Agreement

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City Clerk Document No.  
 
 
 
 
 
City Council Meeting Date: October 17, 2024 
 
 
 
CITY OF CHANDLER SERVICES AGREEMENT 
GENERAL PLAN UPDATE AND COMPREHENSIVE HOUSING PLAN  
CITY OF CHANDLER AGREEMENT NO. DS5-918-4808 
 
THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an 
Arizona municipal corporation (City), and Logan Simpson Design, Inc., an Arizona corporation 
(Contractor), (City and Contractor may individually be referred to as Party and collectively referred 
to as Parties) and made  
 
 
 
 , 2024 (Effective Date). 
 
RECITALS 
 
A. City proposes to enter an agreement for a General Plan update and a Comprehensive Housing 
Plan as more fully described in Exhibit A, which is attached to and made a part of this Agreement 
by this reference. 
 
B. Contractor 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 contract with the Contractor 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 Contractor agree as follows: 
 
SECTION I: DEFINITIONS 
 
For purposes of this Agreement, the following definitions apply: 
Agreement means the legal agreement executed between the City and the Contractor  
City means the City of Chandler, Arizona 
Contractor means the individual, partnership, or corporation named in the Agreement 
Days means calendar days 
May, Should means something that is not mandatory but permissible 
Shall, Will, Must means a mandatory requirement 
 
SECTION II: CONTRACTOR’S SERVICES 
 
Contractor must perform the services described in Exhibit A to the City’s satisfaction within the 
terms and conditions of this Agreement and within the care and skill that a person who provides 
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similar services in Chandler, Arizona exercises under similar conditions. All work or services 
furnished by Contractor under this Agreement must be performed in a skilled and workmanlike 
manner.   Unless authorized by the City in writing, all fixtures, furnishings, and equipment furnished 
by Contractor 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.  
 
SECTION III: PERIOD OF SERVICE 
 
Contractor must perform the services described in Exhibit A for the term of this Agreement.  
 
Following execution of this Agreement by City, the Contractor will immediately commence work and 
will complete all services described within 20 months from the date the Contractor is notified to 
proceed. 
 
SECTION lV: PAYMENT OF COMPENSATION AND FEES 
 
4.1 Unless amended in writing by the Parties, Contractor's compensation and fees as more fully 
described in Exhibit B for performance of the services approved and accepted by the City under this 
Agreement must not exceed $525,000. Contractor must submit requests for payment for 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 subcontractor’s or supplier’s actual requests for payment 
plus similar narrative and listing of their work. 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 
completed on the service during the preceding month. All requests for payment must be submitted 
to the City for review and approval. The City will make payment for approved and accepted services 
within 30 days of the City’s receipt of the request for payment.  
 
4.2 Applicable Taxes. The Contractor will pay all applicable taxes. The City is subject to all applicable 
state and local transaction privilege taxes. To the extent any state and local transaction privilege 
taxes apply to sales made under the terms of this Agreement, it is the responsibility of the 
Contractor to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 
 
4.3 Tax Indemnification. The Contractor and all subcontractors will pay all Federal, state, and local 
taxes applicable to its operation and any persons employed by the Contractor. The Contractor will 
and require all subcontractors to hold the City harmless from any responsibility for taxes, damages, 
and interest, if applicable, contributions required under Federal, state, and local laws and 
regulations and any other costs including transaction privilege taxes, unemployment compensation 
insurance, Social Security, and Worker’s Compensation. 
  
4.4 All prices offered herein shall be firm against any increase for the initial term of the Agreement.  
Prior to commencement of subsequent renewal terms, the City may approve a fully documented 
request for a price adjustment. The City shall determine whether any requested price increases for 
extension terms is acceptable to the City. If the City approves the price increase, the price shall 
remain firm for the renewal term for which it was requested. If a price increase is agreed upon by 
the Parties a written Agreement Amendment shall be approved and executed by the Parties. 
 
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SECTION V: GENERAL CONDITIONS 
 
5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses 
pertaining to this Agreement and records of accounts between the City and Contractor must be 
kept on the basis of generally accepted accounting principles and must be made available to the 
City and its auditors for up to three years following the City’s final acceptance of the services under 
this Agreement. The City, its authorized representative, or any federal agency, reserves the right to 
audit Contractor's records to verify the accuracy and appropriateness of all cost and pricing data, 
including data used to negotiate this Agreement and any amendments. The City reserves the right 
to decrease the total amount of Agreement price or payments made under this Agreement or 
request reimbursement from the Contractor following final contract payment on this Agreement if, 
upon audit of the Contractor's records, the audit discloses the Contractor has provided false, 
misleading, or inaccurate cost and pricing data. The Contractor will include a similar provision in all 
of its contracts with subcontractors providing services under the Agreement Documents to ensure 
that the City, its authorized representative, or the appropriate federal agency, has access to the 
subcontractors’ records to verify the accuracy of all cost and pricing data. The City reserves the right 
to decrease Contract price or payments made on this Agreement or request reimbursement from 
the Contractor following final payment on this Agreement if the above provision is not included in 
subcontractor agreements, and one or more subcontractors refuse to allow the 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 the Contractor has provided false, misleading, or inaccurate 
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the 
Contractor will be liable for reimbursement of the reasonable, actual cost of the audit. 
 
5.2 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 the 
City. However, before any modified work is started, a written amendment must be approved and 
executed by the City and the Contractor. Such amendment must not be effective until approved by 
the City. Additions to, modifications, or deletions from this Agreement as provided herein may be 
made, and the compensation to be paid to the Contractor may accordingly be adjusted by mutual 
agreement of the Parties. It is distinctly understood and agreed that no claim for extra work done 
or materials furnished by the Contractor will be allowed by the City except as provided herein, nor 
must the Contractor 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 the Contractor 
without prior written authorization will be at Contractor's own risk, cost, and expense, and 
Contractor hereby agrees that without written authorization Contractor will make no claim for 
compensation for such work or materials furnished. 
 
5.3 Termination for Convenience. The City and the Contractor hereby agree to the full 
performance of the covenants contained herein, except that the 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 
the Contractor. In the event the City abandons or suspends the services, or any part of the 
services as provided in this Agreement, the City will notify the Contractor in writing and 
immediately after receiving such notice, the Contractor must discontinue advancing the work 
specified under this Agreement. Upon such termination, abandonment, or suspension, the 
Contractor must deliver to the City all drawings, plans, specifications, special provisions, 
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estimates and other work entirely or partially completed, together with all unused materials 
supplied by the City. The Contractor must appraise the work Contractor has completed and 
submit Contractor's appraisal to the City for evaluation. The City may inspect the Contractor's 
work to appraise the work completed. The Contractor will receive compensation in full for 
services performed to the date of such termination. The fee shall be paid in accordance with 
Section IV of this Agreement, and as mutually agreed upon by the Contractor and the 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 payment exceed 
the payment set forth in this Agreement nor as amended in accordance with Alteration in 
Character of Work. The City will make the final payment within 60 days after the Contractor has 
delivered the last of the partially completed items and the Parties agree on the final payment. 
If the 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. 
5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence 
of any one or more of the following events: in the event that (a) the Contractor fails to perform 
pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c) 
the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver is 
appointed for Contractor or for any of Contractor’s property (e) the Contractor files a petition to 
take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (f) the 
Contractor disregards laws, ordinances, rules, regulations or orders of any public body having 
jurisdiction, or (g) the Contractor fails to cure default within the time requested. Where Agreement 
has been so terminated by City, the termination will not affect any rights of City against Contractor 
then existing or which may thereafter accrue. 
 
5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold 
harmless the 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 
the Contractor or any of its owners, officers, directors, agents, employees, or subcontractors 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 the Contractor to 
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. 
The Contractor must indemnify lndemnitee from and against any and all Claims, except those 
arising solely from lndemnitee's own negligent or willful acts or omissions. The Contractor is 
responsible for primary loss investigation, defense and judgment costs where this 
indemnification applies. In consideration of the award of this Agreement, the Contractor agrees 
to waive all rights of subrogation against lndemnitee for losses arising from or related to this 
Agreement. The obligations of the Contractor under this provision survive the termination or 
expiration of this Agreement. 
 
5.6 Insurance Requirements. Contractor 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 Contractor and its agents, 
representatives, employees, and subcontractors. Contractor and any subcontractors must 
maintain this insurance until all of their obligations have been discharged, including any 
warranty periods under this Agreement. These insurance requirements are minimum 
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requirements for this Agreement and in no way limit the indemnity covenants contained in this 
Agreement. The City in no way warrants that the minimum limits stated in Exhibit C are 
sufficient to protect the Contractor from liabilities that might arise out of the performance of 
the work under this Agreement by the Contractor, the Contractor’s agents, representatives, 
employees, or subcontractors. Contractor is free to purchase such additional insurance as may 
be determined necessary. 
 
