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Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page 1
PROFESSIONAL SERVICES AGREEMENT
Design Services
BOSTON STREET IMPROVEMENTS
Project No. ST2203.201
Council Date: September 22, 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
Ardurra Group, Inc., a Florida 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 BOSTON STREET
IMPROVEMENTS 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 enter into an Agreement 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.
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page 2
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 180
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 $148,090 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:
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page 3
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: 480-782-3349
Email: kimberly.moon@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Hafiz Noor, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3324
Email: hafiz.noor@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Ardurra Group, Inc.
Mailing Address:
4921 Memorial Highway, Suite 300, Tampa, FL 33634
Physical Address:
Statutory Agent Name: CT Corporation System
Statutory Agent Mailing Address:
1200 South Pine Island Road,
Plantation, FL 33324
Statutory Agent Physical Address:
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Frank E. Henderson III
Title:
Public Works Practice Manager
Phone:
602-263-1177
Email:
fhenderson@ardurra.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 Agreement 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 Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page 4
accuracy of all cost and pricing data. City reserves the right to decrease Agreement 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
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.
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page 5
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys' fees and costs of claim processing, investigation and
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful,
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers'
compensation law or on account of the failure of Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
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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 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.
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
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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
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 an Agreement
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 an
Agreement 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 Agreement 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
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page 8
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
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
Agreement 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
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page 9
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
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
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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
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.
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5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including, but
not limited to, all parts and labor) at Consultant’s sole cost and expense. All written warranties
and redlines for as-built conditions must be delivered to City on or before City’s final
acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
SIGNATURE PAGE TO FOLLOW
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
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This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“CITY” CITY OF CHANDLER
MAYOR
RECOMMENDED BY:
Kimberly Moon, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
Ardurra Group, Inc.
Signature
Date
Print Name
Title
Signer Email Address
Gary Fromm
Practice Director
gfromm@ardurra.com
for Kim Moon
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page A-1
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
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BOSTON STREET DESIGN SERVICES SCOPE OF WORK
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide survey, design, development of construction documents
services to reconstruct:
a. Boston Streetscape Improvements from east curb return of California Street
to west curb return of Arizona Avenue in City of Chandler, Arizona.
b. Oregon Street from Boston to north curb return Essex St.
1.2
Streetscape improvements are generally described as:
a. Reconstruct Boston St. roadway typical section to consist of one (1) ten (10)
foot wide through lane in each direction with twelve (12) foot center turn lane
b. Reconstruct Oregon St. roadway typical section to consist of one (1) 10 foot
wide through lane each direction
c. Road reconstruction will eliminate angle parking along south side of Boston
and along west side of Oregon.
d. Vertical curb and gutter and widened attached sidewalk.
e. Full depth pavement reconstruction using City typical pavement section
f. New ADA compliant curb ramp and pedestrian cross walks at San Marcos
and Oregon St. intersections
g. Storm water pavement drainage conveyance, collection, and outfall to existing
storm drain system.
1.3
The project design services described in this Scope of Work including labor and
equipment is Lump Sum NTE $110,090 plus $38,000 in allowances for a contract
total of $148,090. Design services for the project will be completed within this
budget based on assumptions and exclusion listed below.
1.4
Consultant will provide all design services for the Project including civil
engineering services, public involvement, landscape, and geotechnical services.
2. ASSIGNMENT:
2.1
The design Agreement has been awarded to a engineering consultant based on
their proposed personnel and specified subconsultants. 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.
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Page 2
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
As and for preliminary research before preparing the project design, Consultant
will:
a. Perform a Document Search for utility as-builts.
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.
g. Investigate existing conditions, make measured drawings, and verify accuracy
of drawings or other information furnished by City.
h. Consultant must provide a survey of the project area that includes complete
topographical and existing property features/improvements 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.
6. UTILITY/AGENCY COORDINATION:
6.1
Coordination with utility companies and agencies must 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.
1001 N. Central Avenue, Suite 900 | Phoenix, AZ 85004 | 602.263.1177 | www.ardurra.com
Page 3
6.3
Consultant must coordinate the design and installation of the utility electric and
water services for street lights and irrigation.
6.4
Any easements required utility relocations will be identified in the schematic
design documents including alignments and dimensions and provided to City’s
Real Estate Department to allow City to complete acquisition during the design
phase.
6.5
Consultant must submit preliminary plans and specifications to utility
representatives for review and use at each submittal stage for their service
improvements or any necessary relocations.
6.6
Consultant must conduct two (2) utility meetings to coordinate relocations with
utility representatives and establish relocation schedules.
