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Project Name: Dr. A.J. Chandler Park Renovation Phase 1
Page 1
Project No.: CA2402.201
Rev. 1/12/2024
PROFESSIONAL SERVICES AGREEMENT
Design Services
DR. A.J. CHANDLER PARK RENOVATION PHASE 1
Project No. CA2402.201
Council Date: August 15, 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 Dig Studio, Inc., a Colorado corporation, ("Consultant") (City and Consultant may
individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for Dr. A.J. Chandler Park
Renovation Phase 1 project as more fully described in Exhibit "A", which is attached to and
made a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to enter into an Agreement with Consultant to provide these services under
the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
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Project No.: CA2402.201
Rev. 1/12/2024
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 434
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 $1,478,376 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: Dr. A.J. Chandler Park Renovation Phase 1
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Project No.: CA2402.201
Rev. 1/12/2024
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: Rachel Marx, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3354 Email: rachel.marx@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Dig Studio, Inc.
Mailing Address: 1521 15th Street, Denver, CO 80202
Physical Address: 1521 15th Street, Denver, CO 80202
Statutory Agent Name: Jay Hicks, PLA
Statutory Agent Mailing Address:
3003 N. Central Ave., Suite 800
Phoenix, AZ 85012
Statutory Agent Physical Address:
3003 N. Central Ave., Suite 800
Phoenix, AZ 85012
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Brandon Sobiech, PLA
Title:
Principal
Phone: 602-595-4101
Email:
brandon@digstudio.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
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Project No.: CA2402.201
Rev. 1/12/2024
the appropriate federal agency, has access to the subconsultants’ records to verify the
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.
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
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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.
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Project No.: CA2402.201
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5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
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5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding an Agreement
to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding an
Agreement to any natural person who cannot establish that such person is lawfully present
in the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of Agreement award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
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: Dr. A.J. Chandler Park Renovation Phase 1
Page 12
Project No.: CA2402.201
Rev. 1/12/2024
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:
Daniel Haskins, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
DIG STUDIO, INC.
Signature
Date
Print Name
Title
Signer Email Address
Brandon Sobiech, PLA
Principal, Landscape Architect
brandon@digstudio.com
7/10/24
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
Page A-1
Project No.: CA2402.201
Rev. 1/12/2024
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
AJ CHANDLER PARK: DESIGN SERVICES SCOPE OF SERVICES
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide services for the design, permitting, and development of
construction documents for the development of 2.3 Acres, Phase 1, of Dr. A.J. Chandler
Park located at 3 S. Arizona Ave., Chandler, Arizona, all as more specifically described
herein below.
1.2
The park design may include, but not be limited to, demolition of existing pavements,
water features, and structures. Design of new decorative hardscape plazas, relocated and
new public art, extensive shade tree infrastructure including below ground soil
improvements, event lawns, seasonal plazas with social activities, seating and site
furniture, park lighting, park power and wifi. The architectural improvements may include:
Two innovation canopies (of the same design) flanking the Arizona Avenue crosswalk,
storage rooms, (1) new restroom building, two park pavilions (of the same design). A more
detailed description of scope area and design components is included herein as part of
Exhibit A.
1.3
The project design budget is $1,478,376. The construction, furnishing and equipping
budget is assumed to be $12,643,000 (roughly 17,500,000 Project Costs) based on
discussions with the client team regarding desired limit of work and amenities within
scope.
1.4
Consultant will provide all design services for the Project including, but not limited to,
landscape, civil, mechanical, architectural and electrical engineering services.
1.5
Project Scope Diagram: SEE APPENDIX
2. ASSIGNMENT:
2.1
The design Agreement has been awarded to an architect based on their proposed
personnel and specified consultants. Any deviations or substitutions of these team
members must be pre-approved in writing by City. Those persons listed in Exhibit B will
perform those portions of the work listed therein.
3. PROJECT SCHEDULE:
3.1
Consultant must perform the services within the times set forth in the Production
Schedule included herein (Exhibit B) and made a part hereof by reference:
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
a. Task Duration of (62) weeks starting August 19th, 2024 and concluding October 10th,
2025. Subject to change depending on timeliness of City Review periods and response
time for decision making.
3.2
Consultant must adhere to the Production Schedule described herein and such schedule
may not be modified or deviated from without written consent of City. Consultant must
revise and submit for review an updated schedule whenever it is demonstrated that the
time for completion of the Project Design or of any of the partial completion points listed
in the schedule is delayed by two weeks or more. Such adjusted schedule will include a
written explanation stating the reasons for the change and a plan for getting back on
schedule. Consultant must take all reasonable actions necessary to get the project back
on schedule and City will cooperate to assist Consultant.
4. QUALITY CONTROL:
4.1
Consultant must institute and comply with the Design Quality Control Plan attached hereto
and made a part hereof by reference.
5. PRELIMINARY RESEARCH:
5.1
As and for preliminary research before preparing the project design, Consultant will:
a. Perform a Document Search for utility as-builts.
b. Perform a Document search for rights-of-way.
c. Perform a Document search for survey ties and benchmarks.
d. Perform a Document search for City policies, regulations, standards, design manuals,
and requirements, etc. relevant to project.
e. Research and/or obtain geotechnical reports and investigations, master plans,
computer model data and field surveys.
f.
Research all utility companies/agencies and acquire all available as-built and utility
records.
g. Investigate existing conditions, make measured drawings, and verify accuracy of
drawings or other information furnished by City.
h. Consultant must provide a survey of the project area that includes complete
topographical and property data of the immediate site. Design must utilize established
City of Chandler benchmarks and reference locations of benchmarks on the plans.
Clearly define the benchmark location and elevation that will be utilized for
construction of this facility.
6. UTILITY/AGENCY COORDINATION:
6.1
Coordination with utility companies and agencies must be in accordance with the latest
version of the “Public Improvement Project Guide” (PIPG).
6.2
Consultant must identify utility conflicts during the initial stages of the design process.
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
6.3
Consultant must coordinate the design and installation of the utilities, which includes, but
is not limited to, services for electric, communications, water, storm drainage, irrigation
and sanitary systems, etc.
6.4
Easements for these utilities must be identified early in the design stage of the project and
necessary information provided to City’s Real Estate Department to allow City to complete
acquisition during the design phase.
6.5
Engineers employed by Consultant must provide the legal descriptions for the natural gas
and electrical service easements.
6.6
Consultant must submit preliminary plans, specifications, and design calculations to
utilities/agencies for review and use during their design for their service improvements or
any necessary relocations.
6.7
Consultant must conduct utility meetings to coordinate relocations with utility/agency and
establish relocation schedules.
6.8
Consultant must follow-up with the final design submittal for utility construction and
coordination with the bid documents.
6.9
Consultant must incorporate the utility/agency private developer construction
requirements into the bid documents.
7. GEOTECHNICAL INVESTIGATION:
7.1
Consultant must perform all soil and pavement borings necessary to complete their work.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must be
incorporated into the bid documents in a manner usable to the excavation and foundation
bidding and construction.
8. PROGRAMMING:
8.1
Consultant must meet with City staff to ascertain the requirements of the Project and will
arrive at a mutual understanding of such requirements.
8.2
Consultant must perform a total of three (3) Public Information meetings. These will
include preparing exhibits, facilitating discussions and documenting meeting information
exchange. The exhibits will include a simple site orientation plan, and one line building
component plan(s). City will advertise and promote the meetings.
8.3
Consultant must facilitate six (6) “sub-committee” meetings to gather pertinent
information from:
a. City Staff
b. Adjacent Businesses
c. Event Organizers
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
8.4
Consultant must prepare a “Program” which will include:
a. Establish construction budget
b. Complete documentation of site survey from preliminary work
c. Define new buildings space needs
d. Define new building space requirements and amenities necessary to accommodate
planned activities in each space
e. Define site requirements
f.
Create a matrix of spaces, sizes and amenities
8.5
Based on the mutually agreed-upon program, schedule and construction budget
requirements, Consultant must prepare, for approval by City, Schematic Design Documents
consisting of drawings and other documents illustrating the scale and relationship of the
Project components.
9. SCHEMATIC DESIGN (30% Document Review):
9.1
When the design is approximately thirty percent complete, Consultant must do the
following:
a. Prepare a design concepts for various components of the phase 1 design, which depict
the size and orientation of the project elements in relation to one another.
b. Present initial concepts to City and its representatives (to potentially include a
contractor). Staff will collaborate with designers to manipulate the plans and mutually
decide on the best scheme.
c. The final scheme must incorporate City’s comments (and potentially a contractors’
comments) and be cleaned up for reference and presentation to City Council if
requested.
d. Attend a City Council meeting and brief City Council, which will include preparing
exhibits, rendering(s), computer graphic “fly-around”, displaying and explaining such
exhibits etc., to City Council and public while documenting meeting information
exchange.
e. Attend any other City Board meeting and brief the Board, which will include preparing
exhibits, renderings, computer graphic “fly-around”, displaying and explaining such
exhibits, etc., to Board members while documenting meeting information exchange.
f.
Prepare vertical sections across the site and through the building.
g. Prepare single line elevation drawing(s) and a perspective sketch of the exterior.
h. Complete a drainage analysis and provide solutions to mitigate the runoff.
i.
Identify all necessary offsite improvements such as: streets, utilities, irrigation, etc.,
and depict the scope in a schematic design plan.
j.
Submit the project to City for a Development Standards review.
k. Prepare a construction cost estimate for verification with the budget and re-design as
necessary to re-align the design with the construction budget.
l.
Submit to City’s Project Manager for comment two complete drawing sets with
drainage & structural calculations, one of which must be reproducible.
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
Dig Studio 30% Drawing deliverables will include:
•
Site Plan / Materials Plan: Provide Schematic Design layout for pedestrian hardscape and
planting areas including pool layout and program.
•
Sections/Elevations: Provide Design Development level sections and elevations to illustrate
design intent.
•
3d Study Model: Dig Studio will coordinate the overall 3d study model and present it for
review by the Client.
•
Planting Plan: Provide Schematic Design level layout for planting areas, identifying plant
locations and species.
•
Preliminary Details: Provide preliminary construction details for all planting and hardscape
elements.
•
30% Cost Estimate: Dig Studio will compile and coordinate the project 30% estimate of
probable construction costs. Cost to budget comparison may adjust the program to be
included within 60% drawings.
Dig Studio Sheets for Inclusion in Preliminary Site Plan Review Application (24”x36” Sheets):
•
Planning Application
•
Letter of Explanation (Project Narrative)
•
Site Plan (Black and White CAD, In coordination with WP and LF)
•
Rendered Site Plan
•
Landscape Plan (Black and White CAD)
Preliminary Site Plan Review Application Sheets prepared by Team (24”x36” Sheets):
•
Blackline Building Elevations (LF)
•
Preliminary Grading and Drainage Plans (WP)
10. DESIGN DEVELOPMENT (60% Document Review):
10.1
Based on the approved Schematic Design Documents and any adjustments authorized by
City in the program, schedule or construction budget, Consultant must prepare, for
approval by City, Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systems, materials and such other elements as may
be appropriate. When the design is approximately sixty percent (60%) complete, the
Consultant must do the following:
a. Allow and invite the Owner’s Representative to attend the regular weekly design
coordination meetings.
b. Develop a site plan. Design must utilize established City of Chandler benchmarks and
reference locations of benchmarks on the plans.
c. Collaborate with City to define their requirements for building systems.
d. Create an outline specification.
e. Prepare plans, elevations, sections, schedules and notes as required to fix and
describe the project as to civil, architectural, structural, mechanical, electrical, and
special systems.
f.
Perform code reviews and implement requirements into the design documents.
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
g. Consultant is required to review and complete the City's Constructability Review
Checklist. All applicable checklist items are required to be incorporated in the design
documents.
h. Value Engineer the design cooperatively with the entire design team and City’s
representatives. This effort will occur as early as effectively possible and consist of a
focused meeting addressing: relationships of components, construction materials,
and building systems.
i.
Prepare a construction cost estimate for verification with the budget. Re-design as
necessary to re-align the design with the construction budget.
j.
Present a second briefing to Board that will include preparing exhibits, renderings,
computer graphic “fly-around”, briefing Board members while documenting meeting
information exchange.
k. Conduct a full document set (plans & specs) review in the presence of all consultants
and City’s representatives and any other stakeholders.
l.
Submit once to City’s Project Manager for comment two complete drawing sets,
specifications, drainage & structural calculations, one of which will be reproducible.
Include original redline drawings and comments received from previous review along
with a review summary indicating action taken.
m. Schedule review meeting with plan check staff to discuss review comments. Clarify
with the plan check staff what the design challenges are and decide the method in
which they will be resolved.
Dig Studio 60% Design Document deliverable will include:
o
Site Plan / Materials Plan: Provide Design Development level layout for pedestrian
hardscape and planting areas.
o
Sections/Elevations: Provide Design Development level sections and elevations to
illustrate design intent.
o
3d Study Model: Dig Studio will coordinate the overall 3d study model and present it
for review by the Client.
o
Planting Plan: Provide Design Development level layout for planting areas,
identifying plant locations and species that conform to City of Chandler Landscape
Standards.
o
Fine Grading Plan: Provide grading plan for park features and hardscape areas
within the park scope of work to be coordinated with Civil Engineer.
o
Details: Provide Design Development level construction details for all planting and
hardscape elements.
o
60% Cost Estimate: Dig Studio will compile and coordinate the overall project 60%
estimate of probable construction costs. Cost to budget comparison may adjust the
final design documents.
11. CONSTRUCTION DOCUMENTS (90% Document Review):
11.1
Based on the approved Design Development Documents and any further adjustments in
the scope or quality of the Project or in the construction budget authorized by City,
Consultant must prepare, for approval by City, Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
of the Project. When the design is approximately ninety percent (90%) complete
Consultant must do the following:
a. Prepare plans, elevations, sections, schedules, notes and specifications as required to
be able to bid and construct the project in its entirety.
b. Cover sheet to be provided by City on diskette (AutoCAD 2004).
c. Provide City of Chandler with a copy of the AutoCAD files. Each building system must
be “layered” so as to be able to isolate trades or engineering from architectural
components or vice versa.
d. Conduct a full document set (plans & Specs) review in the presence of all consultants
and City’s representatives.
e. Provide document coordination of work performed by separate contractors or by
City’s own forces (i.e.: systems furniture or exercise equipment provisions &
installation, etc.).
f.
Prepare a construction cost estimate for verification with the budget. Re-design as
necessary to re-align the design with the construction budget.
g. Prepare bid alternates as necessary to assure budget can be met.
h. Submit to City’s Project Manager for comment two complete drawing sets,
specifications, drainage & structural calculations, one of which will be reproducible.
Include original redline drawings and comments received from previous review along
with a review summary indicating action taken.
Dig Studio deliverables will include:
o
Demolition Plan: Provide plan for demolition and removal of existing park of
existing park planting, hardscape, and other features as needed to prepare site for
new park improvements – coordinated with Civil Engineer.
o
Layout Plan: Provide dimensioned layout plan for pedestrian hardscape, furniture
and planting areas.
o
Planting / Hardscape Materials Plan: Locate and specify hardscape and plant
materials. Include plant schedule for planting areas that conform to City of Chandler
Landscape Standards.
o
Fine Grading Plan: Provide fine grading plan for areas of improvement within the
park in coordination with Civil Engineer.
o
Details: Provide construction details for planting and hardscape elements.
o
Specifications: Provide specifications for landscape and hardscape elements within
Dig Studio scope.
o
90% Cost Estimate: Dig Studio will compile and coordinate the overall project 90%
estimate of probable construction costs. Dig Studio will coordinate with the City of
Chandler and the project CMAR to compare probable cost estimates with the project
budget. Cost to budget comparison may adjust the final 100% design documents.
12. BID & AWARD (100% Documents):
12.1
Submit bid documents to Development Services for building permit. All plans, calculations
and specifications will be stamped. The specifications will be 8-1/2” x 11” and in electronic
format on diskette in Microsoft Word 98. Plans will be black line prints as well as on
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
diskette Auto CAD release 14 or R2000. Include original redline drawings and comments
received from previous review along with a review summary indicating action taken.
12.2
Pick-up plan review final comments and prepare stamped Mylar documents for
reproduction. City will have the bid sets reproduced from these Mylar’s.
12.3
Assist City in the preparation of the Bid Form.
12.4
Attend and participate at the pre-bid conference for the purpose of answering technical
questions from potential bidders.
12.5
Assist City in the evaluation of “substitutions and or-equals” and make a recommendation
to accept or decline.
12.6
Prepare addenda for review and approval by City. City will distribute.
12.7
If bids are 10% over or under the “engineers estimate”, Consultant will be required to
provide a detailed evaluation explaining differences. Then the documents will be modified
and re-bid at no additional cost to City.
The Design Team Deliverables:
o
Prepare Final PS&E addressing City of Chandler 90% review comments.
o
95% 1st Community Services Plan Review Submittal and Comment Response.
o
100% Final Community Services Plan Review Submittal (Permit Drawings)
o
Confirm all permits and approvals are completed.
13. PERIOD OF SERVICE (MILESTONES):
13.1
Following receipt of a “Notice to Proceed” with the design work, Consultant must complete
the design and have all documents ready for bidding within 434 calendar days of the date
indicated on the Notice to Proceed.
13.2
Consultant must complete all services specified herein in accordance with the Production
Schedule and progress milestones included in Exhibit B attached herein. In the event
delays are experienced beyond the control of Consultant, the completion date may be
extended as mutually agreed upon by City and Consultant.
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
Excluded Services (Not Included in Scope of Work)
The following are specific services that are excluded from Dig Studio’s Scope of Work. If requested,
these tasks shall be identified as such and billed at the current Billing Rate Schedule. Excluded
Services shall include, but are not limited to the following:
A. ADDITIONAL GRAPHIC EXHIBITS OR DELIVERABLES: Additional Graphic Exhibits or
Deliverables requested and approved by the Client beyond those indicated in each stage
of the Scope of Work above.
B. FEES: Payment for governmental permits, application fees, processing fees, and plan check
fees.
C. ADDITIONAL MEETINGS: Additional Meetings in excess of those indicated in each stage of
the Scope of Work above.
D. THIRD PARTY ILLUSTRATIONS/RENDERINGS: Professional third-party marketing renderings,
beyond Deliverables mentioned above as part of the Final Master Plan, as requested and
approved by Client. Cost to include Dig Studio vendor cost and Dig Studio’s labor for
computer modeling and coordination plus administration fee.
E. SCALE MODELS: Scale models as requested and approved for by Client. Cost to include
Dig Studio cost (either internal or subcontracted) and Dig Studio’s labor to prepare model
drawings and coordination plus administration fee.
F. ADDITIONAL SUBMITTAL REVIEWS beyond those listed.
H. CONSTRUCTION ADMINISTRATION: Construction Administration and Special Inspections are
part of future proposal.
K. ENVIRONMENTAL ANALYSIS: Including hazardous materials identification or abatement
Dig Studio Billing Rate Table:
(See Attached Sub-Consultant proposals for Subconsultant Bill Rates)
Category
Amount
Sr. Principal
$ 230.00
Principal
$ 210.00
Sr/ Project Manager
$ 185.00
Sr. Landscape Architect
$ 160.00
Landscape Designer IV
$ 135.00
Landscape Designer III
$ 125.00
Landscape Designer II
$ 115.00
Landscape Designer I
$ 110.00
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
Attachments:
Attachment A1: AJ Chandler Project Schedule (DRAFT)
Attachment B1: Fee + Task Summary Table
Attachment B2: Dig Studio Detailed Hour Breakdown
Attachment C: Sub-consultant Scope and Fee Proposals as follows:
a.