5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such 
other duly executed documents as may be reasonably requested by the City to implement the 
intent of this Agreement. 
 
5.8 Notices. Unless otherwise provided, notice 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 date notice is sent if 
by electronic mail, or (c) 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: 
 
For the City 
For the Contractor 
Name: Christina Pryor                                                Name: Megan Moore                                                
Title: Procurement and Supply Senior Manager    Title: Project Manager                                               
Address: 175 S. Arizona Ave., 3rd Floor                    Address: 51 W. Third St., Suite 450                         
Chandler, AZ 85225                                                    Tempe, AZ 85281                                                       
Phone: 480-782-2403                                                 Phone: 970-449-4100                                                
Email: christina.pryor@chandleraz.gov                   Email: mmoore@logansimpson.com                      
 
5.9 Successors and Assigns. City and Contractor 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 the City nor the Contractor 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 the City. 
 
5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties 
required not disposed of by agreement between the Contractor and the City, the final 
determination at the administrative level will be made by the City Purchasing and Materials 
Manager. 
 
5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for 
the completeness and accuracy of Contractor's services, data, and other work prepared or 
compiled under Contractor's obligation under this Agreement and must correct, at Contractor's 
expense, all willful or negligent errors, omissions, or  acts that may be discovered. The fact that 
the City has accepted or approved the Contractor's work will in no way relieve the Contractor 
of any of Contractor's responsibilities. 
 
5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's 
payments up to the amount equal to the claims the City may have against the Contractor until 
such time that a settlement on those claims has been reached. 
 
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5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to 
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes 
(A.R.S.). 
 
5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent 
contractor. Any provisions in this Agreement that may appear to give the City the right to direct 
the Contractor as to the details of accomplishing the work or to exercise a measure of control 
over the work means that the Contractor must follow the wishes of the 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, the Contractor must 
assign to the City the key personnel that will be involved in performing services prescribed in 
the Agreement. The City may acknowledge its acceptance of such personnel to perform 
services under this Agreement. At any time hereafter that the Contractor desires to change key 
personnel while performing under the Agreement, the Contractor must submit the 
qualifications of the new personnel to the City for prior approval. The Contractor will maintain 
an adequate and competent staff of qualified persons, as may be determined by the City, 
throughout the performance of this Agreement to ensure acceptable and timely completion of 
the Scope of Services. If the City objects, with reasonable cause, to any of the Contractor's staff, 
the Contractor must take prompt corrective action acceptable to the City and, if required, 
remove such personnel from the Project and replace with new personnel agreed to by the City. 
 
5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for 
approval the names of subcontractors to be used under this Agreement. Any subsequent 
changes are subject to the City’s written prior approval. 
 
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act 
required under this Agreement by reason of acts of God or other cause beyond the control and 
without fault of the Party (financial inability excepted), performance of that act may be excused, 
but only for the period of the delay, if the Party provides written notice to the other Party within 
ten days of such act. The time for performance of the act may be extended for a period 
equivalent to the period of delay from the date written notice is received by the other Party. 
 
5.18 Compliance with Laws. Contractor understands, acknowledges, and agrees to comply with 
the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the 
Drug Free Workplace Act of 1989. All services performed by Contractor must also comply with 
all applicable City of Chandler codes, ordinances, and requirements. Contractor agrees to 
permit the City to verify Contractor’s compliance. 
 
5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor 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 the City from awarding a contract 
to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). 
Therefore, Contractor agrees Contractor and each subcontractor 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 
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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 
Contractor’s or subcontractor’s employee who provides services under this Agreement to 
ensure that the Contractor and subcontractors comply with the warranty under this provision. 
 
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding 
a contract 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 contract award. This requirement does not apply 
to business organizations such as corporations, partnerships, or limited liability companies. 
 
5.22 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. 
 
5.23 Covenant Against Contingent Fees. Contractor 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 
Contractor’s firm. For breach or violation of this warrant, the 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. 
 
5.24 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. 
 
5.25 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential 
conflicts of interest, the Contractor must provide written notice to the City, as set forth in this 
Section, of any work or services performed by the Contractor for third parties that may involve 
or be associated with any real property or personal property owned or leased by the City. Such 
notice must be given seven business days prior to commencement of the services by the 
Contractor for a third party, or seven business days prior to an adverse action as defined below. 
Written notice and disclosure must be sent to the City’s Purchasing and Materials Manager. 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 the City; or (b) testifying or providing evidence on behalf 
of any person in connection with an administrative or judicial action against the City; or (c) using 
data to produce income for the Contractor or its employees independently of performing the 
services under this Agreement, without the prior written consent of the City. Contractor 
represents that except for those persons, entities, and projects identified to the City, the 
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services performed by the Contractor 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 the City’s 
interests. Contractor'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. 
 
5.26 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 the Contractor or its subcontractors 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 the Contractor or its subcontractors in 
connection with the Contractor's or its subcontractor’s performance of this Agreement is 
confidential and proprietary information belonging to the City. Except as specifically provided in this 
Agreement, Contractor or its subcontractors must not divulge data to any third party without the 
City’s prior written consent. Contractor or its subcontractors 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 the Contractor or its subcontractors have first given the required 
notice to the City: (a) data which was known to the Contractor or its subcontractors prior to its 
performance under this Agreement unless such data was acquired in connection with work 
performed for the City; or (b) data which was acquired by the Contractor or its subcontractors in its 
performance under this Agreement and which was disclosed to the Contractor or its subcontractors 
by a third party, who to the best of the Contractor's or its subcontractors knowledge and belief, had 
the legal right to make such disclosure and the Contractor or its subcontractors 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 the Contractor or its subcontractors are subject. In the event 
the Contractor or its subcontractors are required or requested to disclose data to a third party, or 
any other information to which the Contractor or its subcontractors became privy as a result of any 
other contract with the City, the Contractor must first notify the City as set forth in this Section of 
the request or demand for the data. The Contractor or its subcontractors must give the City 
sufficient facts so that the City can be given an opportunity to first give its consent or take such 
action that the City may deem appropriate to protect such data or other information from 
disclosure. Unless prohibited by law, within ten calendar days after completion or termination of 
services under this Agreement, the Contractor or its subcontractors must promptly deliver, as set 
forth in this Section, a copy of all data to the City. All data must continue to be subject to the 
confidentiality agreements of this Agreement. Contractor or its subcontractors assume all liability 
to maintain the confidentiality of the data in its possession and agrees to compensate the City if any 
of the provisions of this Section are violated by the Contractor, its employees, agents or 
subcontractors. 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. Contractor 
agrees that the requirements of this Section must be incorporated into all subcontracts entered 
into by Contractor. A violation of this Section may result in immediate termination of this Agreement 
without notice. 
 
5.27 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 Contractor and any of its subcontractors. At a 
minimum, Contractor must encrypt or password-protect electronic files. This includes data 
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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 Contractor or its 
subcontractors in connection with this Agreement is believed to have been compromised, 
Contractor or its subcontractors must immediately notify the City contact. Contractor agrees 
to reimburse the City for any costs incurred by the City to investigate potential breaches of this 
data and, where applicable, the cost of notifying individuals who may be impacted by the 
breach. Contractor agrees that the requirements of this Section must be incorporated into all 
subcontracts entered into by Contractor. 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 Contractor or its subcontractors under this Section must survive the termination of this 
Agreement. 
 
5.28 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. 
 
5.29 Survival. All warranties, representations, and indemnifications by the Contractor must 
survive the completion or termination of this Agreement. 
 
5.30 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.  
 
5.31 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. 
 
5.32 Integration. This Agreement contains the full agreement of the Parties. Any prior or 
contemporaneous written or oral agreement between the Parties regarding the subject matter 
is merged and superseded. 
 
5.33 Time is of the Essence. Time of each of the terms, covenants, and conditions of this 
Agreement is hereby expressly made of the essence. 
 
5.34 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 the 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. 
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5.35 Delivery.  All prices are F.O.B. Destination and include all delivery and unloading at the 
specified destinations.  The Contractor will retain title and control of all goods until they are 
delivered and accepted by the City.  All risk of transportation and all related charges will be the 
responsibility of the Contractor.  All claims for visible or concealed damage will be filed by the 
Contractor.  The City will notify the Contractor promptly of any damaged goods and will assist 
the Contractor in arranging for inspection. 
 
