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Project Name: TURF TO XERISCAPE PROGRAM
Page 1
Project No.: ST2405.201
Rev. 1/12/2024
PROFESSIONAL SERVICES AGREEMENT
Design Services
TURF TO XERISCAPE PROGRAM
Project No. ST2405.201
Council Date: February 22, 2024
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2024
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and J2 Engineering & Environmental Design, LLC, an Arizona Limited Liability Company,
("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 TURF TO XERISCAPE
PROGRAM project as more fully described in Exhibit "A", which is attached to and made a part
of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to enter into an Agreement with Consultant to provide these services under
the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
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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
500 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 $440,889 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
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Project No.: ST2405.201
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To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Daniel Haskins, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.haskins@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Vivianna Barrientes, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3314 Email: Vivianna.barrientes@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: J2 Engineering & Environmental Design, LLC
Mailing Address: 4649 E. Cotton Gin Loop, Suite B2, Phoenix, AZ 85040
Physical Address: same
Statutory Agent Name: James P. O’Sullivan
Statutory Agent Mailing Address:
2525 E. Camelback Road, 7th Floor,
Phoenix, AZ 85016
Statutory Agent Physical Address: same
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Jeffrey Velasquez
Title:
Vice President, Principal Landscape Architect
Phone: 602-438-2221
Email:
jvelasquez@j2design.us
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
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.
Jeffrey Velasquez
Vice President, Principal Landscape Architect
jvelasquez@j2design.us
ATTEST:
Project Name: TURF TO XERISCAPE PROGRAM
Page A-1
Project No.: ST2405.201
Rev. 1/12/2024
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
J2 Engineering and Environmental Design, LLC
4649 East Cotton Gin Loop, Suite B-2
Phoenix, Arizona 85040
602-438-2221
EXHIBIT A
SCOPE OF WORK
Project Description: The City of Chandler Turf to Xeriscape project consists of converting turf grass to
xeriscape landscape in (14) fourteen city maintained sites within the City of Chandler. The planned areas
to be converted to low water desert landscape are all located north of the SR202 freeway and entail a
total site area on approximately 58.40 acres. The project intent is to review and inventory each site to
determine the existing conditions and how the new low water use landscape will blend with the
surrounding communities. Preliminary concepts will be developed for each site for use in a public and
stakeholder engagement process, as well as City staff input. For some sites, a simple removal of turf and
new landscape installation may occur.
Task 100 – Preliminary Site Design Concepts & Public Outreach
J2 Team shall visit each site to photo document the existing conditions, review existing drainage
infrastructure, evaluate the health of the existing trees & shrubs & review the existing irrigation system
including the water meter, backflow preventer & irrigation controller. A Blue Stake ticket will be
submitted to each site to identify any utility conflicts.
For each of the (14) sites, J2 shall develop a preliminary design concept for the site. Photo imagery
boards of each site and the preliminary black & white design concepts shall be developed based on
J2’s initial assessment of the site and how to maintain the overall aesthetics of the site without turf
grass. A working session between J2 & city staff will occur for the city to review and provide input on
the proposed design for each site.
The refined preliminary site design concepts and photo imagery boards will be then be developed as
fully-rendered 11x17 pdf plan view exhibits for public, stakeholder and city input. J2 along with MakPro
will contact the stakeholders as proved by the city and set up a series of virtual public meetings to
gather stakeholder input on the sites where turf will be removed.
Once additional stakeholder input is gathered, the comments will be incorporated into the construction
documents. For each site, a preliminary opinion of probable cost (OPC) will be developed as well as a
phasing plan to determine which sites move forward into construction documents.
Task 100 Deliverables shall include the following:
Fourteen (14) black & white preliminary design concepts.
Seven (7) project graphic imagery boards will be produced to accompany the preliminary site
design concept plan boards. These deliverables will depict the existing conditions, various site
program elements, and low water use plant materials proposed for the site.
Fourteen (14) final design concept plans. Plan will be provided in 11x17 pdf.
Fourteen (14) assessment memos for existing trees at each site.
(1) drainage memo that will cover all fourteen (14) sites.
