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Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
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Project No.: PR2206.201
Rev. 8/21/23
PROFESSIONAL SERVICES AGREEMENT
Design Services
PICKLEBALL COURTS AT TUMBLEWEED PARK
Project No. PR2206.201
Council Date: October 19, 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 PICKLEBALL COURTS AT
TUMBLEWEED PARK project as more fully described in Exhibit "A", which is attached to and
made a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to enter into an Agreement with Consultant to provide these services under
the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
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Project No.: PR2206.201
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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 $282,226 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-WRoH[FHHG
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City's receipt of the request for payment. Consultant bears all responsibility and liability
for any and all tax obligations that result from Consultant's performance under this
Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
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Project No.: PR2206.201
Rev. 8/21/23
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Kimberly Moon, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3349 Email: kimberly.moon@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Rachel Marx, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3354 Email: rachel.marx@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Dig Studio, Inc.
Mailing Address: 1521 15th St., Denver, CO 80202
Physical Address: 3003 N. Central Ave., Ste. 800 Phoenix AZ 85012
Statutory Agent Name: Laurel S. Raines
Statutory Agent Mailing Address:
1521 15th St., Denver, CO 80202
Statutory Agent Physical Address: 1521 15th St., 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
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
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Project No.: PR2206.201
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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 No.: PR2206.201
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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.
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
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
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Project No.: PR2206.201
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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.
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
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
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Project No.: PR2206.201
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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
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.
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
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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
that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
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Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
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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 – Subconsultant Documents with Consultant (if applicable)
Exhibit F - Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
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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.
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page 12
Project No.: PR2206.201
Rev. 8/21/23
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
Jay Hicks
Sr. Principal
Jay@digstudio.com
09/06/2023
c.
Digitally signed by Kimberly Moon
DN: C=US, E=Kimberly.Moon@ChandlerAZ.gov,
O=City of Chandler, OU=Capital Projects Division,
CN=Kimberly Moon
Date: 2023.09.06 13:45:53-07'00'
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page A-1
Project No.: PR2206.201
Rev. 7/19/2023
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
City of Chandler Tumbleweed Park Pickle Ball Complex
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide services for Design Documents for the development of a
5 Ac. Pickle Ball Complex and 3 additional Tennis Courts (@ Tennis Complex),
located at Tumbleweed Park, Chandler, Arizona, all as more specifically described
herein below.
1.2
The facility design may include, but not be limited to, areas for activities such as:
Pickleball, Tennis Courts, Ramadas, Restrooms, 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
$4,042,887.00. All design, construction and furnishing of the project will be
completed within this budget. The project design budget as identified in this scope
of services will be $282,226.00 as shown in Exhibit B-1.
1.4
Consultant will provide all design services for the Project including, but not limited
to, normal landscape, architecture, civil, mechanical and electrical engineering
services.
2. ASSIGNMENT:
2.1
The design Agreement has been awarded to a landscape 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.
4.2
As a part of the project design Consultant will develop a quality control plan for
the entire construction phase. This Quality Control Plan will establish what
elements should and must be seen by each consultant during construction.
Identify what is in the project, which will be required to have a UBC “special
Inspection” by the design engineer.
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
Engineers employed by Consultant must provide the legal descriptions for the
natural gas and electrical service easements.
6.6
Consultant must submit preliminary plans, specifications, and design calculations
to utilities/agencies for review and use during their design for their service
improvements or any necessary relocations.
6.7
Consultant must conduct utility meetings to coordinate relocations with
utility/agency and establish relocation schedules.
6.8
Consultant must follow-up with the final design submittal for utility construction
and coordination with the bid documents.
6.9
Consultant must incorporate the utility/agency private developer construction
requirements into the bid documents.
7. GEOTECHNICAL INVESTIGATION:
7.1
Consultant must perform all soil and pavement borings necessary to complete
their work.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must
be incorporated into the bid documents in a manner usable to the excavation and
foundation bidding and construction.
8. SCHEMATIC DESIGN (30% Document Review):
8.1 When the design is approximately thirty percent complete, Consultant must do the
following:
a. Provide a final concept incorporating the City’s comments (and potentially a
contractors’ comments) and be cleaned up for reference and presentation to
City Council if requested.
b. Attend a City Council meeting and brief City Council, which will include
preparing exhibits, rendering(s), computer graphic “fly-around”, displaying and
explaining such exhibits etc., to City Council and public while documenting
meeting information exchange.
c. Attend any other City Board meeting and brief the Board, which will include
preparing exhibits, renderings, computer graphic “fly-around”, displaying and
explaining such exhibits, etc., to Board members while documenting meeting
information exchange.
d. Prepare plans that advance the design parameters for the project. The design
will focus on the development of the site components including: ramadas,
restroom, sports court with lighting, shade and seating, parking and general
park features.
i. Title / Sheet Index
ii. Preliminary Hardscape Plan and Details
iii. Preliminary Grading Plans
iv. Preliminary Landscape Plan, Plant Materials List and Details
v. Preliminary Architectural Plans and Elevations
vi. Technical Design Narrative
vii. Probable Cost Estimate
e. Prepare single line elevation drawing(s) and a perspective sketch of the
exterior.
f. Complete a drainage analysis and provide solutions to mitigate the runoff in a
preliminary Drainage Report.
g. Identify all necessary offsite improvements such as: streets, utilities, irrigation,
etc., and depict the scope in a schematic design plan.
h. Submit the project to City for a Development Standards review.
i.
Prepare a construction cost estimate for verification with the budget and re-
design as necessary to re-align the design with the construction budget.
j.
Submit to City’s Project Manager for comment two complete drawing sets with
drainage & structural calculations, one of which must be reproducible.
k.
Schedule review meeting with plan check staff to discuss review comments.
Clarify with the plan check staff what the design challenges are and decide
the method in which they will be resolved.
9. DESIGN DEVELOPMENT (60% Document Review):
9.1 Based on the approved Schematic Design Documents and any adjustments
authorized by City in the program, schedule or construction budget, Consultant must
prepare, for approval by City, Design Development Documents consisting of drawings
and other documents to fix and describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems, materials and such other
elements as may be appropriate. When the design is approximately sixty percent
(60%) complete and again when the design is approximately eighty percent (80%)
complete, 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. Create an outline specification.
e. Prepare plans, elevations, sections, schedules and notes as required to further
and describe the project as to Landscape, hardscape, civil, architectural,
structural, mechanical, electrical, and special systems.
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.
Present a second briefing to Board that will include preparing exhibits,
renderings, computer graphic “fly-around”, briefing Board members while
documenting meeting information exchange.
k. Conduct a full document set (plans & specs) review in the presence of all
consultants and City’s representatives and any other stakeholders.
l.
Submit once to City’s Project Manager for comment two complete drawing
sets, specifications, drainage & structural calculations, one of which will be
reproducible. Include original redline drawings and comments received from
previous review along with a review summary indicating action taken.
m. Schedule review meeting with plan check staff to discuss review comments.
Clarify with the plan check staff what the design challenges are and decide the
method in which they will be resolved.
10. CONSTRUCTION DOCUMENTS (90% Document Review):
10.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget
authorized by City, Consultant must prepare, for approval by City, Construction
Documents consisting of Drawings and Specifications setting forth in detail the
requirements for the construction of the Project. When the design is approximately
ninety eight percent (98%) 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.
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.
vi. Architectural Plans – Digs’ subconsultant will prepare architectural
designs for the restroom building. The drawings will support the
new building improvements and be will be based on previously
approved Tumbleweed Park Restroom Building.
b. Cover sheet to be provided by City on diskette (AutoCAD 2004).
c. Provide City of Chandler with a copy of the AutoCAD files. Each building
system must be “layered” so as to be able to isolate trades or engineering from
architectural components or vice versa.
d. Conduct a full document set (plans & Specs) review in the presence of all
consultants and City’s representatives.
e. Provide document coordination of work performed by separate contractors or
by City’s own forces (i.e.: systems furniture or exercise equipment provisions
& installation, etc.).
f. Prepare a construction cost estimate for verification with the budget. 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, final drainage report & 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.
11. BID & AWARD (100% Documents):
11.1
Submit bid documents to Development Services for building permit. All plans,
calculations and specifications will be stamped. The specifications will be 8-1/2” x
11” as an electronic PDF. Plans will be black line prints as well as electronically
submitted Auto CAD .dwg files. Include original redline drawings and comments
received from previous review along with a review summary indicating action
taken.
11.2
Pick-up plan review final comments and prepare stamped Mylar documents for
reproduction. City will have the bid sets reproduced from these Mylar’s.
11.3
Assist City in the preparation of the Bid Form.
11.4
Attend and participate at the pre-bid conference for the purpose of answering
technical questions from potential bidders.
11.5
Assist City in the evaluation of “substitutions and or-equals” and make a
recommendation to accept or decline.
11.6
Prepare addenda for review and approval by City. City will distribute.
11.7
If bids are 10% over or under the “engineers estimate”, Consultant will be required
to provide a detailed evaluation explaining differences. Then the documents will
be modified and re-bid at no additional cost to City.
12. PERIOD OF SERVICE (MILESTONES):
12.1
Following receipt of a “Notice to Proceed” with the design work, Consultant must
complete the design and have all documents ready for bidding within 240
calendar days of the date indicated on the Notice to Proceed.
12.2
The Bid and Award period will be approximately 90 days. 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.
12.3
Consultant must prepare and deliver to City record documents within 30 days of
the date of receipt of the red line drawings from City.
12.4
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.
13. ALLOWANCES:
13.1
Owner's Allowance: an owner's allowance is included for additional services not
identified or have been excluded in this scope of work but determined by the City
to be required for completion of this project. All tasks completed under this
allowance shall be identified and authorized by the City's Engineering Project
Manager in advance. The Owner's Allowance shall only be used with prior written
approval from the City representative ($18,000.00).