5.36 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights 
or benefits in the Agreement to anyone other than the City and the Contractor, and all duties 
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive 
benefit of City and the Contractor and not for the benefit of any other party. 
 
5.37 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 the Exhibits, the provisions 
in this Agreement prevail. 
 
5.38 Document/Information Release. Documents and materials released to the Contractor, 
which are identified by the City as sensitive and confidential, are the City’s property. The 
document/material must be issued by and returned to the City upon completion of the services 
under this Agreement. Contractor’s secondary distribution, disclosure, copying, or duplication 
in any manner is prohibited without the 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.  
 
5.39 Exhibits. The following exhibits are made a part of this Agreement and are incorporated 
by reference: 
 
  
 
 
Exhibit A - Project Description/Scope of Services 
Exhibit B - Compensation and Fees 
Exhibit C - Insurance Requirements 
Exhibit D - Special Conditions  
 
5.40 Special Conditions. As part of the services Contractor provides under this Agreement, 
Contractor 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. 
 
5.41 Cooperative Use of Agreement.  In addition to the City of Chandler and with approval of 
the Contractor, 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 and/or procurement rules and regulations of the 
respective political entity. 
 
If required to provide services on a school district property at least five times during a month, 
the Contractor will submit a full set of fingerprints to the school of each person or employee 
who may provide such service.  The District will conduct a fingerprint check in accordance with 
A.R.S. 41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and their 
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employees for which fingerprints are submitted to the District. Additionally, the Contractor will 
comply with the governing body fingerprinting policies of each individual school district/public 
entity.  The Contractor, sub-contractors, vendors and their employees will not provide services 
on school district properties until authorized by the District. 
 
Orders placed by other agencies and payment thereof will be the sole responsibility of that 
agency.  The City will not be responsible for any disputes arising out of transactions made by 
other agencies who utilize this Agreement. 
 
5.42 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all 
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and 
regulations. 
 
5.43 Licenses and Permits. Beginning with the Effective Date and for the full term of this 
Agreement, Contractor must maintain all applicable City, state, and federal licenses and 
permits required to fully perform Contractor’s services under this Agreement. 
 
5.44  Reserved. 
 
5.45 Emergency Purchases.  City reserves the rights to purchase from other sources those 
items, which are required on an emergency basis and cannot be supplied immediately by the 
Contractor. 
 
5.46 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of 
Chandler. The City reserves the right to obtain like goods or services from another source when 
necessary. 
 
5.47 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 expenditure.  The City does not 
represent that this budget item will be actually adopted. This determination is solely made by the 
City Council at the time Council adopts the budget. 
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This Agreement shall be in full force and effect only when it has been approved and executed 
by the duly authorized City officials. 
FOR THE CITY 
FOR THE CONTRACTOR 
By: _________________________________________ 
By: _________________________________________ 
Its:                              Mayor 
Its: _________________________________________ 
APPROVED AS TO FORM: 
By: _________________________________________ 
City Attorney 
ATTEST: 
By: _________________________________________ 
City Clerk 
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CEO and President

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EXHIBIT A  
SCOPE OF SERVICES 
 
GENERAL PLAN UPDATE SCOPE OF SERVICES   
 
The General Plan Update (GPU) will be completed in 20 months in a collaborative fashion as 
outlined in the following four phases below. The GPU will start at the same time as the 
Comprehensive Housing Plan (CHP) and run concurrently until approval of the CHP in June 2025. 
The CHP will be referenced in the GPU in the overview and will inform the applicable sections, 
goals, and policies. The GPU is projected to be approved by City Council (CC) in February 2026 with 
final documentation and native files provided to city staff (CS) in April 2026, allowing ample time 
for the city to meet statutory timelines related to voter ratification.  
 
PHASE 1- PROJECT START-UP   
This phase will span the entire process, beginning with preliminary administrative tasks and 
adoption of the Public Participation Plan (P3) within the first three months of the process. Monthly 
in-person coordination meetings are anticipated to be held as needed until the end of the process. 
The Community Advisory Committee (CAC) kickoff meeting is described in this Phase but will not 
occur until after the CC kickoff meeting and their selection of the CAC.  
1.1 Facilitate Preliminary Administrative Tasks 
Preliminary administrative tasks include the collection and review of plans and data as well as 
CS kickoff meeting, which will refine and set the process up for success. At the end of the first 
three months, the consultant team (CT) will provide CS with an Existing Conditions Report 
which will be designed in accordance with topics pertinent to the GPU.  
1.1a.  Review the General Plan and background materials.  
 
During this early timeframe, the CT will hold collaborative discussions with CS to 
determine both the strengths and weaknesses of the plan and what is and what is not 
working in its administration. The teams will discuss the initial plan outline and initial 
plan audit spreadsheet as a precursor to this effort in partnership with the Technical 
Advisory Committee (TAC) later in the process. Other important city policy documents 
will be reviewed at this time too such as the City Council’s strategic plan.  
1.1b.  Hold CS kickoff meeting.  
Within 30 calendar days of contract award, a hybrid kickoff meeting will be held for 
approximately two hours. The primary purpose of this meeting will be to introduce the 
CT to assigned CS, review communication protocols, and review/refine the project 
schedules, obtain advice, and ideas about the direction and horizon of the GPU as well 
as the concurrent CPH. Additionally, CT and CS will collaboratively discuss initial goals 
and opportunities along data needs and acquisition, website development, and identify 
key inclusions in the public participation plan including the makeup and frequency of 
meetings with the advisory committees and other community outreach meetings.   
1.1c.  Gather GIS data and technical information.  
The CT’s GIS and technical staff will partner with the city’s GIS staff to ensure delivery of 
the necessary GIS data and technical information for both the GPU and CHP. The CT 
will set up separate monthly technical coordination meetings to be held as needed with 
technical professionals to be helpful. Later in the process, the CT will provide a draft list 
of projected GIS maps for including into both plans and will coordinate with CS technical 
team on provision of GIS shapefiles and ArcGIS StoryMaps.  
1.2 Draft the Public Participation Plan (P3) 
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This task will establish the GPU’s community engagement approach and scope. Based on CS 
collaboration and feedback, the CT will prepare an extensive and inclusive outreach program. 
A standalone Public Participation Plan (P3) adopted by CC will be drafted to meet state statutes, 
serve as an updateable, living document throughout the process, outlining an overall schedule 
of events, notification techniques, strategies, and tools for gathering input, and both in-person 
and digital event format and venues. The CT’s engagement approach is designed to keep 
community members informed throughout the planning process, gather feedback at critical 
points, and create local champions or ambassadors. A participation tracking system will 
ensure we hear from a broad representative demographic, including residents, business 
owners, employees, elected and appointed officials, visitors to the area, community groups 
and non-profits, and other invested partners.  The P3 will include strategies and techniques to 
engage under-represented communities, such as youth, minority, low-income, and non-
English speaking groups. The following list highlights several important components of the P3, 
and anticipated events and techniques are further articulated in Phase 2 Visioning and 
Gathering Input section of this scope.  
 
Branding Suite. The CT will collaborate with the Communication and Public Affairs (CAPA) 
Department and CS to create a unifying brand for the GPU. The intent is to build a unique 
and recognizable look with consistent messaging for the planning process and documents 
and meeting the city’s branding standards. This branding suite will include templates for 
documents, maps, and printed materials as well as wearable items and swag that the city 
can purchase to match the established and approved brand created.  
 
In-Person Engagement. The CT will articulate a suggested series of in-person engagement 
events such as drop-in events, public workshops, TEDTalk events, educational public 
meetings with city boards, and immersion showcase events. The P3 will evolve these 
suggestions as discussed and refined with CS and CC.  
 
Online Engagement. The P3 will articulate online activities such as a project website, 
questionnaires, visual preference activities, and interactive community mapping to engage 
those unable to attend the meetings.  These engagement opportunities will be marketed 
through material that the CT creates, and CS distributes to social media outlets, newsletter 
publications, and other methods.  
 