Conceptual Opinion of Probable Construction Cost. The J2 Team will provide one (OPC) for
each site in an electronic PDF and Excel format to the City. The City is responsible for
reproduction and distribution of the OPC for review.
One (1) phasing plan.
J2 Engineering and Environmental Design, LLC
4649 East Cotton Gin Loop, Suite B-2
Phoenix, Arizona 85040
602-438-2221
Task 100 Meetings shall include the following:
•
Kickoff Meeting at City of Chandler for a total of one (1) meeting. The meeting is expected to be
two (2) hours in duration inclusive of travel time to and from the meeting and site. Three (3) J2
staff will attend the meeting and site walk.
•
Fourteen (14) bi-weekly virtual design meetings
•
A site visit to each site by J2 to photo document and evaluate existing conditions.
•
A working sessions at either City offices or at the J2 office to review the preliminary design
concepts for each site. It is anticipated that three (3) J2 staff will attend.
•
Two (2) in-person and one (1) virtual public outreach meetings. It is anticipated that these
meetings will be set up and run by J2 & MakPro. We anticipate (2) two J2 staff attending each
meeting.
Task 200 – Final Design & Construction Documents
After receiving comments from the project stakeholder on the Final Design Concept Plans, the J2 Team
shall develop the 60%, 90% & 100% Construction Documents and Specifications for the Project. After
each stage submittal, a comment resolution meeting will occur between J2 and the City to discuss the
comments and agree on a resolution for the comment.
The plan set is anticipated to have overall key map, total project quantities, general notes and detail
sheets. However, each site will have its own legend/ quantities sheet, a plant inventory/ demolition
sheet, planting plans sheets and irrigation plans sheets. The entire plan set is anticipated to be 97 plan
sheets.
At the 100% submittal stage, the J2 Team shall then submit electronic and bond copies of sealed and
signed final construction documents along with final specifications and OPC to the City for final
approval. The final sealed plans shall also be submitted to the City of Chandler Development Services
for permit review and approval. These plans shall be used for construction and a Bid Tab form shall be
submitted by the J2 Team.
Task 200 Meetings shall include the following:
60% Comment Resolution Meeting for a total of one (1) meeting. This meeting is anticipated to
be two (2) hours in duration inclusive of travel time to and from the meeting. The J2 Team shall
have two (2) representatives at the meeting.
90% Comment Resolution Meeting for a total of one (1) meeting. This meeting is anticipated to
be two (2) hours in duration inclusive of travel time to and from the meeting. The J2 Team shall
have two (2) representatives at the meeting.
100% Comment Resolution Meeting for a total of one (1) meeting. This meeting is anticipated
to be two (2) hours in duration inclusive of travel time to and from the meeting. The J2 Team
shall have two (2) representatives at the meeting.
Development Services Comment Resolution Meeting for a total of one (1) meeting. This
meeting is anticipated to be two (2) hours in duration inclusive of travel time to and from the
meeting. The J2 Team shall have two (2) representatives at the meeting.
J2 Engineering and Environmental Design, LLC
4649 East Cotton Gin Loop, Suite B-2
Phoenix, Arizona 85040
602-438-2221
Design Assumptions & Exclusions:
1. The J2 Team has provided no environmental, cultural, or biological investigations in this scope
of work, has no knowledge of any adverse environmental, cultural, or biological conditions on
the site/project, and is not responsible for nor has any liability for any such environmental,
cultural, or biological conditions should one be found. It is the responsibility of the City to
investigate and make these environmental or cultural determinations based on the best
knowledge and information available at the time of this project. Clearance to begin work shall be
given prior to directing or ordering the preparation of any engineering documents.
2. The City shall make available to the Design Team existing available data and records relevant
to the site that the City has available including as-builts and GIS data.
3. If available, any Legal descriptions, Boundary Survey, and ALTA shall be provided to the J2
Team by the City.
4. The J2 Team has not included any water, sanitary sewer, or other utility work in this scope other
than landscape irrigation design upgrades.
5. The J2 Team has not included any Permit fees.
6. Utility potholing is not included in this scope of services.
7. Storm Water Pollution and Prevention Plans have not been included in this scope of services.
8. Post Design/Construction Phase services have not been included in this scope of services and
may be part of a separate, future contract if desired by City of Chandler.