13.2
Site lighting structural calculations for pole base/footings, $1,000.00
13.3
Percolation Test, $2,500.00
13.4
Structural not to exceed amount for miscellaneous site related structural design
and review, $4,000.00
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page B-1
Project No.: PR2206.201
Rev. 7/19/2023
EXHIBIT “B”
COMPENSATION AND FEES
Date:
6/16/2023
Allowances
Comments
Dig Studio
Design
Per Task
Reimbursable
Expenses
Optional Services
23,362.00
$
Schematic Design (d)
17,380.00
$
Preliminary Cost Estimate (i)
2,644.00
$
City Coordination Meetings (b, c, k)
3,338.00
$
35,969.00
$
Hardscape Plans / Details (e)
8,930.00
$
Landscape / Tree Inventory Plans (e)
8,715.00
$
Irrigation Plan (e)
5,270.00
$
Grading Plan / GB Coordination (e)
4,750.00
$
Electrical Plan Coordination (e)
636.00
$
Probable Construction Cost (i)
3,322.00
$
Public/Stakeholder Meetings (j)
2,462.00
$
Coordination Meetings (a,c,m)
1,884.00
$
56,820.00
$
Hardscape Plans / Details (a,i)
13,110.00
$
Landscape Plans (a,ii)
13,110.00
$
Irrigation Plans (a,iii)
8,880.00
$
Grading Plan / Coordination (a, iv See GB)
9,310.00
$
Electrical Plan Coordination (a, vSee WE)
892.00
$
Permit Submittal
4,750.00
$
Probable Construction Cost/Bid Assistance (f)
3,430.00
$
Coordination Meetings
3,338.00
$
Sub-Total
116,151.00
$
500.00
$
-
$
Reprographics
Total Dig Studio Fees & Expenses
116,651.00
$
Gavin & Barker- Survey / Civil / Engineering
71,220.00
$
Rick Engineering - Field Survey
10,250.00
$
Wright Engineering - Electrical Engineering
32,155.00
$
1,500.00
$
Structural Calculations
Gilliam Architecture - Restroom/MPE/Structural
21,350.00
$
Speedie - Geotech
4,600.00
$
2,500.00
$
Percolation Test
Structural
4,000.00
$
NTE Misc Site
Owner's Allowance (City Contingency ~10% of Design Fee)
18,000.00
$
Sub-Totals Sub-Consultant Fee & Expenses
139,575.00
$
-
$
26,000.00
$
Total Sub-Consultant Fee, contingency & Reimbursable Expenses
139,575.00
$
26,000.00
$
FEE & REIMBURSABLE SUB-TOTALS
255,726.00
$
500.00
$
26,000.00
$
TOTAL FEES, EXPENSES
256,226.00
$
26,000.00
$
DESIGN FEES
DIG STUDIO
Task 9.0 Design Development (60%)
Task 8.0 Schematic Design
EXHIBIT "B-1"
TASK DESCRIPTION
Tumbleweed Pickleball
Sub-Consultants and City Contingency
COST SUMMARY WITH SUBCONSULTANTS
Task 10.0-11.0: Construction Documents (90%-100%)
Date:
6/16/2023
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
Jenny
Robertson
Patrick Kelty
/ Staff
Staff
$ 215.00 $ 152.00 $ 128.00 $ 117.00 $ 106.00 $ 95.00
14
0
64
0
0
128
206
8.1 Schematic Design (d)
4
40
120
164
8.1 Preliminary Cost Estimate (i)
4
8
8
20
8.1 City Coordination Meetings (b, c, k)
6
16
22
4 Meetings
0
0
17
0
58
0
0
262
337
9.1 Hardscape Plans / Details (e)
2
10
76
88
9.1 Landscape / Tree Inventory Plans (e)
1
10
76
87
9.1 Irrigation Plan (e)
10
42
52
9.1 Grading Plan / GB Coordination (e)
2
10
32
44
9.1 Electrical Plan Coordination (e)
2
4
6
9.1 Probable Construction Cost (i)
6
4
16
26
9.1 Public/Stakeholder Meetings (j)
2
4
16
22
1 Meeting
9.1 Coordination Meetings (a,c,m)
4
8
12
2-3 Meetings
24
0
80
0
0
436
540
10.1 Hardscape Plans / Details (a,i)
2
10
120
132
10.1 Landscape Plans (a,ii)
2
10
120
132
10.1 Irrigation Plans (a,iii)
10
80
90
10.1 Grading Plan / Coordination (a, iv See GB)
2
10
80
92
10.1 Electrical Plan Coordination (a, vSee WE)
4
4
8
11.1 Permit Submittal
2
10
32
44
10.1 Probable Construction Cost/Bid Assistance (f)
10
10
20
10.0/11.Coordination Meetings
6
16
22
3-4 Meeting
55
0
202
0
0
826
1083
DIG STUDIO
EXHIBIT "B-2"
Task 8.0: Concept / Schematic (30%)
Task 9.0: Design Development (60%)
TOTAL
HOURS
PER TASK
PROJECT
ROLE
< HOURLY
Hours and Rates
Tumbleweed Pickleball
Task 10.0-11.0: Construction Documents (90%-100%
TOTAL HOURS:
TASK DESCRIPTION
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page C-1
Project No.: PR2206.201
Rev. 7/19/2023
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: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page C-2
Project No.: PR2206.201
Rev. 7/19/2023
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: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page C-3
Project No.: PR2206.201
Rev. 7/19/2023
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: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page D-1
Project No.: PR2206.201
Rev. 7/19/2023
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.
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
E-1
Project No.: PR2206.201
Rev. 7/19/2023
EXHIBIT “E”
SUBCONSULTANT DOCUMENTS WITH CONSULTANT
Any subconsultant assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the Consultant and their
subconsultants, and do not apply to the Agreement between the Consultant and
the City.
Geotechnical • Environmental • Materials Engineers
pp
3331 East Wood Street ■ Phoenix, AZ 85040 ■ Phone 602-997-6391 ■ Fax 602-943-5508 ■ www.speedie.net
PHOENIX
TUCSON
FLAGSTAFF
Revised: May 26, 2023
Jeff Lothner PLA, ASLA
Dig Studio
600 North 4th Street
Suite D
Phoenix, AZ 85004
RE:
Proposal for Geotechnical Investigation
Tumbleweed Park-Pickle Ball Complex
NWC McQueen Road & Celebration Way
Chandler, AZ
Proposal No. 79528 S2
Mr. Lothner:
Speedie & Associates are pleased to provide our cost estimate to conduct a soil investigation at the above referenced
site that will satisfy site development, pavement, post-tensioned court and foundation design requirements. All
work on this project will be carried out under the overall supervision of a registered Professional Engineer in the
state of Arizona.
We understand that construction will consist of a 3-5 acre pickle ball complex on the east side of the existing park.
The complex will consist of a restroom building, ramadas, several post-tensioned concrete courts and parking area.
Structural loads are expected to be light to moderate and no special considerations regarding settlement tolerances
are known at this time. Adjacent areas will be landscaped or paved to support moderate passenger and occasion
heavy truck traffic. Landscaped areas will be utilized for storm water retention and disposal.
Geotechnical Investigation-We will drill and sample sufficient test borings to adequately determine subsoil
conditions and provide samples for laboratory testing. Sufficient laboratory tests will be conducted to properly
classify the soils encountered and provide data for engineering design. We presently anticipate drilling two to three
(2 to 3) structural borings to depths of 10 to 20 feet below existing grade or auger refusal, whichever comes first
and two to three (2 to 3) pavement/court subgrade borings to depths of 5 feet. Access to the site by conventional
truck-mounted drilling equipment is assumed to be free and unencumbered.
Infiltration/Percolation Tests-An add-alternate fee is included to excavate and conduct shallow percolation tests
meeting Chandler requirements. Chandler now requires dual ring percolation tests per ASTM D3385 be conducted,
same as Maricopa County. This method requires a backhoe to excavate test pits, installation of large ring devices
and a minimum of 6 hours of continuous readings. Due to these requirements, only two tests per day can be
conducted by one person. Tests would be conducted at the proposed depths of the retention basins per the Grading
and Drainage plans.
We will mark the proposed boring locations in the field with the locations to be approved by the client and owner.
Speedie & Associates will take reasonable precautions to avoid damage to subterranean structures, pipelines and
utilities including calling AZ811 (Blue Stake) and reviewing all as-built utility plans provided by the client. The
client (and owner) agree Speedie & Associates is not responsible for any damages to underground structures,
pipelines and utilities that are not traceable, not called to our attention and/or correctly shown on the plans furnished
to Speedie & Associates.
Geotechnical • Environmental • Materials Engineers
pp
Dig Studio
Proposal No. 79528 S2
Tumbleweed Park-Pickle Ball Complex
Revised: May 26, 2023 - Page 2
We will analyze the data obtained from the previous field and laboratory testing and prepare an updated report
presenting all data obtained, together with our conclusions and recommendations regarding:
1. Design data, allowable bearing pressure and depth, for shallow spread footings.
2. Alternate foundation systems and design data, if indicated by soil conditions.
3. Settlement estimate for the foundation system.
4. Post-tensioned concrete court parameters.
5. Lateral pressures on temporary and permanent retaining and foundation walls.
6. Seismic Site Classification based on borings and published ground motion data.
7. Groundwater conditions, if any, to the depths which will influence design and/or construction of the
proposed development.
8. Swell potential of in-situ and compacted soils and recommendations for control if highly expansive.
9. On-site pavement design to provide economy and adequate service.
10. Suitability of site soils for use as compacted fill and preferred earthwork methods, including clearing,
stripping, excavation and construction of engineered fill.
