Extracted text (via pymupdf)
96839 characters
Project Name: DELAWARE STREET PARKING LOT
Page 1
Project No.: ST2308.201
Rev. 11/10/22
PROFESSIONAL SERVICES AGREEMENT
Design Services
DELAWARE STREET PARKING LOT
Project No. ST2308.201
Council Date: March 23, 2023
Item No.
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2023
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and NFra, 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 DELAWARE STREET
PARKING LOT 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: DELAWARE STREET PARKING LOT
Page 2
Project No.: ST2308.201
Rev. 11/10/22
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 281
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 $194,793 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: DELAWARE STREET PARKING LOT
Page 3
Project No.: ST2308.201
Rev. 11/10/22
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Kimberly Moon, P.E.
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: Rachel Marx, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3354
Email: rachel.marx@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: NFra, Inc.
Mailing Address:
77 E. Thomas Road, Suite 200, Phoenix, AZ 85012
Physical Address: 77 E. Thomas Road, Suite 200, Phoenix, AZ 85012
Statutory Agent Name: James P O’Sullivan
Statutory Agent Mailing Address:
Tiffany & Bosco PA 2525 E Camelback
Road, 7th Floor, Phoenix, AZ 85016
Statutory Agent Physical Address:
Tiffany & Bosco PA 2525 E Camelback
Road, 7th Floor, Phoenix, AZ 85016
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Randal Weyrauch
Title:
Vice President
Phone: 602-443-6066 Office 602-703-3293 Cell
Email:
rweyrauch@nfrainc.us
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: DELAWARE STREET PARKING LOT
Page 4
Project No.: ST2308.201
Rev. 11/10/22
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 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
Project Name: DELAWARE STREET PARKING LOT
Page 5
Project No.: ST2308.201
Rev. 11/10/22
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
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: DELAWARE STREET PARKING LOT
Page 6
Project No.: ST2308.201
Rev. 11/10/22
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
Project Name: DELAWARE STREET PARKING LOT
Page 7
Project No.: ST2308.201
Rev. 11/10/22
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
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
Project Name: DELAWARE STREET PARKING LOT
Page 8
Project No.: ST2308.201
Rev. 11/10/22
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
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
Project Name: DELAWARE STREET PARKING LOT
Page 9
Project No.: ST2308.201
Rev. 11/10/22
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
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
Project Name: DELAWARE STREET PARKING LOT
Page 10
Project No.: ST2308.201
Rev. 11/10/22
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
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.
Project Name: DELAWARE STREET PARKING LOT
Page 11
Project No.: ST2308.201
Rev. 11/10/22
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.
5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.45 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.
Randal Weyrauch
2/9/23
Vice President
rweyrauch@nfrainc.us
Project Name: DELAWARE STREET PARKING LOT
Page A-1
Project No.: ST2308.201
Rev. 11/10/22
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Date:
December 20, 2022
To:
Rachel Marx, PE, CFM
Project Manager
City of Chandler
215 E. Buffalo Street
Chandler, AZ 85225
Subject:
City of Chandler Project No: ST2308
Project Name: Delaware Parking Lot
Project Location: Commonwealth Avenue to Chandler Boulevard
NFra Inc. Project No.: 2302xx
Revised Scope of Work and Fee Proposal
Dear Ms. Marx,
NFra is pleased to submit our revised proposal to the City of Chandler (COC) to provide professional
engineering design services for the Delaware Parking Lot improvement project. Our proposal includes the
following:
Cover Letter
Exhibit A-1 – Scope of Work
Exhibit A-2 – Project Limits Map
Exhibit A-3 – Preliminary Production Schedule
Exhibit B-1 – Fee Schedule Summary and Fee Schedule
Exhibit B-2 – Hours and Rates Schedule
Exhibit B-3 - Subconsultant Fee Summary
Attachments A thru D – Subconsultants Scope of Work / Fee Proposals
Also attached to the back of the proposal is NFra’s certificate of insurance.
If you have any questions, please feel free to contact me at (602) 443-6066 or rweyrauch@nfrainc.us.
NFra is looking forward to working with you and the City on this project.
Sincerely,
Randy Weyrauch, P.E.
NFra Inc. Project Manager
L:\Project Management\Chandler\2019 On-Call\ST2308 Delaware Parking Lot\Submittal 122022\Rachel Marx Letter 122022.doc
EXHIBIT “A-1”
SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide services for the design, permitting, development of
construction documents for the development of a new parking lot, located at the
southeast corner of the Chandler Boulevard and Delaware Street intersection,
Chandler, Arizona, all as more specifically described herein below.
Consultant will design a new parking lot along the east side of Delaware Street
between Commonwealth Avenue and Chandler Boulevard that will accommodate
approximately 120 parking stalls or more. Improvements may also include lighting,
landscaping, drainage, signing and striping, and adjacent sidewalk, corner ramps
and crosswalk improvements.
1.2
The facility design may include, but not be limited to, parking lots, drainage
improvements, lighting, landscaping signing and striping and other associated
functions. The proposed project limits are provided in Exhibit A-2.
1.3
Consultant will provide all design services for the Project including, but not limited to,
normal landscape, civil, and electrical engineering services.
2. ASSIGNMENT:
2.1
The design Agreement has been awarded to NFra Inc. 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.
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. See Exhibit A-3 for
the Preliminary Production Schedule.
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.
