Agreement

City of Chandler — Regular Meeting (2023-05-11)

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
PROFESSIONAL SERVICES AGREEMENT 
Design Services 
GAZELLE MEADOWS PARK RENOVATIONS 
Project No. PR2107.203 
Council Date: May 11, 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 Dig Studio, Inc., a Colorado 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 GAZELLE MEADOWS PARK
RENOVATIONS  project as more fully described in Exhibit "A", which is attached to and made
a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to 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.

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
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 240 
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 
$201,564 
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:

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
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: Vivianna Barrientes, Project Manager 
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008 
Phone: 480-782-3314               Email: Vivianna.barrientes@chandleraz.gov 
To Consultant: 
LEGAL COMPANY NAME: Dig Studio, Inc. 
Mailing Address:  1521 15th Street   Denver, CO 80202 
Physical Address:   3003 N. Central Ave., Suite 800 Phoenix, AZ 85012 
Statutory Agent Name: Laurel S. Raines 
Statutory Agent Mailing Address: 
1521 15th Street   Denver, CO 80202 
Statutory Agent Physical Address: 1521 15th Street   Denver, CO 80202 
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE  
Name: 
Jay Hicks 
Title: 
Sr. Principal 
Phone:  602-363-1890 
Email: 
jay@digstudio.com 
 
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses 
pertaining to this Agreement and records of accounts between City and Consultant must be 
kept on the basis of generally accepted accounting principles and must be made available to 
City and its auditors for up to three years following City’s final acceptance of the services 
under this Agreement (this requirement is increased to five years if construction of this 
project is federally funded). City, its authorized representative, or any federal agency, 
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of 
all cost and pricing data, including data used to negotiate this Agreement and any 
amendments. City reserves the right to decrease the total amount of Agreement price or 
payments made under this Agreement or request reimbursement from Consultant following 
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit 
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data. 
Consultant will include a similar provision in all of its Agreements with subconsultants who 
provide services under the Agreement to ensure that City, its authorized representative, or 
the appropriate federal agency, has access to the subconsultants’ records to verify the

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
accuracy of all cost and pricing data. City reserves the right to decrease Agreement price or 
payments made on this Agreement or request reimbursement from Consultant following 
final payment on this Agreement if the above provision is not included in subconsultant 
agreements, and one or more subconsultants refuse to allow City to audit their records to 
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of 
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate 
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, 
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit. 
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results 
in a substantial change in this Agreement, thereby materially increasing or decreasing the 
scope of services, cost of performance, or Project schedule, the work will be performed as 
directed by City. However, before any modified work is started, a written amendment must 
be approved and executed by City and Consultant. Such amendment must not be effective 
until approved by City. Additions to, modifications, or deletions from this Agreement as 
provided herein may be made, and the compensation to be paid to Consultant may 
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and 
agreed that no claim for extra services or materials furnished by Consultant will be allowed 
by City except as provided herein, nor must Consultant do any work or furnish any materials 
not covered by this Agreement unless such work is first authorized in writing. Any such work 
or materials furnished by Consultant without prior written authorization will be at 
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written 
authorization Consultant will make no claim for compensation for such work or materials 
furnished. 
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants 
contained herein, except that City reserves the right, at its discretion and without cause, to 
terminate or abandon any service provided for in this Agreement, or abandon any portion of 
the Project for which services have been performed by Consultant. In the event City abandons 
or suspends the services, or any part of the services as provided in this Agreement, City will 
notify Consultant in writing and immediately after receiving such notice, Consultant must 
discontinue advancing the work specified under this Agreement. Upon such termination, 
abandonment, or suspension, Consultant must deliver to City all drawings, plans, 
specifications, special provisions, estimates and other work entirely or partially completed, 
together with all unused materials supplied by City. Consultant must appraise the work 
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may 
inspect Consultant’s work to appraise the work completed. Consultant will receive 
compensation in full for services performed to the date of such termination. The fee will be 
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by 
Consultant and City. If there is no mutual agreement on payment, the final determination will 
be made in accordance with the "Disputes" provision in this Agreement. However, in no event 
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in 
accordance with Section "Alteration in Character of Work." City will make the final payment 
within 60 days after Consultant has delivered the last of the partially completed items and 
the Parties agree on the final fee. If City is found to have improperly terminated the 
Agreement for cause or default, the termination will be converted to a termination for 
convenience in accordance with the provisions of this Agreement.

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
 
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.

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
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 
for approval the names of consultants or subconsultants to be used under this Agreement.

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
Any subsequent changes are subject to City’s written prior approval. 
 
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act 
required under this Agreement by reason of acts of God or other cause beyond the control 
and without fault of the Party (financial inability excepted), performance of that act may be 
excused, but only for the period of the delay, if the Party provides written notice to the other 
Party within ten days of such act. The time for performance of the act may be extended for a 
period equivalent to the period of delay from the date written notice is received by the other 
Party. 
 
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the 
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act 
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these 
laws in performing this Agreement and to permit City to verify such compliance. 
 
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant 
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a 
boycott of Israel as defined by state statute. 
 
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding an Agreement 
to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A). 
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their 
compliance with all federal immigration laws and regulations that relate to their employees 
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a 
material breach of the Agreement and may be subject to penalties up to and including 
termination of the Agreement. City retains the legal right to inspect the papers of any 
Consultant’s or subconsultant’s employee who provides services under this Agreement to 
ensure that Consultant and subconsultants comply with the warranty under this provision. 
 
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding an 
Agreement to any natural person who cannot establish that such person is lawfully present 
in the United States. To establish lawful presence, a person must produce qualifying 
identification and sign a City-provided affidavit affirming that the identification provided is 
genuine. This requirement will be imposed at the time of Agreement award. This requirement 
does not apply to business organizations such as corporations, partnerships, or limited 
liability companies. 
 
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been 
employed or retained to solicit or secure this Agreement upon an agreement or 
understanding for a commission, percentage, brokerage, or contingent fee, and that no 
member of the Chandler City Council, or any City employee has any interest, financially, or 
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this 
Agreement without liability or, at its discretion, to deduct from the Agreement price or 
consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 
 
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this 
Agreement or to require performance of the other Party of any of the provisions hereof must

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
not be construed to be a waiver of such provisions, nor must it affect the validity of this 
Agreement or any part thereof, or the right of either Party to thereafter enforce each and 
every provision. 
 
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential 
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section, 
of any work or services performed by Consultant for third parties that may involve or be 
associated with any real property or personal property owned or leased by City. Such notice 
must be given 7 business days prior to commencement of the services by Consultant for a 
third party, or 7 business days prior to an adverse action as defined below. Written notice 
and disclosure must be sent in accordance with Section 6.7 above.  An adverse action under 
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement 
acquired in connection with this Agreement to assist a third party in pursuing administrative 
or judicial action against City; or (b) testifying or providing evidence on behalf of any person 
in connection with an administrative or judicial action against City; or (c) using data to produce 
income for Consultant or its employees independently of performing the services under this 
Agreement, without the prior written consent of City. Consultant represents that except for 
those persons, entities, and projects identified to City, the services performed by Consultant 
under this Agreement are not expected to create an interest with any person, entity, or third 
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a 
written notice and disclosure of the information as set forth in this Section constitute a 
material breach of this Agreement. 
 