9. Electrical Engineering plans are not included in this scope. Any impacts to these shall be noted
on the hardscape plans.
10. Sketch up models or photo simulations are not included in this scope.
ID
Task
Mode
Task Name
Duration
Start
Finish
1
2
Turf to Xeriscape Program Design
436 days
Mon 3/4/24
Mon 11/3/25
3
Project Kick off and conceptual design
92 days
Mon 3/4/24
Tue 7/9/24
4
Kick off meeting
0 days
Mon 3/4/24
Mon 3/4/24
5
Site Inventory / Tree Health Assessment / Drainage
Analysis
15 days
Mon 3/4/24
Fri 3/22/24
6
Preliminary Master Plan Concepts / Graphic Imagery
Boards
50 days
Mon 3/25/24
Fri 5/31/24
7
Present concepts to City for Review and Comment
0 days
Fri 5/31/24
Fri 5/31/24
8
Final Master Plan Concepts / Drainage Memo / Opinion
of Probable Construction Costs
21 days
Mon 6/3/24
Mon 7/1/24
9
Review and Approval by the City
6 days
Tue 7/2/24
Tue 7/9/24
10
Public / Stakeholder Meetings
41 days
Mon 5/6/24
Mon 7/1/24
11
Final Design and Construction Documents
145 days
Wed 7/10/24
Tue 1/28/25
12
60% Documents
40 days
Wed 7/10/24
Tue 9/3/24
13
60% submittal
0 days
Tue 9/3/24
Tue 9/3/24
14
60% City Review
20 days
Wed 9/4/24
Tue 10/1/24
15
90% Documents
25 days
Wed 10/2/24
Tue 11/5/24
16
90% Submittal
0 days
Tue 11/5/24
Tue 11/5/24
17
90% City Review
20 days
Wed 11/6/24
Tue 12/3/24
18
100% Final Sealed Set Documents
20 days
Wed 12/4/24
Tue 12/31/24
19
100% Final Sealed Set Submittal
0 days
Tue 12/31/24
Tue 12/31/24
20
100% Final Sealed Set Reivew
20 days
Wed 1/1/25
Tue 1/28/25
21
100% Final Sealed Set Approval
0 days
Tue 1/28/25
Tue 1/28/25
22
Solicitation / Award / Construction
199 days
Wed 1/29/25
Mon 11/3/25
23
Solicitation
23 days
Wed 1/29/25
Fri 2/28/25
24
Bid Opening / Project Award
1 day
Mon 3/3/25
Mon 3/3/25
25
Procurement
31 days
Tue 3/4/25
Tue 4/15/25
26
Notice to Proceed
0 days
Tue 4/15/25
Tue 4/15/25
27
Construction Operations
125 days
Tue 5/13/25
Mon 11/3/25
28
Opening of Turf to Xeriscape Sites
0 days
Mon 11/3/25
Mon 11/3/25
3/4
5/31
9/3
11/5
12/31
1/28
4/15
1
SSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTFS
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Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Page 1
Date: Mon 1/29/24
Turf to Xeriscape - Project Schedule
Project Name: TURF TO XERISCAPE PROGRAM
Page B-1
Project No.: ST2405.201
Rev. 1/12/2024
EXHIBIT “B”
COMPENSATION AND FEES
75,429.89
$
101 Bluestake Utility Conflict Research
3,021.88
$
102 Prelimiary Site Design Concepts- 14 Sites
16,508.40
$
103 Project Graphic Imagery Boards for Plant Materials / Amenities (7
sheets)
3,641.74
$
104 Final Site Design Concepts w/ Rendering (14 sites)
10,905.84
$
105 Tree Health Assessment Memo (14 sites)
6,227.94
$
106 Drainage Analysis (14 sites)
10,168.40
$
107 Drainage Memo (1 memo including all 14 sites)
2,859.18
$
108 Conceptual Opinion of Probable Construction Costs (14 sites)
3,646.52
$
109 Phasing Plan
1,057.46
$
110 Kickoff Meeting at City of Chandler (1)
1,062.44
$
111 Site Inventory by J2 Staff (14 sites)
6,680.32
$
112 Bi-Weekly Virtual Meetings (14 Total)