4.2
Consultant will provide a quality control review at each submittal to ensure City
guidelines, requirements and standards are being satisfied.
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, drainage 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 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.
5.2
See Attachment A for Consultant Registered Surveying’s scope of work and fee
proposal to provide surveying services.
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.
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.
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. Easements are not anticipated
since construction will be within City owned property.
6.5
Engineers employed by Consultant must provide the legal descriptions for the natural
gas and electrical service easements. Easements are not anticipated since
construction will be within City owned property.
6.6
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 necessary relocations.
6.7
Consultant must conduct utility meetings to coordinate relocations with utility/agency
and establish relocation schedules.
6.8
Consultant must follow-up with the final design submittal for utility construction and
coordination with the bid documents.
6.9
Consultant must incorporate the utility/agency private developer construction
requirements into the bid documents.
7. GEOTECHNICAL INVESTIGATION:
7.1
Consultant must perform all soil and pavement borings necessary to complete their
work.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must be
incorporated into the bid documents in a manner usable to the excavation and
foundation bidding and construction.
7.3
See Attachment B for Ninyo and Moore’s scope of work and fee proposal to provide
geotechnical services.
8. PROGRAMMING / PRELIMINARY DESIGN (15% DOCUMENT REVIEW):
8.1
Consultant must coordinate with City staff to ascertain the requirements of the
Project and will arrive at a mutual understanding of such requirements. At the 15%
stage, the project will go through the Pre-Technical Process.
8.2
Develop a site plan. Design must utilize established City of Chandler benchmarks and
reference locations of benchmarks on the plans.
8.3
Consultant must facilitate a comment resolution meeting following each submittal
with:
a. City staff
8.4
Consultant must prepare a “Program” which will include:
a. Establish construction budget.
b. Complete documentation of site survey from preliminary work.
c. Define site requirements.
d. Create a matrix of spaces, sizes and amenities within the proposed parking lots.
8.5
Based on the mutually agreed-upon program, schedule and construction budget
requirements, Consultant must prepare, for approval by City, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of the Project components. Consultant will prepare a preliminary layout of
the parking lot which will be presented to City staff and management to gain input
before the preferred layout is finalized for City review through the Pre-Technical
Process.
8.6
Consultant will submit design documents of the preferred layout (overall concept) to
the City for review and comments. The design submittal will be in the form of plan
sheets showing proposed parking lots, stalls, driveways, ramps, sidewalks, lighting,
security fencing, landscaping and other design components.
8.7
Consultant will address City comments and revise the design documents for a second
review prior to proceeding to the 60% design phase.
9. DESIGN DEVELOPMENT (60% Document Review):
9.1
Based on the approved Development 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, 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. Allow and invite the Owner’s Representative to attend the regular scheduled
design coordination meetings.
b. Create a full technical specification package.
c. Prepare plans, elevations, sections, schedules and notes as required to fix and
describe the project as to civil, structural, electrical, and special systems.
d. Perform code reviews and implement requirements into the design documents.
e. Consultant is required to review and complete the City's Constructability Review
Checklist. All applicable checklist items are required to be incorporated in the
design documents.
f.
Value Engineer the design cooperatively with the entire design team and City’s
representatives. This effort will occur as early as effectively possible and consist
of a focused meeting addressing: relationships of components, and construction
materials.
g. Prepare a construction cost estimate for verification with the budget. Re-design
as necessary to re-align the design with the construction budget. Unit costs will
be updated to reflect current industry prices.
h. Conduct a full document set (plans & specs) review in the presence of all
consultants and City’s representatives and any other stakeholders.
i.
Submit once 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.
j.
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.
9.2
See Attachment C for J2’s scope of work and fee proposal for landscaping and
drainage design services.
9.3
See Attachment D for Wright Engineering’s scope of work and fee proposal for
project lighting.
10. CONSTRUCTION DOCUMENTS (100% Document Review):
10.1
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
one hundred percent (100%) 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. Provide City of Chandler with a copy of the AutoCAD files. Each building system
must be “layered” so as to be able to isolate trades or engineering from
architectural components or vice versa.
c. Conduct a full document set (plans & Specs) review in the presence of all
consultants and City’s representatives.
d. 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.).
e. Prepare a construction cost estimate for verification with the budget. Re-design
as necessary to re-align the design with the construction budget. Unit costs will
be updated to reflect current industry prices.
f.
Prepare bid alternates as necessary to assure budget can be met.
g. 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.
h. Schedule review meeting with plan check staff to discuss review comments.
Clarify with the plan check staff what the design challenges are and decide the
method in which they will be resolved.
10.2
See Attachment C for J2’s scope of work and fee proposal for landscaping and
drainage design services.
10.3
See Attachment D for Wright Engineering’s scope of work and fee proposal for
project lighting.
11. BID & AWARD (Sealed Final Documents):
11.1
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” paper and pdf format. Plans will be black line prints and pdf format. Include
original redline drawings and comments received from previous review along with a
review summary indicating action taken.
11.2
Pick-up plan review final comments and prepare stamped pdf documents for
reproduction. City will have the bid sets reproduced from these pdf’s.
11.3
Assist the City in the preparation of the Bid Form.
11.4
Attend and participate at the pre-bid conference for the purpose of answering
technical questions from potential bidders.
11.5
Assist City in the evaluation of “substitutions and or-equals” and make a
recommendation to accept or decline.
11.6
Prepare addenda for review and approval by City. City will distribute.
