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Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
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Project No.: PR2201.452
Rev. 6/22/23
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY
(EAST)
Project No. PR2201.452
Council Date: December 7, 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 Marc Taylor, Inc., an Arizona corporation, ("Consultant") (City and Consultant may
individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Construction Management Services for
TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
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
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
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Project No.: PR2201.452
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the most suitable grade and quality for the intended purpose of the work or service.
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 462
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 $1,453,055 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
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Project No.: PR2201.452
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To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Warren White, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3337 Email: warren.white@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Russ Slotnick, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3411 Email: russ.slotnick@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Marc Taylor, Inc.
Mailing Address: 15396 North 83rd Ave. Ste C103 Peoria, AZ 85381
Physical Address: Same as above
Statutory Agent Name: Marc Taylor
Statutory Agent Mailing Address:
15396 North 83rd Ave. Ste C103
Peoria, AZ 85381
Statutory Agent Physical Address: Same as above
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Marc Taylor
Title:
President/CEO
Phone: 602-799-8032
Email:
mtaylor@marc-taylor.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
the appropriate federal agency, has access to the subconsultants’ records to verify the
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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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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
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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
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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.
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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: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page 12
Project No.: PR2201.452
Rev. 6/22/23
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:
Warren White, P.E.
Acting CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
Marc Taylor, Inc.
Signature
Date
Print Name
Title
Signer Email Address
11/15/2023
Marc Taylor
President
Mtaylor@marc-taylor.com
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page A-1
Project No.: PR2201.452
Rev. 6/22/2023
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1
EXHIBIT “A”
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
PROJECT TASKS
1.
PRE-CONSTRUCTION ASSISTANCE
A. Task 1.1 Pre-Construction Assistance
i. Attend the pre-construction meeting with contractor and provide Meeting
minutes.
ii. Attend the pre-construction public meeting.
iii. Attend contractor’s pre-construction site walk video.
iv. Establish mutually acceptable communication and project management plan
with project team for the administration of the project. Provide meeting
minutes.
2.
CONSTRUCTION ADMINISTRATION
A. Task 2.1 Weekly Construction Meetings
i. Prepare Owner Architect Contractor meeting agenda, facilitate weekly
construction meeting, and provide meeting minutes within 72 hours of the
meeting.
ii. Update logs (Request for Information (RFI); Shop Drawing; Field Directive (FD);
Outstanding Issues Log, and Allowance Logs and be prepared to review them
in the meeting.
iii. Be prepared to answer any questions that arise during the meeting.
iv. Assign responsible party to outstanding issues and track progress.
B. Task 2.2 Critical Path Method (CPM) Schedule
i. Review and evaluate Contractor’s initial Baseline CPM schedule and provide
recommendations for acceptance.
ii. Review Contractor’s monthly CPM schedule updates submitted with each
payment application
1. Compare monthly updates to Baseline CPM Schedule.
2. Compare monthly updates to the 3-week look ahead schedule.
3. Identify tasks that changed.
4. Review contractors schedule for furnishings, fixtures, and equipment.
5. Review and comment on schedule for substantial completion and final
completion. Issue delay notices.
6. Review the narrative to verify any impacts to the current schedule.
2
7. Recommend approval of CMP schedule to Construction Manager.
C. Task 2.3 Requests for Information (RFI)
i. Review, evaluate, and disburse RFI that the contractor submits.
1. Distribute to the Designer of Record and or city staff to review RFI’s that
impact the contract documents.
2. Provide a deadline to respond that is in accordance with the projects
current schedule.
3. Receive RFI Response from Designer of Record
ii. Review RFI and Architects Response for coordination.
iii. Verify City Construction Manager and Owner group are in concurrence with
RFI Response
iv. Evaluate RFI to see impacts on cost and time.
v. Respond to Contractor with RFI response.
vi. Update project log.
D. Task 2.4 Shop Drawing Submittals
i. Review, evaluate, and disburse the Shop Drawing submittal that the contractor
submits.
1. In cooperation with the Contractor and the A&E, prepare a list of Shop
Drawings and identify who the responsible party (Designer of Record,
Project Owner, and/or Technical Advisor) will be for review.
2. Distribute the Shop Drawings to the responsible party for review and
approval.
3. Receive Shop Drawing Response and send to the contractor.
4. Evaluate proposed material substitutions and present to City.
ii. Update project log.
E. Task 2.5 Requests for Proposal (RFP) / Architectural Supplemental Instruction
(ASI)
i. Prepare RFP documents detailing additional requested work for Construction
Manager.
ii. Send RFQ to contractor once Construction Manager approves the RFP.
iii. Evaluate the contractor's RFP response (Change Order) verifying the correct
formulas are used, labor costs are correct, Equipment rates are correct, and
Material costs are correct.
iv. Review how additional work will impact the current CPM schedule.
v. Provide recommendations to the Construction Manager
vi. Update project log.
