFTBALL FIELD COMPLEX 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: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
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 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 $588,441.01 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: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
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:
Gavan & Barker, Inc.
Mailing Address: 3030 N. Central Ave Ste 700 Phoenix AZ 85012
Statutory Agent Name: Lon Licht
Statutory Agent Mailing Address: 5225 N Central Ave Ste 115 Phoenix AZ
85012
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name: John Barker
Title: Principal Landscape Architect
Phone: 602-200-0031
Email: jbarker@gavanbarker.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
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
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
(including court costs, attorneys' fees and costs of claim processing, investigation and
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
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.
Correction of errors disclosed and determined to exist during any construction of the project on
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
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
and without fault of the Party (financial inability excepted), performance of that act may be
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
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.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
City of Chandler Professional Services Agreement
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Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
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
and agrees to compensate City if any of the provisions of this Section are violated by
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Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
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
contemporaneous written or oral agreement between the Parties regarding the subject
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Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
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: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
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
City of Chandler Professional Services Agreement – Exhibit “A”
Page A-1
Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1/14/2022
Tumbleweed Park Ballfield Complex
Project No. PR2106.201
Page 1 of 11
ATTACHMENT A
DETAILED DESCRIPTION OF THE PROJECT
AND
DESIGN CONSULTANT SCOPE OF SERVICES
PROJECT TITLE: Tumbleweed Park Ballfield Complex
PROJECT NO.: PR2106.201
Chandler, AZ.
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1.
Design consultant will provide services for the design, permitting, and development of
construction documents for the development of a new four-field ballfield complex at
Tumbleweed Park, located in the square mile bordered by Germann, McQueen, and Queen
Creek Roads, and Arizona Avenue, Chandler, Arizona, all as more specifically described
herein below.
The design elements of this project may include, but not be limited to, four lighted ballfields,
lighted parking lots with approximately 420 spaces, restroom building, including water and
sewer connections, sidewalks and multi-use path, extension of Pioneer Parkway of
approximately 1100-ft, extension of an 8-inch water line in Pioneer Parkway, ¾-mile street
improvements on Ryan Road from the Union Pacific Railroad (U.P.R.R.) to McQueen Road,
area and street lighting, landscaping and irrigation, possible traffic signals at McQueen Road,
and other associated functions. The project location is more specifically described as an
area of approximately 19 acres located between Pioneer Parkway and Ryan Road, and
between the Union Pacific Railroad and McQueen Road. The ballfield site is currently being
farmed and is flood irrigated.
1.2.
The following are more specific project element descriptions:
Ballfields: Four lighted softball fields with a minimum 300-ft outfield fence will be designed. It
is understood that the City desires a larger field if possible, which will be studied. The fields
will be designed using artificial synthetic turf for both the outfield and infield playing surfaces.
A subsurface drainage system will be designed to accommodate the artificial turf. A sprinkler
system will also be designed to provide cooling of the artificial turf. The ballfields will include
chain link outfield and backstop fencing, and shaded dugouts and spectator seating. Multiple
lighted parking lots will be designed around the new ballfields providing for approximately 420
spaces. Retention basins will be designed to accommodate the parking lots and the Pioneer
Parkway extension.
Restroom Building: A new restroom building with approximately 700 square feet will be
designed and located to service the four ballfields. The restroom will be similar to the unisex
restroom recently built on the north side of Pioneer Parkway at the four multi-use fields,
including approximately 10 stalls, with related plumbing chase and maintenance space, and
an exterior drinking fountain. A new sewer line will be designed from the restroom to an
existing manhole located south of the proposed restroom between the ballfields. A new
restroom water service will be connected to a new water main installed with the extension of
Pioneer Parkway.
Pioneer Parkway Roadway Extension: The design of the Pioneer Parkway extension will
include extending the existing roadway west and south to a new intersection at Ryan Road for
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Project No. PR2106.201
Page 2 of 11
a distance of approximately 1100 feet. The roadway section will consist of a 15-ft raised
median, and a 13-ft through lane and 5-ft bike lane in each direction with 8-ft wide parallel
parking on both sides of the road. The alignment of Pioneer Parkway will be determined based
on coordination with City Transportation and the type of intersection required at Ryan Road.
Existing Pioneer Parkway Landscaping and Retention: The project will include studying
the existing portion of Pioneer Parkway east of Hamilton Street to Anvil Road, to determine
the roadway retention required and how much of the existing retention area can be removed.
The design will then provide grading and landscaping to match the character of the park.
Water Line Extension: The water design for this project will include the extension of an 8-inch
water main in Pioneer Parkway that will connect to the existing 12” waterline in Ryan Road;
providing a looped system for the softball complex. The waterline extension will include fire
hydrants along Pioneer and within the softball complex, a building fire line for the restroom,
and a water service line for the restroom.
Floodplain Regulations: The new park improvements will be designed to meet the
requirements as outlined in the City of Chandler Drainage Policies and Standards Technical
Design Manual #3 (TDM #3). The site is located within the FEMA Flood Zone ‘AH’ that runs
along the east side of UPRR. Therefore, the grading plan will have to conform to the Flood
Control District of Maricopa County (District) Floodplain Regulations. The Regulations require
new development within Zone ‘AH’ to preserve the 100-year flood pool volume and the lateral
conveyance along the RR, with no decrease in storage volume or conveyance area. This will
be accommodated by adjusting the ballfield elevations low enough to maintain flood storage
volume while keeping the restroom finished floor elevation above the Regulatory Flood
Elevation. To accomplish this, it is anticipated that a central raised restroom and spectator
seating area will be necessary at the center of the softball complex. We will coordinate with
the District to get concurrence on the grading plan prior to submitting final plans for the
floodplain use permit.
Railway Museum Storm Water: It is understood that the Railway Museum wants to raise the
elevation of their storage yard to reduce the amount of low-lying drainage retention area within
the yard. During the last phase of park development, the storm water retention basin for the
multi-use fields was upsized to accommodate the runoff from the Railway Museum, allowing
the raising of the Museum storage area. Grading design will be provided within the Museum’s
yard to ensure that it drains out to the upsized retention basin on the north side of the multi-
use fields.
Railway Museum Site Coordination: Construction of the new Pioneer Parkway and
connection to Ryan Road will disrupt the existing entrance road to the Museum. Coordination
will be provided, and the design will plan to provide temporary access as well as the plan for
future Museum facilities. We will provide design of a new Museum driveway and lighted parking
lot, and associated storm water retention basins.
Ryan Road Improvements: Half-street design will be provided for Ryan Road from the
U.P.R.R. to approximately one-half mile to the east, and then continuing east with
approximately a quarter-mile of full street improvements to McQueen Road. The half-street
improvements will require coordination with the proposed private development improvements
on the south side of Ryan Road. Ryan Road improvements will include undergrounding the
SRP and private irrigation delivery ditches, and possibly undergrounding the overhead power
and communication lines on the north side of Ryan Road. Along with new curb, gutter and
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sidewalk improvements, street lighting, shared-use path, and landscape design will be
prepared.
Landscape: Landscape design will be prepared for the park ballfield, parking, and retention
areas, as well as the roadway improvement areas, including medians, half and full street
right-of-way areas. The planting design will follow the character of the existing Tumbleweed
Park landscape, including turf and low water using trees, shrubs, and ground covers.
Landscape Irrigation:
In addition to the artificial turf cooling sprinkler system design,
natural turf irrigation and drip irrigation will be designed for the project landscape
improvements. The natural turf sprinkler system and drip system will utilize the existing pump
system installed with the multi-use fields in the last park phase which is connected to the
Tumbleweed Park reclaimed water source.
1.3.
Consultant will provide all design services for the Project including, but not limited to, normal
landscape, civil, architectural, traffic and electrical engineering services.
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.
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.
5. PRELIMINARY RESEARCH:
5.1.
Document Search and Research: As and for preliminary research before preparing the
project design, Consultant will:
a. Perform a Document Search for utility as-builts.
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Project No. PR2106.201
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b. Perform a Document search for rights-of-way.
c. Perform a Document search for survey ties and benchmarks.
d. Perform a Document search for City policies, regulations, standards, design manuals, and
requirements, etc. relevant to project.
e. Research and/or obtain geotechnical reports and investigations, master plans, computer
model data and field surveys.
f. Research all utility companies/agencies and acquire all available as-built and utility
records.
5.2.
Investigate existing conditions, make measured drawings, and verify accuracy of drawings
or other information furnished by City.
5.3.
Survey: Consultant must provide a survey of the project area that includes complete
topographical and property data of the immediate site. Design must utilize established City
of Chandler benchmarks and reference locations of benchmarks on the plans. Clearly define
the benchmark location and elevation that will be utilized for construction of this facility. The
survey limits include approximately 48-acres in the southwest corner of Tumbleweed Park
and the Ryan Road right-of-way as shown on the exhibit within the attached survey proposal
(SEE ATTACHED SCOPE OF WORK FOR THE TOPOGRAPHIC SURVEY PREPARED
BY RICK ENGINEERING).