11.7
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.
12. OWNER ALLOWANCES:
An owners allowance is included for additional services not identified or have been excluded in
this scope of work but determined by the CITY to be required for completion of the project. All
tasks completed under this allowance shall be identified and authorized by the CITY’S
Engineering Project Manager in advance. Owner’s Allowance shall only be used with prior
written approval from the CITY representative. This work will be provided at the hourly rates
shown in Exhibits B. Design items that may be needed include:
12.1
Security components around the parking lot, could include chain link fencing, walls,
key cards or other forms of security, including access gates.
12.2
Coordination with UPRR to abandon or convey property to the City. Coordinate
improvements along the east side of parking lot with UPRR.
12.3
Prepare legal description and exhibit to abandon or convey UPRR property to the
City.
12.3.1 See Attachment A for Consultant Registered Surveying’s scope of work
and fee proposal for legal descriptions and exhibits.
12.4 Reimbursable expenses to complete the project design related to the scope of work
outlined in this proposal. Reimbursable allowance is to be used for printing,
reproduction, permits, and other approved reimbursable expenses. CITY will
reimburse expenses at cost. Application fees for other agencies other than the CITY
shall be paid utilizing the Reimbursable Expense Allowance.
12.5
Other miscellaneous unidentified items.
13 PERIOD OF SERVICE (MILESTONES):
13.1
Following receipt of a “Notice to Proceed” with the design work, Consultant must
complete the design and have all documents ready for bidding within 281 calendar
days of the date indicated on the Notice to Proceed.
13.2
The Bid and Award period will be approximately 80 calendar days from sealed final
plans being submitted to the CITY.
13.3
Consultant must complete all services specified herein in accordance with the
Production Schedule and progress milestones included in Exhibit D attached herein.
In the event delays are experienced beyond the control of Consultant, the
completion date may be extended as mutually agreed upon by City and Consultant.
14 ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS:
14.1
The following tasks are excluded from this project:
a. Application fees for CITY reviews and permits shall be paid by the CITY.
b. Public outreach efforts, including public meetings are not required.
c. Covered parking and structural design will not be included with the project.
However, design should accommodate locations for future foundations and poles
for the covered parking.
0DULFRSD&RXQW\*,20DULFRSD&RXQW\$VVHVVRU
V2IILFH
O
$0
0DS
352-(&7/,0,76
(;+,%,7$ ST2308 - DELAWARE PARKING LOT
E. CHANDLER BLVD
E. BUFFALO ST
E. COMMONWEALTH AVE
N. DELAWARE ST
Activity ID
Activity Name
Original
Duration
Estimated Start
Estimated Finish
Actual Start
Actual Finish
A1000 Notice to Proceed
1 13-Feb-23
13-Feb-23
A1010 Design Kickoff Meeting
1 21-Feb-23
21-Feb-23
A1020 Progress / Design Meetings
200 14-Feb-23
20-Nov-23
A1100 Data Collection / Design Bluestake
10 22-Feb-23
07-Mar-23
A1110 Identify Existing Utilities
15 08-Mar-23
28-Mar-23
A1120 Topographic Survey
10 08-Mar-23
21-Mar-23
A1130 Geotechnical Boring Plan/Permit
10 22-Mar-23
04-Apr-23
A1140 Geotechnical Investigations
5 05-Apr-23
11-Apr-23
A1150 Geotechnical & Pavement Design Report
15 12-Apr-23
02-May-23
A1160 Identify Existing / New ROW & Esmts
10 22-Mar-23
04-Apr-23
A1170 Prepare 15% Geometric / ROW Roll Plot
30 22-Mar-23
02-May-23
A1180 15% Submittal
1 03-May-23 03-May-23
A1190 15% City Review
20 04-May-23 31-May-23
A1310 Order Title Reports
5 05-Jun-23
09-Jun-23
A1320 Identify Potential Utility Conflicts
15 08-Jun-23
28-Jun-23
A1360 Update ROW & Prepare Draft ROW LD&E
10 26-Jun-23
07-Jul-23
A1510 Utility Kickoff Meeting
1 10-Jul-23
10-Jul-23
A1520 Identify Utilitiy Relocations
5 06-Jul-23
12-Jul-23
A1530 Draft Drainage Report
5 13-Jul-23
19-Jul-23
A1540 Prepare 60% Design
35 01-Jun-23
19-Jul-23
A1550 60% Design Submittal
1 20-Jul-23
20-Jul-23
A1560 60% Stakeholder Review
20 21-Jul-23
17-Aug-23
A1570 60% Comment Resolution Meeting
1 25-Aug-23 25-Aug-23
A1610 City Approval of LD&E
8 10-Jul-23
19-Jul-23
A1620 Revise & Seal ROW LD&E
9 27-Jul-23
08-Aug-23
A1630 City Appraisal Process
45 09-Aug-23 10-Oct-23
