LEA Professional Services Contract

City of El Mirage — Regular Meeting (2022-09-08)

Extracted text (via pymupdf) 96450 characters

Contract No. EM22-PWB01
Page 1 of 10

CITY OF EL MIRAGE

PROFESSIONAL SERVICES CONTRACT

THIS PROFESSIONAL SERVICES CONTRACT is made and entered into this 8th day of September
2022, (“Effective Date”) by and between the City of El Mirage, an Arizona municipal corporation
(“City”), and LEA-Architects, L.L.C. (“Consultant”).

RECITALS

A. The City of El Mirage is authorized and empowered by provisions of the City Code to execute
contracts for professional services by and through its City Manager;

B. The City desires to contract for Consultant to provide professional architectural and engineering
services for the design of a new Public Works building (“Services”) as described in the attached
scope of work (Exhibit “A”) in accordance with the terms of this Contract;

C. Consultant is duly qualified to perform the requested Services.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises and obligations set for herein, the
parties hereto agree as follows:

1.1
DESCRIPTION, ACCEPTANCE, DOCUMENTATION

Consultant shall act under the authority and approval of the Procurement Administrator for the
City to provide the Services required by this Contract. The Procurement Administrator for the
City shall be Valerie Ojeda, or designee. The Procurement Administrator shall oversee the
execution of this Contract, assist the Consultant in accessing the organization, audit billings, and
approve payments. The Consultant shall channel reports and special requests through the Contract
Administrator. City reserves the right to change the Contract Administrator for the City without
prior approval of the Consultant.

1.2
SERVICE DESCRIPTION

Consultant shall provide the Services described in Exhibit “A.” All work will be reviewed,
evaluated, approved, and monitored by the Contract Administrator to determine acceptable
completion. Review and approval by the Contract Administrator shall not relieve Consultant of
any liability for improper, negligent, or inadequate services rendered pursuant to this Contract.
Consultant shall provide all work necessary to assure the Services are completed in a timely and
efficient manner consistent with service requirements, including, but not limited to, working in
close interaction with, and interfacing with, City and its designated employees, and working
closely with others, including other consultants or contractors retained by City. In the event of a
discrepancy between this Agreement and Exhibit “A”, this Agreement shall control over Exhibit
“A”.

1.3
DOCUMENTATION AND DATA

All documents, including but not limited to, data compilations, studies, and reports which are

Contract No. EM22-PWB01
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prepared in the performance of this Contract are to be, and remain the property of, the City and
are to be delivered to the Contract Administrator before final payment is made to the Consultant.

2.1
FEE SCHEDULE, RECORDS, AUDIT RIGHTS

The fee Consultant shall be paid for all Services provided pursuant to the terms of this Contract,
inclusive of all expenses under this Contract, shall not exceed One Hundred Fifty-Nine Thousand
Fifteen Dollars and Fifty Cents ($159,015.50).

The Contract Administrator reserves the exclusive right to determine the amount of work
performed and payment due the Consultant on a monthly basis. Consultant shall maintain all
books, paper documents, accounting records and other evidence pertaining to such monthly
billings and shall make such materials available at all reasonable times to the Contract
Administrator. Monthly billings shall be accompanied by such documentation as the Contract
Administrator may require to make a determination of work performed and payment due.

Consultant’s records (hard copy, as well as computer readable data) and any other supporting
evidence deemed necessary by the City to substantiate charges and claims related to this Contract
shall be open to inspection and subject to audit and/or reproduction by City’s authorized
representative to the extent necessary to adequately permit evaluation and verification of cost of
the work, and any invoices, change orders, payments or claims submitted by the Consultant or
any of its payees pursuant to the execution of the Contract. The City’s authorized representative
shall be afforded access, at reasonable times and places, to all of the Consultant’s records and
personnel pursuant to the provisions of this article throughout the term of this contract and for a
period of three years after last or final payment.

Consultant shall require all subconsultants, insurance agents, and material suppliers (payees) to
comply with the provisions of this article by insertion of the requirements hereof in a written
contract agreement between Consultant and payee. Such requirements will also apply to any and
all subconsultants.

If any audit in accordance with this article discloses overcharges of any nature by the Consultant
to the City in excess of one percent (1%) of the total contract billings, the actual cost of the City’s
audit shall be reimbursed to the City by the Consultant. Any adjustments and/or payments which
must be made as a result of any such audit or inspection of the Consultant’s invoices and/or
records shall be made within a reasonable amount of time (not to exceed 90 days) from
presentation of City’s findings to Consultant.