Participation Tracking Suite. The CT will develop a participation tracking tool that can 
quantify engagement based on certain characteristics. The CT will use this system to track 
participation from in-person events as well as online engagement to identify where we may 
need to pivot our approach to better engage underrepresented community members. The 
CT anticipates tracking the following characteristics of participants:  
• 
Geographic location: city resident, adjacent city, or county resident  
• 
Relationship to the city: business owner, resident, employee, and/or visitor  
• 
Demographics: age, race/ethnicity, and income level  
• 
Homeowner or renter  
• 
Full-time or second-home occupancy  
 
Under-Represented Engagement. The CT will host and facilitate select events in Spanish, 
with Spanish interpretation available by the CT or city. All engagement notification 
materials will be translated by CT or city and distributed in both English and Spanish. In 
addition, working with government and public policy classes, youth groups, student 
governments, and children in after school programs, and recreation and summer camps 
will reach voices typically left behind in planning processes.   
 
In the CT’s experience, many community members find it hard to participate in in-person 
events due to the lack of childcare.  While youth of all ages are welcome at any of the 
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events, with catered activities and exercises for multiple ages, the CT can also work with 
local organizations to provide free childcare for participants at community events if 
deemed necessary during the process.   
Key to under-represented engagement is to identify community champions or 
ambassadors which are liaisons or co- creators that would be willing to assist in the 
process, reaching out to their networks and serving as a familiar introduction between the 
planning team and community groups. The CT team will look to find these liaisons or co-
creators throughout the process and can promote a Community Catalyst Program on the 
project website.  
1.3 Hold Community Advisory Committee Kickoff Meeting 
With CC direction and selection, the CAC will be established. After the CS and CC kickoff 
meetings, we will host an in- person CAC kickoff meeting to educate members on the overall 
process and purpose for the GPU and to obtain feedback on the P3.  
1.4 Prepare Monthly Coordination Meetings and Progress Reports 
For effective and regular communication, the CT will set up recurring monthly coordination 
meetings with CS. These meetings can be moved or canceled as needed and will provide a 
setting to gain feedback on the previous month’s work and any in-progress deliverables as well 
as discuss upcoming events. Communication via email, phone, and text will also occur with the 
city’s project manager throughout the month. The CT will provide monthly status updates in 
the form of written progress reports to articulate the percentage complete for each phase and 
task within the scope of services.  
 
Phase 1 Deliverables and Meetings  
 
CS kickoff meeting (in-person)  
 
Existing Conditions Report (electronic)  
 
Public Participation Plan (P3) (electronic)  
 
CAC kickoff meeting (in-person)  
 
Monthly coordination meetings (in-person up to 20)  
 
Monthly progress reports (electronic up to 20)  
 
PHASE 2 - VISIONING AND GATHERING INPUT  
This phase will span nearly half the planning process and overlap with Phase 3 Drafting of the 
Plan. This concurrency ensures that community input and GPU is in concert and iterative, with 
many meaningful touchpoints 
2.1 Present at City Council Kickoff Meeting 
Early CC involvement and direction is critical for the success of the GPU. The CT team will assist 
CS in the initial kickoff meeting for CC early in the project. At this meeting, we will review the 
project schedule and strategy for community engagement and ask for input and adoption of 
the P3. It is anticipated that the CHP will also be discussed at this meeting. Though public 
engagement will not start in earnest until January 2025, we anticipate having and promoting 
the project-branded website and Q1 at this time.  
2.2 Draft Vision Statement and Public Participation Summary 
This document provided at the end of this phase will be a visually appealing, graphically rich, 
public-facing summary of all community engagement activities. We anticipate publishing it on 
the website and utilizing it as an appendix to the GPU doc. 
2.3 Prepare Outreach Materials 
Using the branding suite developed as part of the P3, the CT will create content to increase 
project awareness and encourage engagement. This may include postcards, flyers, 
newsletters, videos, radio, press releases, etc., to inform people about upcoming in-person 
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and online public involvement opportunities. The CT will coordinate with CS and CAPA to 
distribute these across the local media outlets and platforms and will coordinate with the other 
concurrent planning efforts in as much as feasible.  
2.3a.  Launch website.   
Using the PublicInput platform, the CT can create, host, and regularly update a 
dedicated, branded website where interested parties can obtain information, 
download documents, see future meeting dates and schedules, and sign up to get 
project updates. Additional information can be added to the website on a rolling basis 
throughout the project, such as draft documents as they are completed, embedded 
questionnaires, interactive mapping and document reviews, information about 
upcoming meetings, and meeting summaries.  Content on the website can be viewed 
in a multitude of languages at the click of a button. Prior to launching the website and 
within the P3, the CT will work with CS and CAPA to capture a unifying brand for the 
GPU.  
2.3b.  Prepare and release Questionnaire 1.  
An initial online questionnaire will be launched to gain feedback and perspectives from 
the community on perceived strengths, weaknesses, opportunities, and threats (SWOT) 
associated with city growth and development. Q1 will be promoted via social media as 
well as at the CC kickoff meeting and will help inform speaker topics for the TEDTalk 
Panel Event.   
2.3c.  Prepare and release Questionnaire 2.  
Building on existing conditions and document review, early community responses from 
Q1, and interviews/listening sessions, the CT will create a second questionnaire to 
confirm what has been heard and to suggest a variety of aspirational principles and 
visual options that the community can comment on as precursor and concurrent with 
in-person visioning workshops.   
2.3d.  Prepare and release Questionnaire 3.  
The results of the first visioning workshop and Q2 will help to inform Q3, which will be 
designed to align with activities and materials at the scenario workshops.  
2.4 Prepare Informational Brochure 
The CT will prepare a full color, informational brochure with frequently asked questions (FAQs) 
about the GPU and post to the project website. CS could distribute electronically and hard copy 
at public meetings and strategic locations throughout the city. 
2.5 Facilitate Public Meetings 
In addition to listed meetings, the CT will host informational booths at up to six drop-in events, 
such as but not limited to city and school events at local destinations to engage visitors, 
businesses, employees, and local community members in a casual and comfortable 
environment. The CT will work with CS early in the process to determine appropriate events 
or venues to attend within the timeframe of this phase such as the Chandler Ostrich Festival, 
Jazz Festival, or the All-American Bash.  
2.5a.  Prepare for and facilitate a TEDTalk Panel.  
After the CC and CAC kickoff meetings and preliminary results of Q1, the CT will launch 
community engagement and discuss important topics facing the community via a 
TEDTalk-type event. This event would include panel members that are experts in critical 
areas such as water, housing, and economic growth and development. Hosting the 
event provides the following benefits to the process:  
1)  Improved engagement, clarity, and inclusivity while inspiring and mobilizing the 
community to support and actively participate in the Plan’s implementation.  
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2)  Incorporation of multimedia, visuals, and varying levels of expertise in urban 
planning and city development.  Storytelling techniques can make it easier to convey 
complex information and present data in a more accessible manner and create an 
engaging experience for the audience.  
3)  Increased buy-in by presenting the GPU in an engaging and inspirational manner. 
In addition to Elliot D. Pollack & Company with their expertise in housing and 
economic growth presentations, we have included Grady Gammage Jr., Arizona’s 
premier water and land use attorney, who provides compelling and entertaining 
presentations and discussion on water and land use. It is anticipated that this event 
will take place at the Chandler Center for the Arts on a weekend night and can be 
live-streamed to garner a larger audience.   
2.5b.  Conduct public workshops.   
Two in-person workshops are anticipated to take place on two different days and times. 
The first workshop will focus on visioning and refining areas of change within the city.  
The second workshop will reconfirm feedback and focus on choices and priorities for 
scenarios. These workshops will be interactive with live polling, digital mapping, and 
other interactive exercises. Each workshop will be designed with an orientation and 
overview presentation, along with small group discussion and exercises.   
2.5c.  Conduct listening sessions and one-on-one interviews.   
Starting in early 2025, a three- to four-day series of up to 40 listening sessions/one-on-
one interviews will be scheduled to discuss issues most important to the community; 
opportunities and ideas to integrate into the new plan; and desired plan outcomes.  The 
CT will set up an electronic sign-up process and community members, local and 
regional partners, interest groups, Planning and Zoning Commission (P&Z), and CC will 
be invited to participate in these discussions.   
2.5d.  Facilitate presentations to city boards.   
The CT will assist CS in publicly noticing and conducting up to seven educational 
meetings with the Transportation Commission, Parks and Recreation Board, 
Neighborhood Advisory Committee, Economic Development Advisory Board, Airport 
Commission, and P&Z. These meetings will provide each board with a briefing on the 
process and a summary of community engagement and feedback. These meetings also 
allow the opportunity to promote the GPU to any attending members of the public.  
2.5e.  Conduct Community Advisory Committee (CAC) meetings.  
During this phase of the plan process, the CAC will participate at three strategic 
milestones, offering valuable insight and direction plan content to ensure a community-
driven plan.  The first two meetings will be held prior to and to discuss public 
workshops; the third meeting will be held to refine goals and policies prior to publishing 
the first draft of the GPU.  
2.5f  
Prepare for and Host an Immersion Showcase Event 
The CT will develop a digitally immersive showcase event to explore and discuss the 
transformation of a concept or several concepts based on input received during the 
community workshops, listening sessions/one-on-one interviews, and questionnaires. 
Traditionally, public engagement has relied on printed methods and static 
presentations. The Mobile Immersion Lab, however, offers the public an opportunity to 
view proposed concepts in a virtual environment, facilitating better comprehension 
and collaboration. We anticipate this event to occur at the Chandler ASU Innovation 
Center, and the CT will provide curved monitor displays for participants to view and 
give input on the fly.   
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2.6 Prepare and Provide Meeting Minutes 
The CT will produce summaries for meetings not formally transcribed by the city  and 
including coordination meetings, workshops, listening sessions/one-on-one interviews, and 
other public events. The CT will submit the meeting summaries for review by CS.   
2.7 Provide Meeting Summary Presentations 
The CT will provide meeting summaries for public meeting workshops and questionnaires and 
publish these on the project webpage. Summaries will also be presented to CS, CAC, and at 
appropriate city boards and CC meeting(s).  
 