A1640 City Acquisition Process (w/o Condemnation)
50 11-Oct-23
19-Dec-23
A1700 Utility Coordination / Design Meetings
25 18-Aug-23 21-Sep-23
A1720 Final Drainage Report
5 15-Sep-23 21-Sep-23
A1910 Prepare 100% Design
25 18-Aug-23 21-Sep-23
A1920 100% Design Submittal
1 22-Sep-23 22-Sep-23
A1930 100% City Review / Approval
20 25-Sep-23 20-Oct-23
A1940 100% Comment Resolution Meeting
1 30-Oct-23
30-Oct-23
A2010 Final Sealed Design
15 31-Oct-23
20-Nov-23
A2020 Bid Advertisement / Award Period
40 19-Dec-23 12-Feb-24
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
2023
2024
Notice to Proceed
Design Kickoff Meeting
Progress / Design Meetings
Data Collection / Design Bluestake
Identify Existing Utilities
Topographic Survey
Geotechnical Boring Plan/Permit
Geotechnical Investigations
Geotechnical & Pavement Design Report
Identify Existing / New ROW & Esmts
Prepare 15% Geometric / ROW Roll Plot
15% Submittal
15% City Review
Order Title Reports
Identify Potential Utility Conflicts
Update ROW & Prepare Draft ROW LD&E
Utility Kickoff Meeting
Identify Utilitiy Relocations
Draft Drainage Report
Prepare 60% Design
60% Design Submittal
60% Stakeholder Review
60% Comment Resolution Meeting
City Approval of LD&E
Revise & Seal ROW LD&E
City Appraisal Process
City Acquisition Process (w/o Condemnation)
Utility Coordination / Design Meetings
Final Drainage Report
Prepare 100% Design
100% Design Submittal
100% City Review / Approval
100% Comment Resolution Meeting
Final Sealed Design
Bid Advertisement / Award Period
City of Chandler
Project No. ST2308
Preliminary Project Design Schedule
Delaware Parking Lot
Exhibit A-3
07-Dec-22 15:44
Primary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Summary
Page 1 of 1
TASK filter: All Activities
© Primavera Systems, Inc.
Note: Schedule assumes 20 working days for the City to review submittals.
Project Name: DELAWARE STREET PARKING LOT
Page B-1
Project No.: ST2308.201
Rev. 11/10/22
EXHIBIT “B”
COMPENSATION AND FEES
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
TASK
TASK DESCRIPTION
SUBS
FEES
Base Contract - NFra Inc.
Task 3.0
Project Schedule
$1,696.00
Task 4.0
Quality Control
$3,318.00
Task 5.0
Preliminary Research
$2,562.00
Task 6.0
Utility / Agency Coordination
$7,946.00
Task 7.0
Geotechnical Investigation
$983.00
Task 8.0
Programming / Preliminary Design (15%)
$25,622.00
Task 9.0
Design Development (60%)
$36,770.00
Task 10.0
Construction Documents (100%)
$11,647.00
Task 11.0
Bid and Award (Sealed Final Documents)
$6,910.00
Base Contract Subtotal (NFra Fee)
$97,454.00
Base Contract - Subconsultants
Task 5.2
Survey Control and Topographic Survey - See Attachment A
CRS
$11,630.00
Task 7.3
Geotechnical Investigations and Report - See Attachment B
N & M
$7,900.00
Task 9.2 / 10.2
Landscaping and Drainage Design - See Attachment C
J2
$29,819.00
Task 9.3 / 10.3
Lighting Design - See Attachment D
Wright
$5,050.00
Base Contract Subtotal (Subconsultant Fee)
$54,399.00
Total Base Contract Fee
$151,853.00
Owners Allowance - NFra Inc.
Task 12.1
Security Components Around Site
$18,800.00
Task 12.2
UPRR Coordination
$3,618.00
Task 12.3
UPRR Legal Description and Exhibit (LD&E)
$562.00
Task 12.4
Reimburseable Expenses
$4,000.00
Task 12.5
Other Miscellaneous Unidentified Items
$15,300.00
Owners Allowance Subtotal (NFra Fee)
$42,280.00
Owners Allowance - Subconsultants
Task 12.3.1
Legal Description and Exhibit - See Attachment A
CRS
$660.00
Owners Allowance Subtotal (Subconsultant Fee)
$660.00
Total Owners Allowance Fee
$42,940.00
TOTAL CONTRACT FEE
$194,793.00
DELAWARE PARKING LOT FEE SUMMARY
EXHIBIT "B-1"
Fee Summary by Task
Exhibit B‐1
1 of 6
Design Fee Summary
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
$1,696.00
3.1 Production Schedule
848.00
$
3.2 Update Production Schedule
848.00
$
$3,318.00
4.1 Quality Control Plan
1,198.00
$
4.2 Quality Control Reviews at Each Submittal
2,120.00
$
$2,562.00
5.1a - 5.1g Perform Document Search and Research
2,000.00
$
5.1h Survey Coordination
562.00
$
$7,946.00
6.1 Coordination with Utilities (PIPG)
1,158.00
$
6.2 Identify Utility Conflicts
350.00
$
6.3 Coordinate Design and Installation of Utilities
1,404.00
$
6.6 Utility Submittals
1,702.00
$
6.7 Utility Meetings
1,508.00
$
6.8 Finalize and Review Utility Plans
912.00
$
6.9 Construction Documents Coordination
912.00
$
$983.00
7.1 Soil and Pavement Borings Coordination
387.00
$
7.2 Incorporate Geotech Requirements into Bid Documents