6. UTILITY/AGENCY COORDINATION:
6.1
Coordination with utility companies and agencies will be in accordance with the latest version
of the “Public Improvement Project Guide” (PIPG).
6.2
Consultant must identify utility conflicts during the initial stages of the design process.
6.3
Consultant must coordinate the design and installation of the utilities, which includes, but is
not limited to, services for electric, communications, water, storm drainage, irrigation and
sanitary systems, etc.
a. Consultant shall coordinate the 8-inch water line extension and the reclaimed water
irrigation extension through the Maricopa County Environmental Services.
Consultant shall coordinate the “Approval to Construct” application packages to the
County for the water line and use of reclaimed water for irrigation. The “Approval of
Construction” will be provided in a construction administration services provided
under a separate contract agreement.
b. Consultant shall coordinate flood plain consultation with the Flood Control District of
Maricopa County (FCDMC). Consultant shall prepare a drainage report for review
and approval by FCDMC to show that the new improvements will not impact the
existing flood plain.
6.4
Easements for these utilities must be identified early in the design stage of the project and
necessary information provided to City’s Real Estate Department to allow City to complete
acquisition during the design phase.
6.5
Consultant must submit preliminary plans, specifications, and design calculations to
utilities/agencies for review and use during their design for their service improvements or any
1/14/2022
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Project No. PR2106.201
Page 5 of 11
necessary relocations.
6.6
Consultant must conduct utility meetings to coordinate relocations with utility/agency and
establish relocation schedules.
6.7
Consultant must follow-up with the final design submittal for utility construction and
coordination with the bid documents.
6.8
Consultant must incorporate the utility/agency private developer construction requirements
into the bid documents.
7. GEOTECHNICAL INVESTIGATION:
7.1.
Consultant will provide Geotechnical reconnaissance and recommendations for the site
grading, pavements, structures, and retention percolation. Representative samples shall be
obtained (field exploration) and appropriate lab testing and analysis shall be conducted for
the design of pavements and foundations. Recommendations and conclusions will be
presented in the final report. SEE ATTACHED SCOPE OF WORK FOR GEOTECHNICAL
ENGINEERING PREPARED BY RICKER, ATKINSON, MCBEE, MORMON &
ASSOCIATES.
7.2.
Sub-surface soil conditions, established by the geotechnical investigations, shall be
incorporated into the bid documents in a manner usable to the excavation and foundation
bidding and construction.
8. PROGRAMMING:
8.1.
Consultant must meet with City staff to ascertain the requirements of the Project and will
arrive at a mutual understanding of such requirements.
8.2.
Consultant shall participate in Public Information meetings as determined by City. An
allowance is established to be used as needed for public information meetings including
preparing exhibits, facilitating discussions and documenting meeting information exchange.
City will advertise and promote the meetings.
8.3.
Consultant must facilitate bi-weekly meetings to gather pertinent information from City staff,
Municipal Utilities, Railway Museum, Private Development, etc. Two bi-weekly meetings are
anticipated during the programming phase.
8.4.
Consultant must prepare a “Program” which will include:
a. Establish construction budget;
b. Complete documentation of site survey from preliminary work (base sheets);
c. Define new building space needs;
d. Define new space requirements and amenities necessary to accommodate planned
activities;
e. Define site requirements.
8.5.
Based on the mutually agreed-upon program, schedule and construction budget
requirements, Consultant must prepare, for approval by City, Schematic Design Documents
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Project No. PR2106.201
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consisting of drawings and other documents illustrating the scale and relationship of the
Project components.
9. SCHEMATIC DESIGN (30% Document Review):
9.1. Consultant shall refine the site plan based on the park master plan and the refined
programming. The refined schematic site plan will show the street extension of Pioneer
Parkway, Ryan Road improvements, ballfield four-plex and parking lot layout, sidewalks,
restroom location, and landscaping. Schematic plans for the restroom will be included and will
show a floor plan and section elevations. The Schematic plans will be provided for City review
and for a City Pre-Tech review.
9.2. Tasks included in programming/schematic design include:
9.2.1. Refinement of concept site plan
9.2.2. Preliminary drainage calculations
9.2.3. Schematic grading plans
9.2.4. Schematic water & sewer plans (Plan view only)
9.2.5. Schematic roadway plans (Plan view only)
9.2.6. Schematic landscape plans
9.2.7. Schematic architectural plan
9.2.8. Preliminary cost estimate
9.3. Four bi-weekly on-line meetings are anticipated during the schematic design phase.
10. DESIGN DEVELOPMENT (60% Document Review):
10.1. Based on the approved Schematic Design Documents and any adjustments authorized by
CITY in the program, schedule or construction budget, Consultant shall prepare, for approval
by the CITY, Design Development Documents. Using the information gathered from the
schematic design phase, 60% plans will be prepared including grading and drainage,
landscape, irrigation, electrical, and architectural, along with associated details for the fields,
restroom, and other new improvements. Tasks include:
10.1.1. Site plan refinement
10.1.2. Outline specifications
10.1.3. Construction plans
10.1.4. Site details
10.1.5. Grading plans
10.1.6. Water, sewer, and reclaimed water plans
10.1.7. Roadway plan & profile plans
10.1.8. SRP irrigation pipe plan & profile plans
10.1.9. Planting plans
10.1.10. Irrigation plans: Including design of both artificial turf cooling sprinkler system and
sprinkler and drip irrigation. - SEE ATTACHED SCOPE OF WORK FOR SPRINKLER
IRRIGATION DESIGN PREPARED BY CARL KOMINSKY.
10.1.11. Landscape details
10.1.12. Architectural plans – SEE ATTACHED SCOPE OF WORK FOR RESTROOM
ARCHITECTURAL PLANS PREPARED BY RJA ARCHITECTS.
10.1.13. Electrical plans: including site lighting and street lighting – SEE ATTACHED SCOPE
OF WORK FOR ELECTRICAL ENGINEERING PREPARED BY WRIGHT
ENGINEERING.
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Project No. PR2106.201
Page 7 of 11
10.1.14. Cost estimate
10.2. Four bi-weekly on-line meetings are anticipated during the design development phase. It is
anticipated that an additional on-site meeting may also be required in this phase.
11. CONSTRUCTION DOCUMENTS (90% & 100% Document Review):
11.1. 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
shall prepare construction documents final submittal which will include final plans,
specifications, cost estimate, and drainage report for submittal to City Plan Review. Tasks
include:
11.1.1. Final construction plans
11.1.2. Final grading plans
11.1.3. Final water, sewer, and reclaimed water plans
11.1.4. Final horizontal control plans
11.1.5. Final site details
11.1.6. Final roadway plan & profile plans
11.1.7. Final SRP pipe plan & profile plans
11.1.8. Final planting plans & details
11.1.9. Final irrigation plans & details
11.1.10. Final electrical plans, details, & photometrics
11.1.11. Erosion/sediment control plans
11.1.12. Final architectural plans
11.1.13. Final technical specifications
11.1.14. Final drainage report - Calculations will be prepared (schematic phase) documenting
the required storm water retention volume for approval by the City. The final report will
also document the anticipated contributing offsite flows which will be conveyed through
the project site. A final report will be produced during the construction document
phase reflecting final design and required storm water retention volumes, prepared in
accordance with City of Chandler drainage requirements. The report will also
document the storage volume below the FEMA base flood elevation to prove that the
improvements will not increase the 100-year flood level.
11.1.15. Final cost estimate, including bid alternates if required. If the project construction is
procured using the CMAR process, in-lieu of a final cost estimate, the consultant team
shall review the CMAR cost proposal and attend review meeting to discuss CMAR
proposal.
11.1.16. Construction Document Submittal – Preparation of Plan Review forms/certificates;
hard copy and digital file deliverables for plans, specifications, and estimates.
11.2. Four bi-weekly meetings are anticipated during the construction document phase. It is
anticipated that an additional on-site meeting may be required in this phase.
11.3. Respond to Plan Review comments – Consultant shall address plan review comments,
adjusting the plans, specifications, & cost estimate as necessary to obtain plan approvals
12. BID ASSISTANCE / CONTRACTOR COORDINATION:
12.1. Bidding Assistance - Consultant shall provide bidding assistance to the City, including:
assistance in the preparation of the Bid Form; attend and participate in the pre-bid
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Project No. PR2106.201
Page 8 of 11
conference for the purpose of answering technical questions from potential bidders; assist
the city in the evaluation of “substitutions and or-equals” and make a recommendation to
accept or decline; and assist in the preparation of addenda for review and approval by City. If
the CMAR process is used, the Consultant shall provide services to assist the City in
contractor procurement and CMAR questions and pricing.