Phase 2 Deliverables and Meetings  
 
CC Kickoff Meeting (in-person)  
 
Project website launch  
 
Questionnaire 1 (electronic)  
 
Informational brochure with FAQs (electronic)  
 
TEDTalk Panel Event (in-person)  
 
CAC Meeting 2 (in-person)  
 
Questionnaire 2 (electronic)  
 
Visioning Workshops 1 (in-person, two days)  
 
CAC Meeting 3 (in-person, two days)  
 
Scenarios Workshops 2 (in-person, two days)  
 
Questionnaire 3 (electronic)  
 
CAC Meeting 4 (in-person)  
 
Listening sessions/one-on-one interviews (up to 40 in-person interviews over four days)  
 
City Board Meetings (up to seven in-person meetings)  
 
Vision Statement and Public Participation Summary (electronic)  
 
Immersion Showcase Event (in-person)   
 
PHASE 3 - DEVELOPMENT OF DRAFT GENERAL PLAN  
The phase will span nine months, commencing with a plan outline and ending with the 60-Day 
Draft GPU in September 2025.  
3.1 Provide General Plan Outline 
For this task, the CT will provide CS with a draft outline of the GPU. Our understanding is that 
the city wishes to have both a digital living plan as well as a printable document. Therefore, 
there are options that the CT will discuss with CS at the kickoff meeting regarding the best 
route to accomplish these goals. Digital plans can have printable components or a separate 
plan outline can be drafted for a full electronic printout.  
3.2 Outline GIS Maps 
For this task, the CT will provide CS with an anticipated list of GIS maps for the GPU. To the 
extent practical, the CT will utilize existing data sources; however, there will likely be some 
collection of raw data or confirming data via windshield surveys. Strategies to obtain and 
produce the best quality and visually appealing maps will be discussed at regular GIS 
coordination meetings.  
3.3 Hold Technical Advisory Committee (TAC) Meetings   
The TAC will consist of city department representatives and will provide technical advice and 
review throughout this phase. Three meetings are anticipated: 1) kickoff/orientation, plan 
outline, and plan/code audit instructions; 2) plan/ code audit results, review of working drafts, 
and discussion implementation actions; and 3) review of the first draft and implementation 
actions.  
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3.4 Facilitate Plan Production, Refinement, and Presentations  
Drafting of the GPU will run concurrently with public engagement. As the GPU is drafted, 
concurrent public input received can be reflected in the text and revised or confirmed 
essentially in real time or in short order. The plan/code audit and workshops will inform 
working drafts to be reviewed by CS, TAC, and CAC.   
3.4a 
Conduct plan and code audits and crosswalk analysis.  
An electronic plan audit will be conducted of the city’s 2016 General Plan, vision, core 
values, goals, and policies to identify the direction which should be carried forward in 
the GPU. The plan audit will be designed for input from CS, TAC, and P&Z.  As part of 
the audit exercise, the CT will identify redundancies and best practices for 
consideration. This task will include a crosswalk analysis of the current plans’ future 
land use categories and the city’s current zoning districts to understand what has been 
implemented, and where there are inconsistencies or issues in planned uses. The 
zoning ordinance will also be preliminarily evaluated for consistency with anticipated 
changes. Changes to any codes or regulations are not planned as part of this scope but 
could be highlighted as future action items.  
3.4b 
Draft working documents by chapter.  
The GPU will include the 17 elements required by Arizona Revised Statutes Title 9 but 
their organization will be determined by the plan outline approved by CS. Generally 
speaking, the Plan will include an overview chapter, a chapter on community 
engagement, several chapters on goals and policies, a chapter on implementation and 
several appendices. The CT will take direction from CS but offer examples and 
suggestions. The Plan will be visually appealing and graphically rich.  Regardless of 
structure, the CT will stagger working draft chapters to CS for review and comment 
prior to compilation into a first full draft. It can be expected that these early working 
drafts will be loosely formatted and contain questions for CS and TAC members.  
3.4c 
Produce the first draft of the General Plan.  
After the CT receives comments back on working drafts from CS, TAC, and CAC, the CT 
will create an edited and formatted first draft for a second review by each group. The 
results of this draft will be taken to CC and to the other city boards for review and input.  
3.4d 
Refine the draft into the 60-Day Draft General Plan.  
The 60-Day Draft is a statutory requirement with a mandated distribution list. It is 
during this time that plan drafting ceases and the public at large has a chance to review 
the plan. The CT will create the 60-Day Draft and update the 60-day list to include all 
community members engaged through the process. CS will distribute the plan from city 
email. The 60-Day Draft will be published on the website and Konveio software will be 
utilized for interactive document review of the Plan.  
3.4e 
Present the plan to City Council.  
As part of promoting the 60-day review to the public, the CT will assist CS in presenting 
an update to CC for their review and comment.  
3.4f 
Present the plan to city boards.  
As part of promoting the 60-day public review, the CT will assist CS in presenting an 
update to the city boards including the Transportation Commission, the Parks and 
Recreation Board, the Neighborhood Advisory Committee, the Economic Development 
Advisor Board, the Airport Commission, and P&Z for review and comment.  
3.5 Provide Economic Growth Analysis and Goals 
The CT includes Elliot D. Pollack & Company to lead the Comprehensive Housing Plan.  Logan 
Simpson as the lead consultant will work collaboratively again with this subconsultant and CS 
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to ensure comprehensive analysis and interrelatedness and goal development of the land use, 
economic growth, housing, and cost of development elements.   
 
Phase 3 Deliverables and Meetings  
 
Draft Plan outline (electronic)  
 
Draft Maps list (electronic)  
 
TAC Kickoff Meeting (in-person)  
 
Plan Audit Summary (electronic)  
 
TAC Meeting 2 (in-person)  
 
CC Meeting 2 (in-person)  
 
TAC Meeting 3 (in-person)  
 
Working Drafts by Element (electronic)  
 
CC Meeting 3 (in-person)  
 
City Board Meetings (up to seven in-person meetings)  
 
First Draft General Plan (electronic)  
 
60-day Draft General Plan (electronic)  
 
PHASE 4 - PRESENTATION OF FINAL DRAFT FOR ADOPTION  
4.1 Prepare and Provide Final Hearing Documents 
After the 60-day public review period, the CT will prepare the final document in an interactive 
ArcGIS StoryMap and a PDF acceptable for professional printing. The CT will provide a 
comment matrix identifying submitted comments and how each was addressed. The CT will 
be responsible for posting the final hearing document on the project webpage and will host 
the StoryMap on the project website unless the city opts to host the project website. 
4.2 Prepare and Provide Executive Summary 
The CT will prepare an executive summary of the GPU in a professional and visually appealing 
pamphlet format that includes highlights, key goals and policies, and the future land use map 
for CS review. The CT will then produce a final draft in an electronic format acceptable for 
professional printing. The city will be responsible for printing copies for distribution to the 
public. The CT understands that the executive summary is expected to be presented together 
with the GPU for review and approval.   
4.3 Prepare and Provide Final General Plan 
Statutorily, the city must hold at least two P&Z hearings at different locations and one hearing 
for approval by CC. The CT will be available to attend all hearings and will assist in preparing 
and presenting with CS.  
4.4 Provide Final Transmittal 
After CC approval, the CT will provide a final post hearing document and all native files utilized 
in the process of the GPU.   
 