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all 
information, whether written or verbal, including plans, photographs, studies, investigations, 
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field 
notes, work product, proposals, correspondence and any other similar documents or 
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in 
the performance of this Agreement. The Parties agree that all data, regardless of form, 
including originals, images, and reproductions, prepared by, obtained by, or transmitted to 
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s 
performance of this Agreement is confidential and proprietary information belonging to City. 
Except as specifically provided in this Agreement, Consultant or its subconsultants must not 
divulge data to any third party without City’s prior written consent. Consultant or its 
subconsultants must not use the data for any purposes except to perform the services 
required under this Agreement. These prohibitions do not apply to the following data 
provided to Consultant or its subconsultants have first given the required notice to City: (a) 
data which was known to Consultant or its subconsultants prior to its performance under this 
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its 
subconsultants’ knowledge and belief, had the legal right to make such disclosure and 
Consultant or its subconsultants are not otherwise required to hold such data in confidence; 
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to 
which Consultant or its subconsultants are subject. In the event Consultant or its 
subconsultants are required or requested to disclose data to a third party, or any other 
information to which Consultant or its subconsultants became privy as a result of any other 
Agreement with City, Consultant must first notify City as set forth in this Section of the request 
or demand for the data. Consultant or its subconsultants must give City sufficient facts so

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
that City can be given an opportunity to first give its consent or take such action that City may 
deem appropriate to protect such data or other information from disclosure. All data must 
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its 
subconsultants assume all liability to maintain the confidentiality of the data in its possession 
and agrees to compensate City if any of the provisions of this Section are violated by 
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking 
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable 
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this 
Section must be incorporated into all subagreements entered into by Consultant. A violation 
of this Section may result in immediate termination of this Agreement without notice. 
5.26 Personal Identifying Information-Data Security. Personal identifying information, 
financial account information, or restricted City information, whether electronic format or 
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At 
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic 
files. This includes data saved to laptop computers, computerized devices, or removable 
storage devices. When personal identifying information, financial account information, or 
restricted City information, regardless of its format, is no longer necessary, the information 
must be redacted or destroyed through appropriate and secure methods that ensure the 
information cannot be viewed, accessed, or reconstructed. In the event that data collected or 
obtained by Consultant or its subconsultants in connection with this Agreement is believed 
to have been compromised, Consultant or its subconsultants must immediately notify City 
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate 
potential breaches of this data and, where applicable, the cost of notifying individuals who 
may be impacted by the breach. Consultant agrees that the requirements of this Section must 
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a 
violation of this Section must be deemed to cause irreparable harm that justifies injunctive 
relief in court. A violation of this Section may result in immediate termination of this 
Agreement without notice. The obligations of Consultant or its subconsultants under this 
Section must survive the termination of this Agreement. 
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in 
accordance with and governed by the laws of the State of Arizona without regard to the 
conflicts or choice of law provisions thereof. Any action to enforce any provision of this 
Agreement or to obtain any remedy with respect hereto must be brought in the courts 
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and 
irrevocably consents to the jurisdiction and venue of such court. 
5.28 Survival. All warranties, representations, and indemnifications by Consultant must 
survive the completion or termination of this Agreement. 
5.29 Modification. Except as expressly provided herein to the contrary, no supplement, 
modification, or amendment of any term of this Agreement will be deemed binding or 
effective unless in writing and signed by the Parties.  
5.30 Severability. If any provision of this Agreement or the application to any person or 
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
Agreement and the application will not be affected and will be enforceable to the fullest 
extent permitted by law. 
 
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or 
contemporaneous written or oral agreement between the Parties regarding the subject 
matter is merged and superseded. 
 
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this 
Agreement is hereby expressly made of the essence. 
 
5.33 Date of Performance. If the date of performance of any obligation or the last day of any 
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation 
will be due and owing, and the time period will expire, on the first day after which is not a 
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this 
Agreement, any performance provided for herein will be timely made if completed no later 
than 5:00 p.m. (Chandler time) on the day of performance. 
 
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any 
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties 
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive 
benefit of City and Consultant and not for the benefit of any other party. 
 
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler 
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in 
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions 
in this Agreement prevail. 
 
5.36 Document/Information Release. Documents and materials released to Consultant, 
which are identified by City as sensitive and confidential, are City’s property. The 
document/material must be issued by and returned to City upon completion of the services 
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication 
in any manner is prohibited without City’s prior written approval. The document/material 
must be kept secure at all times. This directive applies to all City documents, whether in 
photographic, printed, or electronic data format.  
 
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated 
by reference: 
 
  
 
 
Exhibit A - Scope of Services / Schedule 
Exhibit B - Compensation and Fees 
Exhibit C - Insurance Requirements 
Exhibit D - Special Conditions 
Exhibit E – Federal Requirements (if applicable)  
 
5.38 Special Conditions. As part of the services Consultant provides under this Agreement, 
Consultant agrees to comply with and fully perform the special terms and conditions set forth 
in Exhibit “D”, which is attached to and made a part of this Agreement.

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Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
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5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all 
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and 
regulations. 
 
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this 
Agreement, Consultant must maintain all applicable City, state, and federal licenses and 
permits required to fully perform Consultant’s services under this Agreement. 
 
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services 
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant, 
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or 
materials that do not comply with this Agreement must be corrected by Consultant (including, 
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written 
warranties and redlines for as-built conditions must be delivered to City on or before City’s 
final acceptance of Consultant’s services under this Agreement.  
 
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume 
Expenditures).  In addition to City of Chandler and with the approval of Consultant, this 
Agreement may be extended for use by other municipalities, school districts, and government 
agencies of the State.  Any such usage by other entities must be in accordance with the 
ordinance, charter, or procurement rules and regulations of the respective political entity.   
 
5.43 Budget Approval into Next Fiscal Year.  This Agreement will commence on the Effective 
Date and continue in full force and effect until it is terminated or expires in accordance with 
the provisions of this Agreement.  The Parties recognize that the continuation of this 
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is 
subject to the City Council's approval of a budget that includes an appropriation for this item 
as an expenditure.  The City does not represent that this budget item will be actually adopted. 
This determination is solely made by the City Council. 
 
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.