5,228.16
$
113 Public Outreach Meetings (10 meetings)
6,372.00
$
114 City-Team Working Sessions at City or at J2 (1)
1,235.61
$
240,709.42
$
201 Cover Sheet (1)
1,159.34
$
202 General Notes / Sheet Index (1)
1,910.92
$
203 Demolition General Notes Sheet (1)
1,921.26
$
204 Landscape General Notes Sheet (1)
1,714.46
$
205 Irrigation General Notes Sheet (1)
1,714.46
$
206 Site 1 (4 sheets)
9,156.10
$
207 Site 2 (4 sheets)
9,156.10
$
208 Site 3 (6 sheets)
13,691.20
$
209 Site 4 (4 sheets)
9,156.10
$
210 Site 5 (8 sheets)
18,435.00
$
211 Site 6 (10 sheets)
23,228.80
$
212 Site 7 (6 sheets)
13,691.20
$
213 Site 8 (2 sheets)
4,621.00
$
214 Site 9 (10 sheets)
23,228.80
$
215 Site 10 (6 sheets)
13,691.20
$
216 Site 11 (8 sheets)
18,435.00
$
217 Site 12 (12 sheets)
28,145.56
$
218 Site 13 (4 sheets)
9,156.10
$
219 Site 14 (2 sheets)
4,621.00
$
220 General Landscape Details (3 sheets)
8,707.38
$
221 General Irrigation Details (4 sheets)
11,609.84
$
222 Specifications
6,285.40
$
223 Opinion of Probable Cost
4,375.04
$
224 Comment Resolution Meetings
1,723.28
$
225 Geotech and survey coordination (as needed)
1,174.88
$
124,750.00
$
301 Consultant Registered Survey (site survey & topography)
77,550.00
$
302 Makpro (publuc outreach)
22,200.00
$
303 Potholing Allowance
5,000.00
$
304 City of Chandler Owner Allowance
20,000.00
$
TOTAL COST:
440,889.00
$
Task 2.0 Assignment
Task 1.0 Project Description & Scope of Construction
EXHIBIT "B-1"
TASK DESCRIPTION
ALLOWANCES
SUBTOTAL
Task 100 Prelimiary Site Design Concepts & Public Outreach (30%)
Task 200 Final Design & Construction Documents
Lump Sum Cost Per Task
DERIVATION OF COST PROPOSAL
Turf to Xeriscape Program
City of Chandler
J2 Engineering and Environmental Design, LLC
Direct labor and rates
Classification
Estimated Man
Hours
Current Rates
Total
Project Principal
23
$206.80
$4,756.00
Project Engineer - Senior
27
$186.12
$5,025.00
Project Engineer
96
$127.96
$12,284.00
Designer - Sr.
555
$122.14
$67,788.00
Project Manager / Senior Land. Arch.
381
$196.46
$74,851.00
Landscape Architect
555
$131.51
$72,988.00
Designer
935
$83.90
$78,447.00
Total Hours
2572
Total Direct Labor
$316,139.00
Total Labor:
$316,139
Total Labor and Overhead:
$316,139
Estimated Direct Expenses
Estimated
Expenses
Total
Printing, Reproduction,
Reprographics, Supplies Etc.
None (included in fee)
$0.00
Total Direct Expenses
$0.00
Subconsultants: Design
Consultant Registered Survey
$77,550.00
MakPro
$22,200.00
Potholing Allowance
$5,000.00
City of Chandler Owner Allowance
$20,000.00
Total Outside Services & Allowances:
$124,750.00
Total Cost J2, Allowances, & Subconsultants
$440,889
Total Cost:
$440,889
J2 Engineering and Environmental Design LLC
1/29/2024
Jeffrey Velasquez, PLA, ASLA
Date
Vice President
Principal Landscape Architect
1/29/2024
Derivation - Hours
Turf to Xeriscape Fee Schedule
1/29/2024
J2 Engineering and Environmental Design, LLC
Task
Number
Task:
Project
Principal
Project
Engineer -
Senior
Project
Engineer
Designer -
Sr.
Project
Manager /
Senior Land.
Arch.