Phase 4 Deliverables and Meetings  
 
Final hearing draft (electronic and paper)  
 
Executive Summary (electronic)  
 
P&Z Hearing 1 and 2 (in-person)  
 
CC Hearing 1 (in-person)  
 
Final post-hearing document and all native files (electronic)  
 
COMPREHENSIVE HOUSING PLAN SCOPE OF SERVICES  
The CHP will be completed in 10 months in a systematic and collaborative fashion as outlined in 
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the following nine tasks below. The CHP will start with the General Plan Update (GPU) and run 
concurrently until approval of the CHP in June 2025.  The approved CHP will be a standalone 
document but will be directly referenced in the GPU and inform related elements.  The horizon of 
the CHP will be 10 to 15 years and will be designed to serve as the city’s specific roadmap guiding 
policy decisions, resource allocation, and development practices related to housing in Chandler.   
 
TASK 1 - PROJECT OVERVIEW  
This phase will run throughout the development of the CHP until the CC Meeting in June 2025 and 
include a CS kickoff meeting and monthly coordination meetings.   
 
1.1 Develop the Comprehensive Housing Plan (CHP) 
The CT will provide a CHP that builds on the city’s existing housing studies, meets Arizona 
statutory requirements, and comprehensively addresses housing needs for the entire 
community. It is envisioned that early in the course of this task a CHP draft outline as well as 
midway through the process a working draft chapters/sections will be provided to CS for 
review and comment. The key issues to be addressed in the CHP include but are not limited to 
the following:   
 
Ensure a diverse housing stock that meets the needs of all residents, from young 
professionals to growing families and seniors.  
 
Address the affordability gap for low to moderate income households.  
 
Balance new development with neighborhood preservation and community character.  
 
Align housing strategies with economic development goals and workforce needs.  
 
Incorporate sustainability and resilience in housing development.  
 
Ensure equitable access to housing opportunities across all segments of the population.  
1.2 Conduct CS Kickoff and Monthly Coordination Meetings 
Within 30 calendar days of the award, an in-person/hybrid project kickoff meeting will be held 
for approximately two hours.  The primary purpose of this meeting will be to introduce the CT 
to the assigned CS, review communication protocols, and to review/refine the project 
schedules, obtain advice, and ideas about the direction and horizon of the CHP as well as the 
concurrent GPU. This meeting will be held at the same time as the GPU, but the CT understands 
that ultimately the CPH and GPU CS may be different and accordingly recurring monthly 
coordination meetings will likely be held separately.   
 
Task 1 Deliverables and Meetings  
 
CS kickoff Meeting (in-person)  
 
CS Coordination meetings (up to nine virtual)  
 
Draft CHP outline addressing housing needs assessment, policy and regulations review, 
strategic development, and financial analysis (electronic)  
 
Working draft chapters/sections for housing needs assessment, policy and regulations review, 
strategic development, and financial analysis (electronic)  
 
TASK 2 - DATA COLLECTION AND ANALYSIS  
During this task, the CT will evaluate the Chandler housing market and regional economy and 
make a determination of the factors affecting housing values and rents and housing needs across 
all housing types including affordable, workforce, and market rate housing. A variety of data 
sources will be accessed for this task including public resources, such as the U.S. Census, and 
proprietary subscriptions held by the firm such as the Cromford Report, Costar, RL Brown Housing 
Reports, RealData, and the University of Arizona Forecasting Project. The outcome of this data 
collection and analysis will be succinctly summarized in an Existing Conditions Report and used as 
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a basis for presentations to CC, the Neighborhood Advisory Committee, and the public as well as 
a springboard to create interview and survey questions.  
 
2.1 Collect and Analyze Demographic, Economic, and Housing Market Data 
Within the first three months of the project, the CT will collect and analyze demographic, 
economic, and housing market data. The most recent demographic data for the city will be 
collected and evaluated in terms of household income, family and household size, age, tenure 
(renter and owner), and education levels. The various income levels of households relative to 
the Area Median Income will be identified including extremely low, low, and moderate-income 
as well as those with incomes above 80% of AMI. Housing is an important economic 
development element that must be addressed to ensure a healthy economy. The analysis will 
evaluate the economic status of Chandler through available economic data that includes 
occupations, wage levels, employment and unemployment trends, commuting patterns, and 
forecasts for employment growth. In particular, commuting patterns may provide some insight 
into the availability of affordable housing in the city. Employee retention and attraction rates 
can be impacted by workers who must travel long distances to work due to the lack of 
affordable units.   
2.2 Collect and Analyze Current Housing Stock, Affordability, and Future Needs 
The CT will also collect and analyze current housing stock, affordability, and future needs 
within the city of Chandler for both existing and future residents. The city’s recent updated 
Housing Needs Assessment (2024) will be a valuable resource for this part of the study. The 
analysis will evaluate the Chandler housing stock of multi-family units and single-family homes 
from the standpoint of vacancy rates, values and rents, age, and similar data. Historical trends 
in the housing stock over the past five years will be identified and evaluated including housing 
permit activity as available. Census data is typically not an accurate indicator of housing values 
and rents. For an understanding of real time values and rents, housing data will be collected 
from The Cromford Report (resale market data), RL Brown Housing Reports (newly built 
housing), RealData (apartment market), and Costar. Within this task, an inventory will be 
conducted of federal, state, or city-supported affordable housing projects or units in the city, 
particularly LIHTC assisted units. Our analysis will focus on both the rental and ownership 
housing market. The evaluation of the rental market will focus on the character of the rental 
inventory and the cost burden shouldered by renters. Similarly, the analysis of the owner-
occupied market will focus on housing value trends over the past few years, affordability for 
first time buyers, and cost burden.   
2.3 Identify Gaps in Housing Availability Across Income Levels 
The CT will prepare a gap analysis as part of this task. The “gap” is the number of households 
within each income range that are burdened by housing costs (paying more than 30% of 
income for housing). The “gap” typically occurs at the lower end of the income range where 
there are more households than affordable units. For these households to find housing in a 
community, they must pay more than 30% of their income toward shelter or live in 
substandard and/or overcrowded conditions. The analysis will be conducted for both 
ownership and rental housing, comparing the number of units affordable to each income 
range. The analysis will result in determining existing housing needs across all income levels. 
Estimates will be developed for ownership and rental housing in the community, specifically 
addressing:  
 
Affordable housing for low and moderate-income households [incomes less than 80% of 
area median income (AMI)].  
 
Workforce housing for those households with incomes between 80% and 120% of AMI.  
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 
Market rate housing that will be available for households earning more than 120% of AMI.  
 
Task 2 Deliverables and Meetings  
 
Existing Conditions Report (electronic)  
 
TASK 3 - COMMUNITY ENGAGEMENT 
The CT will make use of any existing and current city survey information on housing but will also 
conduct project specific engagement to determine the current needs and aspirations of 
community members.  As part of the concurrent GPU process, a website is planned which will host 
a page dedicated to the CPH.  
 
3.1 Conduct Stakeholder Interviews 
One-on-one interviews with local government and business leaders, developers and 
homebuilders, and housing organizations to assess the housing market and the factors 
affecting affordability.  These interviews will be conducted virtually through Microsoft Teams 
or Zoom meetings and can be one on one or group interviews. The CT will collaborate with CS 
to create an appropriate list of interviewees. 
3.2 Hold Public Workshops and Release Online Questionnaires 
The CT will be present at two public meetings, CC and Neighborhood Advisory Committee and 
will also hold and advertise a separate public workshop.  Prior to the stakeholder interviews 
and public meetings, the CT envisions creating and distributing a questionnaire (this will be a 
component of the Q1 for the GPU) confirming information obtained on housing needs in the 
city. This questionnaire aims to gain community input on the overall housing needs with 
Chandler and will be promoted at interviews and public meetings.  The questionnaire directed 
to both resident and employers will also delve into affordable housing issues and address 
topics such as where workers live, the retention and availability of workers, commute times, 
availability of rental units, household income, length of employment in the community, 
seasonality of employment, and similar topics.  The questionnaire will be hosted online and 
will be promoted via social media and other venues agreed upon by the CT and CS.  With the 
assistance of the city and other business organizations, employers would be contacted to 
request their assistance in participating.  The CT will create any promotional material and 
either post it on the dedicated website or collaborate with CAPA for distribution.  
3.3 Draft Public Engagement Plan 
An important element of identifying housing demand and need is interaction with the 
community. Early in the process and in collaboration with CS, a public engagement plan (PEP) 
will be developed. The PEP will be drafted concurrently with the GPU public participation plan 
but is envisioned to be a separate standalone document. The PEP will be drafted by the CT and 
presentations to CC and the Neighborhood Advisory Committee will be held to gain input and 
acceptance for the engagement strategy. During these public meetings, both bodies will be 
asked to provide direction on the forthcoming engagement strategy (i.e., interviews and public 
workshop).  
 