11. Local excavation and trenching conditions and stability considerations.
12. Add-alternate: Chandler requirements for infiltration/percolation tests.
Charges for our services have been determined on the basis of our standard Fee and Rate Schedule, a copy of which
is attached and made a part hereof for any additional design work requested. We propose to provide the design
services set forth herein for the following lump sum amount, which includes all testing, engineering, reimbursable
expenses and one electronic pdf format file of the report emailed upon completion. Should we be informed that
hard copies of the report are needed, there will be an additional charge of $50.00 per report.
Description
Fee
Geotechnical Investigation with Report
$ 4,600.00
Accept Decline
Add-Alternate: Percolation Tests
$ 2,500.00 First Test1
$ 700.00 Additional Tests2
Accept # ___ Decline
Notes: 1 The first test incorporates the cost of the backhoe service.
2 Conducted on the same mobilization as the initial percolation test.
We have the staff available to begin work immediately upon notice to proceed. Once we finalize the boring location
plan, about 7 working days are required to mark, obtain utility clearances and begin auger borings. Fieldwork for
auger borings should take about one day (weather & access permitting) and lab testing about 4 weeks. The complete
report will be issued within 7 days of lab testing completion. As always, we stand ready to make reasonable
adjustments to this schedule to meet our clients' needs.
We appreciate the opportunity to submit this proposal for your consideration. If the terms set forth are satisfactory,
please sign the attached copy and return it for our records.
Respectfully submitted,
APPROVED AND ACCEPTED
SPEEDIE & ASSOCIATES, INC.
For: Dig Studio
By:
(Printed Name & Position)
Kenneth M. Euge II
Project Coordinator
(Signature) (Date)
Page 1 of 1
Initials ______
Revised 1/9/23
Initials ______
ENGINEERING SERVICES
2023 Fee and Rate Schedule
Fees for services will be based upon the time worked on the project at the following rates:
Title
Rate Per Hour
Principal
$ 180.00
Project Manager
140.00
Sr. Geologist/Engineer
140.00
Special Inspector (Architectural)
120.00
Project Engineer/Geologist
120.00
Environmental Specialist
100.00
Special Inspector (Structural/Geotechnical)
100.00
Staff Engineer/Geologist
100.00
Sr. Engineering Technician
80.00
Draftsman
75.00
Materials Testing Technician
70.00
Clerical/Administrative
60.00
REIMBURSABLE EXPENSES
Light Truck Mileage Rate: $0.50 per mile
The following items are reimbursable to the extent of actual expenses plus 25%:
1. Transportation, lodging and subsistence for out of town travel
2. Special mailings and shipping charges
3. Special materials and equipment unique to the project
4. Duplication or reprinting/copying reports
TEST BORINGS AND FIELD INVESTIGATIONS
On projects requiring test borings, test pits, or other explorations, the services of reputable contractors to perform
such work shall be obtained.
SUBCONTRACTORS/SUBCONSULTANTS CHARGES
Any charges for subcontractors/subconsultants are subject to a 25% handling fee if invoiced by Speedie &
Associates or such charges can be directly paid by the CLIENT.
SPECIAL RATES
The following rates may be subject to a 35% increase:
¾ Overtime – time over 8 hours per weekday and on Saturday
¾ Sunday and Holidays
¾ Rush orders
MINIMUM CHARGES
A three hour minimum is charged for field testing and inspection services.
EXPERT WITNESS
Deposition and testimony; 4-hour minimum, $250.00 per hour.
The following Terms and Conditions are included and hereto made a part of this agreement.
Page 1 of 2
Initials ______
Revised 1/9/23
Initials ______
TERMS AND CONDITIONS
1.
STANDARD OF CARE
In performing our professional engineering services, Speedie & Associates, LLC (S&A) will use the
degree of care and skill ordinarily exercised by members of our profession currently practicing in
the same locality under similar conditions. No warranty, expressed or implied, is made or intended
by our proposal for consulting services, our contract, oral or written reports, or services.
2.
SCOPE OF SERVICES
2.1
“ON-CALL” SERVICES
Unless otherwise agreed by both parties in writing, all construction materials testing will be
performed on an “on-call” basis. Both parties agree that test results for “on-call” testing, where the
CLIENT does not request S&A’s continuous construction and field observation, will be based only
on the representative sample or limited location tested.
2.2
CONSTRUCTION/FIELD OBSERVATION OR REMEDIATION OBSERVATION
If the CLIENT desires more extensive or full-time project observation to help reduce the risk of
problems arising during construction, the CLIENT shall request such services as “Additional
Services” in accordance with the terms of this agreement. Should the CLIENT for any reason
choose not to have S&A provide construction or field observation during the implementation of
S&A’s specifications or recommendations, or should the CLIENT unduly restrict S&A’s assignment
of observation personnel, CLIENT shall, to the fullest extent permitted by law, waive any claim
against S&A, and indemnify, defend, and hold S&A harmless from any claim or liability for injury or
loss arising from field problems allegedly caused by findings, conclusions, recommendations, plans
or specifications developed by S&A. CLIENT also shall compensate S&A for any time spent or
expenses incurred by S&A in defense of any such claim. Such compensation shall be based upon
S&A’s prevailing fee and rate schedule.
3.
OWNERSHIP OF DOCUMENTS
All reports, plans, specifications, field data, notes and other documents prepared by S&A shall
remain the property of S&A. Any reuse of such documents for other purposes must be with the
written consent of S&A.
4.
SAFETY
While on a CLIENT’S jobsite, S&A’s personnel have no authority to exercise any control over any
construction contractor, any other entity, or their employees in connection with their work, health or
safety precautions. The CLIENT agrees that the General Contractor is solely responsible for
jobsite safety and warrants that this intent shall be made evident in the CLIENT’S agreement with
the General Contractor. The CLIENT may be charged for additional work for interruption, downtime
required, or safety measures required by hazardous job conditions.
5.
INSURANCE
Upon request, S&A will furnish certificates of insurance for Workers Compensation, General and
Auto insurance, and Professional Errors or Omissions insurance. S&A is not responsible for
damage of any cause beyond the coverage of its insurance.
6.
INDEMNIFICATION
6.1
ENVIRONMENTAL SERVICES
It is understood and agreed that should the CLIENT hire S&A in matters involving the actual or
potential presence of hazardous substances, the CLIENT will indemnify S&A, and its employees
and representatives, from and against claims that are the result of negligent acts or omissions on
the part of the CLIENT, its employees or representatives. S&A will indemnify the CLIENT from and
against claims that are solely the result of negligent acts or omissions on the part of S&A, its
employees or representatives.
Page 2 of 2
Initials ______
Revised 1/9/23
Initials ______
6.2
NON-ENVIRONMENTAL SERVICES
Both parties agree that S&A’s scope of services will not include asbestos, hazardous or toxic
materials. Should it become known in any way that such materials may be present at the jobsite or
adjacent area that may affect the performance of S&A’s services, S&A may suspend its services
without any liability until the CLIENT retains appropriate consultation to identify, abate, and/or
remove the asbestos, hazardous or toxic materials and warrants that the jobsite is in compliance
with applicable laws and regulations. The CLIENT will indemnify S&A and his employees and
representatives from and against claims that are the result of negligent acts or omissions on the
part of the CLIENT, his employees and representatives. S&A shall indemnify the CLIENT from and
against claims, which are solely the result of negligent acts or omissions on the part of S&A, its
employees and representatives.
7.
LIMITS OF LIABILITY
The CLIENT agrees that S&A shall not be liable for losses caused by or arising from any acts of the
CLIENT, his employees or subcontractors. Should any of S&A’s employees be found to have been
negligent in the performance of professional services rendered, the CLIENT agrees that the
maximum aggregate amount of S&A’s liability shall be limited to $50,000.00 or the amount of the
fee paid to S&A for professional services, whichever amount is greater.
8.
WAIVER OF LIMITATION OF PROFESSIONAL LIABILITY
In the event the CLIENT is unwilling or unable to limit liability in accordance with the paragraph
above, then CLIENT shall agree to pay S&A a sum equivalent to an additional 20% of the total fee
to be charged for the professional services. Said sum is to be called “Waiver of Limitation of
Liability Charge.” This charge will in no way be construed as being a charge for insurance of any
type, but will be increased consideration for the greater risk involved in performing the work up to
the limit of proceeds available from S&A’s professional insurance coverage.
9.
SAMPLE DISPOSAL
9.1
NON-HAZARDOUS SAMPLES
Test samples are substantially altered during testing and are disposed of immediately upon
completion of tests. Drilling samples are disposed of thirty (30) days after submission of our report.
If requested in writing, samples can be held after thirty (30) days for an additional storage fee, or
returned to the CLIENT.
9.2
HAZARDOUS SAMPLES
If toxic or hazardous substances are involved, S&A will return such samples to the CLIENT. Or
using a manifest signed by the CLIENT, S&A will have such samples transported to a location
selected by the CLIENT for final disposal. The CLIENT agrees to pay all costs for storage,
transport and disposal of samples. The CLIENT recognizes and agrees that S&A is acting as a
bailee and at no time assumes title to samples involving hazardous or toxic materials.
10.
PAYMENT
Progress invoices will be submitted to the CLIENT monthly with a final billing at completion of
services. Invoices are due and payable upon receipt. The CLIENT agrees to pay a finance charge
of 1.5 % per month on all past due accounts over thirty (30) days. The CLIENT’S obligation to pay
for all work contracted is in no way dependent upon the CLIENT’S ability to obtain financing, zoning
approval, or the CLIENT’S successful completion of the project. S&A reserves the right to suspend
work under its agreement if the CLIENT fails to pay invoices as due. The CLIENT agrees to pay all
costs for collection of payment, including attorney’s fees.
11.
LITIGATION
In the event of litigation between parties to this agreement, if S&A is the prevailing party, S&A shall
be entitled to recover all related costs, expenses, and reasonable attorney fees.