F. Task 2.6 Field Directives (FD)
i. Prepare FD documents detailing requested additional work.
ii. Evaluate the contractor's FD response (Change Order) verifying the correct
formulas are used, labor costs are correct, Equipment rates are correct, and
Material costs are correct.
iii. Review impacts of additional work to contract time.
3
iv. Provide recommendations to the Construction Manager
v. Update project log.
G. Task 2.7 Contractor Payment Applications
i. Review and Evaluate Contractor’s Monthly Payment Applications.
1. Review Payment Application and verify everything on the CM Services
Checklist is completed.
a. CPM Schedule is Updated
b. Photos are uploaded
c. CM services Quantity report matches contractor’s request.
d. Allowance Draws are recorded
e. Time and Materials requests have proper back up.
f. Payments are made to agreed Lump sum schedule.
g. Submit checklist to City.
2. Review Contractor’s Red Lines are up to date.
3. Review last month’s Payment Application is accurately shown.
4. Sign Payment Application if you agree to Contractors Costs.
H. Task 2.8 Review Inspection Daily Reports.
i. Construction Manager to review inspector's Daily report. Note potential
inconsistencies.
3.
CONSTRUCTION INSPECTION / OBSERVATIONS
A. Task 3.1 Inspection / OBSERVATION Services
i. Verify materials and installation conforms to contract documents.
ii. Issue Non-Conformance Reports in coordination with A&E.
iii. Prepare inspection and or observation daily reports for on-site o
iv. Perform erosion control inspections
v. Attend OAC meetings.
vi. Review the 3-Week look ahead schedule against CPM schedule, crew
availability, and traffic control schedule.
vii. Monitor Time and Material work
viii. Provide an outstanding work list on items that were not installed per contract
documents.
B. Task 3.2 Special Inspections (Under Allowances)
i. Provide special inspections. These include but are not limited to steel, soil,
concrete, etc)
ii. Coordinate with contractor and commissioning agent for required testing.
iii. Provide Irrigation system layout and installation observations; attend and
observe irrigation system pressure tests; and attend a nursery visit to tag and
inspect plant material.
4.
UTILITY/AGENCY COORDINATION
4
A. Task 4.1 Coordination with Utilities
i. Coordinate or verify the contractor has coordinated inspections with utilities.
ii. Monitor Approval to Construct (ATC) expiration date.
iii. Complete Acceptance of Construction (AOC) applications and submit to
MCESD for reclaimed water booster pump and potable water/sewer
improvements.
5.
MATERIALS TESTING
A. Task 5.1 Quality Control (QC) Test Program
i. Review and approve Contractors Quality Control plan for testing type and
frequencies making sure they are consistence with City, MAG, and ADOT
requirements.
ii. Review and evaluate all Contractor sampling, test, and inspection results for
conformance with construction documents.
iii. Perform Quality Assurance (Under Allowances)
6. SUBSTANTIAL COMPLETION
A. Task 6.1 Substantial Completion
i. Convert the outstanding work list into a punch list.
ii. Walk the project with City staff and add any items that are not installed per the
contract documents to the punch list.
iii. Issue the Punch List to the contractor.
iv. Review contractors punch list schedule to verify he can complete all of the
work by Final Completion Date.
v. Provide inspection on contractor performing items on Punch List.
7. FINAL COMPLETION
A. Task 7.1 Final Completion
i. Track and Verify all items on the substantial completion list have been signed
off.
ii. Schedule final Walk Through
iii. Monitor the Close out all Permits.
iv. Review O & M Manuals and set up any training that City staff needs for new
equipment.
v. Confirm spare parts are all received.
vi. Confirm warranty documents are received identified in the contract
documents
vii. Collect and submit to the city all Resident sign-off sheets.
viii. Provide City with all documents in an electrical version that matches City’s
filing system, so it can be imported into City files.
8.
RECORD DRAWINGS
A. Task 8.1 Record Drawings
i. Review red lines submitted by the contractor
5
ii. Verify all items are addressed on Red Lines.
iii. Prior to sealing the plans, submit to the Construction Manager to review for
accuracy. Sealing of plans will be provided by the Designer of Record.
iv. Upon receiving concurrence, approve the red lines noting that they show the
work done by the contractor, and provide to the Designer of Record.
9. ALLOWANCES
A. Procore
B. Special Inspections
C. Travel Expenses
10. OWNERS ALLOWANCE
A. The Purpose of this allowance is to provide a funding source to pay for City requested
out of scope services. Reimbursement from this allowance (in whole or in part) is not
ensured.
ASSUMPTION, CLARIFICATIONS, AND EXCLUSIONS
1.
Application fees for City reviews and permits will be paid by CITY.
2.
The Owner’s Allowance will only be utilized with prior written approval from the City
representative.