12 
Project Name: Gazelle Meadows Park Renovations 
Project No.: PR2107.203 
Rev. 11/10/22 
This Agreement will be in full force and effect only when it has been approved and executed 
by the duly authorized City officials. 
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. 
“CITY” CITY OF CHANDLER 
MAYOR 
RECOMMENDED BY: 
Kimberly Moon, P.E. 
CIP City Engineer   
APPROVED AS TO FORM: 
City Attorney 
ATTEST: 
 City Clerk 
 Seal 
“CONSULTANT” 
Dig Studio, Inc. 
Signature 
 Date 
Print Name 
Title 
Signer Email Address 
04/12/2023
Jay Hicks
Sr. Principal
jay@digstudio.com

Project Name: GAZELLE MEADOWS PARK RENOVATIONS 
Page A-1  
Project No.: PR2107.203 
Rev. 11/10/22 
 
 
EXHIBIT “A” 
SCOPE OF SERVICES/SCHEDULE

City of Chandler Gazelle Meadows Park  
 
EXHIBIT “A” 
SCOPE OF SERVICES/SCHEDULE 
 
 
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION: 
 
1.1 
Consultant will provide services for the conceptual design for the re-development 
of Gazelle Meadows located at E. Eerie St. and N. Exeter St., Chandler, Arizona, all 
as more specifically described herein below.  
 
1.2 
The facility design may include, but not be limited to, Play Structures, Multi-use 
Turf, Court Games, Ramadas, Parking, Walking Paths and other associated 
functions. The exterior improvements may include: A more detailed description 
of City’s concept is included herein as part of Exhibit A. 
 
1.3 
The project design, construction, furnishing and equipping budget is $3.9M 
($2.75M Construction).  All design, construction and furnishing of the project will 
be completed within this budget. 
 
1.4 
Consultant will provide all design services for the Project including, but not limited 
to, normal landscape, civil, mechanical and electrical engineering services. 
 
2. ASSIGNMENT:  
 
2.1 
The design Agreement has been awarded to an architect based on their proposed 
personnel and specified consultants. Any deviations or substitutions of these 
team members must be pre-approved in writing by City.  Those persons listed in 
Exhibit B will perform those portions of the work listed therein. 
 
3. PROJECT SCHEDULE:  
 
3.1 
Consultant must perform the services within the times set forth in the Production 
Schedule included herein and made a part hereof by reference.   
 
3.2 
Consultant must adhere to the Production Schedule described herein and such 
schedule may not be modified or deviated from without written consent of City.  
Consultant must revise and submit for review an updated schedule whenever it is 
demonstrated that the time for completion of the Project Design or of any of the 
partial completion points listed in the schedule is delayed by two weeks or more.  
Such adjusted schedule will include a written explanation stating the reasons for

the change and a plan for getting back on schedule. Consultant must take all 
reasonable actions necessary to get the project back on schedule and City will 
cooperate to assist Consultant. 
 
4. QUALITY CONTROL:  
 
4.1 
Consultant must institute and comply with the Design Quality Control Plan 
attached hereto and made a part hereof by reference.   
 
 
5. PRELIMINARY RESEARCH: 
 
5.1 
As and for preliminary research before preparing the project design, Consultant 
will:   
 
a. Perform a Document Search for utility as-builts.  
b. Perform a Document search for rights-of-way.  
c. Perform a Document search for survey ties and benchmarks.  
d. Perform a Document search for City policies, regulations, standards, design 
manuals, and requirements, etc. relevant to project.  
e. Research and/or obtain geotechnical reports and investigations, master plans, 
computer model data and field surveys. 
f. Research all utility companies/agencies and acquire all available as-built and 
utility records.  
g. Investigate existing conditions, make measured drawings, and verify accuracy 
of drawings or other information furnished by City.  
h. Consultant must provide a survey of the project area that includes complete 
topographical and 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. 
 
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.  
 
6.5 
Consultant must submit preliminary plans, specifications, and design calculations 
to utilities/agencies for review and use during their design for their service 
improvements or any necessary relocations.  
 
6.6 
Consultant must conduct utility meetings to coordinate relocations with 
utility/agency and establish relocation schedules. 
 
6.7 
Consultant must follow-up with the final design submittal for utility construction 
and coordination with the bid documents.  
 
6.8 
Consultant must incorporate the utility/agency private developer construction 
requirements into the bid documents.  
 
7. GEOTECHNICAL INVESTIGATION: 
 
7.1 
City to provide Geotechnical Report conducted as part of the Detroit Basin project.  
Consultant may perform additional pavement borings or potholing 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.  
 
8. PROGRAMMING: 
 
8.1 
Consultant must meet with City staff to ascertain the requirements of the Project 
and will arrive at a mutual understanding of such requirements.   
 
8.2 
Consultant must facilitate 1 “sub-committee” meetings to gather pertinent 
information from:  
a. City staff 
 
8.3 
Consultant must prepare a “Program” which will include: 
a. Complete documentation of site survey from preliminary work 
b. Define new park component space requirements and amenities necessary to 
accommodate planned activities within the park 
c. Define site requirements 
d. Create a matrix of spaces, sizes and amenities

8.4 
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.   
 
9. SCHEMATIC DESIGN (30% Document Review):   
 
9.1 
When the design is approximately thirty percent complete, Consultant must do 
the following:   
 
a. Prepare a 30% Construction Document package. 24 x 36 set of plans shall be 
submitted to parks staff for review. 
b. Present initial schemes to City and its representatives (to potentially include a 
contractor). Staff will collaborate with designers to manipulate the plans and 
mutually decide on the best scheme.  
c. The final scheme must incorporate City’s comments (and potentially a 
contractors’ comments) and be cleaned up for reference and presentation to 
City Council if requested.  
d. Complete a drainage analysis and provide solutions to mitigate the runoff. 
e. Identify all necessary offsite improvements such as: streets, utilities, railroad, 
irrigation, etc., and depict the scope in a schematic design plan. 
f. Submit the project to City (Parks) for a Standards review.  
g. Prepare a construction cost estimate for verification with the budget and re-
design as necessary to re-align the design with the construction budget. 
h. Submit to City’s Project Manager for comment two complete drawing sets with 
drainage & structural calculations, one of which must be reproducible.  
 