GILLIAMARCHITECTURE, LLC
ARCHITECTURE + PLANNING + INTERIORS + ILLUSTRATION
40 W. Baseline Rd. #115| TEMPE | ARIZONA 85283
January 19, 2022 revised June 14, 2023
Attn: Mr. Jeff Lothner, PLA, ASLA
Senior Associate
Dig Studio
600 N. 4th St., Suite D
Phoenix, AZ 85004
Re:
Proposal for Architectural and Engineering Services
New Restroom at Tumbleweed Park
Jeff: We are pleased to submit this proposal for A/E services for your review and consideration. This proposal is
based on the information you provided in our discussion and email correspondence. Scope of services includes
Schematic Design, Design Development, Construction Documents, Permitting, and Construction Administration. If
requested, Post Construction Phase services will be provided under a separate scope of service.
A.
PROJECT SCOPE AND CRITERIA
1.
This project includes architectural, structural, mechanical plumbing, and electrical engineering services as
required for the addition of the new restroom building at the Tumbleweed Park in Chandler, AZ. For the
new restroom, it is the City’s request to use the same design and layout, as we recently developed for the
Tumbleweed Park in 2020, however modifying the number of stalls from ten (10) stalls to six (6) stalls. As
part of this scope we will update the design as needed to reflect the new layout.
2.
Civil and Landscape design and drawings will be provided by others, therefore excluded from this scope of
service. We will coordinate with Dig Studio as required during the design process. Cad files for the site
and building location layout will be provided by Dig Studio prior to the start of the design work.
3.
Structural engineering is included for the restroom building. Structural engineer will provide drawings and
calculations, and adapt drawings to reflect geotechnical recommendations for the soils condition at this
site and prepare drawings and calculations for the City’s plan review process. It is anticipated that the
building will have conventional spread footings with masonry walls.
Note: Special Structural Inspections will be required for this project. The structural engineer
estimates a maximum of 14 site visits and 42 hours for these inspections, but is contingent upon
the contractor’s scheduling, phasing, weather, and construction methods. We recommend
budgeting $4,000.00 for these inspections.
4.
Plumbing engineering is included for the restroom building, and include both water supply and waste water
plans to within 5’ outside of the building. It is assumed that adequate capacity is available to the project
site. Plumbing engineer will evaluate and revise, if needed, locations of the plumbing lines that will
connect to the existing site main lines.
5.
Same as Tumbleweed Park design; it is assumed that the new building will be open to the exterior and
that mechanical HVAC will not be required. If requested, or required this would be provided as an
additional service.
Dig Studio, Tumbleweed Park RR Bldg revised 6/14/2023
Page 2
6.
Electrical engineering and Lighting design is included for the restroom building. The electrical engineer
will provide drawings and coordinate connections and feeds to the site electrical services. Electrical power
and lighting designs will be same as provided for the Tumbleweed Park facility. It is assumed that
adequate power is available to the site.
7.
Special Fire Protection and fire alarm systems, if required will be provided by the general contractor or by
others as a deferred submittal, therefore excluded from this scope of services.
8.
As requested, upon completion of the Construction Documents, we will provide signed and sealed PDF
files for submittal to the City of Chandler’s plan review process. If required, additional submittals to other
agencies having jurisdiction over this project, are excluded.
9.
A Geotechnical / Soils will be required for the design of this project. This report will be provided by Dig
Studio, therefor excluded from this scope of service.
B.
BASIC SERVICES TO BE PROVIDED
I.
Schematic Phase:
a. Modify the previous Tumbleweed Park Restroom plans, and coordinate with new site location.
The proposed layout will be based on a similar design as provided in for the Tumbleweed Park,
however be adjusted to only six (6) stalls in lieu of ten (10) stalls.
b. If requested, includes up to two (2) meetings or virtual meetings with the client and owner during
this phase.
II. Design Development & Construction Drawings Phases:
a. Prepare and coordinate final set of Construction Drawings and specifications for construction and
for permit review.
b. Gilliam Architecture’s engineering consultants to finalize Structural, Plumbing Engineering, and
Electrical Engineering, documents for construction and permit review.
c. Provide Energy Compliance Calculations as required by code.
d. Includes up to two (2) meetings or virtual meetings with the client / owner during these phases.
III. Bidding & Permitting
a. Based on our understanding, Client to provide submittals to the City of Chandler for plan review.
If requested, we will assist in providing submittals to the City.
b. Respond to reasonable City comments as required to obtain permit.
c. Provide PDF files for a bid Set for Clients or Owner’s use in obtaining bids from General
Contractors, and respond to general contractor’s questions regarding construction documents.
IV. Construction Administration & Post Construction Services
a. Provide in-house review of shop drawings and submittals.
b. In-house construction administration, including response to contractor RFI’s, questions, and
interpretation and clarification of the documents, and perform general communication with Client
and Owner.
c. Architect to attend bi-weekly site visits / observations (every 2 weeks) up to six (6) total based on
a three (3) month construction schedule.
d. If requested, includes one (1) site visit each from the Structural, Mechanical & Electrical
engineers during construction.
Dig Studio, Tumbleweed Park RR Bldg revised 6/14/2023
Page 3
e. Includes one (1) site visit for final punch list walk with the Client, Owner and Contractor with the
architect and the mechanical and electrical engineers. If requested, architect to attend one (1)
punch list follow-up site walk.
C.
ADDITIONAL SERVICES The following services are not included under Basic Services, and would be
provided for a separate fee or on an hourly basis if requested by the Owner.
1.
A change in the project scope or criteria, or making revisions to the design or drawings inconsistent with
previously furnished information or approvals.
2.
Design of other special systems, equipment, or manufacturing areas, storage systems, foodservice or
kitchen equipment, or other special systems or equipment not previously mentioned.
3.
Design of other future buildings or remodeling of the existing building. If requested, these can be provided
at an additional service fee.
4.
Additional meetings or presentations beyond those described in Section B above.
5.
Post construction services or preparation of as-built drawings (the contractor will provide a set of as-built
drawings, or provided under a separate CA services agreement).
6.
Field engineering including site surveys, topographic surveys, construction staking, special structural
inspection, or material testing (these services will be provided by the contractor).
7.
Civil engineering or landscaping design services, coordination or permitting.
8.
Structural engineering design or preparation of separate structural engineering drawings or calculations
for other building components other than indicated in sections A & B.
9.
As-Builts of the project area are assumed to be accurate; any changes in project scope due to
inaccuracies will be an additional service.
10.
The design of fire sprinkler system, this will be by the Installer or General Contractor.
11.
Coordination or Design of special Signage or Sign permitting other than those integral to the overall
building design or required by code.
12.
Special studies or reports not listed above such as (sound, traffic, environmental, structural, geotechnical,
or seismic) these will be provided by the owner or general contractor.
13.
Permitting, planning for environmental remediation or cleanup.
14.
Test and balance services, these to be provided by the contractor.
15.
Special engineering / structural inspections. These will be provided by the contractor or owner.
16.
Excludes County, State or Federal Environmental EPA / ADEQ permitting. It is assumed this will be
performed by the owner or by others.
17.
Plan Review and Permit fees.
Dig Studio, Tumbleweed Park RR Bldg revised 6/14/2023
Page 4
18.
LEED design, coordination, or LEED certification.
19.
Specialty design of ‘smart’ systems, infection control products, or biophilic design technologies. If
requested, these services could be provided as an additional service, or at our typical hourly rate.
20.
Design, coordination, or drawings for shade structures, water features, or other site amenities.
D.
FEE SUMMARY
Fee is based on averaged anticipated hours for each firm personnel. See rate schedule below.
Project Phase / Discipline
Fee
1. Schematic Design Phase
a. Architectural (14 hrs. x $140 / hr.)
$1,960
2. Design Development & Construction Documents
$18,270
Includes design development level construction estimate
a. Architectural (58 hrs. x $145 / hr. = $8,410)
b. Structural (27 hrs. x $170 / hr. = $4,590)
c. MPE (31 hrs. x $170 / hr. = $5,270)
3. Bidding and Permitting Phase
$1,120
Includes delivery of electronic cad files
a. Architectural (8 hrs. x $140 / hr. = $1,120)
4. Construction Administration Phase
$6,980
a. Architectural (20 hrs. x $145 / hr. = $2,900)
b. Structural (16 hrs. x $170 / hr.= $2,720)
c. MEP (8 hrs. x $170 / hr. = $1,360)
**Recommended budget for special structural inspections ($4,000)
TOTAL – BASIC SERVICES
$28,330*
* (Excludes plan review & permit fees, or other reimbursable expenses)
** (Excludes Special Inspections paid by contractor)
E.
Hourly Rate Schedule
Fees as indicated above are based on our typical hourly rates as indicated below.
PERSONNEL
HOURLY RATE
Principal………………………………….... $175.00
Senior Engineer / Manager………….…… $175.00
Project Manager/Architect………………… $145.00
Designer / Interior Designer………………. $140.00
Job Captain…………………………………. .$135.00
Cad Drafter………………………………….. $120.00
Clerical………………………………………….$85.00
Dig Studio, Tumbleweed Park RR Bldg revised 6/14/2023
Page 5
REIMBURSABLES
Travel, Subsistence & Misc. Expensescost + 15%
Permit Fees ............................... cost + 15%
Outside Reproduction Services cost + 15%
Overnight mail & Delivery ......... cost + 15%
Subcontracted Services ............ cost + 15%
Mileage…………………………...($.655 per mile or as adjusted by the IRS)
E.
OTHER CONDITIONS
1.
Upon acceptance of this proposal, we will prepare a standard AIA Owner / Architect Agreement or similar
contract between Dig Studio and Gilliam Architecture LLC.
2.
Our fee would be billed on a monthly basis in proportion to services performed through that date. Billings
will be due and payable within 30 days of the invoice date. Invoices that remain unpaid beyond 60 days
will accrue a service charge at the rate of 1.5% per month.
3.
This proposal is valid for up to thirty (30) days of issuance of this proposal.