Landscape
Architect
Designer
Total
206.80
186.12
127.96
122.14
196.46
131.51
83.90
100
Preliminary Master Plan & Public Outreach
101
Bluestake Utility Conflict Research
6
8
4
2
20
102
Preliminary Site Design Concepts (14 sites)
2
2
4
24
24
32
40
128
103
Project Graphic Imagery Boards for Plant Materials / Amenities (7
sheets)
1
8
3
4
16
32
104
Final Site Design Concepts w/ Rendering (14 sites)
1
2
16
12
16
48
95
105
Tree Health Assessment Memo (14 sites)
1
28
28
57
106
Drainage Analysis (14 sites)
1
8
20
20
4
32
85
107
Drainage Memo (1 memo including all 14 sites) Preliminary
memo to be provided at 30%
1
2
4
6
1
10
24
108
Conceptual Opinion of Probable Construction Costs (14 sites)
1
1
2
4
4
8
8
28
109
Phasing Plan
1
1
2
4
8
110
Kickoff Meeting at City of Chandler (1)
2
2
2
6
111
Site Visit by J2 Staff (14 sites)
2
2
28
28
60
112
Bi-Weekly Virtual Meetings (14)
6
14
14
34
113
Public Outreach Meetings (2 In-Person & 1 virtual meetings)
10
10
20
114
City-Team Working Sessions at City or at J2 (1)
3
3
3
9
Sub-Total Task 100
10
19
50
107
84
119
217
606
200
Final Design & Construction Documents
201
Cover Sheet (1)
2
2
6
10
202
General Notes / Sheet Index (1)
4
2
4
6
16
203
Demolition General Notes Sheet (1)
1
4
1
4
6
16
204
Landscape General Notes Sheet (1)
4
1
4
6
15
205
Irrigation General Notes Sheet (1)
4
1
4
6
15
206
Site 1 (4 sheets)
1
2
24
8
14
28
77
207
Site 2 (4 sheets)
1
2
24
8
14
28
77
208
Site 3 (6 sheets)
1
2
32
16
24
36
111
209
Site 4 (4 sheets)
1
2
24
8
14
28
77
210
Site 5 (8 sheets)
1
1
4
32
24
32
56
150
211
Site 6 (10 sheets)
1
2
4
40
32
40
68
187
212
Site 7 (6 sheets)
1
2
32
16
24
36
111
213
Site 8 (2 sheets)
1
8
4
8
20
41
214
Site 9 (10 sheets)
1
2
4
40
32
40
68
187
215
Site 10 (6 sheets)
1
2
32
16
24
36
111
Man Hours
Turf to Xeriscape - Fee Sheet.xls
Jeff Velasquez
Jason Touchin
Alex Bramhall
Aaron
Hendrickson
Seth Placko
Shane
Hanneman
Maria
Novacek,
Aurelio Lopez
Turf to Xeriscape Fee Schedule
1/29/2024
J2 Engineering and Environmental Design, LLC
Task
Number
Task:
Project
Principal
Project
Engineer -
Senior
Project
Engineer
Designer -
Sr.
Project
Manager /
Senior Land.
Arch.
Landscape
Architect
Designer
Total
216
Site 11 (8 sheets)
1
1
4
32
24
32
56
150
217
Site 12 (12 sheets)
1
2
6
48
36
48
90
231
218
Site 13 (4 sheets)
1
2
24
8
14
28
77
219
Site 14 (2 sheets)
1
8
4
8
20
41
220
General Landscape Details (3 sheets)
12
12
18
30
72
221
General Irrigation Details (4 sheets)
16
16
24
40
96
222
Specifications
4
16
20
40
223
Opinion of Probable Cost
2
4
8
8
12
34
224
Comment Resolution Meetings
8
8
16
225
Geotech and survey coordination (as needed)
2
2
4
8
Sub-Total Task 200
13
8
46
448
297
436
718
1966
Hours Total
23
27
96
555
381
555
935
2572
Man Hours
Turf to Xeriscape - Fee Sheet.xls
Project Name: TURF TO XERISCAPE PROGRAM
Page C-1
Project No.: ST2405.201
Rev. 1/12/2024
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: TURF TO XERISCAPE PROGRAM
Page C-2
Project No.: ST2405.201
Rev. 1/12/2024
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: TURF TO XERISCAPE PROGRAM
Page C-3
Project No.: ST2405.201
Rev. 1/12/2024
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: TURF TO XERISCAPE PROGRAM
Page D-1
Project No.: ST2405.201
Rev. 1/12/2024
EXHIBIT “D”
SPECIAL CONDITIONS
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of
the MAG Specifications and MAG Standard Details as amended by City. City’s current
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found
and downloaded from City’s website at http://www.chandleraz.gov/udm.