10. DESIGN DEVELOPMENT (60% Document Review): 
 
10.1 
Based on the approved Schematic Design Documents and any adjustments 
authorized by City in the program, schedule or construction budget, Consultant 
must prepare, for approval by City, Design Development Documents consisting of 
drawings and other documents to fix and describe the size and character of the 
Project as to architectural, structural, mechanical and electrical systems, materials 
and such other elements as may be appropriate.  When the design is 
approximately sixty percent (60%), Consultant must do the following:   
 
a. Allow and invite the Owner’s Representative to attend the regular weekly 
design coordination meetings. 
b. Develop a site plan. Design must utilize established City of Chandler 
benchmarks and reference locations of benchmarks on the plans. 
c. Collaborate with City to define their requirements for building systems.

d. City Template shall be used to create outline of specification. 
e. Prepare plans, elevations, sections, schedules and notes as required to fix and 
describe the project as to civil, architectural, structural, mechanical, electrical, 
and special systems. Prepare plans, elevations, sections, schedules, notes and 
specifications as required to be able to bid and construct the project in its 
entirety. 
i.  Hardscape Plans – Dig, in coordination with their design team, will 
prepare construction documents based on the approved layout of 
the design and any adjustments to the probable cost.  The 
hardscape plan will utilize horizontal and vertical control 
coordinate points for staking the location of paving, planting, sport 
court, etc.  The materials and finishes of the hardscape will be 
identified and detailed on the plan.  Dig will provide installation 
details for all hardscape components. All structural components 
will be coordinated with the project structural engineer and the 
hardscape plans will reference the details shown on the structural 
plans if needed. It is anticipated that structural design will be 
required 
for the 
post-tension 
sport 
court 
and 
possible 
modifications to the existing ramada. 
ii. Landscape Plans – Dig will prepare the landscape construction 
documents that respond to the hardscape/site plan and any 
adjustments to the probable cost.  The landscape plan will identify 
the final locations of inert groundcover for dust control and the 
location of new plant and relocated material.  The plan will also 
include a complete plant key, materials schedule, and quantities.   
Dig will provide installation details for all landscape components.   
iii. Irrigation Plans – Dig’s subconsultant will prepare an overall 
irrigation plan in the area impacted by the new sport court 
improvements.  An Optional Design is included in this proposal 
that address possible irrigation upgrades to the existing park 
irrigation system.  
iv. Grading, Drainage and Utility Plans – Dig’s subconsultant will 
prepare the grading and drainage plans that work within the 
parameter of the existing retention basin.  It is anticipated that 
building review will require an engineer’s evaluation of the existing 
retention basin volume and an evaluation of any new 
improvements may have on the volume. Note: the addition of the 
sport court should not impact the retention volume, but building 
review may require an engineer’s statement of “no impact”.    
v. Electrical Plans – Digs’ subconsultant will prepare electrical designs 
for the park and open space improvements.  The drawings will 
support the new park improvements.  Note: The lighting has been

replaced with LED’s, new lighting would include the sport court and 
possible new ramada lighting.   
f.
Perform code reviews and implement requirements into the design
documents.
g. 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.
h. 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,
construction materials, and building systems.
i.
Prepare a construction cost estimate for verification with the budget. Re-
design as necessary to re-align the design with the construction budget.
j.
Conduct a full document set (plans & specs) review in the presence of all
consultants and City’s representatives and any other stakeholders.
k.
Submit to City’s Project Manager and City On-line Portal complete drawing
sets, specifications, drainage & structural calculations.  Include original redline
drawings and comments received from previous review along with a review
summary indicating action taken.
l.
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.
11. CONSTRUCTION DOCUMENTS  (90% Document Review):
11.1 
Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget 
authorized by City, Consultant must prepare, for approval by City, Construction 
Documents consisting of Drawings and Specifications setting forth in detail the 
requirements for the construction of the Project.  When the design is 
approximately ninety percent (90%) 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.
vi.
Hardscape Plans – Dig, in coordination with their design team, will
prepare construction documents based on the approved layout of
the design and any adjustments to the probable cost.  The
hardscape plan will utilize horizontal and vertical control
coordinate points for staking the location of paving, planting, sport
court, etc.  The materials and finishes of the hardscape will be
identified and detailed on the plan.  Dig will provide installation
details for all hardscape components. All structural components
will be coordinated with the project structural engineer and the

hardscape plans will reference the details shown on the structural 
plans if needed. It is anticipated that structural design will be 
required 
for the 
post-tension 
sport 
court 
and 
possible 
modifications to the existing ramada. 
vii. Landscape Plans – Dig will prepare the landscape construction 
documents that respond to the hardscape/site plan and any 
adjustments to the probable cost.  The landscape plan will identify 
the final locations of inert groundcover for dust control and the 
location of new plant and relocated material.  The plan will also 
include a complete plant key, materials schedule, and quantities.   
Dig will provide installation details for all landscape components.   
viii. Irrigation Plans – Dig’s subconsultant will prepare an overall 
irrigation plan in the area impacted by the new sport court 
improvements.  An Optional Design is included in this proposal 
that address possible irrigation upgrades to the existing park 
irrigation system.  
ix. Grading, Drainage and Utility Plans – Dig’s subconsultant will 
prepare the grading and drainage plans that work within the 
parameter of the existing retention basin.  It is anticipated that 
building review will require an engineer’s evaluation of the existing 
retention basin volume and an evaluation of any new 
improvements may have on the volume. Note: the addition of the 
sport court should not impact the retention volume, but building 
review may require an engineer’s statement of “no impact”.    
x. Electrical Plans – Digs’ subconsultant will prepare electrical designs 
for the park and open space improvements.  The drawings will 
support the new park improvements.  Note: The lighting has been 
replaced with LED’s, new lighting would include the sport court and 
possible new ramada lighting.   
 
b. Cover sheet to be provided by City (AutoCAD 2004).  
c. Provide City of Chandler with a copy of the AutoCAD files.  Each drawing must be 
“layered” so as to be able to isolate trades or engineering from landscape 
architectural components or vice versa. 
d. Conduct a full document set (plans & Specs) review in the presence of all 
consultants and City’s representatives.  
e. Prepare Drainage Report. 
f. Prepare a construction cost estimate for verification with the budget. Re-design 
as necessary to re-align the design with the construction budget. 
g. Prepare bid alternates as necessary to assure budget can be met.  
h. Submit to City’s Project Manager for comment two complete drawing sets, 
specifications, drainage & structural calculations, one of which will be

reproducible.  Include original redline drawings and comments received from 
previous review along with a review summary indicating action taken.  
12. BID & AWARD (100% Documents):
12.1 
Submit bid documents to Development Services for building permit. All plans,
calculations and specifications will be stamped. The specifications will be 8-1/2” x 
11” and in electronic format in Microsoft Word 98. Plans will be black line prints 
Auto CAD release 14 or R2000.  Include original redline drawings and comments 
received from previous review along with a review summary indicating action 
taken.  
12.2 
Pick-up plan review final comments and prepare stamped documents for 
reproduction.  City will have the bid sets reproduced from these documents. 
Prepare plans, elevations, sections, schedules, notes and specifications as 
required to be able to bid and construct the project in its entirety. 
i.
Hardscape Plans – Dig, in coordination with their design team, will prepare
construction documents based on the approved layout of the design and
any adjustments to the probable cost.  The hardscape plan will utilize
horizontal and vertical control coordinate points for staking the location of
paving, planting, sport court, etc.  The materials and finishes of the
hardscape will be identified and detailed on the plan.  Dig will provide
installation details for all hardscape components. All structural components
will be coordinated with the project structural engineer and the hardscape
plans will reference the details shown on the structural plans if needed. It
is anticipated that structural design will be required for the post-tension
sport court and possible modifications to the existing ramada.
ii.
Landscape Plans – Dig will prepare the landscape construction documents
that respond to the hardscape/site plan and any adjustments to the
probable cost.  The landscape plan will identify the final locations of inert
groundcover for dust control and the location of new plant and relocated
material.  The plan will also include a complete plant key, materials
schedule, and quantities.   Dig will provide installation details for all
landscape components.
iii.
Irrigation Plans – Dig’s subconsultant will prepare an overall irrigation plan
in the area impacted by the new sport court improvements.  An Optional
Design is included in this proposal that address possible irrigation upgrades
to the existing park irrigation system.
iv.
Grading, Drainage and Utility Plans – Dig’s subconsultant will prepare the
grading and drainage plans that work within the parameter of the existing
retention basin.  It is anticipated that building review will require an
engineer’s evaluation of the existing retention basin volume and an
evaluation of any new improvements may have on the volume. Note: the