596.00
$
25,622.00
$
8.1 Project Coordination with City
774.00
$
8.2 Develop Site Plan
1,616.00
$
8.3 City Meetings to Discuss Progress
2,248.00
$
8.4 Prepare Estimate and Define Site Requirements
2,070.00
$
8.5 Prepare Preliminary Design Documents
14,982.00
$
8.6 Preliminary Design Submittal
774.00
$
8.7 Address Comments and Update Design Documents
3,158.00
$
$36,770.00
9.1a Design Coordination Meetings
2,248.00
$
9.1b Prepare Technical Specifications
3,648.00
$
9.1c Prepare 60% Design Plans and Cross Sections
24,520.00
$
9.1e City Constructability Review Checklist
562.00
$
9.1f Value Engineering
562.00
$
9.1g Prepare Construction Cost Estimate
912.00
$
9.1h Full Document Review Between Consultants and City
1,474.00
$
9.1i 60% Design Document Submittal
1,124.00
$
9.1j Address 60% Comments & Hold Resolution Meetings
1,720.00
$
EXHIBIT "B-1"
TASK DESCRIPTION
Lump Sum Cost Per Task
Task 5.0 Preliminary Research
Task 1.0 Project Description & Scope of Construction
SUBTOTAL
Task 8.0 Programming / Preliminary Design (15%)
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 9.0 Design Development (60%)
Task 4.0 Quality Control
Task 3.0 Project Schedule
Task 2.0 Assignment
Page 2 of 6
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
EXHIBIT "B-1"
TASK DESCRIPTION
Lump Sum Cost Per Task
SUBTOTAL
$11,647.00
10.1a Prepare 100% Design Plans
7,440.00
$
10.1b Provide City AutoCAD Files
350.00
$
10.1c Full Document Review Between Consultants and City
700.00
$
10.1e Prepare Construction Cost Estimate
737.00
$
10.1g 100% Design Document Submittal
562.00
$
10.1h Address 100% Comments & Hold Resolution Meeting
1,858.00
$
$6,910.00
11.1 Submit PDF Documents to Development Services
562.00
$
11.2 Address 100% Comments and Seal PDF Documents
3,262.00
$
11.3 Assist City in Preparation of Bid Form
562.00
$
11.4 Attend Pre-Bid Conference
700.00
$
11.5 Evaluate Substitutions or Equals with Recommendation
912.00
$
11.6 Prepare Addenda
912.00
$
$42,280.00
12.1 Security Components Around Site
18,800.00
$
12.2 UPRR Coordination
3,618.00
$
12.3 UPRR Legal Description and Exhibit (LD&E)
562.00
$
12.4 Reimburseable Expenses
4,000.00
$
12.5 Other Miscellaneous Unidentified Items
15,300.00
$
54,399.00
$
Task 5.0
Preliminary Research (Consultant Registrered Surveying)
5.2 Survey Control and Topographic Survey - See Attachment A
11,630.00
$
Task 7.0
Geotechnical Investigations (Ninyo & Moore)
7.3 Geotechnical Investigations and Report - See Attachment B
7,900.00
$
Task 9.0
Design Development (J2 Engineering & Environmental Design)
Task 10.0
Construction Documents (J2 Engineering & Environmental Design)
9.2 / 10.2 Landscaping and Drainage Design - See Attachment C
29,819.00
$
Task 9.0
Design Development (Wright Engineering)
Task 10.0
Construction Documents (Wright Engineering)
9.3 / 10.3 Lighting Design - See Attachment D
5,050.00
$
660.00
$
Task 12.0
Owners Allowances (Consultant Registered Surveying)
12.3.1 Legal Description and Exhibit - See Attachment A
660.00
$
TOTAL FEE
$194,793.00
Subconsultant Tasks (Owners Allowances)
Subconsultant Tasks
Task 12.0 Owners Allowances
Task 10.0 Construction Documents (100%)
Task 11.0 Bid and Award (Sealed Final Documents)
Page 3 of 6
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Project
Manager
Senior
Engineer
Designer /
Technician
$ 212.00 $ 175.00 $ 123.00
8
0
0
8
3.1 Production Schedule
4
0
0
4
3.2 Update Production Schedule
4
0
0
4
14
2
0
16
4.1 Quality Control Plan
4
2
0
6
4.2 Quality Control Reviews at Each Submittal
10
0
0
10
2
8
6
16
5.1a - 5.1g Perform Document Search and Research
1
6
6
13
5.1h Survey Coordination
1
2
0
3
5.2 Subconsultant - Survey - CRS
6
29
13
48
6.1 Coordination with Utilities (PIPG)
1
4
2
7
6.2 Identify Utility Conflicts
0
2
0
2
6.3 Coordinate Design and Installation of Utilities
1
4
4
9
6.6 Utility Submittals
1
5
5
11
6.7 Utility Meetings
1
6
2
9
6.8 Finalize and Review Utility Plans
1
4
0
5
6.9 Construction Documents Coordination
1
4
0
5
1
3
2
6
7.1 Soil and Pavement Borings Coordination
1
1
0
2
7.2 Incorporate Geotech Requirements into Bid Documents
0
2
2
4
7.3 Subconsultant - Geotechnical - Ninyo & Moore
18
74
72
164
8.1 Project Coordination with City
2
2
0
4
8.2 Develop Site Plan
2
4
4
10
8.3 City Meetings to Discuss Progress
4
8
0
12
8.4 Prepare Estimate and Define Site Requirements
2
8
2
12
8.5 Prepare Preliminary Design Documents
4
40
58
102
8.6 Preliminary Design Submittal