We look to the opportunity to work with Dig Studio on this important project. If there are any questions or concerns
with this proposal, please let me know, as we are flexible and want to provide the level of service that best meets
your needs. Thank you for your consideration.
Sincerely,
Randy J. Gilliam, NCARB, RA
Principal
T. 480-236-1228
Accepted by the Client
Authorized signature
Printed name and title
Date
G I L L I A M A R C H I T E C T U R E , L L C
T e r m s a n d C o n d i t i o n s
G i l l i a m A r c h i t e c t u r e , L L C A g r e e m e n t f o r A r c h i t e c t u r a l S e r v i c e s
Project Location:
Tumbleweed Park Restroom Building for City of Chandler
Dig Studio hereafter referred to as the Client, and Gilliam Architecture, LLC., hereafter referred to as the
Architect, agree as follows:
1.
Architect's Basic Services: The Architect's basic services are as stated on the attached services agreement letter
and/or Pricing Worksheet.
2.
Architect's Additional Services: The Architect's additional services are all services rendered other than those
specifically defined as basic services described above. They include but are not limited to, changes in design,
whether at the request of the Client, Architect's, Agency or Contractor's request upon prior approval by the
Client, Architect shall be paid as set forth in paragraph 3a, unless otherwise agreed in writing.
3.
Compensation:
a. PERSONNEL
HOURLY RATE
Principal/Sr. Engineer ............................ $175.00
Engineer................................. ………… $175.00
Project Manager/Architect ..................... $145.00
Designer / Interior Designer...................$140.00
Job Captain ............................................ $135.00
Cad Drafter............................................. $120.00
Clerical..................................................... $85.00
REIMBURSABLES
Travel, Subsistence & Misc. Expenses cost + 15%
Permit Fees ........................................ cost + 15%
Outside Reproduction Services ......... cost + 15%
Overnight mail & Delivery ................. cost + 15%
Subcontracted Services ...................... cost + 15%
Mileage .............................................. $.655 (per
mile or as adjusted by the IRS)
b. Architect's invoices which are in excess of any Client retainers are due within 30 (thirty) days from invoice
date. A late charge of 1.5% per month shall be charged for invoice(s) not paid within 30 (thirty) days from
invoice date. Failure to pay: If invoice(s) become past due over 60 (sixty) days, from invoice date, Architect
shall have the unilateral and unequivocal right to suspend performance of services under this agreement and
withhold its instruments of service without liability for delay or for consequential or other damages which may
result therefrom.
c. No deductions shall be made from Architect's compensation on account of penalties, liquidated damages, or
other sums withheld from payments to contractors, or on account of the cost of changes in construction other
than those for which the Architect has been found legally liable.
d. If all or a portion of the project designed by the Architect hereunder is abandoned or suspended or is not
completed, Architect nevertheless shall be paid for all work performed prior to written notification by Client
of such abandonment or suspension or non- completion; this payment is to include all reimbursable costs
accrued to that point in time. Payment of Architect is not in any way conditioned upon the use or incorporation
of Architect's designs into the project or project approval by governing agencies (i.e. Local Planning or Building
Departments).
e. Client acknowledges that in the event Client fails to pay Architect in full for services rendered upon
completion of the project, Architect has the right to any lien rights it may have pursuant to all applicable
provisions of the law. In the event Architect elects to terminate this agreement for failure of payment, Architect
has the right and moral responsibility to notify any government agency that the Architect will be removed
from the Architect of record which may cause client substantial delays in construction up to and including
a cease order for construction, producing new documents and re-permitting the project through government
jurisdictions.
f. Client may terminate this Agreement with seven days prior written notice to Architect for convenience or
cause. Architect may terminate the Agreement for cause with seven days prior written notice to Client.
4.
Use of Electronic Media: Copies of documents that may be relied upon by Client are limited to the printed
copies (also known as hard copies) that are signed or sealed by Architect. Files in electronic media format or
text, data, graphic or other types that are furnished by Architect to Client are only for convenience of Client. Any
conclusions or information obtained or derived from such electronic files will be at the user’s sole risk. When
transferring documents in electronic media format, Architect makes no representations as to long -term
compatibility, usability, or readability of documents resulting from the use of software application packages,
operating systems or computer hardware differing from those in use by Architect at the beginning of this
assignment.
5.
Limitation of Liability. The Architect shall be responsible only for its own performance and work product and
shall not be responsible for any and all delays, damages or costs to the extent they are caused by others, including
but not limited to the Client or its design consultants, contractors or material suppliers. In recognition and
equitable allocation of the relative risks and benefits of the project, the Client agrees to limit the liability of
Architect and its owners, officers, directors, employees, agents, and sub-consultants to the Client for Architect’s
negligent acts, errors or omissions, such that the aggregate liability of the Architect and its sub-
consultants to the Client shall not exceed the total fees for services rendered by the Architect and its sub-
consultants, in the aggregate, on the Project.
6.
Specification of Materials: The Client understands and agrees that products or building materials which are
permissible under current building codes and ordinances may, at some future date, be banned or limited in use in
the construction industry because of presently unknown hazardous characteristics. The Client agrees that if any
such product or material specified for this project shall, at any future date, be suspected or discovered to be a
health or safety hazard, then the Client agrees to waive all claims against the Architect, and to indemnify and
hold them harmless from any damage, liability or cost, including reasonable attorney's fees, arising in any way
from the specification or use of any such product or material, excepting only those damages, liabilities or costs
attributed to the sole negligence or willful misconduct of the Architect.
7.
Construction Observation: It should be understood that construction observation is strongly advised in order to
minimize problems during construction due to changed conditions, conditions not previously known, conflicts
among trades, errors or omissions by Contractors, designers or suppliers or others. Should the Architect not be
retained to review construction, or should review of construction be unduly restricted, the Client agrees to waive
all claims against the Architect, and to indemnify and hold the Architect harmless from any damage, liability or
cost, including reasonable attorney's fees, to the extent allowable by law, and resulting in any way from problems
during or after construction that allegedly result from work by the Architect. In such case, time expended by the
Architect to resolve problems will be billed as additional services.
8.
Indemnity: Architect will indemnify, defend and hold harmless Client and Client’s principals and employees
to the extent of Architect’s fault from any and all claims and/or liabilities that were caused by Architect’s sole
negligence or wilfull misconduct in the performance of the services called for by this Agreement. Should
Architect be subjected to claims and/or become involved in litigation concerning the project for any reason
other than as a direct result of Architect’s sole negligence or wilfull misconduct, then Client agrees to defend,
indemnify and hold harmless Architect and Architect’s sub-consultants and their respective principals and
employees, to the fullest extent allowed by law, from and against any such claims and/or litigation, including
attorneys’ fees and costs of litigation.
9.
Ownership of Documents: All documents prepared or furnished by Architect pursuant to this Agreement are
instruments of Architect’s professional service, and Architect shall retain an ownership and property interest
therein. Architect grants client a license to use instruments of Architect’s professional service for the purpose
of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by
Client, without Architect’s written permission, shall be at Client’s sole risk, and Client agrees to indemnify and
hold Architect harmless from all claims, damages and expenses, including attorney’s fees, arising out of such
reuse by Client or by other acting through Client.
10. Mediation Requirement: Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to the filing of a lawsuit or demand for
arbitration. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held
in the County where the Project is located unless another location is mutually agreed upon by the parties. Any
agreements reached in the mediation shall be enforceable as a settlement agreement in any court having
jurisdiction thereof. A demand for mediation shall be made within a reasonable period of time after the claim;
dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the
date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in
question would be barred by the applicable statute of limitations.
11. Standards of Practice: It is understood and agreed that the nature of the design process is such that the plans,
specifications and other documentation prepared by the Architect/Engineer under this Agreement will inevitably
contain ambiguities requiring clarification and/or correction during construction. Not only is the production of
perfect documents an impossibility, but some design decisions are more efficiently deferred, for the benefit of
the Client, to a point during construction at which they can be made in light of a clear understanding of actual
field conditions.
12. Opinions of Cost: When included in Architect’s scope of services, opinions or estimates of probable
construction cost are prepared on the basis of Architect’s experience and qualifications and represent
Architect’s judgment as a professional generally familiar with the industry. However, since Architect has no
control over the cost of labor, materials, equipment or services furnished by others, over contractor’s methods
of determining prices, or over competitive bidding or market conditions, Architect cannot and does not guarantee
that proposals, bids, or actual construction cost will not vary from Architect’s opinions or estimates or probable
construction cost.
13. Successors and Assignments: The Client and the Architect each binds himself, his partners, successors, legal
representative, and assigns to the other party in this agreement. Neither the Client nor the Architect shall assign
or transfer his interest in this agreement without the written consent of the other.
14. Force Majeure: Neither party shall be deemed in default of the Agreement to the extent that any delay or
failure in the performance of its obligations results from any cause beyond its reasonable control and without its
negligence.
CLIENT APPROVAL
_/_ _/
Approved
Title
Date
August 11, 2023
Mr. Jeff Lothner, PLA, ASLA
DigStudio
600 N. 4th St., Suite D
Phoenix, AZ 85004
Re:
Proposal for Engineering Services (Revision 4)
Tumbleweed Park Pickleball Complex
Gavan & Barker No. P2201
Dear Jeff:
The following is our revised proposed scope of work and fee to provide civil engineering
services for the new pickleball court complex and additional tennis courts at Tumbleweed
Park in Chandler.
SCOPE OF WORK
The attached scope of work itemizes the work to be done.
PROPOSED FEE
Our proposed fee for the scope of work is $71,220, plus our survey subconsultant fee of
$10,250, for a total proposed fee of $81,470; please refer to the attached Project Estimating
Sheet.
Thank you for the opportunity to submit this proposal and please call me if you have any
questions.
Sincerely,
Gavan & Barker, Inc.
Mark T. Gavan, P.E.