Task 3 Deliverables and Meetings  
 
Public Participation Plan - PEP (electronic)  
 
Questionnaire (electronic)  
 
Initial CC Presentation (in-person)  
 
Stakeholder interviews (virtual)  
 
Initial Neighborhood Advisory Committee Presentation (in-person)  
 
Public Workshop (in-person)  
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TASK 4 - HOUSING NEEDS ASSESSMENT  
4.1 – 4.3.  Produce Housing Demand Projects, Access Special Needs Housing and Evaluate 
Regional Trends 
A housing needs assessment will be a component of the CHP. Regional growth trends 
for metro Phoenix and the Southeast Valley will have a significant impact on the 
Chandler housing market. As the city’s inventory of land available residential 
development continues to be depleted, housing prices have risen, and the market has 
begun the transition to infill and higher density products. This situation will continue in 
the future and may affect the types of new housing products that will be introduced to 
the community. Based on forecasted population growth, an estimate will be developed 
on future demand for housing and the need for a mix of unit types to address the 
housing cost burden and other factors affecting affordability. The updated Housing 
Needs Assessment will provide guidance on this task. Special housing needs for the 
senior and disable populations will be evaluated relative to the supply of housing.   
 
TASK 5 - POLICY AND REGULATORY REVIEW  
5.1 Examine Current Regulations and Policies 
An evaluation of Chandler’s land use controls, impact fees, and development review 
procedures will be conducted to identify any restrictions or barriers that may affect the 
development of affordable housing. The existing General Plan will be reviewed for policies and 
strategies that affect housing production matters along with a review of the city’s density 
standards for multi-family and affordable housing.   
5.2 Identify Housing Development and Affordability Barriers 
Barriers to housing production can take various forms. A city’s land use controls, impact fees, 
and building standards can inhibit various types of housing. Likewise, high construction costs 
due to the lack of labor and other housing resources have also contributed to declining 
affordability.   
5.3 Craft Policy Recommendations 
Land and lot prices, the rising cost of construction including labor, land availability, and similar 
factors all affect the ability to produce affordable units as well. The result of this task is to 
identify barriers to housing development and policy changes that will support the city’s 
housing goals.   
 
TASK 6 - STRATEGY DEVELOPMENT  
6.1 Development Strategy Approach 
With rising mortgage interest rates and construction costs, housing affordability has become 
a significant burden across the state for renters, home buyers, and homeowners. The purpose 
of this task is to prepare a comprehensive strategy to address Chandler’s individual housing 
needs through innovative approaches.  
Through various studies, the CT has analyzed how affordable housing-constrained 
communities approach their housing affordability problem and what lessons can be 
transferred to other communities. Many of the communities that were the subject of our 
investigations are in tourist-dominated economies where housing for workers is in severe 
shortage, such as in ski towns in Colorado and in certain communities in Arizona. By identifying 
the primary strategies employed by those communities, a “tool kit” of affordable housing 
concepts and approaches has been developed including the cost of those strategies. The tool 
kit will help to inform the strategies and initiatives that may be adopted as part of the Chandler 
Affordable Housing Strategy.  
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Arizona has statutory limitations on the type and range of strategies that can be implemented 
for affordable housing.  However, communities across the country and within Arizona have 
instituted affordable housing strategies that have improved the range of housing available to 
their residents. These and other strategies will be identified in this task.  The Affordable 
Housing Strategy for Chandler will identify initiatives and strategies that may prove most 
fruitful for the community, taking into account the cost of the strategies, policy determinations 
of the city administration, and the local resources available to implement the strategies.   
Through this task, the project team will evaluate the various initiatives and strategies outlined 
in the RFP including:  
6.2. – 8. Address Affordable Housing Strategies, Workforce Housing Initiatives, Market-Rate 
Development Strategies, Preservation and Neighborhood Stabilization, Innovative 
Housing Solutions, Sustainability and Resilience, and Special Needs Housing 
In addition to the above strategies and initiatives, the Affordable Housing Strategy for 
Chandler will need to address legislation recently approved by the State Legislature and 
Governor related to affordable housing.  
HB 2721 requires cities with more than 75,000 persons to permit the development of 
duplexes, triplexes, fourplexes, and townhomes in single family residential areas within 
one mile of a central business district. Additionally, 20% of new single family housing 
developments of ten acres or more may include these middle housing types. Cities must 
adopt new zoning code provisions to implement the law by January 1, 2026.   
SB 1611 requires cities with more than 30,000 persons to adopt a housing needs 
assessment beginning January 1, 2025, that includes certain reporting requirements on 
projected job and population growth, the amount of residentially zoned land, and total 
need for housing units. In addition, an annual report must be submitted to the 
Department of Housing on proposed housing units, housing units platted, issued a 
permit, and received a certificate of occupancy. The report must also include the progress 
in meeting a city’s housing needs.   
6.9 Draft the Implementation Framework 
Based on the range of identified strategies and initiatives considered for the city, an 
implementation framework/matrix will be developed that prioritizes the strategies based on 
city housing needs, identifies key implementation partners, provides a timeline for 
implementation, and establishes key performance indicators.   
6.10 Draft Funding and Resource Allocation, Regulatory and Policy Recommendations, and 
Partnerships and Collaboration 
The final strategy will address funding, regulatory and policy recommendations, and 
partnerships.  
 
TASK 7 - FINANCIAL ANALYSIS  
7.1 Identify Funding Sources and Financing Mechanisms 
A key issue in development of the CHP is linking the strategies and initiatives to the limited 
financial resources that may be available at the local, state, and federal levels. A variety of 
approaches will be considered including housing bonds, Government Property Lease Excise 
Tax (GPLET) mechanisms, sales or property tax levies, regulatory approaches (inclusionary 
zoning), and other options that will be researched. As noted previously, Arizona has statutory 
limitations on funding and regulatory approaches that may restrict the ability of a city to 
address affordable housing.   
7.2 Identify Public-Private Partnerships 
Public-private partnerships will be investigated including resources that may be available from 
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non-profit organizations on housing counseling and development.   
7.3 Draft Cost Estimates 
Cost estimates will be developed for the strategies outlined in the CHP, recognizing the 
resources available to the city.  
 
TASK 8 - FINAL REPORT AND PRESENTATION  
8.1 Prepare and Present the First Draft of the CHP 
After comments on the respective working draft chapters/sections, the CT will provide CS with 
a draft CHP report to review and comment. Prior to the final presentation to CC in June 2025, 
the CT will present the first draft report to both the Neighborhood Advisory Committee and 
distribute the draft to stakeholders that were engaged during the process.   
8.2 Prepare and Present the Final Draft of the CHP 
After these presentations, the final draft plan will be prepared with the executive summary 
and presented to CC. 
8.3 Prepare the Final Document and Executive Summary 
After CC approval of the CHP, the CT will provide a final document with executive summary 
and all native files to CS.  
 
Task 8 Deliverables and Meetings  
 
First Draft CHP (electronic)  
 
Final Neighborhood Advisory Committee Presentation (in-person)  
 
Final Draft CHP with Executive Summary (electronic)  
 
Final CC Presentation (in-person)  
 
Final documents and native files (electronic)  
 
TASK 9 - DELIVERABLES 
9.1 Provide Monthly Progress Reports 
Written electronic monthly progress reports will be provided to the city concurrent with 
monthly invoicing.  
9.2 Provide Draft Reports 
An electronic first draft CHP and Final Draft CHP with executive summary will be provided as 
noted in 8.1 and 8.2 above.   
9.3 Provide Final CHP Document  
A final CHP along with an executive summary will be provided as noted in 8.3 above. 
9.4 Provide Presentation Materials 
For all meetings, the CT will provide an agenda, any needed presentation materials, and 
summary notes (with the exception of city board meetings where meeting minutes are 
conducted by the city). It is anticipated that these materials will be electronic but in the case of 
in-person public meetings, paper materials will be provided to the public.  
9.5 Collect GIS Data and Create Maps 
As illustrated on the tentative project schedule, GIS maps and data will be collected and 
provided throughout the process. With provision of the draft CHP outline, the CT will provide 
a list of any anticipated GIS maps. The CT will work seamlessly and collaboratively with the 
city’s GIS team for collection and provision of GIS data and maps.  
 