2
2
0
4
8.7 Address Comments and Update Design Documents
2
10
8
20
29
130
64
223
9.1a Design Coordination Meetings
4
8
0
12
9.1b Prepare Technical Specifications
4
16
0
20
9.1c Prepare 60% Design Plans and Cross Sections
12
82
62
156
9.1e City Constructability Review Checklist
1
2
0
3
9.1f Value Engineering
1
2
0
3
9.1g Prepare Construction Cost Estimate
1
4
0
5
9.1h Full Document Review Between Consultants and City
2
6
0
8
9.1i 60% Design Document Submittal
2
4
0
6
9.1j Address 60% Comments & Hold Resolution Meetings
2
6
2
10
9.2 Subconsultant - Landscaping and Drainage - J2
9.3 Subconsultant - Lighting - Wright Engineering
Task 8.0 Programming / Preliminary Design (15%)
Task 9.0 Design Development (60%)
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B‐2"
< PROJECT ROLE
< HOURLY RATES
TOTAL HOURS
PER TASK
Hours and Rates
TASK DESCRIPTION
Task 3.0 Project Schedule
Task 4.0 Quality Control
Task 6.0 Utility/Agency Coordination
Task 7.0 Geotechnical Investigation
Task 2.0 Assignment
Task 5.0 Preliminary Research
4 of 6
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Project
Manager
Senior
Engineer
Designer /
Technician
$ 212.00 $ 175.00 $ 123.00
EXHIBIT "B‐2"
< PROJECT ROLE
< HOURLY RATES
TOTAL HOURS
PER TASK
Hours and Rates
TASK DESCRIPTION
9
43
18
70
10.1a Prepare 100% Design Plans
6
24
16
46
10.1b Provide City AutoCAD Files
0
2
0
2
10.1c Full Document Review Between Consultants and City
0
4
0
4
10.1e Prepare Construction Cost Estimate
1
3
0
4
10.1g 100% Design Document Submittal
1
2
0
3
10.1h Address 100% Comments & Hold Resolution Meeting
1
8
2
11
10.2 Subconsultant - Landscaping and Drainage - J2
10.3 Subconsultant - Lighting - Wright Engineering
6
28
6
40
11.1 Submit PDF Documents to Development Services
1
2
0
3
11.2 Address 100% Comments and Seal PDF Documents
2
12
6
20
11.3 Assist City in Preparation of Bid Form
1
2
0
3
11.4 Attend Pre-Bid Conference
0
4
0
4
11.5 Evaluate Substitutions or Equals with Recommendation
1
4
0
5
11.6 Prepare Addenda
1
4
0
5
45
108
80
233
12.1 Security Components Around Site
8
64
48
120
12.2 UPRR Coordination
6
12
2
20
12.3 UPRR Legal Description and Exhibit (LD&E)
1
2
0
3
12.3.1 Subconsultant - LD&E - CRS
12.4 Reimburseable Expenses
0
0
0
0
12.5 Other Miscellaneous Unidentified Items
30
30
30
90
138
425
261
824
Team Member / Title
Project
Manager
Senior
Engineer
Designer /
Technician
Randy Weyrauch
X
Kevin Thomas
X
Yogesh Patel
X
Ajay Mothukuri
X
Teddy Valentin
X
Totals
Task 12.0 Owners Allowances
Task 11.0 Bid and Award (Sealed Final Documents)
Task 10.0 Construction Documents (100%)
5 of 6
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Delaware Parking Lot
SUBCONSULTANT TASKS
Subs Fee
Task 5.0
Preliminary Research (Consultant Registrered Surveying)
$11,630.00
5.2 Survey Control and Topographic Survey ‐ See Attachment A
$11,630.00
Task 7.0
Geotechnical Investigations (Ninyo & Moore)
$7,900.00
7.3 Geotechnical Investigations and Report ‐ See Attachment B
$7,900.00
Task 9.0
Design Development (J2 Engineering & Environmental Design)
Task 10.0
Construction Documents (J2 Engineering & Environmental Design)
9.2 / 10.2 Landscaping and Drainage Design ‐ See Attachment C
$29,819.00
Task 9.0
Design Development (Wright Engineering)
Task 10.0
Construction Documents (Wright Engineering)
9.3 / 10.3 Lighting Design ‐ See Attachment D
$5,050.00
SUBCONSULTANT TASKS (OWNERS ALLOWANCES)
Task 12.0
Owners Allowances (Consultant Registered Surveying)
$660.00
12.3.1 Legal Description and Exhibit ‐ See Attachment A
$660.00
TOTAL SUBCONSULTANT FEES
$55,059.00
$29,819.00
$5,050.00
EXHIBIT "B‐3"
Detail of Subconsultants Design Fee
6 of 6
ATTACHMENT A
Randy Weyrauch
Vice President
ATTACHMENT A
3202 East Harbour Drive | Phoenix, Arizona 85034 | p. 602.243.1600 | www.ninyoandmoore.com
December 7, 2022
Proposal No. 12PHX02-04943
Mr. Randy Weyrauch, PE
NFra, Inc.
77 East Thomas Road, Suite 200
Phoenix, Arizona 85012
Subject:
Proposal to Provide Geotechnical Engineering Services
Delaware Street Parking Lot Improvements
101 North Delaware Street
Chandler, Arizona
Dear Mr. Weyrauch:
Ninyo & Moore is pleased to submit this proposal to provide geotechnical engineering services for
the above-mentioned project. This proposal is based on the information that we received from your
office. It outlines our scope of services, project assumptions, anticipated schedule, and
estimated fee for this phase of work.