Project Manager
Enclosures
Page 1 of 3
SCOPE OF WORK
Tumbleweed Park Pickleball Courts
Gavan & Barker No. 2201
PROJECT DESCRIPTION
This project is the addition of a pickleball court complex and additional tennis courts in the northeast
corner of the City of Chandler’s Tumbleweed Park located at Germann and McQueen Roads. The design
elements of this project may include the pickleball court complex; including approximately 18 pickleball
courts, restroom, ramada, and parking lot for approximately 75-100 vehicles, and an additional 3 tennis
courts to complete the tennis court complex. It is understood that these elements will be developed on 3-5
acres, and planning of future amenities will be provided for the remaining undeveloped corner of the park.
This proposal is for civil engineering design services for the project which include site topographic
survey, grading and drainage plans, drainage report, restroom water and sewer, and storm water
management plans.
TASKS
1.
General Management/Meetings – Gavan & Barker will coordinate and attend meetings with client
and the City’s project manager, as required. Three on-line meetings and one on-site meeting are
anticipated for this project. The Consultant will also coordinate with the Planning Department to gain
approval of the grading and drainage, and water and sewer plans for the project.
2.
Research/Data Collection – Gavan & Barker will review the City of Chandler’s as-built plans of
waterlines, sewer lines, storm drains, irrigation, tennis courts, and rights-of-way, and will gather and
review all pertinent utility maps and other project related information. We will review geotechnical
report and incorporate recommendations for earthwork and pavement design into the plans.
3.
Topographic Survey and Base Sheets - A topographic field survey will be conducted, and a CAD
base file will be prepared for the entire 20+/- acre undeveloped parcel in the northeast corner of
Tumbleweed Park. This base file will incorporate the utilities and rights-of-way of record. (See
attached scope of work for the topographic survey prepared by RICK Engineering).
4. Schematic Design (30% Documents)
4.1. Preliminary drainage calculations will be prepared based on a schematic layout provided by
client to determine the required storm water retention volume for the new facilities, and area
required for the storm water storage basins. Coordination will be provided to assist client in the
development of the site plan based on grading and drainage requirements.
4.2. Schematic Plans: Based on a site layout plan provided by client, Gavan & Barker will prepare
schematic plans representing design intent for the site grading, drainage, water, and sewer
design. Documents will be provided in electronic format and will include Schematic Grading &
Drainage Plans, and Schematic Water & Sewer Plans.
4.3. Schematic Design Cost Estimate will be prepared for the restroom water and sewer services,
and cost estimating assistance will be provided to client to establish unit costs for grading and
drainage pavements and curb items as needed.
Page 2 of 3
5. Design Development (60% Documents)
5.1. Preliminary Drainage Report - A preliminary report will be prepared including documentation
of the required storm water retention volume for the new facilities. This report will also
document contributing offsite flows which may be conveyed through the project site.
5.2. Preliminary Grading and Drainage Plans - Grading and drainage plans will be prepared to
provide vertical control for curb, pavement and sidewalk elevations, restroom finished floor
elevation, court elevations, and stormwater retention areas. Grading and drainage details will be
provided for items not covered with MAG or City standard details. The grading plan will be
prepared to meet the requirements of City Plan Review.
5.3. Preliminary Site Water and Sewer Plan – A water and sewer plan will be prepared for the new
restroom building. It is assumed the new water and sewer service lines will be connected to the
internal park road and that offsite water and sewer plans will not be required in the McQueen
Road right-of-way.
5.4. Design Development Cost Estimate will be prepared for the restroom water and sewer
services, and cost estimating assistance will be provided to client to establish unit costs for
grading and drainage pavements and curb items as needed.
6. Construction Documents (90% and 100% Design Submittals)
6.1. Final Grading, Drainage, Water and Sewer permit-ready, biddable construction documents
shall be prepared for the above referenced civil plans describing in detail the construction
requirements for the project. Plans will be prepared per City of Chandler standards. In addition,
the following plans/tasks shall be provided for the construction documents:
6.2. Storm Water Management Plans will be prepared to provide erosion control BMPs for the site
construction area as required by City Plan Review.
6.3. Final Technical Specifications will be prepared for unique items of civil work that are not
covered by MAG, or the City of Phoenix Supplements to MAG Standard Specifications.
6.4. Final Drainage Report will be prepared that incorporates any comments obtained from the City
and any revisions to the drainage design.
ASSUMPTIONS AND EXCLUSIONS
a.
The plans produced by Gavan & Barker will be in AutoCAD format and will utilize the site plan
digital file(s) provided by client. Any changes to the site plan will also be provided to Gavan &
Barker in AutoCAD format.
b.
Adjustments to the existing irrigation system will be provided by client.
c.
Site Construction Plans – Site construction plans which call out site features, locations, and project
details will be provided by client.
Page 3 of 3
d.
Geotechnical Engineering - Soils investigations or testing are not included in the scope of our
services. The client shall provide Gavan & Barker with a geotechnical report which shall include
infiltration test data and pavement recommendations.
e.
Off-Site Improvements - Due to the project’s internal park site location, it is understood that there
will not be a need for off-site roadway improvements, such as driveway cuts or roadway widening on
Germann or McQueen Roads.
f.
Legal Descriptions - Due to the project’s internal park site location, it is understood that there will
not be a need for right-of-way take or abandonments, Therefore, legal descriptions and exhibits for
new right-of-way are not included in the scope of our services.
g.
Utility Coordination – It is assumed that the client will coordinate with the public and private utility
companies for conflict review.
h.
Agency Fees - The client will pay all agency review fees and permit fees.
i.
Reproduction costs for making plan review sets and bid sets will be paid by the client.
f.
Structural Engineering - The client will provide structural design of any required retaining walls, or
other features requiring structural engineering design.
PROJECT ESTIMATING SHEET
Tumbleweed Park Pickleball & Tennis Courts - Grading, Drainage, Water & Sewer
Type of Work
Senior Project
Civil
Total Direct
And Task
Manager
Engineer
Designer
Labor Fees
Hrs
165 Hrs
145 Hrs
115 Hrs
Dollars
1.0 GENERAL
1.1
Meetings, Mgmt & Coordination
16
2,640.00
8
1,160.00
0
-
24
3,800.00
2.0
RESEARCH / DATA COLLECTION
2.1
Data Collection
2
330.00
4
580.00
2
230.00
8
1,140.00
2.2
Site Visits
2
330.00
2
290.00
2
230.00
6
850.00
3.0
TOPOGRAPHIC SURVEY
3.1
Base Sheet Preparation.
2
330.00
6
870.00
56
6,440.00
64
7,640.00
3.2
Field Survey
2
330.00
-
4
460.00
6
790.00
4.0
SCHEMATIC DESIGN / SITE PLAN
4.1
Preliminary Drainage calculations
2
330.00
16
2,320.00
6
690.00
24
3,340.00
4.2
Schematic G&D Plans
4
660.00
14
2,030.00
40
4,600.00
58
7,290.00
4.2
Schematic Design Cost Estimate
2
330.00
4
580.00
4
460.00
10
1,370.00
5.0 DESIGN DEVELOPMENT
5.1
Preliminary Drainage Report
4
660.00
28
4,060.00
12
1,380.00
44
6,100.00
5.2
Preliminary Grading and Drainage Plans
8
1,320.00
32
4,640.00
60
6,900.00
100
12,860.00
5.3
Preliminary Water and Sewer Plans
4
660.00
6
870.00
20
2,300.00
30
3,830.00
5.4
Design Development Cost Estimate
2
330.00
4
580.00
6
690.00
12
1,600.00
6.0
CONSTRUCTION DOCUMENTS (90% / 100%)
6.1
Final Grading, Drainage, Water, Sewer Plans
12
1,980.00
32
4,640.00
56
6,440.00
100
13,060.00
6.2
Storm Water Management Plans
2
330.00
4
580.00
12
1,380.00
18
2,290.00
6.3
Final Technical Specifications
6
990.00
12
1,740.00
0
-
18
2,730.00
6.4
Final Drainage Report
2
330.00
12
1,740.00
4
460.00
18
2,530.00
TOTALS BASIC FEE
72
11,880.00
$
184
26,680.00
$
284
32,660.00
$
540
71,220.00
$
7.0 SUBCONSULTANTS
7.1
Field Survey (Rick Engineering)
10,250.00
TOTAL SUBCONSULTANTS
10,250.00
$
TOTAL AMOUNT
81,470.00
$
Senior
January 12, 2022
Revised August 9, 2023
John Barker, PLA, ASLA
Gavan & Barker, Inc.
3030 North Central Avenue, Suite 700
Phoenix, Arizona 85012
Phone: (602) 200-0031
jbarker@gavanbarker.com
SUBJECT: Tumbleweed Park Pickle Ball Area, Chandler, Arizona
Dear John:
Rick Engineering Company is pleased to submit this proposal to provide professional surveying services
for the above referenced property.
Figure 1 - Survey Limits (Red) (See Figure 2 for additional survey limits)
Page 2 of 8
C:\RICK\Departments\Survey\PHX\_Pursuits\PROPOSALS\Gavan&Barker_TumbleweedParkPickleBallArea_ChandlerAZREV1.doc
Figure 2 – Additional Survey Limits (Red)
TOPOGRAPHIC SURVEY FOR DESIGN (Figure 1 & Figure 2)
x
Location and elevation of existing surface utilities and improvements within the survey limits.
x
Plot the approximate locations of the underground utility lines according to the record agency maps
available at the time of the survey.
x
Full width cross sections at 50-foot intervals of roadways within Survey Limits.
x
Elevations at a 50-foot grid (100-foot grid in farm field) and at grade breaks, top and bottom of slopes
and other defining features of the ground surface.
x
Contours will be provided at 1-foot intervals.
x
Locate and show existing trees.
x
All elevations will be on City of Chandler Datum tied to 2 Benchmarks.
x
Provide topographic base map in electronic format to be used for Design.