3.
The Travel Expense Allowance will be used for normal reimbursable expenses on the project.
Items must be billed at cost and backup must be provided with pay applications.
4.
Third Party Testing will be completed by the Contractor.
5.
MTI will use Procore as its Project Management software in coordination with CMAR. This
PM software will store the documents required by this contract. Access will be provided to
the City of Chandler as mutually agreed.
6.
Cost for public outreach is not included or assumed per the City of Chandler.
7.
Nothing in this Contract shall be construed as an assumption by MTI or City of Chandler of
the responsibilities or duties of the Contractor or the Design or Engineering Professionals.
The Contractor shall be solely responsible for the construction means, methods, techniques,
sequences and procedures, the Contractor’s schedules, and for safety precautions and
programs in connection with the Project.
8.
Cost for printing and documentation is excluded assume this cost will be picked up by City
of Chandler, CMAR or the design team.
6
9.
Excludes office trailer or office space (assumes this will be picked up by CMAR/City of
Chandler). Assumes CMAR/City of Chandler will provide office equipment, chairs, conference
tables, etc. in the GMP.
10.
Assumes CMAR/City of Chandler will provide necessary power, utilities, telephone data and
connections to project trailer. Assumes power and utility bill will be picked up by the CMAR
or City of Chandler
11.
Invoices will be billed monthly with a net (30) 15-day payment from City of Chandler.
12.
Special System-related networks, routers and switches will be managed by City of Chandler.
13.
It is assumed normal work hours will be standard Monday – Friday. Extended shift and
weekend work are not assumed. It is anticipated that the project schedule to be January
2024 through end of March 30, 2025. MTI has staffed the project during this time.
14.
Cost identified (excluding allowances) for this project are assumed to be a not to exceed for
the durations outlined in qualification 13 and the Chase GMP. However, if delays are caused
through no fault of MTI and equitable adjustment may be required.
15.
It is assumed by MTI that the project team will coordinate a mutually acceptable
communication protocol and project management plan to administer workflows and
sequence of administrative operations to be instituted on the project.
15.
The specific staff members identified herein are the primary contacts for the firm. There may
be instances where other staff supplement their activities on or off site.
16.
In the event there is a change in primary personnel MTI will work to find a suitable
replacement approved by the city.
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page B-1
Project No.: PR2201.452
Rev. 6/22/2023
EXHIBIT “B”
COMPENSATION AND FEES
18,240.00
$
1.1 Pre-Construction Assistance
18,240.00
$
792,965.00
$
2.1 Weekly Construction Meetings
216,540.00
$
2.2 Critical Path Method (CPM) Schedule
48,970.00
$
2.3 Request for Information (RFI)
138,590.00
$
2.4 Shop Drawing Submittals
128,430.00
$
2.5 Requests for Proposal (RFP)/ (ASI)
46,500.00
$
2.6 Field Directives (FD)
86,410.00
$
2.7 Contractors Payment Applications
80,640.00
$
2.8 Review Inspection Daily Reports
46,885.00
$
255,850.00
$
3.1 Inspection Services
189,250.00
$
3.2 Special Inspections
-
$
4.1 Coordination with Utilities
35,150.00
$
5.1 Quality Control (QC) Test Program
31,450.00
$
62,425.00
$
6.1 Substantial Completion
62,425.00
$
56,675.00
$
7.1 Final Completion
56,675.00
$
46,900.00
$
8.1 Record Drawings
46,900.00
$
9.0
15,000.00
$
9.1
30,000.00
$
9.3
25,000.00
$
9.4 Quality Assurance Allowance
25,000.00
$
10.0
150,000.00
$
1
with Above
2
TBD
3
TBD
4
TOTAL COST:
Owner's Allowance
1,453,055.00
$
Lump Sum Cost Per Task
TASK 3.0 CONSTRUCTION INSPECTION
TASK 8.0 RECORD DRAWINGS
TASK 6.0 SUBSTANTIAL COMPLETION
TASK 7.0 FINAL COMPLETION
SUBCONSULTANTS
Name of Company and Task Description (Include backup in submittal)
ALLOWANCES/LUMP SUM ITEMS
Lloyds Consulting Group
Special Inspections
Quality Assurance Allowance
Procore Software (Lump Sum)
Special Inspections (Allowance)
Travel Expenses Mileage, Office, Supplies, etc. (Allowance)
TASK 2.0 CONSTRUCTION ADMINISTRATION
TASK 1.0 PRE-CONSTRUCTION ASSISTANCE
EXHIBIT "B-1"
TASK DESCRIPTION
SUBTOTAL
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page C-1
Project No.: PR2201.452
Rev. 6/22/2023
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: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page C-2
Project No.: PR2201.452
Rev. 6/22/2023
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: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page C-3
Project No.: PR2201.452
Rev. 6/22/2023
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: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page D-1
Project No.: PR2201.452
Rev. 6/22/2023
EXHIBIT “D”
SPECIAL CONDITIONS
VULNERABLE PERSON
1. Consultant and Subconsultant Worker Background Screening. Consultant agrees that
all contract workers and subconsultants (collectively "Contract Worker(s)") that Consultant
furnishes to City under this Agreement will be subject to background and security checks
and screening as set forth in this Section (collectively "Background Screening") at
Consultant’s sole cost and expense. As part of the Background Screening, Consultant must
provide to a person designated by the City the name(s), address(es), and phone number(s)