13. Subconsultants
13.1. Rick Engineering – Topographic survey;
13.2. Ricker Atkinson McBee Morman & Associates (RAMM) – Geotechnical Engineering;
13.3. Wright Engineering – Site Electrical Engineering;
13.4. Carl Kominsky Landscape Architect – Irrigation Design;
13.5. RJA Architects – Restroom Architectural Design
13.6. Greenlight Traffic Engineering – Signing & Striping, Traffic Study, Traffic Signal Design
14. Allowances
14.1. Reimbursables: Printing, deliveries, and application/review fees for Maricopa County
Environmental Services.
14.2. Pothole Allowance: This allowance is to provide potholing of underground utilities such as
the water recharge facilities, Ryan Road utilities, and particularly in the case where a new
traffic signal at McQueen Rd. and Ryan Rd. is implemented.
14.3. Public Involvement Allowance: This allowance is to provide coordination, exhibits, and
participation in public meetings. Two public meetings are anticipated under this allowance.
14.4. Legal Descriptions Allowance: This allowance is to provide services to prepare legal
descriptions in the event that right-of-way is required for Ryan Road improvements or for a
new traffic signal at McQueen and Ryan Roads.
14.5. Traffic Study Allowance: This allowance is to provide traffic engineering services if a traffic
study is required for the project. (SEE ATTACHED SCOPE OF WORK FOR TRAFFIC
STUDY SERVICES PREPARED BY GREENLIGHT TRAFFIC ENGINEERING).
14.6. Traffic Signal Design Allowance: This allowance is to provide traffic engineering and civil
engineering services if traffic signal design plans are required for the project. (SEE
ATTACHED SCOPE OF WORK FOR TRAFFIC SIGNAL DESIGN SERVICES PREPARED
BY GREENLIGHT TRAFFIC ENGINEERING).
14.7. Undergrounding Utility Allowance: This allowance is to provide civil engineering and
electrical engineering services if the existing overhead utility lines on the north side of Ryan
Road are required to be relocated underground. If the overhead utility lines are not
undergrounded, Wright Engineering has included an allowance fee for SAG analysis for Ryan
Road street lighting, which would utilize this allowance.
14.8. Additional Survey Allowance: This allowance is to provide additional topographic survey in
the event that City Transportation requires a longer distance of survey in the right-of-way for
the design of a new signal at McQueen Road.
14.9. Owner’s Allowance - Additional Design Tasks & Meetings: This allowance is to provide
additional design services and project meetings in the event that the project budget allows for
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Project No. PR2106.201
Page 9 of 11
additional features or improvements beyond items scoped, or for additional design due to
unforeseen site conditions.
15. Assumptions
15.1. Pioneer Pkwy & Ryan Rd Intersection: It is assumed that this intersection will be a standard
T-intersection and that a roundabout intersection as shown in the park master plan will not
be required.
15.2. Environmental Services: It is assumed that investigation and reporting of biological and
cultural resources will not be required or will be conducted by the City.
15.3. ALTA & Condition of Title: Due to the project being located on only a portion of the overall
City property, it is assumed that an ALTA survey or a Condition of Title will not be required
to meet typical Planning Department requirements.
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Project No. PR2106.201
Page 10 of 11
ATTACHMENT A-2
PRODUCTION ASSIGNMENTS
Tumbleweed Park Ballfield Complex
PROJECT NO.: PR2106.201
Prime Design Consultant: Gavan & Barker, Inc.
Principal LA / Project Manager: John Barker, PLA, ASLA
Principal/Senior Engineer: Mark Gavan, P.E., R.L.S
Project Engineer: Omer Karovic, P.E.
Project Designer: Joel Hormann
Engineering Designer: Alfred Abalos
Field Survey: Rick Engineering
Registered Land Surveyor: Jason Segneri, RLS
Geotechnical Engineering: Ricker, Atkinson, McBee, Mormon & Associates
Project Engineer: Dave Thomas, P.E.
Electrical Engineering: Wright Engineering Corporation
Electrical Engineer: Cliff Tolman, P.E.
Architect:
RJA Architects
Project Architect: Ray Eynon, AIA
Irrigation Design: Carl Kominsky, RLA
Traffic Engineering: Greenlight Traffic Engineering
Traffic Engineer: Scott Kelly, P.E., PTOE
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Project No. PR2106.201
Page 11 of 11
ATTACHMENT A-3
PRODUCTION SCHEDULE
Tumbleweed Park Ballfield Complex
PROJECT NO.: PR2106.201
Task
ID
Description
WEEKS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 22 23 24
25 26
27 28 29 30
31 32 33 34
35 36
37 38 39 40
41 42 43 44
45 46
47 48 49
50
51 52
NTP
1
Field Survey
2
Preliminary Research
3
Programming
4
Base Sheet Preparation
5
Schematic Design (30%) Submittal
6
Possible Traffic Signal Warrant Study
7
City & Pre-Tech Review (4 Wks)
8
Bi-Weekly Review Meetings
9
Design Development (60%) Submittal
10
City Review (4 Wks)
11
Pre-Final PS&E (90%) Submittal
12
City Review (4 Wks)
13
Final PS&E (100%) Plan Review Submittal
14
City Plan Review (8 Wks)
15
Final PS&E Approvals / Permits
16
Bid Advertising / Award
17
Construction
City of Chandler Professional Services Agreement – Exhibit “B”
Page B-1
Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 10/28/2021
EXHIBIT “B”
COMPENSATION AND FEES
7,113.66
$
4.1 Quality Control Plan
7,113.66
$
8,540.79
$
5.1 Perform Document Search and Research
4,187.54
$
5.2 Investigate Existing Conditions
2,904.51
$
5.3 Survey
1,448.74
$
20,510.84
$
6.1 Coordination with Utilities (PIPG)
3,212.16
$
6.2 Identify Utility Conflicts
2,775.76
$
6.3 Coordination Design of Utilities
4,136.18
$
6.4 Easements for Utilities
3,397.70
$
6.5 Preliminary Plans to Utilties/Agencies
492.06
$
6.6 Coordination of Utility Relocations
3,788.92
$
6.7 Final Design Construction Coordination
621.96
$
6.8 Utility Requirements Incorporations
2,086.10
$
544.18
$
7.1 Soil and Pavement Borings and Report
149.01
$
7.2 Geotechnical Recommendations Incorporated
395.17
$
10,838.22
$
8.1 Requirements of the Project
3,472.48
$
8.2 Public Information (See Public Involvement Allowance)
-
$
8.3 Bi-Weekly Meeting, Agenda, Report
1,218.00
$
8.4 Program / Base Sheets
6,147.74
$
62,531.53
$
9.2.1 Refinement of concept site plan
15,840.04
$
9.2.2 Preliminary drainage calculations
8,155.54
$
9.2.3 Schematic grading plans
9,380.44
$
9.2.4 Schematic water & sewer plans
4,686.40
$
9.2.5 Schematic roadway plans
13,067.55
$
9.2.6 Schematic landscape plans
4,712.64
$
9.2.7 Schematic architectural plan
1,396.90
$
9.2.8 Preliminary cost estimate
3,477.98
$
9.3 Bi-Weekly Meeting, Agenda, Report
1,814.04
$
SUBTOTAL
Task 4.0 Quality Control
Task 5.0 Preliminary Research
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 8.0 Programming
Task 9.0 Schematic Design (30%)
Design Services
Tumbleweed Park Ballfield Complex
PR2106.201
Lump Sum Cost Per Task
Task 3.0 Project Schedule
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-1"
TASK DESCRIPTION
1 of 3
128,120.54
$
10.1.1 Site plan refinement
7,430.80
$
10.1.2 Outline specifications
3,679.92
$
10.1.3 Construction plans
10,672.96
$
10.1.4 Site details
9,768.00
$
10.1.5 Grading plans
14,197.28
$
10.1.6 Water, sewer, and reclaimed water plans
7,787.74
$
10.1.7 Roadway plan & profile plans
39,411.28
$
10.1.8 SRP irrigation pipe plan & profile plans
11,916.00
$
10.1.9 Planting plans
11,916.00
$
10.1.10 Irrigation plans
984.12
$
10.1.11 Landscape details
1,372.20
$
10.1.12 Architectural plans
1,982.16
$
10.1.13 Electrical plans
1,088.10
$
10.1.14 Cost estimate
3,477.98
$
10.2 Bi-Weekly Meeting, Agenda, Report
2,436.00
$
101,235.77
$
11.1.1 Final construction plans
8,998.12
$
11.1.2 Final grading plans
7,338.28
$
11.1.3 Final water, sewer, and reclaimed water plans
6,275.80
$
11.1.4 Final horizontal control plans
3,282.30
$
11.1.5 Final site details
4,663.78
$
11.1.6 Final roadway plan & profile plans
28,569.26
$
11.1.7 Final SRP pipe plan & profile plans
5,916.66
$
11.1.8 Final planting plans & details
2,744.40
$
11.1.9 Final irrigation plans & details
686.10
$
11.1.10 Final electrical plans, details, & photometrics
790.08
$
11.1.11 Erosion/sediment control plans
2,260.52
$
11.1.12 Final architectural plans
790.08
$
11.1.13 Final technical specifications
6,167.76
$
11.1.14 Final drainage report
8,139.70
$
11.1.15 Final cost estimate/CMAR review
2,897.43
$
11.1.16 Construction Document Submittal
1,372.20
$
11.2 Bi-Weekly Meeting, Agenda, Report
3,355.98
$
11.3 Respond to Plan Review comments
6,987.32
$
3,029.16
$
12.1 Bidding Assistance, RFIs, Substitutions, Addenda
3,029.16
$
Task 10.0 Design Development (60%)
Task 11.0 Construction Documents (90% & 100%)
Task 12.0 Bid Assistance / Contractor Coordination
2 of 3
130,626.00
$
13.1 Rick Engineering - Survey
15,000.00
$
13.2 RAMM - Geotechnical Investigations
7,550.00
$
13.3 Wright Engineering - Site Electrical & Street Lighting
36,660.00
$
13.4 Carl Kominsky - Irrigation Design
19,616.00
$
13.5 RJA Architects - Architectural Design
36,400.00
$
13.6 Greenlight Traffic Eng - (Also part of Allows. 14.6 & 14.7 below)
15,400.00
$
115,350.32
$
14.1 Reimbursables:
2,000.00
$
14.2 Pothole Allowance
7,000.00
$
14.3 Public Involvement Allowance
4,397.96
$
14.4 Legal Descriptions Allowance
8,092.82
$
14.5 Traffic Study Allowance
(Greenlight Traffic Eng. (GTE))
11,450.00
$
14.6 Traffic Signal Design Allowance (G&B: $5782.12); (GTE: $21000)
26,782.12
$
14.7 Undergrounding Utilities Allowance
2,627.42
$
14.8 Additional Survey Allowance
3,000.00
$
14.9 Owner's Allowance
50,000.00
$
TOTAL COST:
588,441.01
$
14 ALLOWANCES
13 SUBCONSULTANTS / DIRECT COSTS
3 of 3
PM
Sr. Engr.