Lake Flato
b.
Ardurra
c.
BDA Design
d.
Clanton Associates
e.
Henderson
f.
Ninyo Moore
g.
Lokahi
h.
Dry Utility Services
i.
Biederman Redevelopment
Ventures
j.
Marc Taylor, Inc.
These fees are based on our current understanding of the project and desired scope of services. The
remainder of the scope of work and associated fees to be executed by Dig Studio’s sub-consultants
are attached.
Sincerely,
Brandon Sobiech, PLA
Principal, Dig Studio, Inc.
Dr. A.J. Chandler Park
Dig Studio, Inc. | 3003 N. Central Ave Suite 800, Phoenix Arizona | 602.595.4101
Project Scope Diagrams: ~ 2.3 Acres.
Scope excludes Arizona Ave Streetscape and parking areas.
Scope Assumes Innovation Canopies are of the same design.
Scope Assumes Park Pavilions are of the same design.
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
Page B-1
Project No.: CA2402.201
Rev. 1/12/2024
EXHIBIT “B”
COMPENSATION AND FEES
Date:
7/5/2024
Comments
Dig Studio
Design
Reimbursable Expenses
95,310.00
$
PM Incl.
95,310.00
$
124,310.00
$
PM Incl.
124,310.00
$
131,560.00
$
PM Incl.
131,560.00
$
38,980.00
$
PM Incl.
38,980.00
$
Sub-Total
390,160.00
$
5,000.00
$
Reduced
5,000.00
$
Total Dig Studio Fees & Expenses
395,160.00
$
395,160.00
$
-
$
Architecture - Lake Flato
390,000.00
$
7,600.00
$
Reduced
397,600.00
$
Civil Engineering - Ardurra
264,855.00
$
Reduced
264,855.00
$
Structural - BDA Design
41,100.00
$
41,100.00
$
Electrical + Lighting Design - Clanton Associates
119,860.00
$
2,500.00
$
Reduced
122,360.00
$
Mechancial + Plumbing - Henderson
20,000.00
$
20,000.00
$
Geotechnical - Ninyo Moore
12,000.00
$
12,000.00
$
Design Assist + Ped Crossing Lokahi
27,420.00
$
Removed Traffic
27,420.00
$
Programming - Biederman Redevelopment Ventures
80,000.00
$
Reduced
80,000.00
$
Cost Estimation - Marc Taylor, Inc.
42,335.00
$
Reduced
42,335.00
$
Utility Coordination - DUS
24,546.00
$
1,000.00
$
25,546.00
$
Sub-Total Sub Consultants Design
1,022,116.00
$
11,100.00
$
Sub-Total Design
1,428,376.00
$
1,428,376.00
$
Sub-Total Full Team Design Fee
1,428,376.00
$
Owner Controlled Allowance - Lump Sum
50,000.00
$
50,000.00
$
PROJECT TOTALS
1,478,376.00
$
DIG STUDIO
Task 10.0: Design Development (60%)
Task 9.0: Concept / Schematic (30%)
EXHIBIT "B-1"
TASK DESCRIPTION
DR. A.J. CHANDLER PARK
Projected Project Costs: $16,500,000
Projected Construction Costs:
$12,643,000
Sub-Consultants - Design Services
COST SUMMARY WITH SUBCONSULTANTS
Task 11.0: Construction Documents (90% / GMP)
Task 12.0: Permitting Documents (100% / IFC)
DESIGN FEES
Date:
7/5/2024
P3, Sr
Principal
P1, Assoc
Principal
Sr. Project
Mgr.
Landscape
Designer IV
Landscape
Designer III
Landscape
Designer II
Comments
Jay Hicks
Brandon
Sobiech
Jeff Lothner
Jose Munoz /
Staff
Patrick Kelty
/ Staff
Staff
$ 230.00 $ 210.00 $ 185.00 $ 135.00 $ 125.00 $ 115.00
7
122
82
62
130
246
95,310.00
$
649
10wk + 4wk review
Park Programming / Access
0
12
8
0
16
20
8,300.00
$
56
Build on MP Phase
Public/Stakeholder Meetings
0
14
12
0
14
0
6,910.00
$
40
1 public + 6 stakeholder
Schematic Design Set
-
$
Hardscape Plans / Details
2
16
16
16
40
60
20,840.00
$
150
Landscape Plans / Details
2
16
16
16
40
40
18,540.00
$
130
Irrigation Plans / Details
2
2
0
2
0
30
4,600.00
$
36
Site Grading Coordination
0
4
0
4
0
8
2,300.00
$
16
Site Electrical Coordination
0
4
0
4
0
8
2,300.00
$
16
City Site Plan Submittal
0
4
0
8
0
8
2,840.00
$
20
Visualization
0
16
0
0
0
60
10,260.00
$
76
30% Cost Estimate Coordination
1
8
8
0
8
12
5,770.00
$
37
City Coordination Meetings (bi-weekly)
0
14
14
0
12
0
7,030.00
$
40
7 Meetings
Project Management / Coordination of
Traffic+Drainage Reports + Art
0
12
8
12
0
0
5,620.00
$
32
-
$
0
13
158
98
96
162
320
124,310.00
$
847
10wk + 4wk review
Public/Stakeholder Meetings
0
8
8
0
8
0
4,160.00
$
24
1 public + 3 board
Design Development Set
-
$
Hardscape Plans / Details
4
34
20
24
48
80
30,200.00
$
210
Landscape Plans / Details
4
20
20
24
60
48
25,080.00
$
176
Irrigation Plans / Details
4
2
0
16
0
60
10,400.00
$
82
Fine Grading Plans
0
24
0
4
4
32
9,760.00
$
64
Outline Specifications
0
4
12
8
0
0
4,140.00
$
24
Site Electrical Coordination
0
8
0
8
0
8
3,680.00
$
24
City Design Review Submittals
0
8
8
0
16
16
7,000.00
$
48
3D modeling / Visualization Updates
0
16
0
0
0
60
10,260.00
$
76
60% Cost Estimate / CMAR Coordination
1
8
8
0
12
16
6,730.00
$
45
City Coordination Meetings (bi-weekly)
0
14
14
0
14
0
7,280.00
$
42
7 Meetings
Project Management / Coordination of Design Team
+ Art
0
12
8
12
0
0
5,620.00
$
32
7
156
96
104
214
336
131,560.00
$
913
12wk + 6wk review
Public/Stakeholder Meetings
0
8
8
0
8
0
4,160.00
$
24
1 public + 3 board
90% Construction Document Set
-
$
Hardscape Plans / Details
2
32
18
32
80
120
38,630.00
$
284
Landscape Plans / Details
2
32
18
16
80
80
31,870.00
$
228
Irrigation Plans / Details
2
2
0
16
0
80
12,240.00
$
100
Fine Grading Plans
0
30
0
4
4
24
10,100.00
$
62
Dr. A.J. Chandler Park
Task 11.0: Construction Documents (90% / GMP)
TASK DESCRIPTION
DIG STUDIO
EXHIBIT "B-2"
Task 9.0: Concept / Schematic (30%)
Task 10.0: Design Development (60%)
TOTAL HOURS
PER TASK
PROJECT ROLE
< HOURLY RATES
Hours and Rates
Detailed Specifications
0
8
16
16
0
0
6,800.00
$
40
Site Electrical Coordination
0
4
0
8
0
8
2,840.00
$
20
90% Cost Estimate / CMAR GMP Coordination
1
10
10
0
24
24
9,940.00
$
69
City Coordination Meetings (bi-weekly)
0
18
18
0
18
0
9,360.00
$
54
9 Meetings
Project Management / Coordination of Design Team
+ Art
0
12
8
12
0
0
5,620.00
$
32
4
28
48
60
48
80
38,980.00
$
268
4 wks + 4wk rvw + 4 wk
Public/Stakeholder Meetings
0
0
0
0
0
0
-
$
0
none
Permit Set Development
-
$
City Comment Reconcilation + Finalize Plans
2
6
8
16
24
40
12,960.00
$
96
Cost Reconcilation + Final Plan Adjustments
2
6
8
16
24
40
12,960.00
$
96
Finalize Specifications
0
6
16
12
0
0
5,840.00
$
34
City Coordination Meetings (bi-weekly)
0
6
8
0
0
0
2,740.00
$
14
4 Meetings
Project Management / Permit Submittals
0
4
8
16
0
0
4,480.00
$
28
31
464
324
322
554
982
390,160.00
$
2677
TOTAL HOURS:
Task 12.0: Permitting Documents (100% / IFC)
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
Page C-1
Project No.: CA2402.201
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: Dr. A.J. Chandler Park Renovation Phase 1
Page C-2
Project No.: CA2402.201
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: Dr. A.J. Chandler Park Renovation Phase 1
Page C-3
Project No.: CA2402.201
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: Dr. A.J. Chandler Park Renovation Phase 1
Page D-1
Project No.: CA2402.201
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.
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
E-1
Project No.: CA2402.201
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.
1
July 3, 2024
Brandon Sobiech
Dig Studio
3003 N. Central Ave., Suite 800
Phoenix, AZ 85012
brandon@digstudio.com
Brandon,
We are excited to have the opportunity to work with you on the AJ Chandler Park Improvements
Project. As discussed, below is an outline of our proposed services, deliverables, and associated
fees. Please let us know if you have any questions or need further clarification.
BACKGROUND
Dr. A.J. Chandler Park is a 5.62-acre special use park located in the center of the Downtown core
between Buffalo Street, Boston Street, San Marcos Place, and Arizona Place, with South Arizona
Avenue running north and south, dividing the park into two areas. Dr. Chandler envisioned a
landscaped central park that would be surrounded by businesses. The new Phase One design and
construction is planned to include new infrastructure, hardscape, shading, pedestrian crossing
across Arizona Avenue, technology features, and other associated amenities.
PROPOSED SCOPE OF WORK DESCRIPTION
Phase One architectural scope will include the following elements:
-
(2) Innovation Canopies (of the same design)
-
(1) Restroom building with storage space
-
(2) Park Pavilions with storage rooms (of the same design)
The following scope pertains to the area indicated in the diagram included herein (Exhibit A). Any
additional elements outside of the boundary in this diagram (Exhibit A) are excluded from this
scope. Additionally, an aerial photograph overlayed with the same boundary (Exhibit B) shows
existing conditions at the area of inquiry. Any elements outside of this boundary are not included
in this proposed scope.
Task 1.1 – Preliminary Research
(Others to lead, LF to support as needed)
For preliminary research before preparing the project design, Consultant will:
a. Perform a Document Search for utility as-builts.
b. Perform a Document search for rights-of-way.
c. Perform a Document search for survey ties and benchmarks.
d. Perform a Document search for City policies, regulations, standards, design manuals,
and requirements, etc. relevant to project.
e. Research and/or obtain geotechnical reports and investigations, master plans, computer
model data and field surveys.
2
f.
Research all utility companies/agencies and acquire all available as-built and utility
records.
g. Investigate existing conditions, make measured drawings, and verify accuracy of
drawings or other information furnished by City.
h. Consultant must provide a survey of the project area that includes complete
topographical and property data of the immediate site. Design must utilize established
City of Chandler benchmarks and reference locations of benchmarks on the plans.
Clearly define the benchmark location and elevation that will be utilized for construction
of this facility.
Task 2.1 – Utility/Agency Coordination
(Others to lead, LF to support as needed)
Coordination with utility companies and agencies must be in accordance with the latest version of
the “Public Improvement Project Guide” (PIPG).
a. Consultant must identify utility conflicts during the initial stages of the design process.
b. Consultant must coordinate the design and installation of the utilities, which includes,
but is not limited to, services for electric, communications, water, storm drainage,
irrigation and sanitary systems, etc.
c. Easements for these utilities must be identified early in the design stage of the project
and necessary information provided to City’s Real Estate Department to allow City to
complete acquisition during the design phase.
d. Engineers employed by Consultant must provide the legal descriptions for the natural
gas and electrical service easements.
e. Consultant must submit preliminary plans, specifications, and design calculations to
utilities/agencies for review and use during their design for their service improvements
or any necessary relocations.
f.
Consultant must conduct utility meetings to coordinate relocations with utility/agency
and establish relocation schedules.
g. Consultant must follow-up with the final design submittal for utility construction and
coordination with the bid documents.
h. Consultant must incorporate the utility/agency private developer construction
requirements into the bid documents.
Task 3.1 – Geotechnical Investigation
(Others to lead, LF to support as needed)
a. Consultant must perform all soil and pavement borings necessary to complete their
work.
b. Sub-surface soil conditions, established by the geotechnical investigations, must be
incorporated into the bid documents in a manner usable to the excavation and foundation
bidding and construction.
3
Task 4.1 Programming
(Others to lead, LF to support as needed)
a. Consultant must meet with City staff to ascertain the requirements of the Project and will
arrive at a mutual understanding of such requirements.
b. Consultant must perform a total of 3 Public Information meetings. These will include
preparing exhibits, facilitating discussions and documenting meeting information
exchange. The exhibits will include a simple site orientation plan, and one line building
component plan(s). City will advertise and promote the meetings.
c. Consultant must facilitate 6 “sub-committee” meetings to gather pertinent information
from:
- City Staff
- Adjacent Businesses
- Event Organizers
d. Consultant must prepare a “Program” which will include:
- Establish construction budget
- Complete documentation of site survey from preliminary work
- Define new buildings space needs
- Define new building space requirements and amenities necessary to
accommodate planned activities in each space
- Define site requirements
- Create a matrix of spaces, sizes, and amenities
e. Based on the mutually agreed-upon program, schedule and construction budget
requirements, Consultant must prepare, for approval by City, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of the Project components.
Task 5.1 Schematic Design (30% Document Review)
(Dig Studio to lead, LF to lead architectural scope)
When the design is approximately thirty percent complete, Consultant must do the following:
a. Prepare design concepts for various components of the phase 1 design, which depict the
size and orientation of the project elements in relation to one another.
b. Present initial concepts to City and its representatives (to potentially include a
contractor). Staff will collaborate with designers to manipulate the plans and mutually
decide on the best scheme.
c. The final scheme must incorporate the City’s comments (and potentially a contractors’
comments) and be cleaned up for reference and presentation to the City Council if
requested.
d. Attend a City Council meeting and brief City Council, which will include preparing
exhibits, rendering(s), computer graphic “fly-around”, displaying and explaining such
4
exhibits etc., to City Council and public while documenting meeting information
exchange.
e. Attend any other City Board meeting and brief the Board, which will include preparing
exhibits, renderings, computer graphic “fly-around”, displaying and explaining such
exhibits, etc., to Board members while documenting meeting information exchange.
f.
Prepare vertical sections across the site and through the buildings.
g. Prepare single line elevation drawing(s) and a perspective sketch of the exterior.
h. Complete a drainage analysis and provide solutions to mitigate the runoff. (Dig Studio to
lead)
i.
Identify all necessary offsite improvements such as: streets, utilities, irrigation, etc., and
depict the scope in a schematic design plan. (Dig Studio to lead)
j.
Submit the project to City for a Development Standards review.
k. Prepare a construction cost estimate for verification with the budget and re-design as
necessary to re-align the design with the construction budget.
l.
Submit to City’s Project Manager for comment two complete drawing sets with drainage
& structural calculations, one of which must be reproducible.
Task 6.1 Design Development (60% Document Review)
(Dig Studio to lead, LF to lead architectural scope)
Based on the approved Schematic Design Documents and any adjustments authorized by City in
the program, schedule or construction budget, Consultant must prepare, for approval by City,
Design Development Documents consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural, structural, mechanical and electrical
systems, materials and such other elements as may be appropriate. When the design is
approximately sixty percent (60%) complete, the Consultant must do the following:
a. Allow and invite the Owner’s Representative to attend the regular weekly design
coordination meetings.
b. Develop a site plan. Design must utilize established City of Chandler benchmarks and
reference locations of benchmarks on the plans.
c. Collaborate with City to define their requirements for building systems.
d. Create an outline specification.
e. Prepare plans, elevations, sections, schedules, and notes as required to fix and
describe the project as to civil, architectural, structural, mechanical, electrical, and
special systems.
f. Perform code reviews and implement requirements into the design documents.
g. Consultant is required to review and complete the City's Constructability Review
Checklist. All applicable checklist items are required to be incorporated in the design
documents.
h. Value Engineer the design cooperatively with the entire design team and City’s
representatives. This effort will occur as early as effectively possible and consist of a
5
focused meeting addressing relationships of components, construction materials, and
building systems.
i. Prepare a construction cost estimate for verification with the budget. Re-design as
necessary to re-align the design with the construction budget.
j. Present a second briefing to Board that will include preparing exhibits, renderings,
computer graphic “fly-around”, briefing Board members while documenting meeting
information exchange.
k. Conduct a full document set (plans & specs) review in the presence of all consultants
and City’s representatives and any other stakeholders.
l. Submit once to City’s Project Manager for comment two complete drawing sets,
specifications, drainage & structural calculations, one of which will be reproducible.
Include original redline drawings and comments received from previous review along
with a review summary indicating action taken.
m. Schedule review meeting with plan check staff to discuss review comments. Clarify
with the plan check staff what the design challenges are and decide the method in which
they will be resolved.
Task 7.1 Construction Documents (90% Document Review)
(Dig Studio to lead, LF to lead architectural scope)
Based on the approved Design Development Documents and any further adjustments in the
scope or quality of the Project or in the construction budget authorized by City, Consultant must
prepare, for approval by City, Construction Documents consisting of Drawings and Specifications
setting forth in detail the requirements for the construction of the Project. When the design is
approximately ninety percent (90%) complete Consultant must do the following:
a. Prepare plans, elevations, sections, schedules, notes and specifications as required to
be able to bid and construct the project in its entirety.
b. Cover sheet to be provided by City on diskette (AutoCAD 2004).
c. Provide City of Chandler with a copy of the AutoCAD files. Each building system must
be “layered” so as to be able to isolate trades or engineering from architectural
components or vice versa.
d. Conduct a full document set (plans & Specs) review in the presence of all consultants
and City’s representatives.
e. Provide document coordination of work performed by separate contractors or by City’s
own forces (i.e.: systems furniture or exercise equipment provisions & installation, etc.).
f. Prepare a construction cost estimate for verification with the budget. Re-design as
necessary to re-align the design with the construction budget.
g. Prepare bid alternates as necessary to assure budget can be met.
h. Submit to City’s Project Manager for comment two complete drawing sets,
specifications, drainage & structural calculations, one of which will be reproducible.
Include original redline drawings and comments received from previous review along
with a review summary indicating action taken.
6
Task 8.1 Bid & Award (100% Documents)
(Dig Studio to lead, LF to lead architectural scope)
a. Submit bid documents to Development Services for building permit. All plans,
calculations and specifications will be stamped. The specifications will be 8-1/2” x 11”
and in electronic format on diskette in Microsoft Word 98. Plans will be black line prints
as well as on diskette Auto CAD release 14 or R2000. Include original redline drawings
and comments received from previous review along with a review summary indicating
action taken.
b. Pick-up plan review final comments and prepare stamped Mylar documents for
reproduction. City will have the bid sets reproduced from these Mylar’s.
c. Assist City in the preparation of the Bid Form.
d. Attend and participate in the pre-bid conference for the purpose of answering
technical questions from potential bidders.
e. Assist City in the evaluation of “substitutions and or-equals” and make a
recommendation to accept or decline.
f. Prepare addenda for review and approval by City. City will distribute.