FEE
Rick Engineering Company will provide the above services for a fee of $10,250.00. Any printing and
miscellaneous processing fees are extra and not a part of this agreement.
Page 3 of 8
C:\RICK\Departments\Survey\PHX\_Pursuits\PROPOSALS\Gavan&Barker_TumbleweedParkPickleBallArea_ChandlerAZREV1.doc
TIMELINE
Rick Engineering Company will provide the above services in approximately 25-30 working days from
notice to proceed and receipt of title commitment.
PROPOSAL ASSUMPTIONS:
1.
Video or in-person meetings requested by the client shall be billed T&M beyond the fee noted above.
2.
Any printing and miscellaneous municipal processing fees are extra and not a part of this agreement.
3.
This fee assumes there are no additional survey requirements other than what is stated above in this proposal.
4.
Authorized overtime will be charged 1.5 times the rates shown on the attached rate sheet.
5.
A 15% fee for administration, coordination and handling will be added to all subcontracted services.
6.
Legal Descriptions and Exhibits, if necessary, will be drafted at $700 per occurrence.
Client Initials_____
Sincerely,
Eric Sostrom, RLS
Land Surveyor
Associate, Survey Manager
Ryan Hall,
Survey Manager
ACCEPTED THIS DAY OF , 2023
BY: ________________________________________________________________
CLIENT
Invoices for this project to be addressed to:
Company: _______________________________________________________________________
Address: ________________________________________________________________________
City/State/Zip: __________________________________________________________________
Telephone: ___________________________________ Email: ________________ ____________
Contact person: __________________________________________________________________
Please complete, sign, and return a copy to Rick Engineering Company
#B22-0030
ELECTRICAL ENGINEERING & LIGHTING DESIGN
165 EAST CHILTON y CHANDLER, ARIZONA 85225 OFFICE: 480-497-5829 FAX: 480-497-5807
www.wrightengineering.us
August 14, 2023
Dig Studio, Inc.
600 N. 4th St.
Suite D
Phoenix, AZ 85004
Re:
Tumbleweed Park Pickleball Courts
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.
2.
Visit the site to determine existing conditions and electrical configuration. Up
to (1) one visit.
3.
Review existing electrical drawings and load calculations for site.
4.
Determine existing peak demand loads and coordinate proposed electrical
loads.
5.
Design the electrical power system to meet local codes and requirements.
6.
Prepare 24” X 36” electrical construction drawings including an overall site
plan showing all new equipment to include the following:
a.
Electrical service entrance section and distribution equipment
b.
Control equipment
c.
Area lighting
d.
Ramadas (one light and convenience receptacle)
e.
Monuments (internal / external illumination)
f.
Parking lot lighting
g.
Pickleball court lighting for (18) courts
h.
Tennis court lighting for (3) courts
i.
Convenience receptacles
j.
Power to irrigation controller
k.
Power to chilled drinking fountain
l.
Power to restroom/concession building
m. Lighting and electrical design for restroom/concession building
Tumbleweed Park Pickleball Courts
Page 2 of 6
August 14, 2023
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 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 60%, 90% and 100% levels for
submittal review and comment. Submittals will be made via email in digital
PDF format. Client will print, copy and submit to the City and owner as
needed.
18. Up to one set of base drawing changes or updates will be included in this
engineering cost proposal. Incorporating any additional base drawing
changes will incur additional cost at the rates noted under additional
services.
19. Municipal review comments will be responded to and addressed.
Responsibilities of Others:
1.
Provide Wright Engineering Corp. electronic base files in an AutoCAD
format which includes all proposed and existing utilities, all proposed
improvements, and any existing conditions that affect this scope.
2.
Wright Engineering will submit plans to the civil engineer or landscape
architect for submittal to the local government agencies for approval and
permits.
3.
Designation of electrical service location will be determined by the local
utility company. The owner is responsible for coordination of the design of
all electrical utility power services during the design process.
Final Deliverables:
1.
Upon completion of the design, we will provide final sealed documents
bearing the signature of a registered electrical engineer in the State of
Arizona.
Tumbleweed Park Pickleball Courts
Page 3 of 6
August 14, 2023
Engineering Fee:
The above services will be provided as follows:
1.
Electrical Design Services: $32,155.00 (Billed Hourly, Not to Exceed)
2.
Allowance for structural calculations if required: $1,500.00 (Lump Sum)
Please Note: Services as stated above can be provided in whole or part to meet
client needs.
*Any engineering or services fees requested to be paid by credit card will be
charged an additional 4.25% for processing.
Additional Services:
Any services not specifically included in the Scope of Services section shall be
additional services payable at an hourly fee at the following rates:
Principal
$180/hour
Designer
$115/hour
Senior Engineer
$160/hour
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. If you have any questions,
please contact us at your earliest convenience.
I look forward to working with you on this project. Please show your acceptance
of this proposal by signing below and returning one copy for my records.
Sincerely,
Clifford Tolman, P.E.
Wright Engineering Corporation
Tumbleweed Park Pickleball Courts
Page 4 of 6
August 14, 2023
I have received and read Appendix ‘A’ and agree to all terms and conditions as
outlined in Appendix ‘A’ and this proposal. By signing, the proposal becomes the
agreement and is executed.
Accepted this day of 2023
__________________________________
(Company Name)
__________________________________
(Signature)
__________________________________
(Print or Type Name)
__________________________________
(Title)
Client Billing Information:
Contract/AP Contact Name: _________________________________________
Address: ________________________________________________________
Business Phone: _________________ Mobile Phone: ____________________
Email:___________________________________________________________
It is our desire to keep communication flowing freely. To contact us for contract
information or accounts payable information, please email Cami Penrod at
cpenrod@wrightengineering.us or call us at 480-497-5829.
The Client agrees that the
technical methods, techniques,
and
pricing
information
contained
in
any
proposal
submitted
by
Wright
Engineering pertaining to this
project or in this Agreement or
any addendum thereto, are to be
considered
confidential
and
proprietary, and shall not be
released or otherwise made
available to any third party
without the express written
consent of Wright Engineering.
Tumbleweed Park Pickleball Courts
Page 5 of 6
August 14, 2023
Appendix ‘A’
Terms and Conditions
Certifications
Wright Engineering Corp. shall not be required to execute any document that would result in its
certifying, guaranteeing or warranting the existence of conditions whose existence Wright
Engineering Corp. cannot ascertain.
Termination of Services
This agreement may be terminated by the Client or Wright Engineering Corp. should the other fail
to perform its obligations hereunder. In the event of termination, the Client shall pay Wright
Engineering Corp. for all service rendered to the date of termination and all reimbursable
expenses.
Ownership of Documents
All documents produced by Wright Engineering Corp. under this agreement shall remain the
property of Wright Engineering Corp. and may not be used by the Client for any other endeavor
without the written consent of Wright Engineering Corp.
Billings/Payments
Invoices for Wright Engineering Corporation services shall be submitted, at Wright Engineering
Corporation’s option, either upon completion of such services or on a monthly basis. Invoices
shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days,
Wright Engineering Corporation may, without waiving any claim or right against the Client, and
without liability whatsoever to the Client, terminate or suspend the performance of the service.
Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of
one-and-one-half percent (1.5%) (or the maximum rate allowed by law, whichever is less) on the
then unpaid balance. In the event any portion, or all of an account remains unpaid 90 days after
billing, the Client shall pay all costs of collection including reasonable attorney’s fees.
Unauthorized Changes
In the event the Client, the Client’s contractors or subcontractors, or anyone for whom the Client
is legally liable makes or permits to be made any changes to any reports, plans, specifications or
other construction documents prepared by Wright Engineering Corp. without obtaining Wright
Engineering Corporation’s prior written consent, the Client shall assume full responsibility for the
results of such changes. Therefore, the Client agrees to waive any claim against Wright
Engineering Corp. and to release Wright Engineering Corp. from any liability arising directly or
indirectly from such changes. In addition, the Client agrees, to the fullest extent permitted by law,
to indemnify and hold harmless Wright Engineering Corp. from any damages, liabilities or costs,
including reasonable attorneys’ fees and costs of defense, arising from such changes. In addition,
the Client agrees to include in any contracts for construction appropriate language that prohibits
the Contractor or any subcontractors of any tier from making any changes or modifications to
Wright Engineering Corporation’s construction documents without the prior written approval of
Wright Engineering Corp. and that further requires the Contractor to indemnify both Wright
Engineering Corp. and the Client from any liability or cost arising from such changes made
without such proper authorization.
Permits and Approvals
It is the responsibility of the Client to obtain all permits and approvals normally required by law for
projects similar to the one for which Wright Engineering Corporation’s services are being
engaged. Wright Engineering Corp. may assist the Client as requested in applying for those
permits and approvals for an additional fee. This service is not included in the Basic Services of
this Agreement.
Tumbleweed Park Pickleball Courts
Page 6 of 6
August 14, 2023
Construction Supervision
The Consultant shall not supervise, direct or have control over the Contractor’s work nor have
any responsibility for the construction means, methods, techniques, sequences or procedures
selected by the Contractor nor for the Contractor’s safety precautions or programs in connection
with this Work. These rights and responsibilities are solely those of the Contractor in accordance
with the Contract Documents. The Consultant shall not be responsible for any acts or omissions
of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or
employees of any of them. The Consultant does not guarantee the performance of the Contractor
and shall not be responsible for the Contractor’s failure to perform its Work in accordance with the
Contract Documents or any applicable laws, codes, rules or regulations.
Changed Conditions
If, during the term of this Agreement, circumstances or conditions that were not originally
contemplated by or known to the Consultant are revealed, to the extent that they affect the scope
of services, compensation, schedule, allocation of risks or other material terms of this Agreement,
the Consultant may call for renegotiation of appropriate portions of this Agreement. The
Consultant shall notify the Client of the changed conditions necessitating renegotiation, and the
Consultant and the Client shall promptly and in good faith enter into renegotiation of this
Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree
that either party has the absolute right to terminate this Agreement, in accordance with the
Termination provision hereof.