addition of the sport court should not impact the retention volume, but 
building review may require an engineer’s statement of “no impact”.    
v.
Electrical Plans – Digs’ subconsultant will prepare electrical designs for the
park and open space improvements.  The drawings will support the new
park improvements.  Note: The lighting has been replaced with LED’s, new
lighting would include the sport court and possible new ramada lighting.
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 135 
calendar days of the date indicated on the Notice to Proceed.   
13.2 
Following the General Contractors “Notice to Proceed” with construction of the 
Project, Consultant must perform the construction administration portion of this 
Agreement for approximately 240 days. 
13.3 
Consultant must prepare and deliver to City record documents within 20 days of 
the date of receipt of the red line drawings from City. 
13.4 
Consultant must complete all services specified herein in accordance with the 
Production Schedule and progress milestones included in Exhibit A 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.

Gazelle Meadows Park Schedule
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66
Task 9 - 30% Documents
1
12
1
10
0%
30% Design
Task 10 - 60% Documents
13
8
13
5
0%
 
60% Design
Tasks 11 - Construction 
Documents
22
17
22
17
0%
90% Design
100% Design 
Task 13 - Construction 
Adminstration
39
48
39
48
0%
JUN
JUL
AUG
SEP
APR
FEB
MAR
SEP
OCT
NOV
DEC
JAN
JUL
AUG
Review
Review
Construction Start - 
Approximately 36- Weeks
Review
ACTIVITY
PLAN 
START
PLAN 
DURATION
ACTUAL 
START
ACTUAL 
DURATION
PERCENT 
COMPLETE
APR
MAY
JUN

Project Name: GAZELLE MEADOWS PARK RENOVATIONS 
Page B-1 
Project No.: PR2107.203  
Rev. 11/10/22 
 
 
EXHIBIT “B” 
COMPENSATION AND FEES

Date:
3/29/2023
Optional  
Comments
Dig Studio 
 Design  
 Construction 
Observation 
Reimbursable 
Expenses
Optional Services
28,360.00
$        
27,345.00
$        
34,944.00
$        
-
$
 
-
$
 
Sub-Total
90,649.00
$        
-
$
 
500.00
$
 
-
$
 
Printing and Reprographics
Total Dig Studio Fees & Expenses
91,149.00
$
 
Wood PAtel- Survey / Civil / Engineering
67,090.00
$       
Wood PAtel- Drainage Report
5,400.00
$          
Wright Engineering - Electrical Engineering
14,925.00
$       
City Contingency (~10%)
18,000.00
$       
Structural 
5,000.00
$
 
Sub-Totals Sub-Consultant Fee & Expenses
105,415.00
$     
-
$
 
-
$
 
5,000.00
$
 
Total Sub-Consultant Fee & Reimbursable Expenses
105,415.00
$
 
5,000.00
$
 
FEE & REIMBURSABLE SUB-TOTALS
196,064.00
$     
-
$
 
500.00
$
 
5,000.00
$
 
TOTAL FEES, SUBCONSULTANTS, EXPENSES
196,564.00
$   
5,000.00
$        
Task 14.0: Construction Observation
 DESIGN FEES 
DIG STUDIO
Task 10.0 Design Development (60%)
Task 9.0 Master Plan / Schematic Design
EXHIBIT "B-1"
TASK DESCRIPTION
Gazelle Meadows Park
Sub-Consultants
COST SUMMARY WITH SUBCONSULTANTS
Task 11.0: Construction Documents (90%-100%)

Date:
3/29/2023
P3, Sr 
Principal
P1, Assoc 
Principal
Project Mgr.  
Designer IV
Landscape 
Designer III
Landscape 
Designer II
Landscape 
Designer I
Comments
Jay Hicks
Brandon 
Sobiech
Jeff Lothner
Jose Munoz / 
Staff
Patrick Kelty 
/ Staff
  Staff
 $   215.00  $   152.00  $      128.00  $        117.00  $      106.00  $        95.00 
20
0
90
0
0
132
242
9.01 Park Programming/Conceptual Design
4
32
60
96
9.02 Public/Stakeholder Meetings
4
8
8
20
2 Meetings
9.03 Schematic Design
2
32
60
94
9.04 Preliminary Cost Estimate
4
2
4
10
9.05 City Coordination Meetings
6
16
22
4 Meetings
0
0
17
0
50
0
0
182
249
10.01 Hardscape Plans / Details
2
8
56
66
10.02 Landscape / Tree Inventory Plans
1
8
56
65
10.03 Irrigation Plan 
8
32
40
10.04 Grading Plan / Wood Patel Coordination
2
8
20
30
10.05 Electrical Plan Coordination
2
2
4
10.06 Probable Construction Cost
6
4
8
18
10.07 Public/Stakeholder Meetings
2
4
8
14
1 Meeting
10.07 Coordination Meetings
4
8
12
2-3 Meetings
14
0
58
0
0
258
330
11.01 Hardscape Plans / Details
2
8
80
90
11.02 Landscape Plans
2
8
80
90
11.03 Irrigation Plans
8
40
48
11.04 Grading Plan / Coordination (See WP)
2
8
40
50
11.05 Electrical Plan Coordination
2
2
4
11.06 Permit Submittal
2
8
16
26
11.08 Coordination Meetings
6
16
22
3-4 Meeting
0
0
0
0
0
0
0
13.02.1 Construction Meetings/Site Visits
0
8-9 Month Construction
13.02.2 Request for Information/Submittals
0
13.02.3 Substantial / Final Punch Lists
0
13.02.4 Warranty Walk
0
51
0
198
0
0
572
821
Gazelle Meadows Park
Task 11.0: Construction Documents (90%-100%)
TOTAL HOURS:
TASK DESCRIPTION
Task 13.0:  Construction Administration
DIG STUDIO
EXHIBIT "B-2"
Task 9.0: Concept / Schematic (30%)
Task 10.0: Design Development (60%)
TOTAL HOURS 
PER TASK
PROJECT 
ROLE
 < HOURLY 
Hours and Rates