PE/Prof
Engr /
Designer
Tech/
Designer
$ 149.00 $ 161.96 $ 123.09 $ 102.41 $ 97.02
26
20
0
0
0
46
4.1 Quality Control Plan
26
20
26
12
5
13
8
64
5.1 Perform Document Search and Research
14
4
2
8
4
5.2 Investigate Existing Conditions
8
4
3
3
4
5.3 Survey
4
4
2
34
40
40
30
10
154
6.1 Coordination with Utilities (PIPG)
12
4
8
6.2 Identify Utility Conflicts
6
2
6
8
6.3 Coordination Design of Utilities
2
8
14
8
6.4 Easements for Utilities
2
8
8
8
6.5 Preliminary Plans to Utilties/Agencies
2
2
6.6 Coordination of Utility Relocations
6
8
8
6
6.7 Final Design Construction Coordination
2
2
6.8 Utility Requirements Incorporations
2
8
4
2
0
2
0
0
4
7.1 Soil and Pavement Borings and Report
1
7.2 Geotechnical Recommendations Incorporated
1
2
18
10
8
22
34
92
8.1 Requirements of the Project
8
8
8
8.2 Public Information (See Public Involv. Allowance)
8.3 Bi-Weekly Meeting, Agenda, Report
6
2
8.4 Program / Base Sheets
4
22
34
91
50
90
164
134
529
9.2.1 Refinement of concept site plan
36
4
4
40
54
9.2.2 Preliminary drainage calculations
2
8
40
16
9.2.3 Schematic grading plans
4
8
16
16
40
9.2.4 Schematic water & sewer plans
4
4
8
24
9.2.5 Schematic roadway plans
3
22
22
62
9.2.6 Schematic landscape plans
16
24
9.2.7 Schematic architectural plan
8
2
9.2.8 Preliminary cost estimate
8
2
4
16
9.3 Bi-Weekly Meeting, Agenda, Report
10
2
124
122
180
280
316
1022
10.1.1 Site plan refinement
12
4
8
24
16
10.1.2 Outline specifications
16
8
10.1.3 Construction plans
4
4
16
16
60
10.1.4 Site details
8
8
8
16
48
10.1.5 Grading plans
8
16
24
16
60
10.1.6 Water, sewer, and reclaimed water plans
2
4
16
40
8
10.1.7 Roadway plan & profile plans
16
56
80
120
60
10.1.8 SRP pipe plan & profile plans
4
16
28
44
8
10.1.9 Planting plans
8
24
10.1.10 Irrigation plans
4
4
10.1.11 Landscape details
4
8
Design Services
Task 1.0 Project Description & Scope of Construction
Tumbleweed Park Ballfield Complex
EXHIBIT "B-2"
Task 2.0 Assignment
Hours and Rates
PR2106.201
< PROJECT ROLE
< HOURLY RATES
TOTAL HOURS
PER TASK
TASK DESCRIPTION
Task 8.0 Programming
Task 10.0 Design Development (60%)
Task 3.0 Project Schedule
Task 4.0 Quality Control
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 9.0 Schematic Design (30%)
Task 5.0 Preliminary Research
1 of 2
10.1.12 Architectural plans
12
2
10.1.13 Electrical plans
6
2
10.1.14 Cost estimate
8
2
4
16
10.2 Bi-Weekly Meeting, Agenda, Report
12
4
130
126
152
209
220
837
11.1.1 Final construction plans
16
8
8
12
32
11.1.2 Final grading plans
4
4
8
12
40
11.1.3 Final water, sewer, and reclaimed water plans
4
8
16
16
8
11.1.4 Final horizontal control plans
2
2
4
24
11.1.5 Final site details
8
2
8
24
11.1.6 Final roadway plan & profile plans
4
48
64
90
32
11.1.7 Final SRP pipe plan & profile plans
2
8
12
24
4
11.1.8 Final planting plans & details
8
16
11.1.9 Final irrigation plans & details
2
4
11.1.10 Final electrical plans, details, & photometrics
4
2
11.1.11 Erosion/sediment control plans
2
2
16
11.1.12 Final architectural plans
4
2
11.1.13 Final technical specifications
24
16
11.1.14 Final drainage report
2
16
36
8
11.1.15 Final cost estimate/CMAR review
10
2
3
8
11.1.16 Construction Document Submittal
4
8
11.2 Bi-Weekly Meeting, Agenda, Report
16
6
11.3 Respond to Plan Review comments
14
6
6
16
16
10
4
4
2
2
22
12.1 Bidding Assistance, RFIs, Substitutions, Addenda
10
4
4
2
2
14.2 Pothole Allowance - Coordination
2
4
4
4
0
14
14.3 Public Involvement Allowance - Exhibits, Meetings
12
4
0
4
16
36
14.4 Legal Descriptions Allowance - Descriptions, CADD
2
16
16
24
8
66
14.6 Traffic Signal Allowance - Civil Design, CADD
2
2
16
16
16
52
14.7 Undergrounding Utility Allowance - Coordination
4
4
8
2
2
20
14.8 Additional Survey Allow. - Coordination, CADD
2
2
0
4
4
12
Task 14.0 Allowance Hours (Gavan & Barker)
Task 12.0 Bid Assistance / Contractor Coordination
Task 11.0 Construction Documents (90% & 100%)
2 of 2
December 17, 2021
John Barker, PLA, ASLA
Gavan & Barker, Inc.
3030 North Central Avenue, Suite 700
Phoenix, Arizona 85012
Phone: (602) 200-0031
jbarker@gavanbarker.com
SUBJECT: Tumbleweed Park, Chandler, Arizona
Dear John:
Rick Engineering Company is pleased to submit this proposal to provide professional surveying services
for the above referenced property.
Figure 1 - Survey Limits (Red)
Page 2 of 9
C:\RICK\Departments\Survey\PHX\_Pursuits\PROPOSALS\Gavan&Barker_TumbleweedPark_ChandlerAZ.doc
TOPOGRAPHIC SURVEY FOR DESIGN
•
Location and elevation of existing surface utilities and improvements within the survey limits.
•
Plot the approximate locations of the underground utility lines according to the record agency maps
available at the time of the survey.
•
Full width cross sections at 50-foot intervals of roadways within Survey Limits.
•
Elevations at a 50-foot grid and at grade breaks, top and bottom of slopes and other defining features
of the ground surface.
•
Contours will be provided at 1-foot intervals.
•
Locate and show existing trees.
•
Locate and show parking striping.
•
All elevations will be on City of Chandler Datum tied to 2 Benchmarks.
•
Provide topographic base map in electronic format to be used for Design.
SURVEY FEE
Rick Engineering Company will provide the above services for a fee of $15,000.00. Any printing and
miscellaneous processing fees are extra and not a part of this agreement.
TIMELINE
Rick Engineering Company will provide the above services in approximately 20-25 working days from
notice to proceed.