PROJECT SCHEDULE*
*(Based on attached Exhibit “C” for pertinent timeline)
Lake Flato has prepared the proposal and associated fees based on the following schedule. If the
owner provides an alternative schedule, Lake Flato will review, comment, and update this
proposal as necessary. Lake Flato will perform the services within the times set forth in the
Production Schedule included herein (Exhibit C) and made a part hereof by reference:
(A.) Task Duration of (62) weeks starting August 19th, 2024, and concluding October 10th,
2025. Subject to change depending on timeliness of City Review periods and response
time for decision making.
(B.) Lake Flato will adhere to the Production Schedule described herein and such schedule
may not be modified or deviated from without written consent of City. Consultant must
revise and submit for review an updated schedule whenever it is demonstrated that the
time for completion of the Project Design or of any of the partial completion points listed
in the schedule is delayed by two weeks or more. Such adjusted schedule will include a
written explanation stating the reasons for the change and a plan for getting back on
schedule. Consultant must take all reasonable actions necessary to get the project back
on schedule and City will cooperate to assist Consultant.
Schematic Design (30%)
14 Weeks
•
30% Design Drawings
10 Weeks
•
30% Cost Estimation
4 Weeks
7
Programming + Governance Planning
12 Weeks
•
Conducted congruently with the Schematic Design Phase
Design Development
14 Weeks
•
60% Design Drawings
10 Weeks
•
60% Cost Estimation
4 Weeks
Construction Documents (90%)
14 Weeks
•
90% Design Drawings
10 Weeks
•
90% Cost Estimation / Final GMP
4 Weeks
Construction Documents (100%)
13 Weeks
•
100% Permit Drawings
4 Weeks
•
City Permit Review
4 Weeks
•
100% Final IFC (2nd review)
5 Weeks
SUMMARY
55 Weeks
Note: Schedule dates and details may shift throughout the process as refinements and project
coordination take place.
DESIGN FEES
Based on the above scope provided, Lake|Flato proposes a fee as follows for architectural design
services as detailed in this proposal related to the AJ Chandler Park project.
Task 1.1: Preliminary Research
$__N/A____ TOTAL
Task 2.1: Task 2.1 – Utility/Agency Coordination
$__N/A___ TOTAL
Task 3.1 – Geotechnical Investigation
$__N/A___ TOTAL
Task 4.1 Programming
$__N/A___ TOTAL
Task 5.1 Schematic Design (30% Document Review)
$150,000
TOTAL
Task 6.1 Design Development (60% Document Review)
$105,000
TOTAL
Task 7.1 Construction Documents (90% Document Review)
$130,000
TOTAL
Task 8.1 Bid & Award (100% Documents)
$ 5,000 TOTAL
GRAND TOTAL
*$390,000
*Please Note: Reimbursable expenses are not included in the grand total. No consultants are included in
this fee.
8
REIMBURSABLE EXPENSES
Reimbursable expenses, including printing, modeling materials, telecommunications, travel,
lodging, and delivery services (shipping costs and labor to build shipping container) or any other
services are billed at an expense of 1.2 times the cost.
2024 HOURLY RATES*
For additional services outside of the scope listed above, fees will be amended to reflect hourly
rates below.
Lake Flato’s hourly billing rates are as follows:
Partner (Matt Wallace)
$330
Associate Partner
$240
Associate
$230
Project Architect
$200
Project Director
$180
Project Designer
$150
Designer
$130
Intern
$80
*Hourly Rates are updated on an annual basis and are subject to change
AGREEMENT
If you agree with the terms above, please consider this a Letter of Agreement. Please sign two
copies and return one to Lake|Flato Architects, Inc. Thank you for this opportunity. Please call us
if you have any questions about this letter or the process moving forward.
__________________________
7/03/24
Matt Wallace, AIA, LEED AP BD + C
Date
Partner
Lake|Flato Architects, Inc.
__________________________
____________________________
Brandon Sobiech
Date
Dig Studio
Principal
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
1 | P a g e
June 24, 2024
Brandon Sobiech
Dig Studio
3003 N. Central Ave., Suite 800
Phoenix, AZ 85012
Sent Via Email: brandon@digstudio
RE:
Scope of Work and Fee Proposal for Final Design Services for Dr. AJ Chandler Park
Improvements
Dear Mr. Sobiech,
Thank you for allowing Ardurra to provide you with the attached scope and fee proposal for
civil engineering design and survey services for the subject project.
Our Scope of Services outlines the tasks and deliverables for the items discussed with Ardurra,
including project objectives, explanation of our procedures, identification of responsibilities,
and estimated fees. Should you have any questions or need additional information
concerning the preparation of this proposal, please contact me (jcatt@ardurra.com).
Ardurra anticipates completing the Project and providing the required deliverables for this
project as outlined in the attached documents for a design fee not to exceed $264,855.00.
The design is anticipated to be completed within 310 calendar days from Notice To Proceed.
Ardurra is a multi-disciplined full-service engineering firm, providing broad-based solutions
tailored to the specific needs of our clients. We provide water, civil, public works, survey, and
transportation services to the region. We appreciate the opportunity to submit this proposal to
you and look forward to the success of this project.
Respectfully,
Ardurra
John Catt, P.E.
Practice Director
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
2 | P a g e
SCOPE OF WORK
FINAL DESIGN SERVICES FOR DR. AJ CHANDLER PARK IMPROVEMENTS
PROJECT DESCRIPTION
ARDURRA proposes to provide survey and civil engineering services for the design, permitting,
and development of construction documents for the development of 2.3 Acres, Phase 1, of Dr.
A.J. Chandler Park located at 3 S. Arizona Ave., Chandler, Arizona, all as more specifically
described herein below.
The park design may include, but not be limited to, demolition of existing pavements, water
features, and structures. Design of new decorative hardscape plazas, relocated and new public
art, extensive shade tree infrastructure including below ground soil improvements, event lawns,
seasonal plazas with social activities, seating and site furniture, park lighting, park power and
Wi-Fi. The architectural improvements may include: Two innovation canopies flanking the
Arizona Avenue crosswalk, storage rooms, new restrooms, two park pavilions. Refer to Figure 1
for the master plan concept.
For the project, it is anticipated that the following services are required:
Topographic Survey, parcel/ROW Base Mapping
Data Collection, Utility Base Mapping & Utility Meetings
Programming
Design Documents (30%, 60%, 90% and Final)
FIGURE 1 – Phase 1 Master Plan Concept
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
3 | P a g e
The project scope of work and related tasks are outlined in detail below:
1. SURVEY & TOPOGRAPHIC BASE MAPPING
1.1. Survey Control - Survey control for the project shall be in accordance with City of
Chandler requirements NAD83 Arizona State Plane Central Zone Coordinates and
NAVD88 elevations. Ardurra shall perform ground survey, tying into at least three MCDOT
GDACS benchmarks to establish horizontal control and at least two published City of
Chandler benchmarks to adjoin vertical control.
1.2. Topographic Field Survey - Ardurra shall collect field survey data within the yellow outlined
area shown in Figure 2 below. Field crews will collect existing features within the project
area including, but not limited to, walls, curb and gutter, striping, median curb, catch
basins/curb inlets with inverts, basin high and low points, scuppers, water meter boxes,
water valves with top of nuts and gas valves, manholes with inverts, utility poles and guy
wires, traffic signal poles, utility boxes, fences, large trees, mailboxes, signs and public &
private irrigation. The topographic survey will be performed using GPS RTK and Robotic
Total Station if necessary. Nominally, topographic data will be collected on a 50’ grid or
smaller/tighter as necessary. All grade breaks will be collected as well. Exclusions: No
Blue-Stake markings will be collected, and no underground marking requests will be
made.
1.3. Topographic Base Mapping - Ardurra shall provide a topographic base map including the
above-mentioned features. Sectional and centerline control (if any) will be based on
monumentation found in the field. Line work will be provided for linear features along with
symbols for other features. Topographic survey base map will be produced at an
appropriate scale and presented in Civil3D 2022 format. A Digital Terrain Model (DTM) will
be produced utilizing the above-mentioned points and break lines.
1.4. Parcel and Right-of-Way Base Mapping - Ardurra shall produce a base map/drawing
including existing parcel & ROW line work and any Sectional/centerline monumentation
found in the field. Ardurra will utilize any parcel line work from, and as shown on the
Maricopa County Assessor GIS web site, with reference to plat and deed information to
identify existing ROW and parcels for the project site. Adjustments will be made to make
the ROW lines consistent with sectional/centerline information collected/developed and
ROW widths as shown on said GIS web site. There are no tasks associated with preparation
of a right-of-way strip map as part of this scope of work.
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
4 | P a g e
FIGURE 2 – Topographic Survey Limits
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
5 | P a g e
2. DATA COLLECTION & UTILITY MAPPING
2.1. Data Collection and Bluestake - Ardurra shall collect and review existing maps, plans,
as-builts/record drawings, drainage reports, water reports, and any other information
available from the City. Ardurra shall submit a bluestake design ticket to determine
existing utilities in the area and submit map requests to those utility providers.
2.2. Utility Base Mapping - Ardurra shall utilize topographic survey, blue stake, utility maps/as-
builts and other record information gathered in task 1 above to generate an existing
utility base map depicting all known below ground utilities.
2.3. Utility Meetings – Ardurra will attend utility meetings. Meetings will be conducted by
and ran by Dry Utilities Services. It is assumed that utility meetings will be held at the 30%,
60%, 90% and 100% design stages and will be two (2) hours in duration.
3. PROGRAMMING & MEETINGS:
3.1. Meetings: Ardurra will attend the following meetings:
Ardurra will attend a kickoff meeting with Dig Studio and City staff to ascertain the
requirements of the Project and will arrive at a mutual understanding of such
requirements.
Ardurra will attend ten (10) client bi-weekly meetings.
Ardurra will attend twenty-four (24) project team meetings
Ardurra will assist with the preparation of a “Program” document which will include:
o Complete documentation of site survey from preliminary work (refer to task 1)
o Review of new buildings space needs and that civil improvements will work
o Review new building space requirements and amenities necessary to
accommodate new utility services.
o Define site requirements
Based on the mutually agreed-upon program, schedule and construction budget
requirements, Ardurra will assist with the preparation, for approval by City, Schematic
Design Documents consisting of drawings and other documents illustrating the scale
and relationship of the Project components.
4. SCHEMATIC DESIGN (30% PLANS AND COST ESTIMATE)
4.1. Preliminary 30% Civil Plans - Ardurra shall do initial drainage and utility design analysis to
prepare a preliminary grading & drainage plan and preliminary utility plan. Preliminary
grading & drainage plan will include finished floor elevations, drainage patterns,
preliminary elevations and proposed improvements including management of on-site
storm water runoff and retention. Preliminary utility plan will include horizontal layout for
new on-site water/sewer only.
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
6 | P a g e
5. DESIGN DEVELOPMENT (60% PLANS, SPECIFICATIONS AND ESTIMATES)
5.1. 60% Grading & Drainage Plan - Ardurra shall prepare a grading & drainage plan at 60%
which includes site elevations, building finished floor elevations, retention design,
pavement structural design (based on geotechnical recommendations), earthwork
calculations, and site details. Retaining wall calculations and/or plans are not included
in this proposal.
5.2. 60% On-site Utility Plan - Ardurra shall prepare an on-site utility plan at 60% which
includes on-site domestic water and sewer design (including water and sewer taps to
within 5’ of buildings). New services for domestic and landscape needs will be provided
as needed. There is no offsite water or sewer main design as a part of this task.
5.3. 60% Stormwater Management Plan - Ardurra shall prepare a storm water management
plan at 60% in accordance with the City of Phoenix and Arizona Department of
Environmental Quality (ADEQ) Construction General Permit. It is the Contractor’s
responsibility to submit the Notice of Intent (NOI) and is to confirm conformance with, or
satisfaction of, analysis regarding this Project’s effect on environmental and biological
conditions. Contractor will be responsible for filing the Notice of Termination (NOT) upon
completion of the project.
5.4. 60% Drainage Report - Ardurra shall prepare a preliminary drainage report to
accompany the 60% grading and drainage plan submittal as required by Development
Services for their review. As we’re in the Denver Basin Drainage Area which has a zero
retention requirement and we aren’t increasing the net paved areas it is assumed that
there will not be any need for any new retention/underground storage basins.
5.5. 60% Special Provisions - Ardurra will prepare and compile the 60% specifications for the
proposed project including civil improvements based on CSI format and modified as
needed to meet City requirements which will consist of a detailed list of applicable
standard specifications and preliminary specials provisions for specialty items.
6. CONSTRUCTION DOCUMENTS (90% PLANS, SPECIFICATIONS AND ESTIMATES)
6.1. 90% Grading & Drainage Plan - Ardurra shall prepare a grading & drainage plan at 90%
as described in Task 5.1. Ardurra shall update the design and plans to address any City
and internal review comments from the 60% submittal.
6.2. 90% On-site Utility Plan - Ardurra shall prepare an on-site utility plan at 90% as described
in Task 5.2. Ardurra shall update the design and plans to address any City and internal
review comments from the 60% submittal.
6.3. 90% Stormwater Management Plan - Ardurra shall prepare a storm water management
plan at 90% as described in Task 5.3. Ardurra shall update the design and plans to
address any City and internal review comments from the 60% submittal.
6.4. 90% Drainage Report - Ardurra shall prepare a drainage report to accompany the 90%
grading and drainage plan as described in Task 5.4. Ardurra shall update the report to
address any City and internal review comments from the 60% submittal.
6.5. 60% Special Provisions - Ardurra will prepare and compile the 60% specifications for the
proposed project including civil improvements based on CSI format and modified as
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
7 | P a g e
needed to meet City requirements which will consist of a detailed list of applicable
standard specifications and preliminary specials provisions for specialty items.
7. FINAL PLANS, SPECIFICATIONS AND ESTIMATES
7.1. Final Grading & Drainage Plan - Ardurra shall prepare a final grading & drainage plan
as described in Task 5.1. Ardurra shall update the design and plans to address any City
and internal review comments from the 90% submittal.
7.2. Final On-site Utility Plan - Ardurra shall prepare a final on-site utility plan as described in
Task 5.2. Ardurra shall update the design and plans to address any City and internal
review comments from the 90% submittal.
7.3. Final Stormwater Management Plan - Ardurra shall prepare a final storm water
management plan as described in Task 5.3. Ardurra shall update the design and plans
to address any City and internal review comments from the 90% submittal.
7.4. Final Drainage Report - Ardurra shall prepare a final drainage report to accompany the
final grading and drainage plan as described in Task 5.4. Ardurra shall update the report
to address any City and internal review comments from the 90% submittal.
7.5. Final Special Provisions - Ardurra will prepare and compile the final sealed specifications
for the proposed project including civil improvements based on CSI format and
modified as needed to meet City requirements which will consist of a detailed list of
applicable standard specifications and preliminary specials provisions for specialty
items.
FEE BREAKDOWN:
Please see the fee estimate table below:
Task
DESCRIPTION (Ardurra Only)
COST
1
Topographic Survey & Base Mapping
$ 39,995.00
2
Data Collection & Utility Mapping
$ 13,940.00
3
Programming & Meetings
$ 34,190.00
4
Schematic Design (30% Plans, Cost Estimate)
$ 39,400.00
5
Design Development (60% Plans, Specifications
and Cost Estimate)
$ 59,180.00
6
Construction Documents (90% Plans,
Specifications and Cost Estimate)
$ 45,630.00
7
Final Plans, Specifications and Cost Estimate
$ 32,520.00
Total Design Fee
$ 264,855.00
Project is a Time & Materials (Not to Exceed) and will be invoiced on a monthly basis.
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
8 | P a g e
Exclusions:
1. ALTA surveys, boundary surveys, easement exhibits, legal descriptions, and survey
instruments. It is assumed that existing boundary information will be supplied by the City
and will be sufficient for design. No new right-of-way is anticipated for this project.
2. No City zoning issues are included for the Project, such as rezoning, use permits, special use
permits, or variances.
3. Permit fees, review fees, applications fees.
4. Private dry utility and gas design.
5. Offsite Water and sewer design and/or plans.
6. Subsurface utility investigation, potholing, permits, relocation coordination. To be provided
by JOC or CMAR.
7. Utility coordination, conflict review. To be provided by others
8. Design of offsite roadway
9. Complex Modeling and Design for Drainage, Water and Sewer.
10. Design services, modeling, or permitting associated with work within any existing floodplain,
floodway, or wetlands is not included.
11. Archaeological, biological, and environmental consulting services are not anticipated nor
included.
12. Structural, Electrical, Mechanical, or Plumbing design and engineering (except what is
provided above and in attached proposals).
13. Traffic engineering, striping, lighting, signal design.
14. Environmental, right of way, or utility clearances.
15. Geotechnical evaluation or design or pavement design (except what is provided above
and in attached proposals).
16. Landscape, hardscape, site irrigation design (except what is provided above and in
attached proposals).
17. Retaining wall, wall, fence, or structural design (except what is provided above and in
attached proposals).
18. Public meetings or council presentations.
19. Parking Study or Traffic Analysis
20. Cost Estimating. Dig and Marc Taylor will cover that scope.
CLASSIFICATION
MAN HOURS
UNIT
UNIT RATE
QUANTITY
TOTAL
1
Miles
0.670
$
-
$
Practice Director/Project Director
156
2
-
$
3
-
$
Engineering Dept. Manager
0
4
-
$
5
-
$
Project Manager - Sr.
0
Project Manager - Sr./Project Engineer - Sr.
253
Printing (8-1/2" x 11")
Each
0.10
$
-
$
Printing (11" x 17")
Each
0.15
$
-
$
Project Engineer - Sr.
0
Bond Large Format
Each
1.50
$
-
$
Mylar Large Format
Each
12.50
$
-
$
Project Engineer
410
Exhibits
Each
250.00
$
-
$
Deliveries/Postage
Each
50.00
$
-
$
EIT III
388
-
$
Survey Project Manager/Registered Land Survey
9
SUBCONSULTANT
TASK
FEE
Survey Project Manager (Non RLS)
4
1
-
$
2
-
$
Project Surveyor (LSIT)
103
3
-
$
4
-
$
2-Person Survey Crew
126
5
-
$
6
-
$
Project Coordinator
21
7
-
$
8
-
$
9
-
$
10
-
$
-
$
CONSULTANT/EXPENSES
TASK
FEE
1
-
$
2
-
$
3
-
$
4
-
$
5
-
$
-
$
LUMP SUM
TIME AND MATERIALS
(CALENDAR DAYS)
SOLICITATION / DIRECT SELECT
ON-CALL TASK ORDER
55,660.00
$
Subtotal Subconsultants
Total Contract Fee
Subtotal Allowances
264,855.00
$
-
$
Personal Vehicle Mileage
REPRODUCTIONS - AT COST (Estimates Only)
-
$
14,420.00
$
SUBTOTAL DIRECT AND OUTSIDE EXPENSES
SUBCONSULTANTS FEE
23,310.00
$
2,100.00
$
220.00
$
175.00
$
160.00
$
185.00
$
100.00
$
FEE PROPOSAL SUMMARY
PROJECT NAME:
FEDERAL PROJECT NO.:
PROJECT NO.:
BILLING RATES
LABOR FEES
CONTRACT LABOR
DIRECT AND OUTSIDE EXPENSES
TRACS NO.:
Dr. AJ Chandler Park (Final Design)
CA2402.201
no
no
DESCRIPTION
290.00
$
270.00
$
56,260.00
$
1,665.00
$
600.00
$
-
$
65,600.00
$
45,240.00
$
-
$
245.00
$
145.00
$
185.00
$
(ON-CALL CONTRACT NO.)