SITE/PROJECT DESCRIPTION
The site is located at 101 North Delaware Street in Chandler, Arizona. The project consists of the
design and construction of new parking lot pavement improvements, as well as drainage pipes
associated with new basins.
SCOPE OF SERVICES
The scope of services we will perform for the project are summarized below:
x
Review available published and in-house geotechnical reports, topographic information, soil
surveys, geologic literature, and aerial photographs of the project area.
x
Obtain City of Chandler permission to conduct the field work.
x
Conduct a field trip to the site for geologic reconnaissance.
x
Conduct a site visit to select and mark out the proposed exploration locations.
x
Contact Arizona 811 to evaluate underground utility locations prior to drilling.
ATTACHMENT B
Ninyo & Moore | 101 North Delaware Street, Chandler, Arizona | 12PHX02-04943 | December 7, 2022
2
x
Perform a geotechnical exploration consisting of drilling, logging, and sampling two exploratory
borings to depths up to 10 feet below ground surface. The borings will be logged by a Ninyo &
Moore employee and advanced with a truck-mounted drill rig using hollow-stem augers
(HSAs).
x
Collect soil samples in the borings for laboratory testing and analysis. Ninyo & Moore
personnel will log the borings in general accordance with the Unified Soil Classification System
and ASTM D2488 by observing cuttings and split-spoon samples. Bulk samples will also be
placed in large plastic bags. The soil samples will be transported to a Ninyo & Moore laboratory
for testing.
x
Perform laboratory testing that will evaluate the on-site soil’s index, strength and chemical
characteristics.
x
Prepare a geotechnical report for the project alignments that will include logs of the exploratory
borings and results of the laboratory testing. The report will include a cover letter sealed by a
Professional Engineer licensed in the State of Arizona. The report will include the following:
o Site vicinity map and boring location map;
o Description of work scope, laboratory, and field procedures;
o Encountered subsurface soil and groundwater conditions;
o Geologic hazards;
o Excavation characteristics of on-site soils;
o Bedding;
o Backfilling;
o Earthwork factors;
o Potential for re-use of on-site soils;
o Pavement rehabilitation alternatives;
o New pavement structural sections; and
o Discussion of soil corrosivity to steel and concrete.
ASSUMPTIONS
We have made the following assumptions in the preparation of this proposal:
x
No traffic control services will be needed during our field work activities.
x
The field work will be performed during daytime hours.
x
No asphalt concrete coring is needed.
x
The work can be accomplished using HSA operating at a normal rate of penetration.
ATTACHMENT B
Ninyo & Moore | 101 North Delaware Street, Chandler, Arizona | 12PHX02-04943 | December 7, 2022
3
x
If auger refusal is encountered, we will terminate the drilling and notify your office.
x
Ninyo & Moore will not need to obtain any environmental clearance as a part of this project.
SCHEDULE
We are prepared to initiate this project immediately and could begin the field work within about
three weeks after received right-of-entry permission and the fieldwork should be finished within
one day. We anticipate issuing our report within about five weeks after the field work is finished.
Preliminary geotechnical recommendations can be provided about one week after the field work is
done.
ESTIMATED FEE
We propose to perform the work scope described above for an estimated fee of $7,900
(Seven Thousand Nine Hundred Dollars). This estimated fee is based on the scope of services
presented above and our understanding of the project. We will notify you if any additional services
or charges are appropriate. To authorize our services, please sign and return the attached
Work Authorization and Agreement.
We look forward to working with you.
Respectfully submitted,
NINYO & MOORE
Steven D. Nowaczyk, PE
Managing Principal Engineer
SDN/hmf
Attachment:
Work Authorization and Agreement
ATTACHMENT B
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
ATTACHMENT C
and
and
ATTACHMENT C
15%
and
and
B22-0835
ELECTRICAL ENGINEERING & LIGHTING DESIGN
165 EAST CHILTON y CHANDLER, ARIZONA 85225 OFFICE: 480-497-5829 FAX: 480-497-5807
www.wrightengineering.us
December 7, 2022
NFra, Inc.
77 E. Thomas Road
Suite 200
Phoenix, Arizona 85012
Re:
ST2308 COC Delaware Parking Lot Lighting Design
Attn: Randy Weyrauch, P.E.
Dear Randy,
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:
Parking Lot Lighting & Electrical Design Scope of Services:
1.
Coordinate design with owner, and landscape architect as required.
a.
Project coordination will be performed via email and telephone calls,
no in-person meetings are included in this scope.
2.
Design the electrical power system to meet local codes and requirements.
3.
Prepare photometrics for site lighting per City of Chandler requirements.
4.
Prepare 24” X 36” electrical construction drawings including an overall site
plan showing all new equipment for an approx. 120 stall parking lot to
include the following in one plan set:
a.
SES
b.
Control Equipment
c.
Pole Mounted Lighting
d.
Power to Irrigation Controller
5.
Prepare necessary elevation view and installation details of the equipment
listed above to help determine layout and size.
6.
Prepare load calculations and single line diagram.
7.
Prepare panel schedule and other electrical installation details as required.
8.
Prepare a conduit and wire table showing all power conduits and wire for
equipment listed above.
9.
Prepare system fault current and voltage drop calculations as required.
10. Perform in-house QAQC review and modifications.
11. 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.