Page 3 of 9
C:\RICK\Departments\Survey\PHX\_Pursuits\PROPOSALS\Gavan&Barker_TumbleweedPark_ChandlerAZ.doc
Sincerely,
Eric Sostrom, RLS
Land Surveyor
Associate, Survey Manager
Ryan Hall,
Survey Manager
ACCEPTED THIS DAY OF , 2021
BY: ________________________________________________________________
CLIENT
Invoices for this project to be mailed to:
Company: _______________________________________________________________________
Address: ________________________________________________________________________
City/State/Zip: __________________________________________________________________
Telephone: ___________________________________ Email: ________________ ____________
Contact person: __________________________________________________________________
Please complete, sign and return a copy to Rick Engineering Company
#B21-0974
ELECTRICAL ENGINEERING & LIGHTING DESIGN
165 EAST CHILTON CHANDLER, ARIZONA 85225 OFFICE: 480-497-5829 FAX: 480-497-5807
www.wrightengineering.us
January 3, 2022
Gavan & Barker, Inc.
3030 N. Central Ave., Suite 700
Phoenix, AZ 85012
Re:
Tumbleweed Park Ballfield Site Electrical
Attn: John Barker
Dear John,
Wright Engineering appreciates this opportunity to submit a proposal for electrical
engineering services on the above referenced project. The following services will
be performed in a professional manner to meet City of Chandler requirements:
Electrical Design Scope of Services:
1.
Coordinate design with owner, power company, civil engineer, and/or
architect/landscape architect as required.
2.
Visit the site to determine existing conditions and electrical configuration. Up
to (1) one visit.
3.
Review existing electrical drawings and load calculations for site.
4.
Determine existing peak demand loads and coordinate proposed electrical
loads.
5.
Design the electrical power system to meet local codes and requirements.
6.
Prepare 24” X 36” electrical construction drawings including an overall site
plan showing all new equipment to include the following:
a.
Electrical service entrance section and distribution equipment
b.
Control equipment
c.
Modifications to existing electrical service entrance section
d.
LED Sports lighting engineering for 4 new softball fields
e.
Parking lot lighting
f.
Site area & pathway lighting
g.
Convenience receptacles
h.
Ramadas (lighting and convenience receptacle)
i.
Entry monuments (internal / external illumination as required)
j.
Power to chilled drinking fountain
k.
Pioneer Parkway extension street lighting
l.
Restroom site power feed. Restroom electrical design by architect
under separate contract.
m. Modifications to irrigation booster pump electrical system as required
7.
Prepare photometric calculations showing all lighting averages, uniformities
and any spill light at adjacent property lines.
Tumbleweed Park Ballfield Site
Electrical
Page 2 of 7
January 3, 2022
8.
All lighting on/off control will be designed per client’s requirements. All
necessary equipment will be shown on the plans.
9.
Prepare necessary elevation view and installation details of the equipment
listed above to help determine layout and size.
10. Prepare load calculations and single line diagram.
11. Prepare panel schedule and other electrical installation details as required.
12. Prepare a conduit and wire table showing all power conduits and wire for
equipment listed above.
13. Prepare system fault current and voltage drop calculations as required.
14. Prepare an engineer’s opinion of probable electrical construction costs upon
request.
15. Structural calculations for the light foundations are included below as an
allowance if required by the reviewing agency.
16. Perform in-house QAQC review and modifications.
17. The above plans will be provided to client at 30%, 60%, 90% and 100%
levels for submittal review and comment. Submittals will be made via email
in digital PDF format. Client will print, copy and submit to the City and owner
as needed.
18. Up to one set of base drawing changes or updates will be included in this
engineering cost proposal. Incorporating any additional base drawing
changes will incur additional cost at the rates noted under additional
services.
19. Municipal review comments will be responded to and addressed.
Street Lighting Design Scope of Services:
1.
Coordinate design with owner, Power Company, civil engineer, and/or
architect as required.
2.
Visit the site to determine existing adjacent street lighting conditions. Up to
(1) one visit.
3.
Prepare sealed photometric calculation drawings 24 x 36. The photometric
calculations will show the existing, proposed, and the future lighting levels
for all streets and intersections as required.
4.
Design will include the required lighting levels/locations to meet municipality
requirements.
5.
Prepare 24” X 36” streetlight design plan drawings showing all street lighting
for the following streets:
a.
Ryan Road (~2,640 linear feet of ½ street improvements)
b.
Ryan Road (~1,320 linear feet of full street improvements)
6.
Private Streets to be designed with dusk to dawn utility powered lighting.
7.
Prepare an engineer’s estimate of probable electrical construction costs if
requested.
8.
Perform in-house QAQC review and modifications.
9.
The above plans will be provided to client for submittal review and
comment. Submittals will be made via email in digital PDF format. Client will
print, copy and submit to the City and owner as needed.
Tumbleweed Park Ballfield Site
Electrical
Page 3 of 7
January 3, 2022
10. Up to one set of base drawing changes or updates will be included in this
engineering cost proposal. Incorporating any additional base drawing
changes will incur additional cost at the rates noted under additional
services.
11. Municipal review comments will be responded to and addressed.
12. OPTIONAL: Prepare overhead clearance and SAG analysis to determine if
streetlights have adequate clearance. Modify plans as necessary to meet
minimum clearances. An aerial survey will be required and is not included in
this scope.
Please Note: All underground electrical utilities, providing power to public
streetlights, shall be designed by local utility company.
Responsibilities of Others:
1.
Provide Wright Engineering Corp. electronic base files in an AutoCAD
format which includes all proposed and existing utilities, all proposed
improvements, and any existing conditions that affect this scope.
2.
Wright Engineering will submit plans to the civil engineer or landscape
architect for submittal to the local government agencies for approval and
permits.
3.
It is anticipated that the existing electrical service for this project is
adequate. However, designation of electrical services for new meters or for
street light locations will be determined by the local utility company. The
owner is responsible for coordination of the design of all electrical utility
power services during the design process.
Final Deliverables:
1.
Upon completion of the design, we will provide final sealed documents
bearing the signature of a registered electrical engineer in the State of
Arizona.
Engineering Fee:
The above services will be provided as follows (Billed lump sum at % complete):
1.
Electrical Design Services:
$29,560.00
2.
Street Lighting Design Services:
$7,100.00
3.
Allowance for SAG analysis along Ryan Rd if required: $1,450.00
4.
Allowance for structural calculations if required:
$2,000.00
Please Note: Services as stated above can be provided in whole or part to meet
client needs.
Tumbleweed Park Ballfield Site
Electrical
Page 4 of 7
January 3, 2022
Additional Services:
Any services not specifically included in the Scope of Services section shall be
additional services payable at an hourly fee at the following rates:
Principal
$165/hour
Designer
$105/hour
Senior Engineer
$145/hour
Draftsman
$95/hour
Engineer
$125/hour
Secretary
$55/hour
Printing Charges:
Although not anticipated, any printing and delivery requested will be charged as
follows:
Blacklines
$ 2.00 each
Mylar Sepia
$18.00 each
Delivery Cost
cost
Billing:
We will bill you on a monthly basis for these services. Payment terms are Net 30
days. This proposal will be valid for the next 90 days. If you have any questions,
please contact us at your earliest convenience.
I look forward to working with you on this project. Please show your acceptance
of this proposal by signing below and returning one copy for my records.
Sincerely,
Clifford Tolman, P.E.
Wright Engineering Corporation
Tumbleweed Park Softball Fourplex
1 of 3
Carl Kominsky Landscape Architect, Inc.
(520) 740-0700
5609 N. Camino Del Sol, Tucson, AZ 85718 cell (520) 403-5969
January 6, 2022
Mr. John Barker
Gavan and Barker, Inc.
3030 N. Central Ave. Suite 1530
Phoenix, Arizona 85012
Re: Tumbleweed Park Softball Fourplex- Irrigation Design Services
Dear John,
I'm pleased to submit this proposal for providing irrigation design consulting services for
the Tumbleweed Park Softball Fourplex Project in Chandler Arizona.
Services will include the irrigation system design for the park, booster pump station
design, construction documents, specifications and irrigation details as described in this
proposal. A separate system from a potable source will be provided for cooling and
syringing the artificial turf fields.
Specifically, the following services will be provided:
Irrigation Design for the Park:
A complete irrigation plan for the Park will be prepared. This will include natural turf,
artificial turf and drip areas in the approximate 11 acre project. Included will be mainline
locations and sizes, connection to the reclaimed and potable sources, remote control valve
locations, controller locations and sizes, control valve wire sizing, emitter and sprinkler
pipe location and sizing, pressure regulator locations, sprinkler design, construction
details and specifications as required, an emitter schedule showing the number and
gallonage of emitters for each plant, a list of irrigation equipment to be used on the
project and a review of required sleeving locations. Drip irrigation will be provided for
plants and trees within the park and included roadways Drawings, written specifications
and an Engineer's Cost Estimate will be provided as required by the Project.