Total Contract Fee & Allowances
264,855.00
$
no
SUBTOTAL CONTRACT LABOR
264,855.00
$
264,855.00
$
150.00
$
Subtotal Direct and Outside Expenses
CONTRACT TERMS
ALLOWANCES
SUBTOTAL SUBCONSULTANTS FEE
SUBTOTAL ALLOWANCES
PAYMENT METHOD
CONTRACT DURATION
PROCUREMENT METHOD
2024 Standard Rates
(ARDURRA RATE TABLE NAME)
-
$
264,855.00
$
-
$
Subtotal Contract Labor
140.00
$
TOTAL DIRECT LABOR
Updated 6/24/2024 10:55 AM
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
Sheet 1 of 2
# of Sheets
Practice
Director/Project
Director
Engineering
Dept. Manager
Project
Manager - Sr.
Project
Manager -
Sr./Project
Engineer - Sr.
Project
Engineer - Sr.
Project
Engineer
EIT III
Survey Project
Manager/Regist
ered Land
Surveyor - Sr.
Survey Project
Manager (Non
RLS)
Project
Surveyor (LSIT)
2-Person
Survey Crew
Project
Coordinator
Hourly Rate
290.00
$
270.00
$
245.00
$
220.00
$
175.00
$
160.00
$
145.00
$
185.00
$
150.00
$
140.00
$
185.00
$
100.00
$
1
Survey and Base Mapping
John
Greg
Zach
Miclaine
Ray/Jesse/Troy
Damon
Scott/Jordan
Field Folks
Kristina
1.1
Prepare field packet including GDACS for Horizontal
1
2
5
8
$1,185.00
1.2
Control data colelction for GDACS and COC control
2
2
6
10
$1,780.00
1.3
Topo data colelction for yellow-outlined area. Include
1
8
120
129
$23,505.00
1.4
Process topo and produce base map
3
60
63
$8,955.00
1.5
Parcel/ROW base mapping including Block
2
30
32
$4,570.00
0
0
0
0
0
0
0
9
4
103
126
0
242
$39,995.00
2
Data Collection & Utility Mapping
2.1
Data Collection and Bluestake
4
8
8
1
21
$3,420.00
2.2
Utility Base Mapping
2
4
16
16
1
39
$6,440.00
2.3
Utility Meetings (assume 4 meetings)
8
8
16
$4,080.00
10
0
0
16
0
24
24
0
0
0
0
2
76
$13,940.00
3
Programming & Meetings
3.1
Kickoff Meeting
2
2
2
6
$1,310.00
3.2
Client Bi-Weekly Meetings (assume 10)
10
10
20
$5,100.00
3.3
Project Team Meetings (assume 24)
24
24
24
72
$16,080.00
3.4
Programming Document Preperation
6
12
24
24
66
$11,700.00
42
0
0
48
0
48
26
0
0
0
0
0
164
$34,190.00
4
Schematic Design
4.1
Preliminary 30% Civil Plans
20
40
80
80
4
224
$39,400.00
20
0
0
40
0
80
80
0
0
0
0
4
224
$39,400.00
5
Design Development
5.1
60% Grading & Drainage Plan
15
30
60
60
1
166
$29,350.00
5.2
60% On-site Utility Plan
8
16
32
32
1
89
$15,700.00
5.3
60% Stormwater Management Plan
2
4
8
8
1
23
$4,000.00
5.4
60% Drainage Report
3
6
12
12
1
34
$5,950.00
5.5
60% Special Provisions
8
8
1
17
$4,180.00
36
0
0
64
0
112
112
0
0
0
0
5
329
$59,180.00
6
Construction Documents
6.1
90% Grading & Drainage Plan
12
24
48
48
1
133
$23,500.00
6.2
90% On-site Utility Plan
6
12
24
24
1
67
$11,800.00
6.3
90% Stormwater Management Plan
2
3
6
6
1
18
$3,170.00
6.4
90% Drainage Report
2
4
8
8
1
23
$4,000.00
6.5
90% Special Provisions
6
6
1
13
$3,160.00
28
0
0
49
0
86
86
0
0
0
0
5
254
$45,630.00
7
Final Plans
7.1
Final Grading & Drainage Plan
10
20
40
40
1
111
$19,600.00
7.2
Final On-site Utility Plan
4
8
12
12
1
37
$6,680.00
7.3
Final Stormwater Management Plan
1
2
4
4
1
12
$2,050.00
7.4
Final Drainage Report
1
2
4
4
1
12
$2,050.00
7.5
Final Special Provisions
4
4
1
9
$2,140.00
20
0
0
36
0
60
60
0
0
0
0
5
181
$32,520.00
156
0
0
253
0
410
388
9
4
103
126
21
1,470
45,240.00
$
-
$
-
$
55,660.00
$
-
$
65,600.00
$
56,260.00
$
1,665.00
$
600.00
$
14,420.00
$
23,310.00
$
2,100.00
$
264,855.00
$
Total Hours
Total Dollars
Total Hours By
Task
Task
Description
SUBTOTAL Data Collection & Utility Mapping
SUBTOTAL Programming & Meetings
SUBTOTAL Schematic Design
SUBTOTAL Design Development
SUBTOTAL Construction Documents
SUBTOTAL Final Plans
DERIVATION OF FEE PROPOSAL SUMMARY
SUBTOTAL Survey and Base Mapping
Total Fee By
Task
Updated 6/24/2024 10:55 AM
PHOENIX: 1001 N. Central, Suite 900, Phoenix, AZ 85004 | P: 602-263-1177
MESA: 63 E. Main Street, Suite 502, Mesa, AZ 85201 | P: 480-539-7497
www.ardurra.com
Sheet 2 of 2
7047 East Greenway Parkway, Suite 250
Scottsdale – Arizona 85254
480-398-7729
www.bdadesign.com
May 29, 2024
Mr. Brandon Sobiech, PLA, ASLA
DigStudio
3003 North Central Avenue, Suite 800
Phoenix, AZ 85012
Re:
Fee Proposal
AJ Chandler Park – Phase One, Chandler, Arizona
Dear Brandon:
We are pleased to present to you this proposal for consulting design services covering the
structural engineering for this project. The scope of the structural work included in the
proposal is as described in your email of May 28, 2024. The scope includes:
1. The structural design associated with the new park for the City of Chandler. The scope
includes:
a. One Restroom Building with storage of 800 square feet.
b. Two Innovation Canopy structures of 12,500 square feet total.
c. Two Park Pavilions with storage rooms of 9,850 square feet.
d. Miscellaneous Park structures including site walls, fences, benches, steps
and retaining walls, as required.
As a design-based consulting firm, it is our desire to create structures that work in harmony
with the architecture. For this project, we propose to provide the following services as a portion
of the basic design contract:
1.
Assist in development of appropriate and acceptable structural system.
2.
Prepare all required structural drawings and details to be incorporated in the
final project set, including General Structural Notes, in conformance with all
relevant codes, ordinances and guidelines.
3.
Prepare all final Structural design calculations reflecting the final design.
4.
Include digital printing as required for necessary coordination. Progress and
Final drawings may be submitted via first generation pdfs as agreed upon with
Architect. Prepare first generation pdfs of calculations as required by reviewing
jurisdiction.
Mr. Brandon Sobiech
Page 2
DigStudio
May 29, 2024
Fee Proposal – AJ Chandler Park, Phase One
Chandler, Arizona
5.
Include all necessary documentation for permit submittal as required by
reviewing jurisdiction.
6.
Review and coordinate between final Architectural drawings, as necessary, for
accuracy and correctness.
7.
Review and address building department comments for building permit
issuance, coordinate revisions with Architect, revise, and digitally re-plot all
drawings and calculations affected.
For the scope as defined on page one of this proposal, we propose the following fee as broken
out by phase and scope below:
Schematic Design (30% Document Review) – Prepare roof framing and foundation
plans, along with more typical details to align with the plans. Plans to be based on first
pass framing and foundation designs and structural calculations.
A fixed fee of $12,300 (Twelve Thousand Three Hundred Dollars).
Design Development (60% Document Review) – Prepare final concept roof framing
and foundation plans. Prepare roof framing and foundation details specific to the design
development level drawings. Prepare General Structural Notes to reflect the Code and
Material requirements and specifications. Prepare lateral system and gravity system
design calculations.
A fixed fee of $12,300 (Twelve Thousand Three Hundred Dollars).
Construction Documents (90% Document Review) – Prepare complete roof framing
and foundation documents representing both the final gravity load systems and the
lateral load resisting systems. Review Architect provided specification sections. Finalize
the structural calculations and the final General Structural Notes. Coordinate detailing
with the Architectural Drawings and drawings produced by other consultants that may
have an impact on the structure.
A fixed fee of $12,300 (Twelve Thousand Three Hundred Dollars).
Bid and Award (100% Document Review) – Complete final coordination tasks with the
Architect’s and other consultant drawings/designs. Complete the structural calculations.
Submit the final drawings and calculations for permitting.
A fixed fee of $4,200 (Four Thousand Two Hundred Dollars).
The total proposed fee is $41,100 (Forty-One Thousand and One Hundred Dollars).
It is typically the policy that invoices are paid within 15 days of corresponding payment from
the owner. A fee of 1.5% per month will be applied to late payments that go uncollected for
more than 90 days, calculated from the invoice date.
Mr. Brandon Sobiech
Page 3
DigStudio
May 29, 2024
Fee Proposal – AJ Chandler Park, Phase One
Chandler, Arizona
Limitation of liability: In recognition of the relative risks and benefits of the Project to both the
Client and Consultant, the risks have been allocated such that the Client agrees, to the fullest
extent permitted by law, to limit the liability of the Consultant to the Client for any and all claims,
losses, costs, damages of any nature whatsoever or claims expenses from any cause or
causes, including attorneys’ fees and costs and expert-witness fees and costs, so that the total
aggregate liability of the Consultant to the Client shall not exceed the Consultant’s total fee for
service rendered on this Project.. It is intended that this limitation apply to any and all liability
or cause of action however alleged or arising, unless otherwise prohibited by law.
The standard of care for all professional services performed or furnished by Consultant under
this Agreement will be the skill and care used by members of Consultant’s profession
practicing under similar circumstances at the same time and in the same locality. Consultant
makes no warranties, express or implied, under this Agreement or otherwise, in connection
with Consultant’s services.
We have established our reputation for being a different kind of structural design firm - one that
is creative, design based, cost-conscious and responsive.
Yours truly,
J. Greg Brickey, SE
Principal
GB/mh
4699 Nautilus Court South, Suite 102
303-530-7229
Boulder, CO 80301
www.clantonassociates.com
July 3, 2024
Brandon Sobiech
Dig Studio
3003 North Central Ave Suite 800
Phoenix, AZ 85012
602-595-4101 | brandon@digstudio.com
Re:
AJ Chandler Park
Lighting and Electrical Design Consulting Proposal
Clanton Project #23073
Clanton and Associates proposes to undertake the lighting and electrical consulting for the AJ
Chandler Park in Chandler, AZ.
The total estimated fees will be based on the following breakdown by phase:
Schematic Design
$ 34,370
Design Development
$ 36,710
Construction Documents
$ 40,780
Project Management
$ 8,000
Total Labor
$ 119,860
Expenses
$ 2,500
Total Fee (Labor and Expenses)
$ 122,360
The scope of work includes:
1. Phase 1 (~2.3 acres)
a. Central Plazas
b. Innovation Canopies
c. Event Lawns
d. Park Pavilions
e. Central Crosswalk
f. Temporary Stage Area
g. Public Art
h. Restrooms
Fees are billed hourly not to exceed the contract amount without prior approval. Invoicing will
occur monthly based on hours worked.
Project deliverables will be issued on agreed upon dates between Clanton & Associates, Inc
and the Client. Any model or background update will be provided no fewer than five business
days prior to any indicated deliverable.
AJ Chandler Park
Dig Studio
Page | 2
4699 Nautilus Court South, Suite 102
303-530-7229
Boulder, CO 80301
www.clantonassociates.com
Design services shall include the following:
Schematic Design (30%)
•
Project kick-off meeting via teleconference
•
Site visit to observe existing conditions
•
Schematic lighting concept development
•
Schematic lighting control strategies
•
Schematic lighting narrative
•
Proposed luminaire types
•
Schematic electrical narrative
•
Schematic estimate of probable cost
•
Up to one (1) submittal (30% set)
•
Attendance at 30% Review meeting via teleconference
Design Development (60%)
•
Incorporate comments from 30% Review, up to one (1) comment response
•
Lighting design
•
Lighting layout
•
Lighting details
•
Luminaire schedule
•
Lighting calculations
•
Electrical design
•
Panel schedules
•
Lighting control centers, including feeder sizing
•
Conduit routing
•
Coordinate power source locations and capacity with electric utility
•
Specifications
•
Tabulation of Approximate Quantities
•
Opinion of Probable Cost
•
Up to one (1) submittal (60% set)
•
Quality Control
•
Submittal IDR
•
Value engineering (VE), up to one meeting and up to one round of VE alternates
•
Attendance at 60% Review meeting via teleconference
Construction Documents (90% and 100%)
•
Incorporate comments from 60% Review, up to one (1) comment response
•
Lighting design
•
Final lighting layout
•
Lighting details
•
Luminaire schedule
•
Electrical design
•
Panel schedules
•
One-line diagrams
•
Lighting Control Centers, including short circuit calculations and feeder sizing
•
Circuiting and conduit, including voltage drop calculations and conduit sizing
•
Electrical details
•
Coordinate power source locations and capacity with electric utility
AJ Chandler Park
Dig Studio
Page | 3
4699 Nautilus Court South, Suite 102
303-530-7229
Boulder, CO 80301
www.clantonassociates.com
•
Specifications
•
Tabulation of Approximate Quantities
•
Opinion of Probable Cost
•
Up to one (2) submittals (90% and 100% stamped bid set)
•
Quality Control
•
Attendance at 90% Review meeting via teleconference
•
Up to one (1) comment response
Project Management
•
Team coordination, up to thirty (30) meetings
•
Monthly invoices with progress reports
This scope of work is based upon normal project progress and within the time schedule agreed
upon, without major redesign or change order work. Additional fees will be required if project
timing is extended or project is put on hold and restarted at later date. If the project timing exceeds
one year, additional services rates may increase.
The scope is based on documents sent on 5/21/2024 and revised based on comments sent on
07/02/2024 to exclude water features.
Not included in this scope of work but is available for extra services:
•
Additional site visits or meetings
•
Construction observation and/or services during construction
•
Development or issuing of electric utility work order forms, applications, and/or meter address
applications
•
Temporary Lighting
•
Electrical engineering for non-lighting electrical infrastructure (e.g. traffic signals, ITS
equipment, security cameras, electrical vehicle (EV) infrastructure, smart city and/or small cell
infrastructure).
•
Significant lighting and/or electrical redesign three (3) weeks prior to issuing the 90% submittal
based on client changes such as: changes in streetlight ownership, addition of new electrical
service(s), or a change from resetting existing streetlights to new streetlight installation.
•
Location or load changes to electrical infrastructure after the 90% submittal. This shall include,
but is not limited to, shifting of ITS equipment, traffic cabinets, power sources, or changes to
the electrical load require recalculation of voltage drop and short circuit calculations.
•
Any development, design, or detailing of custom luminaires
•
Drafting on non-digital backgrounds such as *.pdf or *.jpg files
•
Value engineering beyond what is listed in the scope
•
Site Development Plan Submittals
•
Coordination during bid phase
•
Client presentations
•
Renderings
•
Mock-ups
•
Development of light art
•
Lighting and electrical for water features
Specific exclusions from this scope are as follows:
•
Structural engineering
•
Equipment procurement
•
Commissioning
AJ Chandler Park
Dig Studio
Page | 4
4699 Nautilus Court South, Suite 102
303-530-7229
Boulder, CO 80301
www.clantonassociates.com
•
Survey control map or Right-of-Way plans
•
Subsurface Utility Engineering
•
Communication wiring to Traffic Signals
Client will supply Clanton and Associates with review materials and backgrounds in AutoCAD or
Micro Station format. Reimbursable expenses shall include printing costs, overnight delivery and
travel expenses associated with the project and shall be charged in addition to the compensation
for professional services. Payment for services is expected within 30 days of invoice unless other
arrangements are made in writing.
Additional services shall be charged per the rates in the attached Clanton & Associates Rates
Table.
Work shall commence upon receipt of a signed copy of this agreement. This agreement is valid
for 60 days.
7/3/2024
___________________________________
__________________
CLANTON & ASSOCIATES
DATE
_____________________________________
__________________
DIG STUDIO
DATE
AGREEMENT FOR PROFESSIONAL SERVICES
Date: July 02, 2024
(Proposal is valid for 30 days)
Client
Project
Dig Studio
AJ Chandler Park - Restroom Building M+P
600 N. Fourth Street, Suite D
Chandler, Arizona
Phoenix, AZ 85004
Contact: Brandon Sobiech
Henderson Project Number: 2450002762
Project Description and Scope of Services
Henderson Engineers, Inc. (Henderson) will provide mechanical, and plumbing (“M/P”) drawings and specifications.
Henderson’s specific scope of services is set forth in the following Scope of Services. Henderson can provide third-party
commissioning and testing and balancing (TAB) reports through its affiliated, Henderson Building Solutions. This Scope of
Services and Fee is based on the scope received from DIG on 5.28.2024.
• The ‘remodel’ of AJ Chandler Park in downtown Chandler
•
removing the current restroom and providing a new restroom facility
•
Henderson will provide M+P scope for this remodel only
•
Scope: new restroom, probably about 8 stalls, community sink(s) drinking fountain with bottle
filler
Services and Fee Detail
Fee Type
Progressively Billed Fixed Fee
Construction Documents
$18,000
Construction Administration
$2,000
Total Henderson Professional Services Fee
$20,000
Estimated Reimbursable Expenses (Travel, shipping, and production costs)
$
Reimbursable Expenses Multiplier
1.05
When accepted by Client this Proposal for Engineering Services and its attachments shall become a binding
Agreement between the parties and shall make it subject to the Scope of Services and Terms and Conditions,
which are incorporated by this reference. Henderson is authorized to begin performance upon its receipt of a
copy of this Agreement signed by Client. If Henderson proceeds at the direction of Client and Agreement is not
signed, or altered within ten (10) business days, then it is agreed that terms of Agreement are accepted by Client.
Accepted for Client:
Accepted for Henderson Engineers, Inc.
By (signature):
________________________________________
By (signature):
___________________________________________
Print Name:
Print Name: Omid Mottahed
Title:
Title: Practice Director
Date:
Date: July 2, 2024
Page 2 of 13
SCOPE OF SERVICES
Only services marked with an “X” are included in the Scope of Services.