12. Up to one set of base drawing changes or updates will be included in this
engineering cost proposal. Incorporating any additional base drawing
ATTACHMENT D
ST2308 COC Delaware Parking Lot
Lighting Design
Page 2 of 5
December 7, 2022
changes will incur additional cost at the rates noted under additional
services.
13. Municipal review comments will be responded to and addressed.
14. Allowance: Prepare structural calculations for one pole foundation type.
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.
Designation of electrical service for the meter pedestal 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:
Parking Lot Lighting & Electrical Design Services: $4,550 (Lump Sum)
Allowance: Structural Calculations: $500 (Lump Sum)
Note: Any engineering or services fees requested to be paid by credit card will be
charged an additional 4.25% for processing.
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
$180/hour
Designer
$115/hour
Senior Engineer
$160/hour
Draftsman
$105/hour
Engineer
$135/hour
Secretary
$65/hour
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.
ATTACHMENT D
ST2308 COC Delaware Parking Lot
Lighting Design
Page 3 of 5
December 7, 2022
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,
Aaron Kutchinsky, P.E.
Wright Engineering Corporation
I have received and read Appendix ‘A’ and agree to all terms and conditions as
outlined in Appendix ‘A’ and this proposal. By signing, the proposal becomes the
agreement and is executed.
Accepted this day of 2022
__________________________________
(Company Name)
__________________________________
(Signature)
__________________________________
(Print or Type Name)
__________________________________
(Title)
Client Billing Information:
Contract/AP Contact Name: _________________________________________
Address: ________________________________________________________
Business Phone: _________________ Mobile Phone: ____________________
Email:___________________________________________________________
It is our desire to keep communication flowing freely. To contact us for contract
information or accounts payable information, please email Cami Penrod at
cpenrod@wrightengineering.us or call us at 480-497-5829.
The Client agrees that the
technical methods, techniques,
and
pricing
information
contained
in
any
proposal
submitted
by
Wright
Engineering pertaining to this
project or in this Agreement or
any addendum thereto, are to be
considered
confidential
and
proprietary, and shall not be
released or otherwise made
available to any third party
without the express written
consent of Wright Engineering.
ATTACHMENT D
7th
December
NFra Inc.
Randal Weyrauch
Vice President
Randal Weyrauch
77 E. Thomas Road, Suite 200, Phoenix, AZ 85012
602-443-6066
602-703-3293
rweyrauch@nfrainc.us
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR
ADDL SUBR
LTR
INSD WVD
PRODUCER
CONTACT
NAME:
FAX
PHONE
(A/C, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF
POLICY EXP
TYPE OF INSURANCE
LIMITS
(MM/DD/YYYY)
(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE
$
DAMAGE TO RENTED
CLAIMS-MADE
OCCUR
$
PREMISES (Ea occurrence)
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
PRO-
POLICY
LOC
PRODUCTS - COMP/OP AGG
JECT
OTHER:
$
COMBINED SINGLE LIMIT
$
(Ea accident)
ANY AUTO
BODILY INJURY (Per person)
$
OWNED
SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY
AUTOS
HIRED
NON-OWNED
PROPERTY DAMAGE
$
AUTOS ONLY
AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE
CLAIMS-MADE
AGGREGATE
$
DED
RETENTION $
PER
OTH-
STATUTE
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE
NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE
EXPIRATION
DATE
THEREOF,
NOTICE
WILL
BE
DELIVERED
IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
CERTIFICATE HOLDER
CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
NFRAI-1
OP ID: TA
11/29/2022
Teresa Alvarado
Stuckey Ins & Assoc Agencies
2850 E Camelback Rd, Suite 325
Phoenix, AZ 85016
Mary Lodwick
602-264-5533
602-279-9336
teresa.alvarado@stuckeyinsurance.com
Hartford Casualty Insurance Co
Twin City Fire Ins Co
NFra Inc
77 E Thomas Rd. #200
Phoenix, AZ 85012
Hartford Fire Ins Co
A
X
2,000,000
X
X
84SBWBV6109
09/01/2022 09/01/2023
300,000
10,000
2,000,000
4,000,000
X
4,000,000
2,000,000
A
84SBWBV6109
09/01/2022 09/01/2023
X
X
X
X
1,000,000
A
84SBWBV6109
09/01/2022 09/01/2023
1,000,000
10000
X
X
B
84WEGNQ7012
09/01/2022 09/01/2023
1,000,000
N
1,000,000
1,000,000
C
59OH0394142-22
09/01/2022 09/01/2023 Per Claim
2,000,000
Aggregate
2,000,000
Professional Liability - Claims Made - Retro date Full prior acts
Re: ST2308; Delaware Parking Lot
City of Chandler is named as additional insureds as respects to general
liability.
CZCHA-1
City of Chandler
215 E Buffalo St
Chandler, AZ 85225
602-264-5533
29424
29459
19682
Professional Liab
Project Name: DELAWARE STREET PARKING LOT
Page C-1
Project No.: ST2308.201
Rev. 11/10/22
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: DELAWARE STREET PARKING LOT
Page C-2
Project No.: ST2308.201
Rev. 11/10/22
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: DELAWARE STREET PARKING LOT
Page C-3
Project No.: ST2308.201
Rev. 11/10/22
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: DELAWARE STREET PARKING LOT
Page AFF-1
Project No.: ST2308.201
Rev. 11/10/22
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.
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.
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.