2.2
ADDITIONAL SERVICES; PRICE ADJUSTMENT

The total Scope of Work to be performed by Consultant in accordance with this Contract is set
forth herein and in Exhibit “A.” Services not included in this Contract, including Exhibit “A,”
will be considered Additional Services. Consultant shall not perform any Additional Services
without written authorization from the City. It shall be presumed that all Services
performed/provided by Consultant were included in the Contract and contemplated by Consultant
as being part of the original Scope of Work and the fees set forth herein, unless such Services
have been separately approved by the City, in writing, as Additional Services. Consultant shall
not be paid for any Additional Services that are not authorized by the City in writing.

Contract No. EM22-PWB01
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2.3
OWNERSHIP

Upon receipt of payment for Services, Consultant grants to City, and shall cause its
subconsultants to grant to City, the exclusive ownership of any and all copyrights, if any, to
evaluations, reports, drawings, specifications, project manuals, surveys, estimates, reviews,
minutes, and other intellectual work product as may be applicable ("Work Product"). This grant is
effective whether the Work Product is on paper (e.g., a "hard copy"), in electronic format, or in
some other form. Consultant warrants, and agrees to indemnify, hold harmless and defend City
for, from and against any claim that any Work Product infringes on third-party proprietary
interests. City may reuse the Work Product at its sole discretion. In the event the Work Product is
used for another project without further consultations with Consultant, the City agrees to
indemnify and hold Consultant harmless from any claim arising out of the Work Product. In such
case, City will also remove any title block from the Work Product.

3.1
TERM AND EXTENSION

This Contract shall be in full force and effect only when approved and signed by City’s City
Manager as attested by the City Clerk. This Contract begins on the Effective Date. All work shall
be completed by June 30, 2023.

In the event the work cannot be completed within the time specified, the Contract Administrator
may approve a change order extending the time for completion of the work when Contract
Administrator determines it is in the best interest of the City for such period as the Contract
Administrator deems reasonable. A modification for a time extension for completion of the work
pursuant to this subparagraph shall not entitle Consultant to additional compensation.

3.2
TERMINATION

3.2.1
Termination for Cause

The City has the right to terminate this Contract for cause in the event Consultant
materially breaches any provision of this Contract or portion of the Services and fails to
remedy the breach within five (5) business days of notification of the breach if the breach
is remedial. If Consultant fails to remedy the breach or if the breach is not remedial, City
may terminate this Contract for cause immediately upon written notice to Consultant. In
the event the City terminates this Contract or any part of the Services as herein provided
pursuant to this Section 3.2.1, the City shall notify the Consultant in writing, and
immediately upon receipt of such notice, the Consultant shall discontinue all work under
this Contract.

Upon termination for cause, Consultant shall immediately deliver to the City all
drawings, research, data, studies, reports, estimates and any and all other documents or
work product generated by the Consultant under the Contract, together with all unused
material supplied by the City. Consultant shall be responsible only for such portion of the
work which has been completed and accepted by the City. Use of incomplete data by the
City shall be the City’s sole responsibility.

In the event of termination for cause, Consultant shall only be compensated a portion of
the agreed upon fee for such portion of the work that City agrees, in its sole discretion to
accept. City shall have no obligation to accept any portion of Consultant’s work if the
contract is terminated for cause, and shall have no obligation to pay Consultant for any

Contract No. EM22-PWB01
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portion of the work, if any, not accepted by City.

If the Consultant materially fails to fulfill in a timely and proper manner its obligations
under this Contract, of if the Consultant violates any of the covenants, agreements, or
stipulations of this Contract, the City may withhold from payment due to the Consultant
such amounts as are necessary to protect the City’s position for the purpose of set-off
until such time as the exact amount of damages can be determined.

3.2.2. Termination for Convenience

The City has the right to terminate this Contract for convenience or to abandon any
portion of the work for which Services have not been performed by the Consultant. In the
event the City terminates this Contract or any part of the Services as herein provided
pursuant to this Section 3.2.2, the City shall notify the Consultant in writing, and
immediately upon receipt of such notice, the Consultant shall discontinue all work under
this Contract.