of all Contract Workers who will provide any services under this Agreement. All Contract
Workers must comply with these Background Screening requirements. All Contract
Workers must be able to provide proof of the legal right to work in the United States. The
Background Screening provided by Consultant must comply with all applicable laws, rules,
and regulations. Consultant further agrees that the Background Screening required in this
Section is necessary to preserve and protect public health, safety, and welfare. The
Background Screening requirements set forth in this Section are the minimum
requirements for this Agreement. City in no way warrants that these minimum
requirements are sufficient to protect Consultant from any liabilities that may arise out of
Consultant’s services under this Agreement or Consultant’s failure to comply with this
Section. Therefore, in addition to the specific measures set forth below, Consultant and
its Contract Workers must take such other reasonable, prudent, and necessary measures
to further preserve and protect public health, safety, and welfare when providing services
under this Agreement.
2. Background Screening Requirements and Criteria. Before offering or scheduling any
services under this Agreement, Consultant agrees that all Contract Workers, including the
Consultant, if the Consultant is an individual or sole proprietorship, must have
successfully passed a Background Screening in accordance with this Section. Consultant
warrants that no person will be permitted to substitute for a Contract Worker who has
satisfied the Background Screening requirements until the proposed substitute has also
satisfied the Background Screening requirements in this Section. For review and approval,
Consultant must submit to a person designated by the City proof of a completed
Background Screening for each Contract Worker over the age of 18 performing services
under this Agreement no fewer than two (2) weeks before the proposed start date of such
Contract Worker’s services. The Background Screening must have been completed within
the 12-month period preceding the Contract Worker’s start date under this Agreement
and must include the results of a social security (SSN) trace, a national criminal databased
check with source verification, and a sex offender database search.
3. Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City
reserves the rights but not the obligations to: (1) have a Contract Worker be required to
provide fingerprints and execute such other documentation as may be necessary to
obtain criminal justice information pursuant to A.R.S. § 41-1750(G) (4) or Chandler City
Code § 4-22; (2) act on newly acquired information whether or not such information
should have been previously discovered; (3) unilaterally change its standards and criteria
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page D-2
Project No.: PR2201.452
Rev. 6/22/2023
relative to the acceptability of Contract Workers; and (4) object, at any time and for any
reason, to a Contract Worker performing work (including supervision and oversight) under
this Agreement.
4. Consultant Certification. By executing this Agreement, Consultant certifies that
Consultant has read and understands the Background Screening requirements and
criteria in this Section and will fully comply with such requirements. Consultant further
certifies that any Background Screening information to be furnished to City related to
Consultant or its Contract Workers will be complete, current, and accurate. A Contract
Worker rejected for work under this Agreement will not be proposed to perform work
under other City contracts or engagements without City's prior written approval.
5. Terms of This Section Applicable to all of Consultant’s Contracts and Subcontracts.
Consultant must include the terms of this Section for Contract Worker Background
Screening in all contracts and subcontracts for services furnished under this Agreement
including, but not limited to, supervision and oversight services.
6. Materiality of Background Screening Requirements: Indemnity. The Background
Screening requirements of this Section are material to City's entry into this Agreement
and any breach of this Section by Consultant will be deemed a material breach of this
Agreement. In addition to the indemnity provisions set forth in this Agreement, Consultant
must defend, indemnify, and hold harmless City for any and all Claims arising out of this
Background Screening Section including, but not limited to, the disqualification of a
Contract Worker by Consultant or City for failure to satisfy this Section.
7. Continuing Duty, Audit. Consultant’s obligations and requirements that Contract
Workers satisfy this Background Screening Section will continue throughout the entire
term of this Agreement. Consultant must notify City immediately of any change to a
Background Screening of a Contract Worker previously accepted by City. Consultant must
maintain all records and documents related to all Background Screenings and City
reserves the right to audit Consultant’s compliance with this Section under the terms of
this Agreement.
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
E-1
Project No.: PR2201.452
Rev. 6/22/2023
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.
Project Name: TUMBLEWEED RECREATION CENTER EXPANSION MULTI-GENERATIONAL FACILITY (EAST)
Page F-1
Project No.: PR2201.452
Rev. 6/22/2023
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A