2051 W Northern Ave #100 
Phoenix AZ 85021 
P: 602.335.8500 
F: 602.335.8580 
www.woodpatel.com 
Michael T. Young, PE 
Darin L. Moore, PE 
Jeffrey R. Minch, PE, CFM 
Robert D. Gofonia, PE, RLS 
Nicholas E. Brown, PE 
Daniel W. Matthews, PE 
Ronald J. Barbala, PLS, CFedS 
Ethan A. Boyle, PE 
Frank M. Koo, PE 
Gabriel S. Rios, RLS 
John G. Ritchie, PE 
Derek C. Nichols, PE 
John M. Bulka, PE 
Daniel J. Cronin, PMP 
James G. Taillon, CFM 
Joseph C. Daconta, PE, CFM, PH 
Steven C. McKee, PE 
Brian J. Diehl, RLS 
Matthew R. Pruitt, PE, CFM 
Isaac J. Thomas, PE, CFM 
Wilson Begay, RLS 
Anthony K. Humphrey, PE 
Patrick Wolf, PE, CFM 
Zachary Radovich, PE 
Charles Christiansen, PE 
Venkata S. Bayareddy, PE, CFM 
Aaron K. Feldberg, PE 
Mark Fiorina, PE 
Joseph R. Davis, RLS 
 
 
 
EMERITUS 
Darrel E. Wood, PE, RLS 
Ashok C. Patel, PE, RLS 
Thomas R. Gettings, RLS 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
March 23, 2023 
 
 
Mr. Jeff Lothner PLA, ASLA 
Associate Principal | Landscape Architect 
Dig Studio 
600 North 4th Street, Suite D 
Phoenix, AZ 85004 
 
602.595.4101 ext. 209 
jeff@digstudio.com 
 
Re: 
PR2107.203 City of Chandler – Gazelle Meadows Park 
Chandler, Arizona 
Professional Civil Engineering Services 
 
 
 
Dear Mr. Lothner: 
 
Thank you for inviting Wood, Patel & Associates, Inc. (WOODPATEL) to submit this 
Professional Civil Engineering services Agreement to Dig Studio (Client) for Gazelle 
Meadows Park. WOODPATEL has successfully completed projects in the City of 
Chandler. This has allowed us to develop an understanding of the expectations, design 
requirements and polices required to meet the project goals. 
 
We understand this project will consist of a 9.0± acre neighborhood park redevelopment 
for the City of Chandler located at 500 North Exeter Street in Chandler, Arizona. Our 
services are based on the Client provided RFP email dated March 20, 2023, with a 
concept rendering of the Gazelle Meadows Park plan included. 
 
Below is our scope of services and fee summary for Professional Civil Engineering 
services based on our understanding of the project and without specific meetings with the 
City of Chandler. These items follow an industry standard outline of services for Schematic 
Design, Design Development, and Construction Documents.  Post Design services are not 
included but can be provided under a separate proposal.

FEES 
 
 
5.0       PRELIMINARY RESEARCH ............................................................................................................................ $7,160 
            5.1       Perform Document Search and Research 
            5.2       Investigate Existing Conditions / Site Visit 
            5.3       Supplemental Topographic Survey for Design 
 
6.0       UTILITY/AGENCY COORDINATION ............................................................................................................... $8,970 
            6.1       Obtain Utility Maps 
            6.2       Submit Utility Conflict Review 
            6.3       Utility Design – Limited Coordination 
            6.4       Utility Potholing (ALLOWANCE) – (Assume four (4) Potholes @ $1,375 each) 
 
8.0       PROGRAMMING & SCHEMATIC DESIGN (30%) ........................................................................................ $13,510 
            8.1       Grading & Drainage Plan 
            8.2       Water Plan 
            8.3       Engineer’s Opinion of Probable Cost 
            8.4       Meetings & Conference Calls – (Assume three (3) – 1-hour Virtual Meetings) 
 
10.0     DESIGN DEVELOPMENT (60% & 80%) ....................................................................................................... $17,580 
            10.1     Grading & Drainage Plan 
            10.2     Drainage Calculations & Research 
            10.3     Water Plan 
            10.4     Engineer’s Opinion of Probable Cost 
            10.5     Meetings & Conference Calls – (Assume two (2) – 1-hour Virtual Meetings) 
 
11.0     CONSTRUCTION DOCUMENTS (90% & 100%) .......................................................................................... $24,070 
            11.1     Grading & Drainage Plan  
            11.2     Drainage Report 
            11.3     Water Plan 
            11.4     Engineer’s Opinion of Probable Cost 
            11.5     Meetings & Conference Calls – (Assume two (2) – 1-hour Virtual Meetings) 
 
12.0     CONTRACTOR COORDINATION / BIDDING ................................................................................................. $1,200 
            12.1     Bid RFI Reviews & Responses 
 
 
TOTAL .......................................................................................... $72,490

SCOPE ASSUMPTIONS 
 
• 
A final Site Plan will be provided in AutoCAD format. This scope does not include developing a proposed site 
plan for design team use or jurisdictional submittal. 
• 
Unless stated above, topographic and boundary survey information shall be provided by the Client in AutoCAD 
format. WOODPATEL is not responsible for the accuracy of survey work performed by others. 
• 
Construction Document plans and reports will be a continuation of Design Development documents. Design 
alternative studies (Value Engineering) after Design Development can be completed under separate contract, if 
requested. 
• 
Additional services required to meet Client, Owner or Contractor phasing requirements of Construction 
Documents can be completed under separate contract, if required. 
• 
Sanitary sewer design services are not expected to be required for this project therefore is not included in this 
scope of services.  
• 
A Water Basis of Design Report is not expected to be required for this project therefore is not included in this 
scope of services.  
• 
Regional and/or comprehensive Master Studies can be completed under separate contract, if required. 
• 
Offsite utility extensions, roadway or intersection improvements are not included but can be completed under 
separate contract, if required. 
• 
Civil documents will reference a Geotechnical Report, prepared by others, for pavement and soil information. 
Proposed pavement and/or hardscape sections shall be provided by the Geotechnical Engineer. 
• 
Civil documents will reference structural plans for retaining wall design information. 
• 
Post Design, Construction Administration, management, inspection or certification of services are not included 
with this scope of services. 
• 
Existing utilities will be shown based on information made available to WOODPATEL. Non-destructive 
subsurface utility investigation (potholing) may be necessary for this project. 
• 
This scope does not include dry utility (power, gas, telecommunications, etc.) design. Design, if necessary, is 
completed by the service provider. WOODPATEL will contact the local area dry utility providers to coordinate 
potential conflicts with the civil design shown on the plans and provide design information to the dry utility 
providers for their use. The civil plans can show proposed dry utility routing, conduit locations, services lines and 
meter locations if provided by the dry utility designer or service provider.