City Ownership of Project Documents. All work products (electronically or manually
generated) including, but not limited to: plans, specifications, cost estimates, field notes,
tracings, studies, investigations, design analyses, original drawings, original mylars, Computer
Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, and other
related documents which are prepared in the performance of this Agreement (collectively
referred to as "Documents") are to be and remain the property of City and are to be delivered
to the Project Manager before the final payment is made to Consultant. In the event these
Documents are altered, modified or adapted without the written consent of Consultant,
which consent Consultant must not unreasonably withhold, City agrees to hold Consultant
harmless to the extent permitted by law from the legal liability arising out of City's alteration,
modification or adaptation of the Documents.
Re-use of Documents. The parties agree the documents, drawings, specifications and designs,
although the property of City, are prepared for this specific project and are not intended nor
represented by Consultant to be suitable for re-use for any other project. Any re-use without
written verification or adaptation by Consultant for the specific purpose intended will be at
City’s sole risk and without liability or legal exposure to Consultant.
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.
Work within City's Right-of-Way. All work performed within City's Right-of-Way by Consultant
and Consultant’s subconsultants must comply with City of Chandler requirements.
Project Name: TURF TO XERISCAPE PROGRAM
E-1
Project No.: ST2405.201
Rev. 1/12/2024
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.
MakPro Services, LLC
2036 N. Gentry • Mesa, AZ 85213
Office: 480-890-1927
Email: teresa@makprosvc.com
January 29, 2024
Mr. Jeff Velasquez
J2 Engineering & Environmental Design
4649 E. Cotton Gin Loop, Suite B2
Phoenix, Arizona 85040
Dear Jeff:
MakPro Services, LLC (MakPro) is pleased to provide the following proposal and cost
estimate for public involvement services as part J2’s effort for the City of Chandler’s Turf to
Xeriscape Project which consists of converting turf grass to xeriscape landscape in 14 City-
maintained sites within Chandler. Public involvement is an important element in projects
such as this when trying to engage the nearby community to provide their input to improve
nearby parks. It provides a link between the project and the community it impacts and
many times, this small link is all that is needed to help a project run more smoothly.
The services included in this scope and fee are for PLANNING/DESIGN PHASE ONLY and
are based on the information you provided and our conversation with the City’s project
manager. This effort is expected to begin in March 2024 with public engagement taking
place sometime in July 2024. This estimate includes planning, design, preparation, staffing,
management, and documentation for two in-person public meetings, and a web-based
virtual public meeting, consisting of a narrated video and mechanism for resident feedback.
Please take a moment to review this scope and cost estimate and if I’ve missed or
misunderstood any of the project characteristics, or if you’d like to customize this proposal
in some other way, please let me know. (p = principal hours / a = associate hours)
Project Meetings & Administration: As part of the planning and public engagement
process, MakPro will:
•
prep for and attend a kick-off meeting for the project. (p-2 hr)
•
prepare for and attend up to up to four planning/progress meetings to discuss the
public engagement approach. (p-4 hrs)
•
communications with team and project manager related to effort, and project
administration. (p-4 hrs)
Mr. Jeff Velasquez, J2 Engineering & Environmental Design
January 29, 2024
City of Chandler – Turf to Xeriscape Project Public Involvement Services
Page 2 of 3
Public Meetings (2): Up to two public meetings, assumed to be in-person, will be
scheduled to provide an opportunity for nearby residents to provide their comments and
feedback, and engage in the process, and view the plan concepts. To that end, MakPro will:
•
prepare for and attend up to two planning meetings to discuss public meeting format
and presentation. (p-6 hrs)
•
coordinate with J2 to develop exhibits or a presentation and identify appropriate
comment feedback form or online survey questions/selections. (p-6 hrs)
•
develop a draft meeting notification for City/team review to inform nearby residents of
the public meeting. (p-8 hrs / a-8 hrs)
•
compile a mailing list and HOA community management contact to connect with nearby
residents. (a-2 hrs)
•
make any revisions to the notification and prepare for printing/distribution. (p-2 hrs)
•
prep for, staff, participate in, facilitate and document an in-person public meeting.