Services not marked can be provided as Additional Services if requested. Services not listed are excluded.
Disciplines included in Scope of Services (See
following sections for specific tasks):
☒ Mechanical
☐ Electrical
☒ Plumbing
☐ Fire/Life Safety
☐ Fire Code Consulting
☐ Refrigeration
☐ Architectural lighting
☐ Audio-Video
☐ Broadcast
☐ Physical Security
☐ Telecom
☐ Acoustics
Document Submittals:
☐ Schematic Design
☐ Design Development
☐ Construction Documents Review – 50%
☒ Construction Documents Review – 90%
☒ Issue for Permit
☒ Issue for Bid
☒ Issue for Construction
Specifications Format:
☒ Specifications on drawings
☐ MasterFormat book specifications
BIM:
☐ Develop BIM Execution Plan
☐ Export Clash Detection Views
☐ Perform Clash Detection
☐ Host BIM Coordination Meetings
Compliance Documentation:
Refer to Energy Modeling section for services relating
to performance path energy code compliance.
☐ ASHRAE 90.1 or IECC Energy Code compliance
form completion for MEP systems (prescriptive
path only).
☐ Permit application forms
☐ Refrigeration energy code calculations
LEED™:
Refer to Energy Modeling section for services relating
to building simulation for building certification
programs.
☐ Design to the requirements of a LEED rating is
excluded.
WELL™ Building Standard:
Refer to Acoustics section for services relating to
acoustics services relating to WELL rating system
requirements.
☒ Design to the requirements of a WELL rating
system is excluded.
Schematic Design Phase:
Refer to Meetings and Travel Time for additional
services included within this phase.
☐ Basis of design narratives
☐ Construction document sheet index
☐ Major equipment sizing and location plan
☐ Preliminary equipment room sizing
☐ Chase sizing estimates (based on rules of thumb)
☐ Plenum space allocation analysis
☐ Preliminary site plan showing utility connection
points
☐ HVAC zoning plan
☐ Building controls system integration philosophy
☐ Define lighting level criteria
☐ Establish preliminary sanitary/storm invert
elevation
☐ Create as-built drawings of existing conditions
Design Development Phase:
Refer to Meetings and Travel Time for additional
services included within this phase.
☐ Demolition drawings
☐ Electrical single-line Diagrams
☐ Mechanical single-line Diagrams
☐ Low Voltage Riser
☐ HVAC load calculations
☐ Ventilation calculations
☐ Air balance calculations
☐ Incorporate smoke evacuation concept (concept
provided by 3rd party code consultant). Excludes
rational analysis.
☐ Equipment cut sheets
☐ Equipment plans
☐ Interior lighting design services
Refer to Energy Compliance Documentation
section for associated scope.
Refer to Architectural Lighting section for
associated scope.
Items not marked will be provided by the architect,
owner or other 3rd party consultant and will not be
signed/sealed by Henderson.
☐ Normal lighting layout
Page 3 of 13
☐ Emergency lighting layout
☐ Coordinate lighting layout with a separate
specialty lighting designer
☐ Normal lighting selection/specification
☐ Emergency lighting selection/specification
☐ Coordinate lighting selection/specification with
separate specialty lighting design
☐ Lighting controls
☐ Lighting circuiting
☐ Exterior façade lighting design services
Refer to Energy Compliance Documentation
section for associated scope.
Refer to Architectural Lighting section for detailed
information on associated scope.
Items not marked will be provided by the architect,
owner or other 3rd party consultant and will not be
signed/sealed by Henderson.
☐ Normal lighting layout
☐ Emergency lighting layout
☐ Coordinate lighting layout with a separate
specialty lighting designer
☐ Normal lighting selection/specification
☐ Emergency lighting selection/specification
☐ Coordinate lighting selection/specification with
separate specialty lighting design
☐ Lighting controls
☐ Lighting circuiting
☐ Exterior site lighting design services
Refer to Energy Compliance Documentation
section for associated scope.
Refer to Architectural Lighting section for detailed
information on associated scope.
Items not marked will be provided by the architect,
owner or other 3rd party consultant and will not be
signed/sealed by Henderson.
☐ Normal lighting layout
☐ Emergency lighting layout
☐ Coordinate lighting layout with a separate
specialty lighting designer
☐ Normal lighting selection/specification
☐ Emergency lighting selection/specification
☐ Coordinate lighting selection/specification
with separate specialty lighting design
☐ Lighting controls
☐ Lighting circuiting
☐ Device layout (for a single typical room)
☐ Zone terminal unit layout
☐ Preliminary equipment and lighting schedules
☐ Two line duct/pipe mains in/out chases
☐ Typical floor section
☐ Details
☐ Specifications table of contents
☐ Initial control diagrams and sequence of
operations
☐ Control system performance specification only
☐ Integrated Automation performance requirements
☐ Roof drain riser location and slope height
requirement
☐ Dust Collection equipment plan
☐ Specialized exhaust equipment plan
☐ Telecommunications major pathway layout
Construction Document Phase:
Refer to Meetings and Travel Time for additional
services included within this phase.
☒ HVAC plans
☐ HVAC duct plans
☐ Electrical power plans
☐ Interior lighting plans
☐ Exterior facade lighting plans
☐ Exterior site lighting plans
☒ Plumbing piping plans
☐ Plumbing riser diagram
☒ Final specifications
☒ Final calculations
☒ Final schedules
☒ Final details
☐ Final control diagrams and sequence of operations
☐ Integrated Automation plans and specifications
☐ Drawings for rough-in box and conduit for
Voice/Data/POS Outlets.
☐ Layout provided to Henderson by others.
☐ Layout not provided to Henderson (see
“Telecom” for detailed services)
☐ Drawings for rough-in box and conduit for security
and/or audio-visual devices.
☐ Layout provided to Henderson by others.
☐ Layout not provided to Henderson (see
“Telecom” for detailed services)
☐ Extension of utility services to area of work
☐ Generator power design
System Purpose
☐ Healthcare EPSS (NEC Art. 517)
☐ Emergency (NEC Art. 700)
☐ Legally Required (NEC Art. 701)
☐ Standby (NEC Art. 702)
Installation Type
☐ Permanently installed
☐ Temporary/Portable installation
☐ Design for UPS / back-up power
☐ Lightning protection performance specification
☐ Dust Collection plans
☐ Specialized exhaust system plans
Coordination Services:
Consultants’ deliverables must be provided to
Page 4 of 13
Henderson at least 5 working days prior to any
Henderson deliverable issue date influenced by the
consultant content. Refer to Meetings and Travel Time
for additional services included within this phase.
☐ Coordinate lighting design provided by architect,
owner, or 3rd party lighting consultant
☐ Coordinate with 3rd party IT, security, audio-video
consultant
☐ Coordinate with food service consultant
☐ Coordinate with 3rd party commissioning agent
☐ Coordinate with 3rd party code consultant
☐ Coordinate with Door Hardware consultant
☐ Coordinate with 3rd party service/DAS provider(s)
☐ Coordinate with 3rd party medical equipment
consultant
☐ Coordinate with Master Systems Integrator
Bid/Negotiation Phase:
Refer to Meetings and Travel Time for additional
services included within this phase.
☐ Respond to Bidder Questions
☐ Bid Review and Analysis
Limited Construction Administration Services:
Refer to Meetings and Travel Time for additional
services included within this phase.
☐ Participate in weekly construction conference
calls. Presuming [#] week(s) in schedule and [#]
hour(s) per call.
☐ Participate in weekly contractor virtual design and
construction (VDC) meetings. Presuming [#]
week(s) in schedule and [#] hour(s) per call.
☒ Respond to construction RFI’s within [5] business
day(s) of receiving construction RFI at Henderson.
☒ Review submittals within [10] business day(s) of
receiving submittals at Henderson. (maximum of
[2] review(s) per submittal)
☐ Review O&M manual within [#] business day(s) of
receiving O&M manual at Henderson. (maximum
of [#] review(s)) for general inclusion of all required
items.
☐ Review Test & Balance report within [#] business
day(s) of receiving report at Henderson.
(maximum of [#] review(s))
☐ Review contractor as-built drawings (including up
to [#] review(s) of each system). Reviews limited
to adherence to owner required format and
general knowledge of the project.
☐ Prepare record drawings to include all issued
addendums, change orders requiring drawing
updates, and construction RFI’s requiring drawing
updates.
☐ Review and comments on [#] cost estimate(s).
Reviews limited to comments on quantities and
general system level costs based on past
experience. Review is contingent on adequate
back-up documentation from contractor/ estimator.
Studies:
☐ M/E/P/F/R/IA/T existing conditions analysis
☐ Opinion of probable construction cost
☐ Opinions of probable luminaire cost
☐ Lightning protection risk analysis
☐ Infection Control Analysis
Fire and Life Safety:
☐ Fire Alarm layout with performance specification
☐ Fire Alarm design drawings with wiring, voltage
drop and battery calculations
☐ Fire Sprinkler performance specification only (No
sprinkler layout)
☐ Fire Sprinkler drawings with sprinkler layout and
performance specification
☐ Fire Sprinkler design drawings with sprinkler
locations, pipes and hydraulic calculations
☐ Fire Pump design
☐ Fire tank and pump house design
☐ High piled storage plan
Fire Code Consulting:
☐ Code approach report
☐ Life Safety / Egress drawings
☐ Created by Henderson
☐ Created by Architect, reviewed by Henderson
☐ Smoke Control system design (CONTAM)
☐ Smoke Control system design (FDS)
☐ Life Safety Survey of existing building
Architectural Lighting:
☐ Interior architectural lighting design services
☐ Exterior façade architectural lighting design
services
☐ Exterior site architectural lighting design services
☐ Coordination Meetings: [#] in-town, [#] out-of-town.
☐ Design intent narrative
☐ Lighting Concept Design
☐ Lighting layout documents
☐ Light fixture cut sheets
☐ Lighting control intent diagrams
☐ Lighting Calculations
☐ Development of custom luminaires
☐ Full or partial scale lighting mockups
☐ Lighting photometric calculations
☐ Lighting detail sketches
☐ On-site aiming of lighting fixtures: [#] site visit(s)
☐ On-site programming: [#] site visit(s)
Audio-Video:
☐ Audio-Video system infrastructure design
☐ Audio-Video system network design
Page 5 of 13
☐ Telecom Converged Network
☐ Audio systems design
☐ Distributed systems
☐ Large format systems
☐ Voice evacuation systems
☐ Sound masking system design
☐ Video systems design
☐ Video-conference system design
☐ Large format digital displays design
☐ Command Center design
☐ Control systems design
☐ Environmental
☐ Television distribution design
☐ RF Provisions
☐ RF Full
☐ IPTV (internet protocol television) design
☐ Digital signage system design
☐ Audio-Video Systems Checkout
☐ Observation: [#] site visit(s)
☐ Commissioning: [#] site visit(s)
Broadcast:
☐ Venue broadcast prewire
☐ Broadcast camera location and TV compound
coordination
☐ Venue broadcast control rooms design
☐ In-House Video Production/Replay system
☐ Television studio design
☐ Post-production (edit suite) design
☐ Broadcast System Commissioning: [#] site visit(s)
Physical Security:
☐ Access control system design
☐ Door intercom system design
☐ Programmable Logic Controller (PLC) detention
control system design
☐ Emergency/blue light telephone system design
☐ Intrusion detection and duress alarm system
design
☐ Video surveillance system design
☐ Physical Security Risk Assessment
☐ Command Center Design
Telecom:
☐ Interior structured cabling system design
☐ Outside plant structured cabling system design
☐ Wi-Fi system design
☐ “HEAT” mapping
☐ Grid Layout
☐ WiFi designed by others
☐ Network electronics system specification
☐ Telephone system specification
☐ Distributed Antenna Systems (DAS) design
☐ Cellular - Wireless
☐ Public Safety Radio (First Responders)
☐ DAS designed by others
☐ Intercom system design
☐ Area-of-Refuge system design or Two-Way
Elevator landing communication system
☐ Cabling for Audio Video and Security designed by
others
☐ Pathways for systems designed by others for the
following:
☐ Audio-Video
☐ Broadcast
☐ DAS
☐ Security
☐ Wi-Fi
Acoustics:
☐ On-site acoustical assessment of existing spaces:
[#] site visit(s)
☐ Environmental noise assessment: [#] site visit(s)
☐ Recommendations for room acoustics and/or
reverberation control
☐ Recommendations for sound isolation
☐ Acoustic modeling and auralization
☐ Review architectural documents relating to
acoustics
☐ Recommendations for sound retarding doors
and/or operable partitions
☐ MEP systems noise control guidelines
☐ Review MEP systems documents relating to noise
☐ Building vibration assessment
☐ Acoustic commissioning
Page 6 of 13
Meetings and Travel Time
These numbers include the numbers for meetings and observations referenced elsewhere in the document.
☐ Perform [#] initial site observation visit(s) with report.
☐ Attend [#] design coordination meeting(s).
☐ Attend [#] pre-bid meeting(s).
☐ Attend [#] bid opening meeting(s).
☐ Attend [#] on-site construction meeting(s).
☒ Perform [2] construction site observation visits with report.
Additional Services
The services listed under Scope of Services which are not checked may be considered additional services.
Additional services shall be provided only upon authorization by the Client and shall be paid for by the Client as
hereinafter provided. Fees will be invoiced on a time and expense basis for any Additional Services authorized in
writing by the Client and will be invoiced separately at the following standard hourly rates. Other additional
services may include, but are not limited to:
Modifications to base building utilities or utility
improvements to space
Evaluation of substitutions
Value engineering
Responses to construction RFIs where such
information is available to the contractor
Services made necessary due to default or
insufficient work of a contractor
Envelope compliance documentation based on
architect’s proposed design
BIM Renderings
Design of theatrical/stage lighting
Photorealistic renderings of lighting designs
Under-slab or underground package for submittals
or permit
Equipment procurement packages.
Siphonic Storm Systems design
Foundation Drainage design - based on
information provided by third party geotechnical
engineer
Preparation for, and attendance at, a dispute
resolution proceeding or legal proceeding,
except where the Consultant is party thereto
Provent/Sovent Single Stack Sanitary Venting
System
Design of broadcast lighting
Storm water design
Documentation of, or modification to, base building
utilities within tenant space which services other
spaces
Street lighting
Solar hot water system design
Photovoltaic power system design
Lightning protection design
Wind power system design
Mock-ups
• Computational fluid dynamics (CFD) modeling
applications not explicitly listed elsewhere
Preparation or modification of BIM model for the
purpose of integration into computer
maintenance management system (CMMS)
Involvement in Water Management Program
• Fault Current Studies and Reports
• Coordination Studies and Reports
• Arc Flash Studies and Reports
Changes resulting from sponsorships post design
• Selective demolition of construction assemblies
for assessment scopes of work.
Page 7 of 13
Assumptions
Basis of Proposal
The Scope of Services above is based on the information provided to Henderson as of the date of this
proposal. Changes to the scope, changes in conditions, additional information, or redesigns may necessitate
additional services.
Plan documents
Plans are generally coordinated with other disciplines but minor clashes may still exist. It is the expectation of
Henderson that an installation contractor will be retained to cross check final equipment and component
dimensions once they have completed the submittal process. Specifications and/or details will include some
accessories that are not shown on plans due to scale limitations. Plumbing plans cover components within 5’-
0” outside of the building and do not include foundation drainage.
BIM Assumptions
Definition of BIM Model
Building Information Model (Model) is a digital representation of physical and functional characteristics of a
facility. A Model is a shared knowledge resource for information about a facility forming a reliable basis for
decisions during its life-cycle; defined as existing from earliest conception to demolition.
Level of Development (LOD):
In general terms, systems covered by this scope of work are graphically represented within the Model as a
specific system, object, or assembly with approximate quantities, size, shape, location, and orientation. Model
content is limited to show the routing and installation intent of building systems and is generally coordinated
with the architectural design and design of other consultants. Final coordination is the responsibility of the
installation contractor.
Authorized Uses are Limited to the Following:
The Model is suitable for general clash detection with other consultants’ elements and systems. If the Model
is used to generate quantity take offs for cost estimating purposes, there is no guarantee of completeness or
accuracy. When conflicts arise, the contract documents take precedence over the Model. The Model may be
used to show ordered, time-scaled appearance of majority of detailed architectural and other consultants’
elements and systems. The Model and its content may only be used as stated above and only for this Project.
It may not be used for any other purpose without first obtaining Henderson’s written permission.
Copyright and Distribution:
Henderson is not transferring its copyrights or other rights in the Model or the Model content. The Client will
be given a license to use the Model for the Authorized Uses listed above. The recipient may not distribute the
Model or the content of the Model, to any other person or entity, including contractors or other consultants on
the Project, nor may it be shared with anyone within the Client’s organization who does not have a need to
access it for the listed uses on this project without the written consent of Henderson.
BIM Execution Plan (BEP)
As soon as is practicable, but in no event later than thirty (30) days after the execution of the Contract
between the Owner and the Construction Manager, all Project Participants shall meet, confer and use their
best efforts to agree upon the terms of or modifications to a BIM Execution Plan. In the event of a conflict
between this contract and the BEP, this contract shall control unless all parties agree in writing to adopt the
BEP.
Facility Management Integration Excluded
The Model will be used to represent the design intent for reference on this Project only. The Model is not
intended to be used for data integrated into a Computerized Maintenance Management System (CMMS). It is
not intended to be used for ongoing operations. This service use can be provided as an additional service.
Level of Assumed Reliability
Unless otherwise stated in the agreed BEP, the reliability of existing objects is assumed to be Level 0 as
defined below.
•
Level 0 – Object location is based on as-built information. Henderson is not responsible for accuracy
of assumed object locations.
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•
Level 1 – Object location is based on Radar scanning, Lidar scanning, or Photogrammetry identified
information. Henderson is entitled to rely on provided information with the assumption that scanned
objects are within 6 inches of their indicated location. Properties of and data associated with scanned
objects are not verified.
•
Level 2 – Object location is based on Level 1 plus physical verification of object properties.
Expert Witness
Expert witness services and other services related to legal proceedings are explicitly excluded from this
Agreement.
Hygrothermal Analysis
Hygrothermal Analysis services and other services related to vapor barriers are explicitly excluded from this
Agreement.
Fee Details
All Compensation to be in US Dollars net of tax
Reimbursable Expenses
Client shall reimburse Henderson, at the multiplier listed in the Fee Detail, for reimbursable expenses
necessarily incurred by Henderson in relation to the Project. Reimbursable expenses include, but are not
limited to:
a. Reproductions, plots, postage, handling, and delivery of Project related documents and
electronic media requested by the Client or Owner
b. Travel expenses including, but not limited to, airfare, lodging, meals, airport parking, and car
rental
c. Overnight delivery, handling, and postage charges
d. Local delivery, handling, and postage charges
e. Automobile mileage, required to meet Project meeting requirements and site visit requirements,
calculated at the current published IRS standard mileage rate.
Local Tax
Sales, excise, and/or other local tax (“Local Taxes”) will be applied when required by law. Any Local Taxes
are in addition to, and are not included in, the stated fee. Any necessary Local Taxes will be billed to Client
and are payable within thirty days of the invoice.