6.7
Consultant must review utility relocation to confirm utility facilities are congruent
with proposed street improvements.
6.8
Consultant will reflect utility relocation alignments and facilities on streetscape
improvement plans.
6.9
Consultant coordination will include obtaining a relocation construction duration
from the utility representative and provide the duration to City.
6.10
Consultant must incorporate the utility construction requirements into the bid
documents.
7. GEOTECHNICAL INVESTIGATION
7.1
Consultant must perform all soil and pavement borings necessary to complete
their work identified in Geotechnical scope of work to be developed after Concept
(15%) Design.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must
be incorporated into the bid documents in a manner usable to establish structural
pavement section.
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 must perform a total of two (2) Public Information meetings. These will
include preparing exhibits, facilitating discussions and documenting meeting
information exchange. The exhibits will include a simple site orientation plan, and
one line building component plan(s). City will advertise and promote the meetings.
9. CONCEPT DESIGN (15% Document Review):
9.1
When design is approximately 15% complete, Consultant must do the following:
a. Submit “roll plot” pdf drawing that show new curb alignment, street layout,
lane dimensions, new and reconstruct sidewalk areas and sidewalk ramps.
b. Consultant will meet with City staff to be determined by City Project Manager
two weeks after 15% submittal to discuss any changes deemed necessary by
1001 N. Central Avenue, Suite 900 | Phoenix, AZ 85004 | 602.263.1177 | www.ardurra.com
Page 4
the City. The 15% exhibit will be revised and submitted one week after the
meeting for City approval prior to proceeding with 30% design.
10. SCHEMATIC DESIGN (30% Document Review):
10.1
When the design is approximately thirty percent complete, Consultant must do
the following:
a.
Prepare and submit paving and profile plans at a scale of 1”=20’ horizontal and
1”=2’ vertical, that show survey control, topographic mapping, centerline
stationing, curb and gutter, sidewalk, handicap ramps, driveways, turn lanes,
intersecting streets, utilities, existing right-of-way, proposed right-of-way,
existing utilities, construction notes, etc. Profiles shall show centerline
stationing, existing ground, proposed curb and gutter grades, benchmarks
and underground utilities.
b. Prepare a construction cost estimate for verification with the budget.
c. Schedule and attend comment resolution meeting with City stakeholders.
Meeting will include identifying project features that can be reduced or
eliminated to meet City’s program budget.
11. DESIGN DEVELOPMENT (60% Document Review):
11.1
Based on the approved Schematic Design Documents and any adjustments
authorized by City in the program, schedule or construction budget, Consultant
must prepare, for approval by City, Design Development Documents consisting of
drawings and other documents to fix and describe the size and character of the
Project as to architectural, structural, mechanical and electrical systems, materials
and such other elements as may be appropriate. When the design is
approximately sixty percent (60%) complete, Consultant must do the following:
a. Create an outline specification.
b. Prepare plans, elevations, sections, schedules and notes as required to fix and
describe the project as to civil, drainage, lighting and landscape systems.
c. Consultant is required to review and complete the City's Constructability
Review Checklist.
d. All applicable checklist items are required to be incorporated in the design
documents.
e. Prepare a construction cost estimate for verification with the budget.
f.
Submit once to City’s Project Manager for comment two complete drawing sets
and specificationsone of which will be reproducible. Include original redline
drawings and comments received from previous review along with a review
summary indicating action taken.
g. Schedule review meeting with plan check staff to discuss review comments.
Clarify with the plan check staff what the design challenges are and decide the
method in which they will be resolved.
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Page 5
12. PREFINAL DOCUMENTS (95% Document Review):
12.1
Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget
authorized by City, Consultant must prepare, for approval by City, Construction
Documents consisting of Drawings and Specifications setting forth in detail the
requirements for the construction of the Project. When the design is
approximately ninety eight percent (95%) complete Consultant must do the
following:
a. Prepare plans, elevations, sections, schedules, notes and specifications as
required to be able to bid and construct the project in its entirety.
b. Cover sheet to be provided by City on diskette (AutoCAD 2004).
c. Provide City of Chandler with a copy of the AutoCAD files.
d. Conduct a full document set (plans & Specs) review in the presence of all
consultants and City’s representatives.
e. Provide document coordination of work performed by separate contractors or
by City’s own forces (i.e.: systems furniture or exercise equipment provisions
& installation, etc.).
f.
Prepare a construction cost estimate for verification with the budget.
g. Prepare bid alternates as necessary to assure budget can be met.
h. Submit to City’s Project Manager for comment two complete drawing sets,
specifications, drainage & structural calculations, one of which will be
reproducible. Include original redline drawings and comments received from
previous review along with a review summary indicating action taken.