Task 9 Deliverables and Meetings  
 
Monthly Progress Reports (electronic – up to nine)   
 
All Presentation Materials and Meeting Summary notes (electronic)  
 
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ADDITIONAL SERVICES  
The Consultant may provide other related services upon request from the City. 
 
 
 
 
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EXHIBIT B  
COMPENSATION AND FEES 
 
GENERAL PLAN UPDATE PRICE PROPOSAL  
 
Fees are inclusive of all services described in the Scope of Services. 
 
Description 
Fees 
Phase 1: Project Start-Up  
$44,130 
 
Phase 2: Visioning and Gathering Input 
$177,040 
 
Phase 3: Development of Draft General Plan 
$151,155 
 
Phase 4: Presentation of Final Draft for 
Adoption 
$32,810 
 
Project Total 
$405,135 
 
COMPREHENSIVE HOUSING PLAN PRICE PROPOSAL  
 
Fees are inclusive of all services described in the Scope of Services. 
 
Description 
Fees 
Task 1 – Project Overview  
$4,764 
 
Task 2 – Data Collection and Analysis  
$23,600 
 
Task 3 – Community Engagement  
$12,760 
 
Task 4 – Housing Needs Assessment  
$12,987 
 
Task 5 – Policy and Regulatory Review  
$11,487 
 
Task 6 – Strategy Development  
$10,200 
 
Task 7 – Financial Analysis  
$12,487 
 
Task 8 – Final Report and Presentation  
$14,751 
 
Task 9 – Deliverables  
$6,967 
 
Project Total 
$110,003 
 
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HOURLY RATES 
 
Rates will serve as the basis of fees for services, should the city require services in addition to 
the Scope of Services 
 
Logan Simpson 
Team Member  
Hourly Rate 
Bruce Meighen 
$295 
Megan Moore 
$180 
Terri Hogan 
$190 
Sandra Hoffman 
$180 
Jennifer Gardner 
$175 
Kristina Kachur Webb 
$150 
Emily Bitler 
$155 
McKayla Dunfey 
$135 
Daniel Morgan 
$130 
Ben Oesterling 
$105 
Support Staff 
$125 - 195 
 
Elliot D. Pollock & Associates 
Team Member  
Hourly Rate 
Rick Merritt 
$225 
Danny Court 
$200 
Support Staff 
$125 
 
Kimley-Horn 
Team Member  
Hourly Rate 
Robert Lyons 
$325 
Michael Grandy 
$290 
Chris Joannes 
$215 
Support Staff 
$125 
 
Gammage & Burnham 
Team Member  
Hourly Rate 
Grady Gammage, Jr. 
$750 
 
Upfront 
Team Member  
Hourly Rate 
Jessica Sarkissian 
$190 
Support Staff 
$125 
 
 
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EXHIBIT C  
INSURANCE 
INSURANCE  
 
General. 
 
A. 
At the same time as execution of this Agreement, the Contractor shall furnish the 
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 
shall not be deemed to apply to required Workers’ Compensation coverage.  
 
B. 
The Contractor and any of its subcontractors shall 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. 
 
C. 
The insurance requirements set forth below are minimum requirements for this 
Agreement and in no way limit the indemnity covenants contained in this 
Agreement. 
 
D. 
The City in no way warrants that the minimum insurance limits contained in this 
Agreement are sufficient to protect Contractor from liabilities that might arise out 
of the performance of the Agreement services under this Agreement by Contractor, 
its agents, representatives, employees, subcontractors, and the Contractor is free 
to purchase any additional insurance as may be determined necessary. 
 
E. 
Failure to demand evidence of full compliance with the insurance requirements in 
this Agreement or failure to identify any insurance deficiency will not relieve the 
Contractor 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. 
 
F. 
Use of Subcontractors:  If any work is subcontracted in any way, the Contractor shall 
execute a written contract with Subcontractor containing the same Indemnification 
Clause and Insurance Requirements as the City requires of the Contractor in this 
Agreement. The Contractor is responsible for executing the Agreement with the 
Subcontractor and obtaining Certificates of Insurance and verifying the insurance 
requirements. 
 
Minimum Scope and Limits of Insurance.  The Contractor shall provide coverage with limits of 
liability not less than those stated below. 
 
A. 
Commercial General Liability-Occurrence Form.  Contractor 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 
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to fulfill the requirements of this paragraph, the Excess insurance must be “follow 
form” equal or broader in coverage scope than underlying insurance. 
 
B. 
Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles 
Vehicle Liability:  Contractor must maintain Business/Automobile Liability insurance 
with a limit of $1,000,000 each accident on Contractor owned, hired, and non-
owned vehicles assigned to or used in the performance of the Contractor’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. 
 
 
C. 
Workers Compensation and Employers Liability Insurance:  Contractor must maintain 
Workers Compensation insurance to cover obligations imposed by federal and state 
statutes having jurisdiction of Contractor 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. 
 
D. 
Professional Liability.  If the Agreement is the subject of any professional services or 
work performed by the Contractor, or if the Contractor engages in any professional 
services or work adjunct or residual to performing the work under this Agreement, 
the Contractor must maintain Professional Liability insurance covering errors and 
omissions arising out of the work or services performed by the Contractor, or 
anyone employed by the Contractor, or anyone whose acts, mistakes, errors and 
omissions the Contractor 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 three years 
past completion and acceptance of the work or services, and the Contractor, 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 three year period. 
 
Additional Policy Provisions Required. 
 
A. Self-Insured Retentions or Deductibles.  Any self-insured retentions and deductibles must 
be declared and approved by the City.  If not approved, the City may require that the 
insurer reduce or eliminate any deductible or self-insured retentions with respect to 
the City, its officers, officials, agents, employees, and volunteers. 
 
1.  The Contractor’s insurance must contain broad form contractual liability 
coverage. 
 
2.  The Contractor's insurance coverage must be primary insurance with respect to 
the City, its officers, officials, agents, and employees.  Any insurance or self-
insurance maintained by the City, its officers, officials, agents, and employees 
shall be in excess of the coverage provided by the Contractor and must not 
contribute to it. 
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3.  The Contractor'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. 
 
4.  Coverage provided by the Contractor must not be limited to the liability 
assumed under the indemnification provisions of this Agreement. 
 
5. The policies must contain a severability of interest clause and waiver of 
subrogation against the City, its officers, officials, agents, and employees, for 
losses arising from Work performed by the Contractor for the City. 
 
6.  The Contractor, its successors and or assigns, are required to maintain 
Commercial General Liability insurance as specified in this Agreement for a 
minimum period of three years following completion and acceptance of the 
Work.  The Contractor must submit a Certificate of Insurance evidencing 
Commercial General Liability insurance during this three year period containing 
all the Agreement insurance requirements, including naming the City of 
Chandler, its agents, representatives, officers, directors, officials and employees 
as Additional Insured as required. 
 
7. If a Certificate of Insurance is submitted as verification of coverage, the 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.   
 
B.  
Insurance Cancellation During Term of Contract/Agreement.  
1. If any of the required policies expire during the life of this Contract/Agreement, 
the Contractor must forward renewal or replacement Certificates to the City 
within ten days after the renewal date containing all the required insurance 
provisions. 
2.  Each insurance policy required by the insurance provisions of this 
Contract/Agreement shall provide the required coverage and shall not be 
suspended, voided or canceled except after 30 days prior written notice has 
been given to the City, except when cancellation is for non-payment of premium, 
then ten days prior notice may be given.  Such notice shall 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, the Contractor or its insurance broker shall notify the City of 
any cancellation, suspension, non-renewal of any insurance within seven days 
of receipt of insurers’ notification to that effect.  
 
A. 
City as Additional Insured.  The policies are to contain, or be endorsed to contain, 
the following provisions: 
 
1. The Commercial General Liability and Automobile Liability policies are to 
contain, or be endorsed to contain, the following provisions:  The City, its 
officers, officials, agents, and employees are additional insureds with respect to 
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liability arising out of activities performed by, or on behalf of, the Contractor 
including the City's general supervision of the Contractor; Products and 
Completed operations of the Contractor; and automobiles owned, leased, hired, 
or borrowed by the Contractor. 
 
2.  The City, its officers, officials, agents, and employees must be additional 
insureds to the full limits of liability purchased by the Contractor even if those 
limits of liability are in excess of those required by this Agreement. 
 
 
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EXHIBIT D  
SPECIAL CONDITIONS 
 
NONE 
 
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