HOURLY RATE SCHEDULE - $ per hour
Engineering Rates
Construction Management +
Commissioning
Director and Executive
225-240
Director and Executive
225-240
Practice / Technical Manager
200
Construction Management
220
Project Manager
185-195
Pre-Construction Management
170
Senior Engineer/Designer
195
Project Development
165
Lead Engineer/Designer
170
Commissioning Manager / Agent
175
Engineer / Designer III
155
Technician
140
Engineer / Designer II
140
Estimator
165
Engineer / Designer I
125
Project Administration
95-100
Site Observation Specialist
125
BIM Technician
100
Project Administration
95-100
Terms & Conditions
This Agreement is entered into by the Client and
Henderson Engineers, Inc. (Henderson). For purposes
of this document the term Henderson pertains to all
employees, officers, directors, and all divisions of
Henderson Engineers, Inc.
Performance of Services: Henderson shall perform
the basic services as outlined above, and additional
services as required or directed by the Client in
consideration of the fee arrangements and payment
terms described in this Agreement. Henderson shall
perform its services consistent with the professional skill
and care ordinarily provided by professionals practicing
in the same or similar locality under the same or similar
circumstances. Henderson shall perform its services as
expeditiously as is consistent with the standard of care.
Verification of Existing Conditions: Because
evaluation of the existing structure or site requires that
certain assumptions be made regarding existing
conditions the Client agrees to indemnify and hold
Henderson harmless from and against any and all
damage, liability and cost arising or allegedly arising out
of any existing conditions which Henderson is unable to
verify. Henderson shall not be required to sign any
documents that would result in Henderson having to
certify, guarantee or warrant the existence of conditions
that Henderson cannot ascertain.
Changed Conditions: In light of occurrences or
discoveries that were not originally contemplated by or
known to Henderson, Henderson may at such time call
for Agreement renegotiation. If terms cannot be agreed
to through good faith negotiations, the parties agree that
either party has the absolute right to terminate this
Agreement.
Hazardous Materials: In the event Henderson or any
other party learns of asbestos, toxic materials, or other
hazardous materials (“Hazardous Materials”) at the
jobsite, Henderson may, at its option and without liability
for any damages, suspend performance of services until
the Client identifies, abates and/or removes the
Hazardous Materials and warrants that the jobsite is in
full compliance with applicable laws and regulations.
Henderson is not responsible for any services related to
Hazardous Materials or any claims resulting from the
existence, discovery, or removal of Hazardous Materials
or costs associated therewith.
Client Responsibilities: Client shall provide
information in a timely manner regarding requirements
for and limitations on the Project, detailed layouts
showing the location of connections, tabulations and
information on equipment designed, specified, or
furnished by others, a copy of the preliminary estimate or
updated estimates of the cost of the work, bidding
documents, bid tabulations, negotiated proposals and
Agreement documents, including change orders and
construction change directives, as well as any
information requested by Henderson. Henderson shall
be entitled to rely upon the accuracy and completeness
of information provided by Client. Client represents that
it has obtained all necessary rights, approvals, and
consents necessary for Henderson to use, in the course
of performing Services hereunder, any information
provided by Client. Client shall provide safe access to all
areas requiring observations at no cost to Henderson
and without further consideration.
Notification of Defects: Client shall promptly report to
Henderson any defects or suspected defects in
Henderson’s services of which Client becomes aware.
Failure by Client, or its contractors or subcontractors, to
promptly notify Henderson shall relieve Henderson of the
costs of remedying the defects above the sum such
remedy would have cost had prompt notification been
given.
Opinions of Probable Costs: In providing opinions of
probable cost, the Client understands that Henderson
has no control over costs or the price of labor,
equipment or materials, or over the Contractor's method
of pricing, and that the opinions of probable construction
costs provided herein are to be made on the basis of
Henderson's qualifications and experience. Henderson
makes no warranty, expressed or implied, as to the
accuracy of such opinions as compared to bid or actual
costs. Henderson shall be compensated as Additional
Service, as provided for herein, for all time spent to
review, redesign and to incorporate revisions due to
probable costs.
Substitutions and Value Engineering: Substitutions
and value engineering reviews shall be submitted in a
timely manner so as to cause no delay. Henderson shall
be compensated as an Additional Service for any
modification to the Construction Documents required
due to Owner approved substitutions or value
engineering. If the Client accepts a change that is not
recommended in writing by Henderson, the Client
agrees to indemnify, defend, and hold Henderson
harmless from any claim, damage, liability, or cost which
arise in connection with, or as a result of, the
incorporation of such changes accepted by the Client.
Ownership of Documents: All documents, including all
documents on electronic media, prepared by Henderson
under this Agreement are instruments of Henderson’s
professional service and shall remain the property of
Henderson and may be used by Client for purposes of
constructing and maintaining this Project, but may not be
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modified or used by the Client for any other purpose
without the written prior consent of Henderson. Any
unauthorized use or modification of Henderson’s
instruments of services shall be at Client’s sole risk and
with no exposure to Henderson. Further, to the extent
permitted by law, Client agrees to release, indemnify,
and hold harmless Henderson and its subconsultants
from all costs and expenses, including the cost of
defense, related to damages, liabilities, claims and
causes of action arising from the Client’s reuse or
modification of the Instruments of Service.
Interpretation of Documents and Reports: The Client
shall confer with Henderson before issuing
interpretations or clarifications, or allowing others to
issue interpretations or clarifications, of reports or
documents prepared by Henderson. Henderson is not
responsible for interpretations of its documents by
others.
Construction Phase Services: Henderson shall be
responsible only for those Construction Phase services
expressly required of Henderson in the Scope of
Services section of this Agreement. With the exception
of such expressly required services, Henderson shall
have no other obligations during construction and Client
assumes all responsibility for all other necessary
Construction Phase professional services. Client waives
all claims against Henderson that may be connected in
any way to Construction Phase professional services
except for those services that are expressly required of
Henderson in the Scope of Services. If Henderson’s
scope of services includes site observation, Henderson
shall visit the Project at appropriate intervals during
construction to become generally familiar with the
progress and quality of the work and to determine if the
work is proceeding in general accordance with the
Agreement Documents. Henderson is not required to
make detailed inspections or to provide exhaustive or
continuous project review and observation services.
Henderson does not guarantee the performance of, and
shall have no responsibility for, the acts or omissions of
any contractor, subcontractor, supplier or other entity
furnishing materials or performing any work on the
Project.
Jobsite Safety: The Client agrees that the contractor is
solely responsible for jobsite safety and construction
means and methods. Neither Henderson’s services nor
presence at the site shall relieve the contractor or any
other entity of its obligations, duties and responsibilities
necessary for performing or coordinating all portions of
the work and any health/safety precautions required by
regulatory agencies. Henderson and its personnel have
no authority to exercise any control over any contractor
or other entity or its employees in connection with its
work or any health/safety precautions.
Payment: Henderson shall submit invoices for services
and reimbursable expenses in accordance with its
standard practices, unless otherwise agreed. Client shall
review such invoices and, if they are considered
incorrect or untimely, Client shall so notify Henderson of
its dispute within ten days of its receipt of the invoice.
Client must pay all undisputed amounts to Henderson
within 30 calendar days of the invoice date. No
deductions may be made from Henderson’s
compensation without the consent of Henderson.
Interest & Collection Costs: If payment is not received
by Henderson when due, the Client shall pay as interest
an additional charge of one (1.0) percent (or the
maximum allowable by law, whichever is lower) of the
PAST DUE amount per month. Payment thereafter shall
first be applied to accrued interest and then to the
unpaid principal. In the event legal action is necessary
to enforce the payment provisions of this Agreement,
Henderson shall be entitled to collect from the Client, to
the fullest extent permitted by law, any judgment or
settlement sums due, reasonable attorneys' fees, court
costs and expenses incurred by Henderson in
connection therewith and the reasonable value of
Henderson’s time and expenses spent in connection
with such collection action, computed at Henderson's
prevailing fee schedule and expense policies.
Betterment: If, due to Henderson’s error, any required
item or component of the Project is omitted from the
Construction Documents produced by Henderson,
Henderson’s liability shall be limited to the difference
between the cost of adding the item at the time of
discovery of the omission and the cost had the item or
component been included in the Construction
Documents. In no event will Henderson be responsible
for any cost or expense that provides betterment,
upgrade or enhancement of the Project.
Mutual Waiver: Notwithstanding any other provision of
this Agreement, and to the fullest extent permitted by
law, neither Client nor Henderson, their respective
officers, directors, partners, employees, contractors or
subconsultants shall be liable to the other or shall make
any claim for any incidental, indirect or consequential
damages arising out of or connected in any way to the
Project or to this Agreement. This mutual waiver of
consequential damages shall include, but is not limited
to, loss of use, loss of profit, loss of business, loss of
income, loss of reputation and any other consequential
damages protecting all the entities or persons named
herein in all contracts and subcontracts with others
involved in this Project.
Dispute Resolution: Any claims or disputes between
the Client and Henderson arising out of this Agreement
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or the services to be provided hereunder, except for
claims related to Client’s non-payment of compensation
due, shall, as a condition precedent to litigation, be
submitted to non-binding mediation in the Kansas City
area. The costs of the mediator shall be shared equally
between the parties. If a dispute is not resolved after
mediation either party may submit such dispute to
litigation. Venue for litigation shall be Johnson County,
Kansas. If Client is in default of the payment terms of
this Agreement. Henderson may begin collections
actions, including litigation, at its discretion without
attempting mediation. Client and Henderson shall
commence all claims and causes of action, whether in
Agreement, tort, or otherwise, against the other arising
out of or related to this Agreement within the period
specified by applicable law, but in any case not more
than 10 years after the date of substantial completion of
the work. Client and Henderson waive all claims and
causes of action not commenced in accordance with this
Section.
Limitation of Liability: In recognition of the relative
risks and benefits of the Project to both the Client
and Henderson, the risks have been allocated such
that the Client agrees, to the fullest extent permitted
by law, to limit the liability of Henderson and its
subconsultants to the Client for any and all injuries,
claims, losses, expenses, damages of any nature
whatsoever or claims expenses arising out of this
Agreement, or the services to be provided
hereunder, from any cause or causes, so that the
total aggregate liability of Henderson and its
subconsultants to the Client shall not exceed
Henderson's total fee for services rendered on this
Project or $10,000, whichever is greater. Such claims
and causes include, but are not limited to
Henderson’s, errors, omissions, strict liability,
indemnity, breach of Agreement or breach of
warranty.
Waiver of Subrogation: Client and Henderson waive
against each other and Owner (if different than Client),
Henderson’s subconsultants, Client’s separate
contractors and consultants, agents, and employees of
each and all of them, all damages covered by insurance
provided herein, except such rights as they may have to
the proceeds of such insurance. Client and Henderson
shall, where appropriate, require similar waivers of
subrogation from subconsultants and subcontractors and
shall require each of them to include similar waivers in
their contracts.
Suspension: If Client fails to make payments when due
under this Agreement, Henderson may elect to suspend
performance of services upon five (5) calendar days'
notice to Client. Henderson shall have no liability
whatsoever to Client for any costs or damages as a
result of such suspension caused by any breach of this
Agreement by Client. If the Project is suspended,
delayed, or abandoned for more than 90 days,
Henderson may renegotiate or terminate this
Agreement.
Termination: This Agreement may be terminated at any
time by either party upon seven (7) days’ written notice
should the other party fail to perform its obligations
hereunder. In the event of termination for any reason
whatsoever, Client shall pay Henderson for all services
rendered to the date of the termination, and all
reimbursable expenses incurred prior to termination.
Construction Before Design Completion: If
construction work begins before Henderson’s design is
complete, the Client agrees to waive all claims against
Henderson for design changes and modifications of
portions of the work already constructed due to the
Client's decision to employ this process. The Client
further agrees to compensate Henderson as an
additional service where Henderson is required to
modify, correct or adjust the Construction Documents
and coordinate them because of the Client's decision to
construct the Project this manner. If Client elects to
solicit bids based on incomplete or schematic drawings
Henderson is not responsible for change orders or
increased costs that arise from the addition of details in
the design process or other changes to the design prior
to completion.
Delays: Henderson shall not be responsible for delays
which are due to causes beyond its reasonable control,
including, but not limited to: (a) acts of God; (b)
epidemics, pandemics, and quarantines, (c) flood, fire,
earthquake or explosion; (d) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts,
riot, or other civil unrest; (e) law; (f) action by any
governmental authority; (g) national or regional
emergency; (h) strikes, labor stoppages, or slowdowns
or other industrial disturbances; and (i) delays caused by
Client or its contractors, consultants, or other parties not
under the control of Henderson. In the case of any such
delay, the time of completion shall be extended
accordingly. If Henderson's services are delayed or
extended more than three (3) months beyond the date
listed in this Agreement for reasons other than the
negligence of Henderson, Henderson reserves the right
to modify the fee.
Residential Units: If Henderson’s services include
design of residential units, such services and
construction documents are intended solely for the
design and construction of residential rental units under
the ownership and control of a single, integrated owner.
In the event the Project is changed to any other purpose
or use, including, but not limited to, subdivision into
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individual units for sale, Henderson shall have no
responsibility, and shall be released from all obligations
and liabilities for the project, and each and every right,
license and/or ownership interest of the Client in the
construction documents shall be void. The Client shall
be expressly prohibited from making any further use of
the construction documents for any purpose, including,
but not limited to, the conversion of the project to
another purpose. If the Project is converted to
condominiums at any time, the Client agrees, to the
fullest extent permitted by law, to waive any claims
against Henderson, defend Henderson against any claim
from a future owner, and indemnify Henderson for any
cost, loss, or damage to Henderson resulting from any
claim brought by any party against Henderson related to
any change in use of the project. Client agrees that this
provision and obligations hereunder shall survive the
termination of this Agreement.
LEED: If one of the goals of the Project is to achieve
certification under the U.S. Green Building Council’s
(USGBC) Leadership in Energy and Environmental
Design (LEED®) or other green building-rating system,
Client understands that the Project cannot achieve
LEED certification until after substantial completion of
construction and will be subject to the LEED-certification
process and procedures as determined by the USGBC,
which are outside of the control of Henderson. Further,
LEED certification will require input and effort from the
Client and other parties associated with the Project that
are not parties to this Agreement. Henderson will make
reasonable efforts to pursue LEED certification for the
Project, subject to scope of services, terms and
provisions of this Agreement. Henderson cannot,
however, guarantee LEED certification or the actual
performance of the building based on Henderson’s
design drawings, specifications, or resource use or
consumption modeling for This Portion of the Project,
nor can it guarantee certain performance levels
anticipated through the LEED-certification process.
Energy Modeling: If Henderson is to provide energy
modeling under this Agreement, the Client understands
that any estimate of cost or energy savings represents
Henderson’s professional opinion. Energy savings and
costs may be affected by factors outside of Henderson’s
control and Henderson does not guarantee or represent
that the actual cost or energy consumption will not vary
from any such estimates.
Peer Review: If Henderson’s scope of services includes
review of designs completed by others, Client agrees
that Henderson is not responsible for designs completed
by others, nor is Henderson responsible for reviewing
any design or other component outside of its specific
scope of services. Henderson’s peer review scope of
services does not include reviewing or evaluating
existing conditions or signing and sealing any
documents. Henderson’s peer review of the design of
others does not relieve the original designer of liability
for its design. The original designer remains responsible
for all documents and for the final design and
construction documents. Client agrees to indemnify and
hold Henderson harmless from and against any and all
claim, damages, liability and cost arising or allegedly
arising out the design or any services which are not
included in Henderson’s scope of services.
Prototype Designs: If prototype design is selected in
the Scope of Services and the Client intends to reuse
the construction documents produced by Henderson
under this Agreement on other sites and on other
projects, then the Client acknowledges that the design
may need to be modified or adapted for each project
site. If Henderson is not retained to provide services in
connection with any of these reuses, the Client agrees to
waive all claims against Henderson that might be
contributed to or caused by Henderson's exclusion from
the reuses, and any claims which may, with reasonable
certainty, have been avoided or lessened by
Henderson’s participation in any future project involving
the reuse of the construction documents. In addition, the
Client agrees, to the fullest extent permitted by law, to
indemnify and hold Henderson harmless from all
damage, liability, or cost (including reasonable attorneys’
fees and cost of defense) arising from any reuse of the
construction documents on any other project or site
without the involvement of Henderson in the construction
phase services normally associated with such a project
Governing Law: This Agreement shall be governed by
the laws of the State of Kansas.
Waiver: A party’s non-enforcement of any provision
shall not constitute a waiver of that provision, nor shall it
affect the enforceability of that provision or of the
remainder of this Agreement.
Third Party Beneficiaries: Nothing in this Agreement
shall create a contractual relationship with, or a cause of
action in favor of, a third party against either the Client or
Henderson.
Assignment: Henderson and Client bind themselves,
their agents, successors, assigns, and legal
representatives to this Agreement. Neither party may
assign this Agreement without the written consent of the
other.
Survival: Any provision or part of the Agreement held to
be void or unenforceable under any laws or regulations
shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon Client and
Henderson, which agree that this Agreement shall be
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reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention
of the stricken provision. Any dispute resolution
provisions, limitations of liability, and indemnities shall
survive termination of this Agreement.
Infection Control: If infection control services are
included in this Agreement, Client understands that
infection control services are recommendations to
mechanical systems to improve infection control based
on current knowledge and strategies. Henderson does
not guarantee or represent that the services will prevent
infection.
3202 East Harbour Drive | Phoenix, Arizona 85034 | p. 602.243.1600 | www.ninyoandmoore.com
May 30, 2024
Proposal No. 12PHX02-05466
Brandon Sobiech, PLA, ASLA
DIG Studio
3003 North Central Avenue, Suite 800
Phoenix, Arizona 85004
Subject:
Proposal to Provide Geotechnical Engineering Services
AJ Chandler Park
3 South Arizona Avenue
Chandler, Arizona
Dear Mr. Sobiech:
Ninyo & Moore is pleased to submit this proposal to provide geotechnical engineering services for
the above-mentioned project. This proposal is based on the information that we received from your
office and it outlines our scope of services, project assumptions, anticipated schedule, and fee for
this phase of work.
SITE/PROJECT DESCRIPTION
We understand the City of Chandler has selected your firm to design improvements to the existing
AJ Chandler Park located at 3 South Arizona Avenue in Chandler, Arizona. The park
improvements may include decorative hardscape plazas; relocated and new public art; extensive
shade tree infrastructure including below ground soil improvements; event lawns; seasonal plazas
with social activities; seating and site furniture; park lighting; park power and miscellaneous asphalt
and concrete pavement. The architectural improvements may also include two innovation canopies
flanking the Arizona Avenue crosswalk, storage rooms, new restrooms, two park pavilions.
SCOPE OF SERVICES
We will conduct the follow scope of services for this project:
•
Review pertinent background data including in-house geotechnical and soils data, available
geotechnical and as-built data from adjacent projects, available aerial photographs, and
published geologic data.
•
Prepare an exploration plan for the explorations for review and approval.
•
Conduct a field trip to the site for geologic reconnaissance.
Ninyo & Moore | AJ Chandler Park, 3 South Arizona Avenue, Chandler, Arizona | 12PHX02-05466 | May 30, 2024
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•
Coordinate with City of Chandler personnel to gain access to the site. While on site, we will
avoid / reduce our exposure to pedestrian and park traffic.