•
document public meeting Q&A. (p-8 hrs / a-16 hrs)
•
compile information from feedback forms/survey and recap for team. (p-6 hrs)
*estimated hours are for two public meetings
Virtual Public Meeting (1): A virtual, web-based, public meeting will be developed
consisting of narrated video information and a mechanism for resident feedback. To that
end, MakPro will:
•
develop a presentation and script for review by City, make any edits, narrate and load
to web. (p-8 hrs)
•
develop a draft meeting notification for City/team review to inform nearby residents of
the web-based information being available for viewing. (p-1 hrs / a-2 hrs)
•
develop
an
on-line
comment
feedback
form
for
residents
to
provide
comments/questions and respond to questions that may be received. (p-3 hrs)
•
schedule, prepare for and attend up to two planning meetings to discuss meeting
objectives and format. (p-6 hrs / a-2 hrs)
•
document the meetings and conduct any follow-up required. (p- 4 hrs)
Community Communications: MakPro will work with the project team and City of
Chandler’s CAPA Office to identify and create appropriate communication mechanisms, to
include:
•
create content for a webpage on chandleraz.gov and coordinate with webmaster for
creating a page that can be maintained/edited by MakPro and team. (p-4 hrs)
•
incorporate updates to webpage after public meetings and as needed to keep current.
(p-2 hrs)
•
connect with nearby HOAs to ensure they are aware of the master plan process and can
share this information with their residents. (a-3 hrs)
•
coordinate with CAPA to share information on the City’s social media platforms to
include NextDoor. (p-2 hrs)
•
provide a project hotline for project inquiries or comments. (hotline fee + 4 hrs (p-2 hrs
/ a-2 hrs))
Mr. Jeff Velasquez, J2 Engineering & Environmental Design
January 29, 2024
City of Chandler – Turf to Xeriscape Project Public Involvement Services
Page 3 of 3
The following cost estimate is provided based on the above tasks/activities with respective
hours provided after each task.
Public Involvement Services
Principal Hrs
($120/hr)
Associate Hrs
($100/hr)
Total
Project Meetings & Administration
10
-
$1,200
Public Meetings (2)
36
26
$6,920
Virtual Public Meeting (1)
22
4
$3,040
Community Communications
10
5
$1,700
Subtotal
78
35
$12,860
Reimbursable Allowance (printing/public meeting materials (e.g., sign-in
sheets, comment forms, etc.) and printing/postage for mailers
$8,340
Project hotline ($1,000 for all of project design)
$1,000
Grand Total
$22,200
The total cost for public involvement services identified herein should not exceed
$22,200.00, which includes an allowance of $8,340 related to printing and postage, based
on a 1,000-ft boundary around each of the sites. This estimate assumes this effort is not
federally funded so there are no special requirements related to Title VI. Costs for
translation or interpreter services are not included in this estimate. This estimate assumes a
rate of $120/hour for principal and $100/hour for associate hours, and a flat fee of $1,000
for the project hotline. Printing/postage costs are based on mailing to occupants for an
average 600 addresses per site for 16 sites for a 4-up mailer, one-side color with current
first-class postage rates.
This estimate incorporates efficiencies from one task/activity to another, so removal or
adjustment to one activity may require an adjustment of hours in other activities. This
proposal assumes any displays, exhibits, engineering designs or details, required for public
meeting or information will be provided by Chandler or J2. Changes of substance to this
proposal during the project may affect the final cost.
Thank you for the opportunity to work with J2 and the City of Chandler on this exciting
project.
Sincerely,
Teresa Makinen
Project Name: TURF TO XERISCAPE PROGRAM
Page F-1
Project No.: ST2405.201
Rev. 1/24/2024
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A