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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 No.: PR2107.203
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Any subsequent changes are subject to City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding an Agreement
to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding an
Agreement to any natural person who cannot establish that such person is lawfully present
in the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of Agreement award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
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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
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that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
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Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
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5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
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.