•
Mark-out the boring locations in the field and arrange for the locating of underground utilities
through Arizona 811.
•
Drill up to six exploratory test borings within the project footprint. These borings will extend
10 to 20 feet deep and will be advanced with truck-mounted drill rig equipped with hollow-stem
auger (HSA) drilling methods. A Ninyo & Moore employee will collect relatively undisturbed
samples and bulk samples within these borings for laboratory testing, and will be responsible
for preparation of field boring logs.
•
Collect soil samples in the borings at 2.5-foot intervals for this first 10 feet and 5.0-foot intervals
thereafter using the ASTM International (ASTM) Test Methods D1586 (standard penetration
test with split-barrel sampling of soils) and D3550 (ring-lined barrel sampling of soils) for
laboratory testing and analysis.
•
Perform laboratory tests to evaluate index, strength and chemical properties of the subsurface
soils.
•
Compile and analyze the accumulated data.
•
Prepare a draft geotechnical report to include logs of the exploratory borings and results of the
laboratory testing. The report will be reviewed and sealed by a Professional Engineer,
registered in the State of Arizona. The report will include the following:
o Description of work scope, laboratory, and field procedures;
o Subsurface soil, rock (if encountered) and groundwater conditions;
o General seismic characteristics;
o Maps and boring plans; and
o Boring logs including laboratory test results.
The report will also contain engineering analyses, conclusions, and geotechnical engineering
recommendations, including:
o Excavation characteristics of on-site soils;
o Earthwork factors, including rippability;
o Potential for re-use of on-site soils;
o Subgrade preparation measures;
o Side slope stability;
o Vertical shoring guidelines;
o Recommendations for special soil conditions such as expansive, collapsible, or highly
compressible soils;
Ninyo & Moore | AJ Chandler Park, 3 South Arizona Avenue, Chandler, Arizona | 12PHX02-05466 | May 30, 2024
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o Recommendations for suitable foundation spread footing;
o Allowable net bearing pressures for shallow spread foundations and recommended
dimensions and depths;
o Estimated settlements (total and differential settlements) for the recommended foundations;
o Recommendations relative to site drainage;
o Light and heavy-duty on-site pavement sections;
o Off-site pavement section per the City of Chandler standards;
o Agronomic results; and
o Potential corrosive attack to steel and concrete.
•
Collect one round of review comments associated with the above-mentioned draft report and
prepare a final geotechnical report that will be sealed by a Professional Engineer, registered in
the State of Arizona.
ASSUMPTIONS
We have made the following assumptions in the preparation of this proposal:
•
The field work will be performed during daytime hours.
•
The site is accessible to normal, two-wheel drive, truck-mounted drilling equipment, and site
access will be granted.
•
The work can be accomplished using HSA drilling methods operating at a normal rate of
penetration.
•
The excavations will be backfilled with the drilling spoils.
•
Some ground disturbance should be expected as a result of our field work.
•
No traffic control measures will be needed for this project.
•
Ninyo & Moore will not need to obtain any environmental clearance as a part of this project.
SCHEDULE
We are prepared to commence this work immediately. The field work could be scheduled within
six weeks of receiving right-of-entry and should take about five days to finish. After the field work is
done, the laboratory testing should be finished in about four weeks, with the report submitted about
three weeks after finishing the laboratory testing. Preliminary recommendations can be provided
about one week after the field work is done.
Ninyo & Moore | AJ Chandler Park, 3 South Arizona Avenue, Chandler, Arizona | 12PHX02-05466 | May 30, 2024
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FEE
We propose to perform the work scope described above for a fee of $12,000
(Twelve Thousand Dollars). Any additional services, not included in the aforementioned scope, will
be charged on a time-and-materials basis in accordance with our current Schedule of Fees. If this
proposal meets your expectations, please provide formal authorization.
Ninyo & Moore appreciates the opportunity to provide services on this project and we look forward
to working with you.
Respectfully submitted,
NINYO & MOORE
Steven D. Nowaczyk, PE
Managing Principal Engineer
SDN/tlp
Brandon Sobiech, PLA, ASLA
Dig Studio
3003 North Central Ave., Suite 800
Phoenix, AZ 85012
May 30, 2024
Re: AJ Chandler Park
Traffic Engineering and Landscape Architecture Services
Scope and Fee
Lōkahi, LLC (Lōkahi) is very excited to submit this scope and fees for work with Dig Studio on the AJ Chandler
Park project for the City of Chandler (COC), located on both sides of Arizona Avenue between Boston Street
and Buffalo Street, in the City of Chandler, Arizona. The scope of service and fees is based upon our
understanding of the project from our conversations with you. Lōkahi will serve as a sub-consultant for the
project to Dig Studio providing traffic engineering and landscape architecture services, including a mid-block
pedestrian signal design.
Project Understanding
Lōkahi will provide professional traffic engineering services to Dig Studio to complete a traffic signal analysis
and design in this scope to analyze the existing mid-block pedestrian signal. Lōkahi will also provide landscape
architecture services to support Dig Studio.
for the AJ Chandler Park.
Summary of Fees for AJ Chandler Park:
Mid-block crossing analysis & plans for signal and Landscape Architecture Services
$26,870.00
Bicycle and Pedestrian Counts (All Traffic Data)
$ 550.00
Total Lōkahi Fee
$27,420.00
Please feel free to contact me with any questions that you may have regarding this proposal. We look forward
to working with you.
Sincerely,
Jamie Ann K. Blakeman, PE, PTOE
Principal
Lōkahi, LLC
Accepted Dig Studio:
____________________________ ______________
Brandon Sobiech, PLA, ASLA
Date
24.07.03 REV2
2
Dig Studio
AJ Chandler Park
Scope of Services
AJ Chandler Park
May 30, 2024
Project Understanding
Lōkahi will provide professional Traffic Engineering and Landscape Architecture Services to Dig Studio
complete a mid-block crossing analysis and construction documents per alternative #1.
Scope of Services
Lōkahi understands tasks include:
Traffic Engineering and Landscape Architecture Services
Task 1 - Mid-block Crossing Warrant Study and Design Plans (Optional Item)
Task 1.1 – Background Information and Data Collection
•
Obtain Saturday (11:00 AM to 5:00 PM, or as determined by COC) and weekday PM (2:00 to 8:00 PM,
or as determined by COC) peak hour bicycle and pedestrian counts for the mid-block location along
Arizona Avenue between Boston Street and Buffalo Street.
•
Coordinate design with Ardurra (project civil engineer).
o Obtain survey and base files from Dig Studio.
Task 1.2 – Pedestrian Signal Warrant Evaluation
•
Perform pedestrian signal warrant analysis following the methodology and warrants outlined in the
Manual on Uniform Traffic Control Devices (MUTCD)
Task 1.3 – Pedestrian Traffic Signal Design Plan Sheets
Task 1.2.1 60% Design Development - Traffic Signal Design
•
Provide traffic signal plans for one (1) mid-block traffic signal, located on Arizona Avenue between
Buffalo Street and Boston Street. Signal design will be completed utilizing the City of Chandler
approved equipment.
•
Schematic design traffic signal plans will include the following sheets:
o General traffic signal notes, one (1) sheet
o Traffic signal construction plan sheet (1” = 20’ scale), one (1) sheet
o Traffic signal equipment/conductor schedules sheet, one (1) sheet
•
All designs will comply with ADA, MUTCD, AASHTO, City of Chandler, and MAG standards, details, and
specifications.
Task 1.2.2 – 90% Pre-Final Construction Documents - Traffic Signal Design
•
After city review, Lōkahi will modify and provide plans to a 90% plan level of completion.
•
Pre-final construction document traffic signal plans will include the following sheets:
Task 1.2.3 – 100% Final Construction Documents - Traffic Signal Design
3
Dig Studio
AJ Chandler Park
•
Lōkahi will address final comments and provide final plans.
•
Final construction document traffic signal plans will include the following sheets:
Task 1.4 – Mid-block Crossing Meetings
Meetings shall include:
•
Two (2) Team meetings
•
One comment resolution meeting for each 60% and 90% submittals – total two (2)
Task 2 – Landscape Architecture Assistance
Task 2.1 – 30% Schematic Design Assistance
Lokahi shall provide landscape architectural services to Dig Studio during the schematic design task
providing project background information, schematic design and design reviews.
No deliverables are expected in this task.
Task 2.2 – Landscape Architecture Meetings
•
Three (3) Team meetings / charettes
•
Five (5) meetings with city staff, team or stakeholders.
Lōkahi shall not have control over or charge of and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the work of
each of the Contractors, since these are solely the Contractor’s responsibility.
The following tasks are not included in this scope of services:
1. Topographic survey, development of an ALTA, Boundary or Title survey. These items will be provided
to Lōkahi in an electronic CAD format
2. All base data, utility information, and property lines and easements will be provided to Lōkahi
electronically by Dig Studio
3. Traffic count collection as noted only (All Traffic Data to provide)
4. Roadway designs including curb, gutter, and ramp work
5. Development of creating any new easements
6. Re-platting or rezoning efforts
7. Off-Site roadway improvements
8. Permitting or fees for any permitting or permit reviews
9. Building design or structure elements or features
10. Design of construction sequencing, or traffic control plans
11. Utility potholing is not included in this scope of services
12. Structural Engineering services has not been included as part of this scope of services
13. Electrical Engineering has not been included as part of this scope of services
14. Wayfinding signage design has not been included as part of this scope of services
15. Engineering Cost
16. Additional meetings
17. Post design services
18. Striping and signing plans
4
Dig Studio
AJ Chandler Park
Lōkahi staff will attend any additional meetings if requested. Time will be billed at the hourly rates.
If this general understanding is not correct or if additional time is needed beyond this Scope of Work, such
services can be provided on an additional time and materials basis using the rates outlined below:
Project Manager
$320.00/hour
Project Engineer Sr.
$260.00/hour
Traffic Engineer
$210.00/hour
Traffic Designer
$185.00/hour
24.07.03 REV 3
Traffic Engineering and Landscape Services
Classification
Man Hours
Total
Project Manager
3
$960.00
Project Engineer Sr.
38
$9,120.00
Traffic Engineer
50
$10,500.00
Traffic Designer
34
$6,290.00
Total
125
$26,870.00
All Traffic Data
Pedestrian and Bicycle data
$550.00
Total Direct & Subconsultant Costs
$27,420.00
Lokahi, LLC
Jamie Ann K. Blakeman, Principal
Dig Studio
AJ Chandler Park
Estimated Direct Labor & Rates
Subconsultants
Derivation of Cost Proposal:
Dig Studio
AJ Chandler Park
REV3
Project Manager
Project
Engineer Sr.
Traffic
Engineer
Traffic
Designer
Total
1
1.1
Background Info and Data Collection
2
2
1.2
Pedestrian Signal Warrant
1
4
8
13
1.3
Traffic Signal Plan Sheets
60% Design Development (includes note,
plan and detail sheets) (4 sheets)
1
4
10
14
29
90% Pre-final Construction Documents
(includes note, plan and detail sheets) (4
sheets)
4
8
12
24
100%
Final
Construction
Dlocuments
(includes note, plan and detail sheets) (4
sheets)
1
2
4
8
15
1.4
Meetings
1.4.1
Two (2) Team meetings (online meeting)
2
2
1.4.2
One comment resolution meeting for
each submittal – total two (2)
4
4
2.0
Landscape Architecture Assistance
2.1
30% Schematic Design Assistance
2
2
4
2.2
Landscape Architecture Team Meetings /
Charettes
6
6
12
Additional Meetings with City Staff,
Team and/or Stakeholders
10
10
20
3
38
50
34
125
Task
Traffic Engineering and Landscape Services
Total Project:
Mid-block Crossing Study and Plans
AGREEMENT BETWEEN CLIENT AND CONSULTANT
Client Name _____________________________________________________
Date _______________________________________________________
Address ________________________________________________________
Agreement Amount ___________________________________________
________________________________________________________
Consultant Project No. ________________________________________
________________________________________________________
Project Manager _____________________________________________
Attention ________________________________________________________
Project Description ___________________________________________
Office/Cell _______________________________________________________
__________________________________________________________
Fax/Email _______________________________________________________
__________________________________________________________
In consideration of their mutual promises, Client and Consultant agree as follows:
A.
Consultant agrees to perform the following professional services:
B.
Client agrees to compensate Consultant for such services as follows:
4801 South Lokeshore Drive, Suite 112
Tempe, AZ 85282
(602) 224-5085 • FAX: (602) 955-1578
C.
The standard terms and conditions set forth below and on the reverse side are incorporated hereinto and made a part of this
agreement.
I.
GENERAL
1.
All agreements on Consultant’s part are contingent upon, and subject to, the provision that Consultant shall not be responsible or liable for any direct,
indirect or consequential damages or be in default or to be deemed to be in default by reason of delays in performance by reason of strikes, lockouts, accidents,
acts of God, and any other delay unavoidable or beyond Consultant’s reasonable control. Consultant shall also not be in default due to shortages or
unavailability of labor at established area wage rates or delays caused by failure of Client or Client’s agents, to furnish information or to approve or disapprove
Consultant’s work promptly, or due to late, slow or faulty performance by Client, utility companies, contractors, or government agencies, the performance of
whose work is precedent to or concurrent with the performance of Consultant’s work. In the event of any such cause of delay, the time of completion shall be
extended accordingly.
2.
In the event any or all portions of the work prepared or partially prepared by Consultant are suspended, abandoned, terminated or should Client transfer his
interest in the project, Consultant shall prepare a closing statement and Client shall pay Consultant for the work performed, not to exceed the maximum
contract amount (including amounts due under Payment Section, item 2 below). Client shall notify Consultant of suspension, termination, abandonment or
transfer of interest, in writing.
3.
Client shall provide at his expense, such existing site plans, improvement plans and other drawings, title reports, governmental permits and other
information and materials necessary for Consultant to complete the work contemplated by this Agreement.
4.
No other relationship is intended to be created, nor shall it be construed that Consultant has any right to incur any liabilities as a partner of or other status
on behalf of Client. Consultant will not have authority or responsibility to sign utility contract documents or permits on behalf of Client. Client agrees to send
written authorization to third parties when requested by Consultant.
5.
In the event that all of the services required to be performed under this Agreement have not been performed within twelve (12) months from the date
hereof, for any reason other than a default by consultant hereunder, consultant shall have the right, upon giving thirty (30) days’ prior written notice to Client to
advise Client of any changes in its fees charged for services hereunder. If client does not object in writing to a fee increase within such thirty (30) day period,
such increased fees shall be in effect for the remainder of the Agreement. Should client object to such fee increase, consultant shall have the option, in its sole
discretion, to terminate this Agreement and to be paid to the date of termination for all services rendered and costs incurred to the date of termination.
(TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE)
This is an agreement for services to be provided by Dry Utility Services (“Consultant”). Work shall commence upon receipt by Consultant of a signed copy of
this Agreement. This Agreement shall not be effective unless signed and returned by Client within 60 days from the date stated below.
DIG STUDIO
MAY 29, 2024
3003 NORTH CENTRAL AVENUE
SUITE # 800
PHOENIX, AZ 85012
SEE ATTACHED FEE SCHEDULE
RRW4121
RON WATSON
BRANDON SOBIECH
AJ CHANDLER PARK PHASES I-III - NEC
OF S. ARIZONA AVE AND E. BOSTON ST. 3 S. ARIZONA AVE
CHANDLER, AZ 85225. DRY UTILITY COORDINATION
602-595-4101 X.202
Utility Management and coordination services more fully
described in Exhibit A attached hereto and, by this reference, made a part of this agreement.
See Consultant's Fee Schedule that has been incorporated into the scope of services attached.
480-787-8124
brandon@digstudio.com
6.
Client agrees to indemnify and hold Consultant harmless from and against all claims, damages, losses and expenses, including but not limited to,
attorney’s fees arising out of or related to the project or this Agreement, excepting any claims, damages, losses and expenses arising out of or resulting from
the gross negligence or willful act of Consultant or its employees. The entire liability of the Consultant and his employees, with the exception of liability for
personal injury, shall in no event exceed the total amount actually paid to the Consultant by the Client for services performed hereunder.
7.
All drawings, specifications and other work product of Consultant for this project are instruments of service for this project only and shall remain the
property of Consultant whether the project is completed or not. Reuse of any of the instruments of service of Consultant by Client on extensions of this project
or on any other project without the written permission of Consultant shall be at Client’s risk and Client agrees to defend, indemnify, and hold harmless
Consultant from all claims, damages and expenses including attorney’s fees arising out of such unauthorized reuse of Consultant’s instruments of service by
Client or by others acting through Client.
8.
Consultant makes no warranty, either express or implied, as to his findings, recommendations, specifications, professional advise or other work except
that these were prepared in accordance with the generally accepted standards of the profession.
9.
Consultant makes no representation concerning the cost figures made in connection with maps, plans, specifications, drawings or estimates of quantity
for materials other than that all cost figures and quantities are Consultant’s opinion of probable costs made on the basis of Consultant’s experience and
qualifications and Consultant shall not be responsible for fluctuations in cost factors or figures.
10. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement,
then all litigation and collection expenses, witness fees, expert fees, court costs, and attorney’s fees shall be paid to the prevailing party.
11. This Agreement binds Consultant and Client and their successors, and assigns. Neither party shall assign, sublet or transfer its interests, rights or
obligations in the Agreement without the written consent of the other party hereto.
II. PAYMENT
1.
Consultant shall submit invoices to Client from time to time as services are provided.
2.
Client shall pay the cost of all reimbursable items such as fees, permits, messenger and/or special delivery charges, blueprints and reproductions, travel,
and other out-of-pocket expenses directly related to Client’s project. In the event such reimbursable items are paid directly by Consultant, then such charges
and expenses shall be invoiced to Client at direct cost plus fifteen (15) percent for handling.
3.
Any services agreed to be performed by Consultant at the request of Client in addition to those set forth herein shall be paid for by Client as extra work
in accordance with Consultant’s prevailing hourly rates. No extra work shall be performed by Consultant without written authorization by Client.
4.
Client shall promptly review invoices and notify Consultant of any objection thereto. Absent such objection in writing within ten (10) days of the date of
the invoice, the invoice shall be deemed proper and acceptable.
5.
In the event any invoice is not paid within thirty (30) days after rendering of the invoice, it shall commence bearing interest on the date the invoice was
rendered at the rate of eighteen (18) percent per annum (or such rate as may be maximum interest permissible under applicable law, whichever is lower) and
Client agrees to pay all accrued interest, together with the charges for services rendered.
6.
In the event any invoice submitted under this Agreement or under any other agreement between Client and Consultant is not paid in full within sixty (60)
days after rendering, Client agrees that Consultant shall have the right to consider said default a material breach of this Agreement. Client shall have ten (10)
days thereafter in which to cure said default. If said default is not cured by Client, Consultant shall have the right, in addition to all other available rights and
remedies, to terminate this Agreement, even if the default is in payment of an invoice submitted under another agreement, and to terminate all other
agreements between Client and Consultant, and Client shall then promptly pay Consultant for all of the fees and charges and for all of their services
performed by Consultant to the date of termination.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated, the
day and year first above written.
Client
By:
Title
Date
Consultant
By:
Ron Watson
President
Title
Date
, INC.