18
GAZELLE MEADOWS PARK - PARK IMPROVEMENTS
C
D
A
B
PARK IMPROVEMENT CONCEPT
N EXETER STREET
E GALVESTON STREET
SAN TAN ST
TULSA ST
OAKLAND ST
E ERIE ST
NEW SITE
FURNISHING
ACCESIBLE 
WALKING LOOP
EXISTING TURF 
TO REMAIN
EXISTING PLAY 
TO REMAIN
OPEN TURF
EDUCATIONAL 
PLAY
C
PARKING
BASKETBALL COURT
SWINGS
A
RAMADA
B
PICNIC 
AREA
D CENTRAL 
PLAY
SKATE 
PLAZA
ENHANCED 
CORNER
☆

EXHIBIT A - FEE SUMMARY
Contract No.:  PR2107.203
Date: 03/24/2023
Work Task Description
PRELIMINARY RESEARCH
PERFORM DOCUMENT SEARCH AND RESEARCH
INVESTIGATE EXISTING CONDITIONS / SITE VISIT
SUPPLEMENTAL TOPOGRAPHIC SURVEY
UTILITY/AGENCY COORDINATION
OBTAIN UTILITY MAPS
SUBMIT UTILITY CONFLICTS REVIEWS
UTILITY DESIGN - LIMITED COORDINATION
UTILITY POTHOLING (ALLOWANCE) - ASSUME 4 POTHOLES
PROGRAMMING & SCHEMATIC DESIGN (30%)
GRADING & DRAINAGE PLAN
WATER PLAN
OPINION OF PROBABLE COST
MEETINGS & CONFERENCE CALLS (ASSUME 3-1 HOUR VIRTUAL MEETINGS)
DESIGN DEVELOPMENT (60% & 80%)
GRADING & DRAINAGE PLAN
DRAINAGE CALCULATIONS & RESEARCH
WATER PLAN
OPINION OF PROBABLE COST
MEETINGS & CONFERENCE CALLS (ASSUME 2-1 HOUR VIRTUAL MEETINGS)
CONSTRUCTION DOCUMENTS (90% & 100%)
GRADING & DRAINAGE PLAN
DRAINAGE REPORT
WATER PLAN
OPINION OF PROBABLE COST
MEETINGS & CONFERENCE CALLS (ASSUME 2-1 HOUR VIRTUAL MEETINGS)
CONTRACTOR COORDINATION / BIDDING
BID RFI REVIEWS & RESPONSES
Subtotal
Total
13,440.00
$                          
10.3
10.4
2,520.00
$                            
1,220.00
$                            
10.5
700.00
$                               
11.1
11.0
10.1
10,000.00
$                          
3,140.00
$                            
8,580.00
$                            
8.1
10.2
8.4
1,050.00
$                            
GAZELLE MEADOWS PARK
Cost
Task
5.0
6.0
5,320.00
$                            
5.2
5.3
5.1
560.00
$                               
1,280.00
$                            
6.1
6.2
10.0
6.3
1,400.00
$                            
2,660.00
$                            
1,220.00
$                            
8.2
8.3
5,500.00
$                            
6.4
945.00
$                               
1,125.00
$                            
8.0
72,490.00
$                          
5,400.00
$                            
72,490.00
$                          
11.2
11.4
1,540.00
$                            
2,990.00
$                            
11.3
11.5
12.0
700.00
$                               
12.1
1,200.00
$

EXHIBIT B- PERSONNEL HOUR BREAKDOWN
Contract No.:  PR2107.203
Date: 03/24/2023
Principal
Sr. Project 
Manager (PE)
Project Engineer 
(PE)
Engineer In-
Training (EIT)
CADD 
Technician
Project 
Coordinator
Senior RLS
Survey 
Technician
1-man Survey 
Crew
Sub-Consultants 
Or 
Allowances
230.00
$          
200.00
$         
150.00
$         
120.00
$         
100.00
$         
90.00
$          
175.00
$        
120.00
$        
125.00
$        
110%
5.0
PRELIMINARY RESEARCH
5.1
PERFORM DOCUMENT SEARCH AND RESEARCH
1
4
5
5.2
INVESTIGATE EXISTING CONDITIONS / SITE VISIT
4
4
8
5.3
SUPPLEMENTAL TOPOGRAPHIC SURVEY
8
16
16
40
6.0
UTILITY/AGENCY COORDINATION
6.1
OBTAIN UTILITY MAPS
1
4
350.00
$            
355
6.2
SUBMIT UTILITY CONFLICTS REVIEWS
1
6
350.00
$            
357
6.3
UTILITY DESIGN - LIMITED COORDINATION
4
4
8
6.4
UTILITY POTHOLING (ALLOWANCE) - ASSUME 4 POTHOLES
5,000.00
$         
5000
8.0
PROGRAMMING & SCHEMATIC DESIGN (30%)
8.1
GRADING & DRAINAGE PLAN
4
6
24
40
74
8.2
WATER PLAN
1
2
8
12
23
8.3
OPINION OF PROBABLE COST
1
3
4
1
9
8.4
MEETINGS & CONFERENCE CALLS (ASSUME 3-1 HOUR VIRTUAL MEETINGS)
3
3
6
10.0
DESIGN DEVELOPMENT (60% & 80%)
10.1
GRADING & DRAINAGE PLAN
6
8
40
28
82
10.2
DRAINAGE CALCULATIONS & RESEARCH
4
6
12
22
10.3
WATER PLAN
2
4
6
8
20
10.4
OPINION OF PROBABLE COST
1
3
4
1
9
10.5
MEETINGS & CONFERENCE CALLS (ASSUME 2-1 HOUR VIRTUAL MEETINGS)
2
2
4
11.0
CONSTRUCTION DOCUMENTS (90% & 100%)
11.1
GRADING & DRAINAGE PLAN
4
8
12
56
24
104
11.2
DRAINAGE REPORT
2
4
6
24
4
40
11.3
WATER PLAN
1
2
4
8
8
23
11.4
OPINION OF PROBABLE COST
1
1
3
4
2
11
11.5
MEETINGS & CONFERENCE CALLS (ASSUME 2-1 HOUR VIRTUAL MEETINGS)
2
2
4
12.0
CONTRACTOR COORDINATION / BIDDING
12.1
BID RFI REVIEWS & RESPONSES
6
6
8
58
68
194
120
22
8
16
16
5700
Sub-total Hours
(Hours)
GAZELLE MEADOWS PARK
Section
Task
Work Task Description

#B23-0138 
 
 
 
 
ELECTRICAL ENGINEERING & LIGHTING DESIGN 
 
165 EAST CHILTON    CHANDLER, ARIZONA 85225      OFFICE: 480-497-5829   FAX: 480-497-5807 
www.wrightengineering.us 
 
 
April 11, 2023 
 
Dig Studio, Inc. 
600 N. 4th St., Suite D 
Phoenix, AZ 85004 
 
 
 