One set of bond prints will be provided for the 30%, 60%, and 90% and 100% submittals
as part of Basic Services.
Up to (2) meetings on site or with the client are included as part of Basic Services.
Booster Pump Design:
A design for a new booster pump station capable of meeting this project’s artificial turf
cooling and syringe requirements will be prepared. Drawings, written specifications and
an Engineer's Cost Estimate will be provided as required by the Project. The natural turf
areas and drip areas will be connected to the existing booster pump for the soccer
complex.
Tumbleweed Park Softball Fourplex
2 of 3
Post Design Services:
Post Design services are not included.
Fees: (based on lump sums per Item)
1. Irrigation Design for the Park
$16,016.00
2. Booster Pump Design
$3,600.00
Total Fees
$19,616.00
Fees for Additional Services will be based on the following schedule:
Landscape Architect/ Irrigation Consultant
$104.00/Hr.
Landscape Designer/ Cadd Technician
$65.00/Hr.
Clerical
$32.00/Hr.
Reimbursable Expenses:
Mylar Plots (24"x36")
$12.00 each
Vellum Plots (24"x36")
$6.00 each
Bond Plots (24"x36")
$2.50 each
Mileage
$0.585/mile
Billings for services will be submitted at the end of each month based on a percentage of
work completed and will be due within fourteen days from the time Gavan and Barker
has received payment from the City.
All materials and design criteria shall conform to the latest City of Chandler Standards
for this work. Construction documents will be provided using AutoCadd R. 2020 or
later. The documents produced will bear my professional seal.
Work will be completed within the project schedule, assuming timely receipt of all
required design information.
Excluded Services:
This contract specifically assumes that the following items are to be provided by others
and are specifically excluded from this Scope of Service:
1.
Electrical service to the controller and booster pump station.
2.
Booster pump station enclosure other than that provided by the pump
manufacturer.
4.
Water source development, water meter design or permits for water use.
5.
Reclaimed applications and permitting.
Additional Services:
The following services shall be considered additional services:
1.
Changes to the documents after design work have been completed.
2.
Additional services as requested by the Owner.
3.
Site visits or meetings in addition to those provided under Basic Services.
GENERAL PROVISIONS
The following General Provisions shall be included and made part of this Contract:
Tumbleweed Park Softball Fourplex
3 of 3
1.
The Client agrees that in accordance with generally accepted construction practices, the
construction contractor will be required to assume sole and complete responsibility for
job site conditions during the course of construction of project, including safety of all
persons and property, and that this requirement shall be made to apply continuously and
not be limited to normal working hours. Client further agrees to defend, indemnify and
hold Carl Kominsky Landscape Architect, Inc. harmless from any and all liability, real or
alleged, in connection with the performance of work on project, excepting liability arising
from the sole negligence of Carl Kominsky Landscape Architect, Inc. Carl Kominsky
Landscape Architect Inc. assumes no responsibility for the Contractor's means and
methods of construction. Observations performed by Carl Kominsky Landscape
Architect, Inc. are intended to confirm general compliance with the Contract Documents
and are not intended to represent a comprehensive observation of all work performed by
the Contractor.
2.
Carl Kominsky Landscape Architect Inc.'s responsibility in performing this contract is
limited solely to the scope of services to be performed by Carl Kominsky Landscape
Architect, Inc. as expressly set forth in this contract, and Carl Kominsky Landscape
Architect, Inc., it's agents and/or employees shall have no liability of any kind to the
client or to any construction contractor or subcontractor or any persons having
contractual relationships with them for any acts, errors and/or omissions of Carl
Kominsky Landscape Architect, Inc. its agents and/or employees which are not within
such scope of the services to be performed by Carl Kominsky Landscape Architect Inc.
3.
Client acknowledges and agrees that proper Project maintenance is required after the
Project is complete. A lack of or improper maintenance in areas such as, but not limited
to, irrigation scheduling, maintenance of irrigation components for proper function and
leak detection and repair, may result in damage to property or persons. Client further
acknowledges and agrees that, as between the parties to this Agreement, Client is solely
responsible for the results of any lack of or improper maintenance.
4.
This agreement may be terminated by either party upon receipt of written notice. Client
agrees to pay all fees for services performed up to the time of termination.
5.
This proposal shall expire unless accepted by the Client in ninety days from the date of
this proposal.
I very much look forward to working with you on this project.
Sincerely,
Carl Kominsky
Accepted: _________________________________Date: _______________
10245 East Via Linda Boulevard, Suite 209 | Scottsdale, Arizona 85258 | 602.955.7575
December 21, 2021
John Barker, ASLA
Gavan & Barker, Inc.
3030 North Central Avenue
Suite 1530
Chandler, AZ 85012
Subject: City of Chandler Tumbleweed Park Restroom Design Project
John,
Please find the attached a scope of work, a fee schedule, project schedule and backup documentation for
the completion of the City of Chandler Tumbleweed Park Restroom Design Project. Included in this
proposal are fees for architectural, structural, mechanical, plumbing, and electrical design services for the
restroom building. A Fire Sprinkler system is not anticipated and therefore not included in this proposal.
Our proposal for services described herein will not exceed $36,400. The proposal reflects each consultant’s
current rates or on‐call service rates for 2022.
RJA | Architecture looks forward to partnering with you again on this project. Please feel free to contact
me with any questions or comments.
Sincerely,
Ray E. Eynon, AIA
Principal Architect
RJA | Architecture
SCOPE OF WORK
PROJECT SCOPE / UNDERSTANDING
1.
We understand the scope of this project to be schematic design, design development, and construction
documents for a free‐standing restroom structure. It is our understanding that the building will be
approximately 650 s.f. with a metal canopy roof about 1700 s.f. The building will include up to ten
individual restroom stalls and will be similar to previous projects done with the City – masonry walls and
steel roof canopy, natural ventilation if possible.
2.
It is understood that this scope of work will include utility design to five feet from the outside structure
perimeter.
3.
Gavan & Barker (GB) will be the prime consultant for the project and RJA | Architecture (RJA) will
coordinate all its design team efforts with GB and the City.
4.
RJA will provide structural, mechanical, plumbing, and electrical engineering related to building as part
our scope of services.
5.
It is understood that services will extend through approved plans for permit through the City of Chandler.
Construction Administration Services are NOT included and will be done through a future separate
agreement.
1.1 PROGRAMMING / CONCEPT DEVELOPMENT: RJA | Architecture will work with GB and the City of
Chandler in the establishment of specific project requirements and attend required meetings. The
following services will be provided to the Owner:
1.
A project kick‐off meeting to establish project limits, building program, proposed budget, and
proposed schedule.
2.
Visit site with design team if needed to observe existing conditions.
3.
Prepare a conceptual floor plan and building elevations.
4.
Prepare presentation graphics for review.
5.
Discussions to review conceptual design prior to completion of final graphics.
6.
All deliverables shall be in electronic PDF format.
The fee for Programming / Concept Development shall be hourly not to exceed:
$ 2,500
1.2 30% SUBMITTAL: RJA will provide 30% Design Documents based on the mutually agreed‐upon
Programming and Concept Development phase. The documents shall establish the conceptual design of the
Project illustrating the scale and relationship of the Project components. The following services will be
provided to the Owner:
1.
One design meeting to discuss comments from the site plan review process.
2.
30% Design Documents to include a conceptual site plan, refined building plans, sections and elevations.
3.
Sketches and drawings adequate to convey the design concept.
4.
Preliminary selections of major building systems and construction materials will be noted and
described in drawings.
5.
An opinion of probable cost can be developed, if requested.
The fee for 30% Schematic Design Services shall be hourly not to exceed:
$ 3,500
1.3 60% SUBMITTAL: RJA shall provide 60% Design Documents based on the approved 30% Design
Documents. The 60% Design Documents shall illustrate and describe the refinement of the Project. The
following services will be provided to the Owner:
1.
One meeting to discuss comments related to the 30% Submittal.
2.
Design Documents to include a site plan, building plans, sections, elevations, typical details, and
equipment and fixture layouts.
3.
Outline Project Specifications that identify major materials and systems and establish in general their
quality levels.
4.
An update to the opinion of probable cost, if requested.
5.
This submittal will include preliminary documentation from engineering sub‐consultants.
Fee for 60% Design Services shall be hourly not to exceed:
$ 9,400
1.4
90% SUBMITTAL: RJA shall provide 90% Design Documents based on the approved 60% Design
Documents. The Construction Documents shall set forth in detail the requirements for the construction of
the Project. The following services will be provided to the Owner:
1.
One meeting to discuss comments related to the 60% Submittal and one additional team meeting.
2.
Selection of finish materials.
3.
Construction Document to include Drawings and Specifications that establish in detail the quality
levels of materials and systems required for the project.
4.
An update on the opinion of probable costs, if requested.