05/29/2024
EXHIBIT “A”
“SCOPE OF WORK”
DRY UTILITY MANAGEMENT SERVICES
CLIENT:
DIG STUDIO
PROJECT:
AJ CHANDLER PARK PHASES I-III – NEC OF SOUTH ARIZONA
AVENUE AND EAST BOSTON STREET. 3 SOUTH ARIZONA
AVENUE, CHANDLER, AZ 85225
(RRW4121)
DATE:
MAY 29, 2024
I.
SCOPE OF SERVICES:
Conduct site investigation and review pertinent dry utility data as made available from the
electric, natural gas, telephone and cable television companies.
Meet with each utility to determine or confirm capabilities, specific source locations,
estimates of design and contract preparation timeframes.
Assist in the identification of potential utility conflicts with the proposed grading, sewer,
water and storm drain systems based on plans provided by Client.
Assist Client in the resolution of onsite and perimeter dry utility conflicts between planned
improvements and existing natural gas, electric, telephone and CATV systems. Conflicts
covered by this scope of services are:
1. Coordination associated with utility site clearing/removals.
2. Coordination associated with easement abandonments.
If additional conflicts are found during project development process,
they will be reviewed and may be considered additional services to be covered by
Consultant’s change order.
Review utility design options for advantageous tariff applications.
Prepare one (1) opinion of probable costs, if requested by Client, based on plans provided by
Client and utility provided information.
Keep Client advised on coordination progress with direct correspondence and copies of
correspondence with utility companies.
AJ Chandler Park Phases I-III
Exhibit A
Page 2 of 5
Identify potential sources for temporary construction power and communications service, if
available, based on information obtained through utility representatives. Client or Client’s
Contractor to coordinate temporary service installation in the field and to make application
for service with utility companies.
NOTE:
Consultant can coordinate utility company temporary power and temporary
communications designs and contracts if requested by Client, based on
direction and service requirements provided by Client. Since this is a service
not frequently provided, Consultant’s Compensation can be added by an
Addendum to this Agreement.
Assist Client in establishing locations for dry utility onsite infrastructure relating to space
requirements, aesthetic treatments and utility company specifications.
Interface with Client, architect, civil engineer, landscape architect, electrical and mechanical
engineers and other professionals to obtain information for utilities’ design preparation.
Consultant can negotiate and obtain variances from utility representatives, if requested by
Client. Since this is a service not frequently provided, variances from standard utility
requirements will be reviewed and considered an additional service to be covered by the
Miscellaneous Services portion of the Compensation Schedule with prior Client approval or
an additional services authorization.
Submit plans, track design process and maintain required interface with utility
representatives to obtain preliminary design for Client approval. Negotiate a mutually
acceptable schedule.
Fees are based on one (1) utility processing to obtain the designs and construction
agreements. Fees are based on one phase for the site development work. If the
project is broken into additional phases, the current cost per lot/unit for Consultant’s
services may increase due to the additional work required to coordinate multiple
smaller projects.
Changes in plans are typical and expected as the development process progresses.
Plan revisions that require modification to the dry utility designs will be made as
part of our basic service coordination through the availability and review of the
preliminary electric design. Revisions after the preliminary electric design
approval will be reviewed and may be considered additional services to be
covered by Consultant’s Change Order.
Coordinate Client’s master plan for sequential development with dry utilities.
AJ Chandler Park Phases I-III
Exhibit A
Page 3 of 5
Required interface with utility company representatives to establish onsite service points for
special service needs of the project. Special service needs normally include pump stations,
traffic signals, irrigation controller power and landscape lighting. Examples of special needs
covered by this scope of services are:
1.
streetlight service points (lighting design by others)
2.
irrigation controller electric service points
3.
entry monument and common area lighting electric service points, if
requested
4.
utility services to buildings being constructed with initial development or
stubs to pad/future building areas.
5.
traffic signal service point (if needed)
If additional needs are determined during the project development process, they will
be reviewed and may be considered additional service to be covered by Consultant’s
change order.
Review and distribute preliminary electric design to the development team.
Attend utility design conference and other related meetings as required to complete the
design process. If Participation in “regularly scheduled” team meetings in excess of sixteen
(16) hours for the project is required, the additional time will be covered under hourly
services portion of this agreement with Client approval.
Prepare one dry utility existing conditions exhibit for Phase I to include natural gas, electric,
telephone and CATV as applicable.
Review final designs, contracts and right-of-way documents in preparation for Client’s
approval and signature.
Submit final utility documents to Client.
Coordinate with Client and utility companies for the acquisition of onsite dry utility
easements required by the utility companies. Legal descriptions and exhibits to be prepared
by utility companies or Client’s Engineer.
Coordinate and attend a pre-construction meeting with utility representatives at Client’s
direction. The level of effort included in the basic services is four (4) hours of consultation
during construction. Work related to the construction phase (such as resolution of field
problems, attendance at meetings and other duties as directed by Client) beyond the four (4)
hours allocated will be considered an additional service to be billed on a time and material
basis at prevailing hourly rates. Prior approval from Client will be obtained.
AJ Chandler Park Phases I-III
Exhibit A
Page 4 of 5
II.
CONSULTANT’S COMPENSATION SCHEDULE:
Consultant proposes its’ services on a fixed fee plus hourly basis. The basic coordination
services described in the previous section are proposed on a fixed fee basis. Miscellaneous
additional services (if requested) and team meeting participation in excess of the allowance
will be covered on an hourly basis.
Consultant’s fees for services shall be payable during the progress of work as follows:
A.
FIXED FEE - EXHIBIT A SERVICES:
1.
FIXED FEE – EXHIBIT A PHASE I
EXISTING UTILITY ANALYSIS:
$ 321.00
upon set-up of project.
$ 964.00
upon completion of initial utility review and planning meetings with
utility companies.
$1,125.00
upon completion of existing conditions exhibit.
$ 803.00
upon completion of final proposed resolution.
$3,213.00
TOTAL
FIXED FEE - EXHIBIT A SERVICES: PHASE II – SITE
CLEARING/REMOVALS:
$1,695.00
at submittal to the utilities for the purpose of site clearing/removals.
$2,712.00
at availability of site clearing/removal preliminary designs.
$2,373.00
at the completion of the negotiations and the availability of the final
site clearing/removal designs and contracts.
$1,021.00
at initiation of easement abandonment request to utility companies.
(as needed).
$1,247.00
at availability of easement abandonment approval. (as needed).
$9,048.00
TOTAL
AJ Chandler Park Phases I-III
Exhibit A
Page 5 of 5
FIXED FEE - EXHIBIT A SERVICES: PHASE III - NEW BUSINESS
COORDINATION:
$3,071.00
at submittal to the utilities for the purpose of an extension of service.
$4,914.00
at availability of electric preliminary design.
$4,300.00
at the completion of the negotiations and the availability of the final
utility designs and contracts.
$12,285.00
TOTAL
Fee for each of the stages will be invoiced monthly as the work progresses on the
basis of percentage of work actually completed. Fees will not exceed the amounts
shown for each stage.
B.
MISCELLANEOUS SERVICES AND TEAM MEETING PARTICIPATION:
beyond the allowance and if applicable and requested by Client
Consultant’s fee associated with hourly services (Exhibit A) shall be on a time and
material basis, budgeted not to exceed $1,000.00. Invoices will be prepared monthly
as the work progresses in accordance with Consultant’s current fee schedule
(attached). The agreement ceiling can only be increased with the written
authorization of Client.
C.
REIMBURSABLE EXPENSES ALLOWANCE:
An allowance for Consultant’s reimbursable expenses is recommended. This will
assist all parties with accounting issues. Consultant recommends an allowance in
the amount of $1,000.00. This amount will cover all normal charges described on
Consultant’s Fee Schedule that is included with this proposal if Client provides full-
size hard copies of plans needed by Consultant for submittals and coordination
work.
DRY UTILITY SERVICES
STANDARD FEE SCHEDULE 2024
(Prices good through December 31, 2024)
Compensation of Dry Utility Services for work performed on a time and material basis will be
computed as follows:
Principal/President
$189.00/hr.
Vice President/Division Manager
$165.00/hr.
Senior Project Manager
$155.00/hr.
Project Manager
$139.00/hr.
Senior Project Coordinator
$119.00/hr.
Project Coordinator
$105.00/hr.
Drafting/Graphics
$ 71.00/hr.
Administrative Services
$ 68.00/hr.
Consultation in connection with litigation, testimony as expert witness and presentations to and/or
direct advocacy roles on behalf of client before public agencies (Federal, State, County and
Municipal Governments) and regulatory bodies (Public Utilities Commissions, Corporations
Commissions, Public Service Commissions) are considered special services, and as such, Principal's
hourly rate will be $275.00, and the Division Manager hourly rate will be $250.00.
MISCELLANEOUS FEES
The following costs are billed at our cost plus 15%:
o
Blueprint services and printing (the customer is encouraged to arrange for printing.) Prints
and copies will be contracted directly with an outside blueprint company acceptable to Dry
Utility Services if clients' blueprint company/account is not used.
o
Pick-up and delivery services -- $0.67 per mile plus labor
o
Subcontracted services
o
Transportation, meals and lodging, and incidental travel expenses
o
Commercial delivery services, including UPS, Federal Express, Express Mail and
messenger services.
July 3, 2024
Brandon Sobiech
Principal / Co-Founder
3003 North Central Ave, Suite 800
Phoenix, Arizona 85012
Dear Brandon:
I write to confirm the retaining of Biederman Redevelopment Ventures (“BRV”) by Dig Studio for continued
consulting services for programming and design review for the redevelopment of A.J. Chandler Park in
Chandler, Arizona.
BRV will provide the following:
•
Evaluate existing information: Review and evaluate existing site information and materials for event
logistics and infrastructure including but not limited to load in/load out considerations, accessible
electricity and electrical capacity, lighting, and shade/weather protection.
•
Perform field investigations and site visits: Analyze the existing public use of AJ Chandler Park, the
visitor experience, daily programming feasibility, and event desires/needs of the surrounding
community.
•
Programming Plan: A plan for programming, amenities, and events that aims to energize Phase 1 of
Chandler Park at various times of the day, week, and seasons of the year, that aims to create a safe and
welcoming environment, exhibit and exemplify local talent and culture, extend the stays of residents,
workers, and visitors to Chandler Park, and will include programming and site programming maps, lists
of programming activities, and hypothetical schedules for programs, amenities, and events.
●
Design review and support: BRV will work with the design team to analyze and improve aspects of
the design so that all elements work in concert with the planned programming and operations, and the
design avoids unnecessary capital or operating expenditures. BRV will review design documents and
make recommendations so that the design includes the necessary infrastructure to support the
planned programming and events, such as power needs, lighting, event loading/unloading, storage,
restrooms, and appropriate materials.
This consultancy is for four (4) months and will begin on or about August 19, 2024, pursuant to payment
provisions below, and finish on or about December 19, 2024. The fee for this consultancy is eighty thousand
($80,000) dollars plus expenses.
The fee for this project is payable by four (4) payments of twenty thousand ($20,000) dollars, and will be
invoiced on September 19, 2024, October 19, 2024, November 19, 2024, and December 19, 2024. Payments
are due in full ten (10) days after the receipt of funds by Dig Studio. Such payment shall be made by electronic
wire bank transfer, to the below account, upon receipt of our electronic fee invoices. Please note that we do
not accept payments by check, or any other form of payment other than electronic wire bank transfer.
BRV electronic wire bank transfer account:
Name: BRV Corp
Acct #: 040005299
Routing/ABA: 021000021
Bank: JPMorgan Chase Bank N.A.
We look forward to working with you and your team on the redevelopment A.J. Chandler Park in Chandler,
Arizona.
Sincerely,
Dan Biederman, President
For Biederman Redevelopment Ventures Corp.:
__________________________________
Signed
For Dig Studio:
_________________________________
Signed
Dan Biederman, President
_________________________________
Print: Name/Title
Brandon Sobiech, Principal
_________________________________
Print: Name/Title
7/3/2024
__________________________________
Date
__________________________________
Date
With notice where necessary to:
BRV General Counsel
__________________________________
With notice where necessary to:
Dig Studio General Counsel
__________________________________
Name: Susan Duke Biederman, Esq.
Address: 13 Turner Drive Chappaqua, NY 10514-1109
Email: sddb4@hotmail.com
Phone (Office and Mobile): 646-866-8652
__________________________________
Name:
Address:
Email:
Phone (Office and Mobile):
__________________________________
This message contains confidential, privileged, and proprietary information that is, inter alia, the intellectual
property of Biederman Redevelopment Ventures and, as such, may not be used, copied, or disseminated in any
way, with or by the recipient or any third party, other than for the exclusive purpose of reviewing the proposed
scope of this specific proposal.
© Copyright 2024 Biederman Redevelopment Ventures. All rights reserved.
Phoenix |Kansas City |Pensacola
602.799.8032
To: Brandon Sobiech, PLA, ASLA
From: Marc Taylor
Dig Studio
Marc Taylor Inc.
3003 N. Central Ave., Suite 800
15396 N. 83rd Ave., Suite C103
Phoenix, AZ 85012
Peoria, AZ 85381
RE: AJ Chandler Park Fee Proposal
July 5, 2024
Dear Brandon –
We appreciate the opportunity to provide Dig Studio with a fee proposal for the AJ Chandler Park
Revitalization project. We understand we are being asked to provide professional cost estimates
at 30% SD and 60% DD.
We understand this to be a $10M development of the existing 2.3-acre park located in downtown
Chandler. Improvements may include, but not limited to:
-
Demolition of existing pavements, water features and structures
-
Design of new decorative hardscape plazas
-
Relocated and new public art
-
Extensive shade tree infrastructure
-
Event lawn(s)
-
Seasonal plaza(s) with social activities
-
Seating and site furniture
-
Park lighting
-
Park power and WiFi
-
Multiple shade canopies and park pavilions
-
Storage rooms
-
New restrooms
A. The following is a list of qualifications and services for this effort:
1. Conceptual Cost Estimate Review
$ 6,600
a. Review and comment on qualifications, schedule, general conditions and general
requirements.
2. 30% SD Cost Estimates
$ 16,800
a. Includes attending (1) Estimate Kickoff Meeting / (1) Presentation of Estimate.
b. Includes a summary level detailed cost estimate by area with back up and
qualifications.
3. 60% DD Cost Estimates
$ 17,000
a. Includes attending (1) Estimate Kickoff Meeting / (1) Presentation of Estimate.
b. Includes a summary level detailed cost estimate by area with back up and
qualifications.
2 | P a g e
4. Project Meetings
$ 1,935
a. Includes consultant meeting attendance at various phases of the project.
b. Based on three (3) meetings – 3hrs./each @ $215/hr.
TOTAL
$ 42,335
This fee is based upon estimating one set of drawings, site and civil plans. Marc Taylor requests
four (4) weeks to complete each cost estimate.
General Clarifications:
1. If total scope of services above is not accepted, Marc Taylor Inc. reserves the right to withdraw
proposal or modify fee structure. If scope of services is changed, Marc Taylor Inc. will need to revisit
fee structure and negotiate a mutually acceptable revised proposal.
2. Contract terms will be defined/ modified if required to reach an executable, mutually agreeable contract.
3. Marc Taylor Inc. will invoice upon completion of each estimate at the various design phases identified
in this proposal. If at no fault of Marc Taylor Inc., the owner and/or Dig Studio have failed to make the
issued progress payments before the subsequent next design phase, Marc Taylor Inc. reserves the
right to stop work, until payment is received.
4. If Dig Studio fails to receive payment from owner, and that failure is in no way due to or caused by the
work of Marc Taylor Inc., then Dig Studio shall remit payment to Marc Taylor Inc. for services
rendered and invoiced.
5. Assume the design packages will be issued as one package. If multiple updates are produced during
design phases, Marc Taylor Inc. reserves the right to adjust fee to account for estimating packages
more than once or having to re-estimate quantities that have already been surveyed.
6. Does not include pricing multiple building cost options.
7. Estimate includes four hours of value engineering (additive or deductive) at each design phase. Pricing
of multiple building options is not included. Additional value engineering or multiple building options will
be priced at $ 215/hr.
8. Special Insurance, errors and omissions or liability requirements beyond MTI’s current limitations.
This proposal is accepted by Dig Studio:
Brandon Sobiech, PLA, ASLA / Principal
Date
Dig Studio
Project Name: Dr. A.J. Chandler Park Renovation Phase 1
Page F-1
Project No.: CA2402.201
Rev. 1/24/2024
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A
INSR
ADDL SUBR
LTR
INSR WVD
DATE (MM/DD/YYYY)
PRODUCER
CONTACT
NAME:
FAX
PHONE
(A/C, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF
POLICY EXP
TYPE OF INSURANCE
LIMITS
(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE
NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE
$
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
CLAIMS-MADE
OCCUR
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
$
PRO-
OTHER:
LOC
JECT
COMBINED SINGLE LIMIT
$
(Ea accident)
BODILY INJURY (Per person)
$
ANY AUTO
OWNED
SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY
AUTOS
AUTOS ONLY
HIRED
PROPERTY DAMAGE
$
AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE
$
CLAIMS-MADE
AGGREGATE
$
DED
RETENTION $
$
PER
OTH-
STATUTE
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
CERTIFICATE HOLDER
CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016/03)
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
Travelers Casualty Ins Co of America
Travelers Casualty and Surety Company
Charter Oak Fire Insurance Company
Berkley Insurance Company
7/23/2024
USI Insurance Services, LLC
4600 S. Ulster Street, Suite 1200
Denver, CO 80237
800 873-8500
800 873-8500
den.certificate@usi.com
Dig Studio Inc.
600 N. 4th Street, Suite D
Phoenix, AZ 85004
19046
19038
25615
32603
A
X
X
X
X
X
6803K78390223
11/26/2023 11/26/2024
2,000,000
1,000,000
5,000
2,000,000
4,000,000
4,000,000
A
X
X
X
X
6803K78390223
11/26/2023 11/26/2024
2,000,000
B
X
X
X
10000
X
X
CUP3K78438223
11/26/2023 11/26/2024
5,000,000
5,000,000
C
N
X
UB3K50973A
11/26/2023 11/26/2024 X
1,000,000
1,000,000
1,000,000
D
Professional
Liability
Claims Made
AEC907233106
11/26/2023 11/26/2024 $2,000,000 per claim
$4,000,000 annl aggr.
As required by written contract or written agreement, the following provisions apply subject to the policy
terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic
Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under
Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to
liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner.
(See Attached Descriptions)
City of Chandler - Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
1 of 2
#S45620981/M43983669
DIGSTU
Client#: 1089906
MXHBC
1 of 2
#S45620981/M43983669
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
The General Liability, Automobile Liability, Umbrella/Excess insurance policies applies on a primary and
non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile
Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy
provides excess coverage over the General Liability, Automobile Liability and Employers Liability.
Please note that Additional Insured status does not apply to Professional Liability or Workers'
Compensation.
Certificate Holder Name Continues: Attn: CIP City Engineer: Daniel Haskins, P.E.
RE: Project No. CA2402.20, Project: DR. A.J. CHANDLER PARK RENOVATION PHASE 1
Additional Insured: City of Chandler
2 of 2
#S45620981/M43983669
6803K78390223
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TRAVELERS't
POLICY NUMBER:
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00) _ OJ
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR walCH THE INSURED HAS
COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER.
DATE OF ISSUE:
ST ASSIGN:
UB3K50973A
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