 
 
 
Re: 
Gazelle Meadows Park 
 
Attn:  Jeff Lothner  
 
 
Dear Jeff, 
 
Wright Engineering appreciates this opportunity to submit a proposal for electrical 
engineering services on the above referenced project. The following services will 
be performed in a professional manner to meet City of Chandler requirements: 
 
Electrical Design Scope of Services: 
1. 
Coordinate design with owner, power company, civil engineer, and/or 
architect/landscape architect as required. 
a. 
Project coordination will be performed via email, telephone calls, and 
virtual meetings. Up to (2) two in-person design coordination 
meetings are included in this scope. 
2. 
Visit the site to determine existing conditions and electrical configuration. 
Please note, this task will require extensive onsite discovery of the existing 
conditions, electrical equipment, and loads being served. Up to (1) one visit. 
3. 
Review existing electrical drawings and load calculations for site. 
4. 
Determine existing peak demand loads and coordinate proposed electrical 
loads. 
5. 
Design the electrical power system to meet local codes and requirements. 
6. 
Prepare 24” X 36” electrical construction drawings showing all new 
equipment to include the following: 
a. 
Electrical service entrance section and distribution equipment 
b. 
Control equipment 
c. 
Area lighting (Relocate existing concrete poles and LED luminaires) 
d. 
Pathway lighting  
e. 
Ramadas (one light and convenience receptacle) 
f. 
Monuments (internal / external illumination as requested) 
g. 
Parking lot lighting  
h. 
Basketball court lighting 
i. 
Skate plaza lighting 
j. 
Playground lighting 
k. 
Power to booster pump

Gazelle Meadows Park 
 
Page 2 of  4 
 
April 11, 2023 
l. 
Power to irrigation controller 
m. Power to chilled drinking fountain 
7. 
Prepare photometric calculations showing all lighting averages, uniformities 
and any spill light at adjacent property lines.  
8. 
All lighting on/off control will be designed per client’s requirements. All 
necessary equipment will be shown on the plans. 
9. 
Prepare necessary elevation view and installation details of the equipment 
listed above to help determine layout and size. 
10. Prepare load calculations and single line diagram. 
11. Prepare panel schedule and other electrical installation details as required. 
12. Prepare a conduit and wire table showing all power conduits and wire for 
equipment listed above. 
13. Prepare system fault current and voltage drop calculations as required. 
14. Prepare an engineer’s opinion of probable electrical construction costs and 
project specific electrical specifications document upon request. 
15. Structural calculations for the light foundations are included below as an 
allowance if required by the reviewing agency. 
16. Perform in-house QAQC review and modifications. 
17. The above plans will be provided to client at 30%, 60% and 100% levels for 
submittal review and comment. Submittals will be made via email in digital 
PDF format. Client will print, copy and submit to the City and owner as 
needed. 
18. Up to one set of base drawing changes or updates will be included in this 
engineering cost proposal. Incorporating any additional base drawing 
changes will incur additional cost at the rates noted under additional 
services. 
19. Municipal review comments will be responded to and addressed. 
 
 
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. 
Wright Engineering will confirm if the existing electrical service for this 
project is sufficient, in the case that it needs replaced/upgraded/relocated; 
Designation of location of power company connection to electrical service 
meter will be determined by the local utility company. Wright Engineering 
will coordinate the design of all electrical utility power services modifications 
during the design process.

Gazelle Meadows Park 
 
Page 3 of  4 
 
April 11, 2023 
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:  
1. 
Electrical Design Services: $14,925.00 (Lump Sum) 
2. 
Allowance for structural calculations if required: $1,000.00 (Lump Sum) 
[Includes (2) unique light pole types / heights in structural design] 
 
Please Note: Services as stated above can be provided in whole or part to meet 
client needs.    
 
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 
 
Drafter 
$105/hour 
Engineer 
 
$135/hour 
 
Admin  
$65/hour 
 
Printing Charges: 
Although not anticipated, any printing and delivery requested will be charged as 
follows: 
 
Blacklines 
 
 
 
$  2.00 each 
 
Mylar Sepia  
 
 
$18.00 each 
 
Delivery Cost 
 
 
  cost 
 
Billing: 
We will bill you on a monthly basis for these services. Payment terms are Net 30 
days. This proposal will be valid for the next 90 days. Any engineering or 
services fees requested to be paid by credit card will be charged an additional 
4.25% for processing. If you have any questions, please contact us at your 
earliest convenience.

Gazelle Meadows Park 
 
Page 4 of  4 
 
April 11, 2023 
I look forward to working with you on this project. Please show your acceptance 
of this proposal by signing below and returning one copy for my records.  
 
Sincerely, 
 
Clifford Tolman, P.E. 
Wright Engineering Corporation

Wright Engineering Corporation
Electrical Engineering Services Fee Schedule
Hourly Rate
$180.00
$160.00
$135.00
$115.00
$105.00
$65.00
100
Project Coordination/Management
0.00
7.00
12.00
0.00
0.00
1.00
20.00
101
Visit Site
0.00
0.00
4.00
0.00
0.00
0.00
4.00
102
Team Meetings
0.00
2.00
4.00
0.00
0.00
0.00
6.00
103
Plan Development
0.00
2.00
8.00
16.00
0.00
0.00
26.00
104
Details, Photometrics, Power & Voltage Drop Calculations
0.00
2.00
12.00
24.00
0.00
0.00
38.00
105
Specifications & OPC
0.00
0.00
2.00
2.00
0.00
0.00
4.00
106
QAQC
0.00
1.00
2.00
4.00
0.00
0.00
7.00
107
Plan Submittal
0.00
0.00
2.00
2.00
0.00
0.00
4.00
108
Comment Resolution Meetings/Address Redlines
0.00
1.00
2.00
4.00
0.00
0.00
7.00
SUB TASK HOURS PER CATEGORY
0.00
15.00
48.00
52.00
0.00
1.00
116.00
SUB TASK FEE PER CATEGORY
$0.00
$2,400.00
$6,480.00
$5,980.00
$0.00
$65.00
$14,925.00
$14,925.00
TOTAL
TASK DESCRIPTION
Drafter
Electrical Design Services
TOTAL FEE
Designer
Admin
Engineer
Senior 
Engineer
Gazelle Meadows Park
City of Chandler
Pincipal
April 11, 2023
TASK 
NUMBER

Project Name: GAZELLE MEADOWS PARK RENOVATIONS 
Page C-1 
Project No.: PR2107.203 
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: GAZELLE MEADOWS PARK RENOVATIONS 
Page C-2 
Project No.: PR2107.203 
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: GAZELLE MEADOWS PARK RENOVATIONS 
Page C-3 
Project No.: PR2107.203 
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: GAZELLE MEADOWS PARK RENOVATIONS 
Page AFF-1 
Project No.: PR2107.203  
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.