Fee for 90% design services shall be hourly not to exceed:
$20,000
1.5
100% SUBMITTAL: RJA shall provide 100% Design Documents based on the approved 90% Design
Documents. 100% sealed Design Documents shall be submitted to the City of Chandler for plan review. The
following services will be provided to the Owner:
1.
One meeting to discuss comments related to the 90% Submittal.
2.
Final sealed construction documents and specifications for formal plan review.
3.
Revisions to final documents as required based on comments generated during the plan review
process.
Fee for 100% design services shall be hourly not to exceed:
$ 1,000
1.6 CONSTRUCTION ADMINISTRATION: Construction Administration Services are NOT included and will
be provided through a future separate agreement.
ASSUMPTIONS AND CLARIFICATIONS:
1. All written project correspondence will be done digitally and submitted in PDF format. Paper printing of
documentation is not included as a part of this submittal.
2. RJA assumes the building component of the project will take approximately 4 months to complete upon
written Notice to Proceed.
3. It is assumed that project progress meetings will occur bi‐weekly for RJA, but this will be adjusted as
needed.
4. The terms and conditions of this agreement shall incorporate all of the terms and conditions required by
the Prime Contract with the City of Chandler and by all applicable federal, state, and local law.
5. Required civil and survey base drawings, including utility and topographic information, shall be provided to
RJA in AutoCAD 2021 format or earlier.
6. Fire sprinkler design is not anticipated and is not included in this proposal.
EXPENSES: RJA shall be reimbursed for expenses incurred in the interest of the project. Such expenses
include out of office printing, reproductions, deliveries and other miscellaneous expenses. RJA does not
reimburse for items such as local mileage and in‐house printing necessary to develop and complete design
concepts.
The fee for Expenses estimated not to exceed:
$150.00
ARCHITECTURAL DESIGN SERVICES FEE SUMMARY
Fees include architectural, structural, mechanical, plumbing, and electrical design for the restroom building
only.
Programming/ Design Concept
$ 2,500
30% Submittal
$ 3,500
60% Submittal:
$ 10,400
90% Submittal:
$ 19,000
100% Submittal:
$ 1,000
Total Not to Exceed:
$ 36,400
Consulting Engineers for this project will be:
1.
Structural Design:
Caruso‐Turley‐Scott
2.
Mechanical/ Plumbing Design:
AME, PLC
3.
Electrical Design ‐ Building:
Wright Engineering
PROJECT SCHEDULE
RJA | Architecture proposes the following project schedule for each phase of the work as outlined below:
Programming/ Design Concept
21 Calendar days from written notice to proceed
30% Submittal
28 Calendar days from written notice to proceed
60% Submittal:
45 Calendar days from written notice to proceed.
90% Submittal:
45 Calendar days from written notice to proceed.
100% Submittal:
14 Calendar days from written notice to procced +
14 Calendar days to respond to plan review comments.
Thank you again for this opportunity to assist you with the design of this facility. We look forward to providing
our services to the team. Should you have any questions or concerns, please do not hesitate to contact me.
We are very much looking forward to working with you.
Sincerely,
Ray E. Eynon, AIA
Principal Architect
RJA | Architecture
Greenlight Traffic Engineering, LLC
S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381
T (602) 499-1339 W greenlightte.com
January 4, 2022
Mr. John Barker
Owner
Gavan & Barker, Inc.
3030 N Central Ave, Suite 700
Phoenix, AZ 85012
Re:
Tumbleweed Park Traffic Engineering Services
City of Chandler, Arizona
Dear Mr. Barker,
Greenlight Traffic Engineering, LLC (Greenlight) has prepared our scope of work and fee proposal for completing
the Tumbleweed Park Traffic Engineering Services (Project) for Gavan & Barker, Inc. (Client). The primary
purpose of the Project is to prepare signing and pavement marking plans. In addition, the City has requested
allowances for completing a traffic signal warrant analysis and a traffic signal design.
The following text outlines the anticipated tasks and effort to complete the work. The total fee requested for
completing this work is as follows:
Tasks
Fee Type
Fee
DESIGN
Task 1.0: Signing and Pavement Marking
$15,400
Task 1.1: Signing and Pavement Marking Plans (6,000 LF, 4 Sheets) Lump Sum
$12,000
Task 1.2: Meetings (4x Virtual)
T&M NTE
$3,400
Subtotal DESIGN
$15,400
ALLOWANCES
Task 2.0: McQueen Dr/Ryan Rd Traffic Signal Warrant Study
$11,450
Task 2.1: Traffic Counts
Lump Sum
$650
Task 2.2: Traffic Signal Warrant Analysis
Lump Sum
$10,800
Task 3.0: McQueen Dr/Ryan Rd Traffic Signal
$21,000
Task 3.1: Traffic Signal Plans (7 Sheets)
Lump Sum
$21,000
Subtotal ALLOWANCES
$32,450
DIRECT EXPENSES
Mileage, Copies, Deliveries
T&M NTE
$400
Subtotal DIRECT EXPENSES
$ 400
Total ENGINEERING SERVICES
$48,250
Greenlight Traffic Engineering, LLC
S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381
T (602) 499-1339 W greenlightte.com
On behalf of the Greenlight team, we look forward to working with Gavan & Barker, Inc. to complete this
important project.
Sincerely,
Greenlight Traffic Engineering, LLC
Scott Kelley, PE, PTOE
Principal/Senior Project Manager
scottk@greenlightte.com
(602) 499-1339
Greenlight Traffic Engineering, LLC
S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381
T (602) 499-1339 W greenlightte.com
1 of 4
PROJECT DESCRIPTION
The City is improving roadway infrastructure within and adjacent to Tumbleweed Park. This project will include
design and plan preparation for the signing and pavement marking along Pioneer Parkway and Ryan Road. In
addition, the City has requested allowances to complete a traffic signal warrant analysis at the intersection of
McQueen Drive/Ryan Road. The City has also requested an allowance for traffic signal design to be initiated if
traffic signal warrants are met at the McQueen Drive/Ryan Road intersection.
CLIENT-PROVIDED INFORMATION
Client will provide the following information to Greenlight:
•
As-built documentation
•
Relevant reports that include information related to the Project study intersections (e.g., planning
studies, traffic studies, design concept reports (DCRs), etc.)
•
Relevant correspondence and direction received from the City
•
Relevant existing topographic, utilities, and right of way mapping files in CAD format
•
Relevant project infrastructure design plan files (roadway, intersection ramps, sidewalk, utilities, right
of way, etc.) in CAD format
•
CAD border file with standard sheet text placeholders
•
Sheet index with naming and numbering scheme
•
Legal descriptions for ROW acquisition, TCEs, easements as needed
SCOPE OF WORK
1.0 Signing and Pavement Marking
1.1 Signing and Pavement Marking Plans
1.1.1 Project Admin: Prepare invoices, coordinate with the Client and City, and perform internal
coordination as part of executing the project.
1.1.2 Field Review: Greenlight will perform a field review to examine existing infrastructure including
signing, pavement marking, roadway edge/shoulder condition, and other relevant data. Client and
City will be invited to participate.
1.1.3 30%, 60%, 90%, and 100% Sealed Submittals (4 Sheets): The following plan sheets will be
developed for submittal:
•
General Notes, Details, and Legend – 1 Sheet
•
Signing and Pavement Marking Plans, 1” = 40’ – 3 Sheets
1.1.4 Quantities and Engineer’s Opinion of Probable Cost: Greenlight will calculate quantities and
prepare and/or update an Engineer’s Opinion of Probable Construction Costs for up three (3)
submittals (60%, 90%, 100% Sealed).
1.1.5 Summary of Comments: Greenlight will prepare a summary of comments (SOC) and responses for
transmittal with up to three (3) submittals (60%, 90%, 100% Sealed).
1.2 Meetings: Greenlight will attend up to four (4) project meetings:
•
Kickoff Meeting
•
60%, 90%, 100% Comment Resolution Meetings (3 total)
ALLOWANCES
2.0 McQueen Drive/Ryan Road Traffic Signal Warrant Study
2.1 Traffic Counts: Greenlight’s sub will collect one (1) 24-hour turning movement count (TMC) at the
intersection of McQueen Drive/Ryan Road.
2.2 Traffic Signal Warrant Analysis
2.2.1 Crash Data: Query crash data from ADOT’s ACIS crash database for a 5-year period.
2.2.2 Future Development: Coordinate with the City to obtain the latest site plans and/or traffic impact
analyses for upcoming development in the area.
Greenlight Traffic Engineering, LLC
S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381
T (602) 499-1339 W greenlightte.com
2 of 4
2.2.3 Traffic Volume Forecasting: Using site plan and/or TIA information provided by the City, develop
trip generation, distribution, and assignment to calculate turning volumes expected to use the
McQueen Dr/Ryan Road intersection.