13. BID & AWARD (100% Documents):
13.1
Submit bid documents to Development Services for building permit. All plans,
calculations and specifications will be stamped. The specifications will be 8-1/2” x
11” and in electronic format on diskette in Microsoft Word 98. Plans will be black
line prints as well as on diskette Auto CAD release 14 or R2000. Include original
redline drawings and comments received from previous review along with a
review summary indicating action taken.
13.2
Pick-up plan review final comments and prepare stamped Mylar documents for
reproduction. City will have the bid sets reproduced from these Mylar’s.
13.3
Assist City in the preparation of the Bid Form.
13.4
Attend and participate at the pre-bid conference for the purpose of answering
technical questions from potential bidders.
13.5
Assist City in the evaluation of “substitutions and or-equals” and make a
recommendation to accept or decline.
13.6
Prepare addenda for review and approval by City. City will distribute.
13.7
If bids are 10% over or under the “engineers estimate”, Consultant will be required
to provide a detailed evaluation explaining differences. Then the documents will
be modified and re-bid at no additional cost to City.
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Page 6
14. ASSUMPTION, CLARIFICATIONS, AND EXCLUSIONS
14.1
Bioassay testing, archeology, soil fertility, and other tests to determine existing
plant viability is excluded. Determination of existing plant viability to be based on
professional opinions with considerations of typical construction activity impacts.
14.2
Drainage investigation, calculations or analysis are excluded.
14.3
Streetlight illumination calculations and design are excluded.
14.4
Application fees for City reviews and permits shall be paid by City.
14.5
Application fees for outside agency reviews and permits shall be paid utilizing the
Permit Allowance.
14.6
Design schedule assumes City completes submittal reviews within twenty (20)
working days.
14.7
City will coordinate utility company access to site, review/approve traffic control
plans and monitor relocation progress.
14.8
Construction management or observation, inspection, or participation in
construction meetings is excluded.
14.9
Legal descriptions for utility easements are excluded.
14.10 Reimbursable allowance will be used for printing, mileage, and approved
expenses at cost.
14.11 Owner’s Allowance shall only be used with prior written approval from the City
representative.
EXHIBIT “B”
COMPENSATION AND FEES
Project Name: BOSTON STREET IMPROVEMENTS
Page B-1
Project No.: ST2203.201
Rev. 7/20/2022
EXHIBIT "B-1"
Lump Sum Cost Per Task
TASK DESCRIPTION
SUBTOTAL
Task 1.0 Project Description & Scope of Construction
Task 2.0 Assignment
Task 3.0 Project Schedule
$
1,600.00
3.1 Production Schedule
$
1,600.00
Task 4.0 Quality Control
$
4,360.00
4.1 Quality Control Plan
$
4,360.00
Task 5.0 Preliminary Research
$
15,970.00
5.1 Perform Document Search and Research
$
2,340.00
5.2 Investigate Existing Conditions
$
1,700.00
5.3 Survey
$
11,930.00
Task 6.0 Utility/Agency Coordination
$
8,910.00
6.1 Coordination with Utilities (PIPG)
$
3,020.00
6.2 Identify Utility Conflicts
$
2,870.00
6.3 Coordination Design of Utilities
$
3,020.00
Task 7.0 Geotechnical Investigation
$
-
7.1 Soil and Pavement Borings
$
-
Task 8.0 Programming & Schematic Design (30%)
$
18,840.00
8.1 Site Investigation & Information Gathering
$
3,880.00
8.2 Prepare CAD Base Plans
$
9,440.00
8.3 Prepare 30% SD & ROM Cost Estimate
$
3,520.00
8.4 CofC Review/Meeting/Site Visit
$
2,000.00
Task 10.0 Design Development (60% & 80%)
$
22,270.00
10.1 Prepare 60% CAD Base Plans
$
12,140.00
10.3 Prepare 60% Plans & Outline Specs
$
4,980.00
10.4 Coordinate 60% Cost Estimate
$
3,150.00
10.5 60% CofC Review/Meeting/Site Visit
$
2,000.00
Task 11.0 Construction Documents (90% & 100%)
$
32,640.00
11.1 Prepare 90% CAD Base Drwgs
$
7,360.00
11.2 Prepare 90% Plans & Draft Tech Specs
$
9,220.00
11.3 Cordinate 90% Cost Estimate
$
2,490.00
11.4 90% CofC Review/Meeting/Site Visit
$
2,000.00
11.5 Prepare 100% Plans & Final Tech Specs
$
6,450.00
11.6 100% Deliverables, Plan Review & Permit
$
2,820.00
11.7 100% Engineer's Cost Estimate
$
2,300.00
Task 12.0 Contractor Coordination / Bidding
$
5,500.00
12.1 Coordinate & Issue Bid Documents
$
2,100.00
12.2 RFIs / Substitution Requests
$
2,000.00
12.3 Issue Addenda as required
$
1,400.00
ALLOWANCES
$
38,000.00
13.1 Allowance for Printing Expenses at Direct Cost
$
500.00
13.2 Allowance for Public Outreach (MakPro)
$
5,000.00
13.3 Allowance for Landscape Design (J2)
$
15,000.00
13.4 Allowance for Geotechnical Design (ATEK)
$
5,000.00
13.5 Owner's Allowance
$
12,500.00
TOTAL COST:
$
148,090.00
1001 N. Central Avenue, Suite 900 | Phoenix, AZ 85004 | 602.263.1177 | www.ardurra.com
EXHIBIT "B-2"
Hours and Rates
PM
Sr. Engr.