Attorneys’ Fees
In the event of any litigation arising from or related to this Agreement or the services provided
under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing
party all reasonable costs incurred, including staff time, court costs, attorneys’ fees and all other
related expenses in such litigation.
Mediation
In an effort to resolve any conflicts that arise during the design and construction of the Project or
following the completion of the Project, the Client and the Consultant agree that all disputes
between them arising out of or relating to this Agreement or the Project shall be submitted to non-
binding mediation unless parties mutually agree otherwise.
Proprietary Information
The Client agrees that the technical methods, design details, techniques and pricing data
contained in any material submitted by Wright Engineering Corp pertaining to this Project or this
Agreement shall be considered confidential and proprietary, and shall not be released or
otherwise made available to any third party without the express written consent of Wright
Engineering Corp.
Indemnification
The Consultant and the Subconsultant mutually agree, to the fullest extent permitted by law, to
indemnify and hold each other harmless against all damages, liabilities or costs, including
reasonable attorneys’ fees and defense costs, arising from their own negligent acts in the
performance of their services under this Agreement, to the extent that each party is responsible
for such damages, liabilities and costs on a comparative basis of fault.
Limitation of Liability
Neither the engineer, the engineer’s consultants, nor their agents or employees shall be jointly or
individually liable to the owner in an amount in excess of our fees.
Schedule of Electrical Engineering Services Fee Schedule
City of Chandler
Tumbleweed Park Pickleball Courts Site Electrical
Electrical Engineering Services
Wright Engineering Corporation
TASK DESCRIPTION
TOTAL
Direct Hourly Rate
$180.00
$160.00
$135.00
$115.00
$65.00
100.0
COORDINATION
100.1
Project Coordination
0.00
4.00
0.00
0.00
2.00
100.2
Visit Site
0.00
4.00
0.00
3.00
0.00
SUB TASK HOURS PER CATEGORY
0.00
8.00
0.00
3.00
2.00
13.00
SUB TASK FEE PER CATEGORY
$0.00
$1,280.00
$0.00
$345.00
$130.00
$1,755.00
101.0
MEETINGS
101.1
Team Meetings
0.00
8.00
6.00
0.00
0.00
SUB TASK HOURS PER CATEGORY
0.00
8.00
6.00
0.00
0.00
14.00
SUB TASK FEE PER CATEGORY
$0.00
$1,280.00
$810.00
$0.00
$0.00
$2,090.00
102.0
PLAN DEVELOPMENT AND SUBMITTAL
102.1
Plan Development
0.00
8.00
20.00
24.00
0.00
102.2
Details, Photometrics, Power & Voltage Drop Calculations
0.00
16.00
40.00
64.00
0.00
102.3
Specifications & OPC
0.00
4.00
4.00
6.00
0.00
102.4
QAQC
0.00
4.00
4.00
6.00
0.00
102.5
Plan Submittal
0.00
0.00
2.00
4.00
0.00
102.6
Comment Resolution Meetings/Address Redlines
0.00
2.00
4.00
8.00
0.00
SUB TASK HOURS PER CATEGORY
0.00
34.00
74.00
112.00
0.00
220.00
SUB TASK FEE PER CATEGORY
$0.00
$5,440.00
$9,990.00
$12,880.00
$0.00
$28,310.00
TOTAL HOURS PER CATEGORY
0.00
50.00
80.00
115.00
2.00
247.00
TOTAL FEE PER CATEGORY
$0.00
$8,000.00
$10,800.00
$13,225.00
$130.00
$32,155.00
TOTAL DIRECT LABOR
$32,155.00
STRUCTURAL CALCULATIONS
$1,500.00
TOTAL PROJECT COST
$33,655.00
August 14, 2023
Engineer
SITE ELECTRICAL DESIGN
TASK
NUMBER
Designer
Administrative
Senior
Engineer
Principal
Project Name: PICKLEBALL COURTS AT TUMBLEWEED PARK
Page F-1
Project No.: PR2206.201
Rev. 7/19/2023
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A
INSR
ADDL SUBR
LTR
INSR WVD
DATE (MM/DD/YYYY)
PRODUCER
CONTACT
NAME:
FAX
PHONE
(A/C, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF
POLICY EXP
TYPE OF INSURANCE
LIMITS
(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE
NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE
$
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
CLAIMS-MADE
OCCUR
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
$
PRO-
OTHER:
LOC
JECT
COMBINED SINGLE LIMIT
$
(Ea accident)
BODILY INJURY (Per person)
$
ANY AUTO
OWNED
SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY
AUTOS
AUTOS ONLY
HIRED
PROPERTY DAMAGE
$
AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE
$
CLAIMS-MADE
AGGREGATE
$
DED
RETENTION $
$
PER
OTH-
STATUTE
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
CERTIFICATE HOLDER
CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016/03)
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
Travelers Casualty Ins Co of America
Travelers Casualty and Surety Company
Charter Oak Fire Insurance Company
Berkley Insurance Company
9/11/2023
USI Insurance Services, LLC
P.O. Box 7050
Englewood, CO 80155
800 873-8500
Leticia Ortiz
800 873-8500
leticia.ortiz@usi.com
Dig Studio Inc.
1521 15th St
Denver, CO 80202
19046
19038
25615
32603
A
X
X
X
X
X
6803K783902
11/26/2022 11/26/2023
2,000,000
1,000,000
5,000
2,000,000
4,000,000
4,000,000
A
X
X
X
X
156803K783902
11/26/2022 11/26/2023
2,000,000
B
X
X
X
10000
X
X
CUP3K78438220
11/26/2022 11/26/2023
5,000,000
5,000,000
C
N
X
UB3K50973A
11/26/2022 11/26/2023 X
1,000,000
1,000,000
1,000,000
D
Professional
Liability
Claims Made
AEC906180505
11/26/2022 11/26/2023 $2,000,000 per claim
$4,000,000 annl aggr.
As required by written contract or written agreement, the following provisions apply subject to the policy
terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic
Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under
Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to
liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner.
(See Attached Descriptions)
City of Chandler - Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
1 of 2
#S41767524/M40074652
DIGSTU
Client#: 1089906
MXHBC
1 of 2
#S41767524/M40074652
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
The General Liability, Automobile Liability, Umbrella/Excess insurance policies applies on a primary and
non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile
Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy
provides excess coverage over the General Liability, Automobile Liability and Employers Liability.
Please note that Additional Insured status does not apply to Professional Liability or Workers'
Compensation.
Certificate holder continues: Attn: CIP City Engineer: Kimberly Moon, P.E.
RE: Project #PR2206.201, Geotechnical Investigation - Pickleball Courts At Tumbleweed Park, NWC McQueen
Road & Celebration Way, Chandler, AZ.
Additional Insured Includes: City of Chandler, its agents, representatives, officers, directors, officials
and employees.
Policy contains a Severability of Interest provision
2 of 2
#S41767524/M40074652
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COMMERCIAL GENERAL LIABILITY
CG D3 81 09 15
© 2015 The Travelers Indemnity Company. All rights reserved.
Page 1 of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.
The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or omis-
sions of such person or organization; or
d. For "bodily injury", "property damage" or "per-
sonal injury" for which such person or organi-
zation has assumed liability in a contract or
agreement.
The insurance provided to such additional insured
is limited as follows:
e. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
f.
This insurance does not apply to the render-
ing of or failure to render any "professional
services".
g. In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations ex-
ceed the limits of liability required by the "writ-
ten contract requiring insurance", the insur-
ance provided to the additional insured shall
be limited to the limits of liability required by
that “written contract requiring insurance”.
This endorsement does not increase the lim-
its of insurance described in Section III - Lim-
its Of Insurance.
h. This insurance does not apply to "bodily inju-
ry" or "property damage" caused by "your
work"
and
included
in
the
"products-
completed operations hazard" unless the
"written contract requiring insurance" specifi-
cally requires you to provide such coverage
for that additional insured, and then the insur-
ance provided to the additional insured ap-
plies only to such "bodily injury" or "property
damage" that occurs before the end of the pe-
riod of time for which the "written contract re-
quiring insurance" requires you to provide
such coverage or the end of the policy period,
whichever is earlier.
2. The following is added to Paragraph 4.a. of SEC-
TION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS:
The insurance provided to the additional insured
is excess over any valid and collectible other in-
surance, whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured for a loss we cover. However, if you
specifically agree in the "written contract requiring
insurance" that this insurance provided to the ad-
ditional insured under this Coverage Part must
apply on a primary basis or a primary and non-
contributory basis, this insurance is primary to
other insurance available to the additional insured
which covers that person or organizations as a
named insured for such loss, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have signed that "written contract requir-
ing insurance". But this insurance provided to the
additional insured still is excess over valid and
collectible other insurance, whether primary, ex-
cess, contingent or on any other basis, that is
6803K783902
COMMERCIAL GENERAL LIABILITY
Page 2 of 2
© 2015 The Travelers Indemnity Company. All rights reserved.
CG D3 81 09 15
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
available to the additional insured when that per-
son or organization is an additional insured under
any other insurance.
3. The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL LI-
ABILITY CONDITIONS:
We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you be-
fore, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal injury"
offense is committed.
4. The following definition is added to the DEFINI-
TIONS Section:
"Written contract requiring insurance" means that
part of any written contract under which you are
required to include a person or organization as an
additional insured on this Coverage Part, provid-
ed that the "bodily injury" and "property damage"
occurs and the "personal injury" is caused by an
offense committed:
a. After you have signed that written contract;
b. While that part of the written contract is in ef-
fect; and
c. Before the end of the policy period.
This page has been left blank intentionally.
UB3K50973A
This page has been left blank intentionally.