2.2.4 Traffic Signal Warrant Analysis: Using software acceptable to the City, evaluate intersection LOS
and traffic signal warrant #1, #2, and #7 for the following scenarios:
2.2.4.1 Existing Conditions.
2.2.4.2 Near-Term (2025) Existing + Background Growth + Known Development traffic volumes.
2.2.4.3 Mid-Term (2030) Existing + Background Growth + Known Development traffic volumes.
2.2.5 Traffic Signal Warrant Report: Prepare draft and final reports. One (1) report update based on City
comments and one (1) comment response is included.
3.0 McQueen Drive/Ryan Road Traffic Signal
3.1 Traffic Signal Design Plans
3.1.1 Project Admin: Prepare invoices, coordinate with the Client and City, and perform internal
coordination as part of executing the project.
3.1.2 Field Review: Coordination and perform a field review with the project team.
3.1.3 As-Built Review: Review as-built plans provided by the Client.
3.1.4 Utility Conflict Review: Identify any potential utility conflicts based on the utility conflict reviews.
3.1.5 Electrical Point of Service Location and Electrical Design Coordination: Coordinate with the
electrical service provider for location of electrical point of service connection and electrical design
approval. Coordinate with the electric provider to initiate and finalize the electrical design.
3.1.6 Electrical Service Address: Coordinate with the City’s GIS department to obtain the electrical
service address once the control equipment corner is finalized.
3.1.7 Electrical Service Request Letter: Prepare an electrical service request letter, including calculations
for anticipated electrical load. Document text will be provided to City for insertion on City’s
letterhead, signature, and transmittal to electrical service provider to establish an electrical service
account.
3.1.8 30%, 60%, 90%, 100% Sealed Submittals: Prepare a 30% preliminary design for use in design and
utility coordination, as well as for City input on design. Prepare 60%, 90%, and Final/sealed plan
submittals. A summary of comments (SOC) will be provided with subsequent submittals.
The following plan sheets will be developed for submittal:
•
Traffic Signal Notes, Details and Legend – 1 Sheet
•
Traffic Signal Layout Sheet, 1” = 20’ – 1 Sheet
•
Traffic Signal Pole Schedule – 1 Sheet
•
Traffic Signal Conductor Schedule – 1 Sheet
•
Signing and Pavement Marking Plans, 1” = 40’ – 1 Sheet
•
City and Utility company detail sheet, NTS – 2 Sheets
3.1.9 Quantities and Engineer’s Estimate: Greenlight will calculate quantities and prepare and/or
update an Engineer’s Opinion of Probable Construction Costs for up four (4) submittals (30%, 60%,
90%, 100% Sealed).
3.1.10 Summary of Comments: Greenlight will prepare a summary of comments (SOC) and responses
for transmittal with up to two (2) submittals (60%, 90%, 100% Sealed).
DIRECT EXPENSES
•
Mileage will be charged at the prevailing federal rate, currently $0.585/mile.
Greenlight Traffic Engineering, LLC
S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381
T (602) 499-1339 W greenlightte.com
3 of 4
PROJECT DELIVERABLES
•
60%, 90%, 100% Sealed Submittals of Signing and Pavement Marking Plans and Estimate.
•
Draft and Final Submittals of Traffic Signal Warrant Report.
•
30%, 60%, 90%, 100% Sealed Submittals of Traffic Signal Plans and Estimate.
ASSUMPTIONS
•
The singing and pavement marking plan sheets and traffic signal plan sheets will be included in the
overall plan set and will not be a standalone set of plans.
•
The City is the only reviewing agency/entity.
•
Client and/or City will prepare bid advertisement documentation.
•
Client will prepare and provide all existing base mapping (topo, utilities, ROW).
•
All electronic design files will be provided and developed in AutoCAD format.
•
All design plans will be provided to the Client in PDF; therefore, no costs for printing or shipping of
submittals is included in this proposal.
EXCLUSIONS
•
Obtaining as-builts.
•
Utility potholes and utility designation (SUE QL-A or QL-B).
•
Utility Coordination, including Bluestake request and “No conflict” letters.
•
Utility Relocation design/coordination.
•
ADA inspection, compliance analysis, or design of existing pedestrian infrastructure facilities (i.e., ramps,
sidewalk, crosswalks, signals, etc.).
•
Preparation of meeting notes or minutes, unless otherwise noted.
•
Fees for permits and permit submittals.
•
Cover sheet(s) for discipline specific plan sets (i.e., signing/marking, signal, lighting, etc.).
•
Survey, legal descriptions, and title reports.
•
Traffic control or construction sequencing design plans.
•
Lighting design plans.
•
ITS/Communications design plans.
•
Civil design plans for roadway (removals or proposed) including intersection curb ramps.
•
As-Builts and Record Drawing plans.
•
Technical specifications and special provisions.
•
Post design, including RFIs, shop drawing/materials reviews, field call outs, pre-construction meetings.
•
Construction Bidding meetings, negotiation meetings, and evaluation of contractor/subcontractor
proposals.
•
Construction administration and inspection.
•
Other services not specifically identified in the scope of work.
SCHEDULE
Greenlight will coordinate with Client to develop a schedule. Greenlight will commence work following the
receipt of the signed proposal and Client NTP.
Greenlight Traffic Engineering, LLC
S 14050 N 83rd Ave, Ste 290, Peoria, AZ 85381
T (602) 499-1339 W greenlightte.com
4 of 4
ADDITIONAL SCOPE OF WORK REQUESTS
Additional efforts requested that are not included in the Project scope of work will be discussed with the Client
and billed according to the attached Billing Rate Schedule or per a subsequent scope of work and fee proposal
approved by the Client. Additional scope of work may include, but is not limited to, additional requirements
imposed by the reviewing agency that generate new efforts outside this scope of work. These requirements may
include additional research, analysis, reporting, and meetings.
GREENLIGHT TRAFFIC ENGINEERING
2022 BILLING RATE SCHEDULE
Employee Type
Hourly Rate
Sr QC Reviewer
$235.00
Project Manager Sr.
$210.00
Project Manager
$185.00
Project Engineer Sr.
$147.00
Project Engineer
$132.00
Designer Sr.
$126.00
Designer
$115.00
Engineer – EIT
$105.00
Engineer – Intern
$60.00
CADD Technician
$85.00
Admin/Clerical
$75.00
City of Chandler Professional Services Agreement – Exhibit “C”
Page C-1
Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
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: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
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: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
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: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 11/1/19
EXHIBIT “D”
SPECIAL CONDITIONS
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of
the MAG Specifications and MAG Standard Details as amended by City. City’s current
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found
and downloaded from City’s website at http://www.chandleraz.gov/udm.
City Ownership of Project Documents. All work products (electronically or manually
generated) including, but not limited to: plans, specifications, cost estimates, field notes,
tracings, studies, investigations, design analyses, original drawings, original mylars, Computer
Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, and other
related documents which are prepared in the performance of this Agreement (collectively
referred to as "Documents") are to be and remain the property of City and are to be delivered
to the Project Manager before the final payment is made to Consultant. In the event these
Documents are altered, modified or adapted without the written consent of Consultant,
which consent Consultant must not unreasonably withhold, City agrees to hold Consultant
harmless to the extent permitted by law from the legal liability arising out of City's alteration,
modification or adaptation of the Documents.
Re-use of Documents. The parties agree the documents, drawings, specifications and designs,
although the property of City, are prepared for this specific project and are not intended nor
represented by Consultant to be suitable for re-use for any other project. Any re-use without
written verification or adaptation by Consultant for the specific purpose intended will be at
City’s sole risk and without liability or legal exposure to Consultant.
Patent Fees and Royalties. Consultant must pay all license fees and royalties and assume all
costs incidental to the use, in the performance of the work or the incorporation in the work
of any invention, design, process, product, or device which is the subject of patent rights or
copyrights held by others. If a particular invention, design, process, product, or device is
specified in the Agreement for use in the performance of the work and if, to the actual
knowledge of City, its use is subject to patent rights or copyrights calling for the payment of
any license fee or royalty to others, the existence of such rights will be disclosed by City in the
Agreement. Consultant must defend, indemnify and hold harmless City and anyone directly
or indirectly employed by City from and against all claims, damages, losses, and expenses
(including attorneys’ fees) arising out of any infringement of patent rights or copyrights
incidental to the use in the performance of the work, or resulting from the incorporation in
the work of any invention, design, process, product, or device not specified in the Agreement,
and must defend all such claims in connection with any alleged infringement of such rights.
License to City for Reasonable Use. With this Agreement, Consultant and its subconsultants
hereby grant a license to City, its agents, employees, and representatives for an indefinite
period of time to reasonably use, make copies, and distribute as appropriate the Documents,
works or deliverables developed or created as a result of the Project and this Agreement. This
license also includes the making of derivative works.
City of Chandler Professional Services Agreement – Affidavit of Lawful Presence
Page AFF-2
Public Works & Utilities Department, Capital Projects Division
Project Name: TUMBLEWEED PARK SOFTBALL FIELD COMPLEX
Project No.: PR2106.201
Rev. 11/1/19
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.