PE/Prof
Engr /
Designer
Tech
Survey
Manager RLS
Chief of
Survey Crew
2 Person
Survey Crew
Admin
< PROJECT ROLE
$ 200.00
$ 180.00
$ 165.00
$ 150.00
$ 135.00
$
200.00 $
120.00 $
170.00 $ 95.00 < HOURLY RATES
TASK DESCRIPTION
TOTAL HOURS
PER TASK
Task 1.0 Project Description & Scope of Construction
Task 2.0 Assignment
Task 3.0 Project Schedule
2
0
4
0
4
0
0
0
0
10
3.1 Production Schedule
2
4
4
Task 4.0 Quality Control
8
8
8
0
0
0
0
0
0
24
4.1 Quality Control Plan
8
8
8
Task 5.0 Preliminary Research
1
2
4
8
30
8
6
40
4
103
5.1 Perform Document Search and Research
1
2
5
8
5.2 Investigate Existing Conditions
1
1
2
3
4
5.3 Survey
18
8
6
40
4
Task 6.0 Utility/Agency Coordination
9
4
14
20
8
0
0
0
0
55
6.1 Coordination with Utilities (PIPG)
4
2
4
8
6.2 Identify Utility Conflicts
1
6
4
8
6.3 Coordination Design of Utilities
4
2
4
8
Task 7.0 Geotechnical Investigation
0
0
0
0
0
0
0
0
0
0
7.1 Soil and Pavement Borings
SEE ALLOWANCE (ATEK)
Task 8.0 Programming & Schematic Design (30%)
9
4
24
32
56
0
0
0
0
125
8.1 Site Investigation & Information Gathering
2
4
8
12
8.2 Prepare CAD Base Plans
1
8
24
32
8.3 Prepare 30% SD & ROM Cost Estimate
2
4
8
8
8.4 CofC Review/Meeting/Site Visit
4
4
4
Task 10.0 Design Development (60% & 80%)
11
14
32
24
60
0
0
0
6
147
10.1 Prepare 60% CAD Base Plans
4
8
12
24
32
10.2 Prepare 60% Plans & Outline Specs
2
4
8
16
4
10.3 Coordinate 60% Cost Estimate
1
2
8
8
2
10.4 60% CofC Review/Meeting/Site Visit
4
4
4
Task 11.0 Construction Documents (90% & 100%)
16
20
46
48
72
0
0
0
14
216
11.1 Prepare 90% CAD Base Drwgs
2
8
16
24
11.2 Prepare 90% Plans & Draft Tech Specs
4
8
12
20
12
4
11.3 Cordinate 90% Cost Estimate
1
2
4
8
2
11.4 90% CofC Review/Meeting/Site Visit
4
4
4
11.5 Prepare 100% Plans & Final Tech Specs
2
4
6
12
16
4
11.6 100% Deliverables, Plan Review & Permit
2
4
8
4
11.7 100% Engineer's Cost Estimate
1
2
4
8
Task 12.0 Contractor Coordination / Bidding
4
0
18
0
10
0
0
0
4
36
12.1 Coordinate & Issue Bid Documents
2
8
4
12.2 RFIs / Substitution Requests
1
6
6
12.3 Issue Addenda as required
1
4
4
1001 N. Central Avenue, Suite 900 | Phoenix, AZ 85004 | 602.263.1177 | www.ardurra.com
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page C-1
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 Agreement 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
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page C-2
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.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page C-3
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 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.
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page AFF-1
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.
Project Name: BOSTON STREET IMPROVEMENTS
Project No.: ST2203.201
Rev. 7/20/2022
Page AFF-2
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.