Upon such termination for convenience or abandonment, the Consultant shall
immediately deliver to the City all drawings, research, data, studies, reports, estimates
and any and all other documents or work product generated by the Consultant under the
Contract, together with all unused material supplied by the City. Consultant shall be
responsible only for such portion of the work which has been completed and accepted by
the City. Use of incomplete data by the City shall be the City’s sole responsibility.

The Consultant shall receive as compensation in full for Services performed to the date of
such termination or abandonment, a fee for the percentage of Services actually completed
and accepted by the City. This fee shall be in an amount to be mutually agreed upon by
the Consultant and the City, based upon the scope of work set forth in Exhibit “A’ and
the payment schedule set forth in Article 2, hereof. If mutual agreement cannot be
reached after reasonable negotiation, the Contract Administrator shall determine the
percentage of satisfactory completion of each task set forth in the scope of work
contained in Exhibit “A” and the amount of compensation Consultant is entitled to for
such work and the Contract Administrator’s determination in this regard shall be final.
The City shall make such final payment within sixty (60) days after the Consultant has
delivered the last of the partially completed items.

3.3
FUNDS APPROPRIATION

If the City Council does not appropriate funds to continue this Contract and pay for charges
hereunder, the City may terminate this Contract at the end of the current fiscal period. The City
agrees to give written notice, pursuant to Section 3.2, Termination, of this Contract to the
Consultant at least thirty (30) days prior to the end of its current fiscal period and will pay to the
Consultant all approved charges incurred through the end of such period.

The City's fiscal year begins July 1st and ends June 30th each calendar year. The City may make
payment for Services rendered or costs encumbered only during a fiscal year and for a period of
sixty (60) days immediately following the close of the fiscal year, under the provisions of Arizona
Revised Statutes § 42-17108. Therefore, Consultant must submit billings for Services performed
or costs incurred prior to the close of a fiscal year within forty-five (45) days to allow payment
within this period.

Contract No. EM22-PWB01
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4.1
ENTIRE AGREEMENT

This Contract constitutes the entire understanding of the parties and supersedes all previous
representations, written or oral, with respect to the Services specified herein. This Contract may
not be modified or amended except by a written document, signed by authorized representatives
of each party.

4.2
ARIZONA LAW

This Contract shall be governed and interpreted according to the laws of the State of Arizona.
Any action brought to interpret or enforce any provision of this Contract that cannot be
administratively resolved, or otherwise related to or arising from this Contract, shall be
commenced and maintained in the state or federal courts of the State of Arizona, Maricopa
County, and each of the parties, to the extent permitted by law, consents to jurisdiction and venue
in such courts for such purposes.

4.3
COMPLIANCE WITH LAWS

Consultant shall comply with all existing and subsequently enacted federal, state, and local laws,
ordinances, codes, and regulations that are, or become applicable to this Contract. If a
subsequently enacted law imposes substantial additional costs on Consultant, a request for an
amendment may be submitted pursuant to this Contract.

4.4
MODIFICATIONS

Any amendment, modification, or variation from the terms of this Contract shall be in writing and
shall be effective only after approval of all parties signing the original Contract.

4.5
ASSIGNMENT

Services covered under this Contract shall not be assigned or sublet in whole or in part without
the prior written consent of the Finance Director and Procurement Administrator.

4.6
SUCCESSORS AND ASSIGNS

This Contract shall extend to and be binding upon Consultant, its successors, and assigns,
including any individual, company, partnership, or other entity with or into which Consultant
shall merge, consolidate, or be liquidated, or any person, corporation, partnership, or other entity
to which Consultant shall sell its assets.

4.7
ATTORNEY’S FEES

In the event either party brings any action for any relief, declaratory or otherwise, arising out of
this Contract, or on account of any breach or default hereof, neither party shall be entitled to
receive from the other party attorneys’ fees, costs, or expenses.

4.8
INDEPENDENT CONTRACTOR

The Services Consultant provides under the terms of this Contract to the City are that of an
Independent Contractor, not an employee or agent of the City. The City will report the value paid
for these Services each year to the Internal Revenue Service (I.R.S.) using Form 1099.

Contract No. EM22-PWB01
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City shall not withhold income tax as a deduction from contractual payments. As a result of this,
Consultant may be subject to I.R.S. provisions for payment of estimated income tax. Consultant is
responsible for consulting the local I.R.S. office for current information on estimated tax
requirements. Consultant will not be entitled to any benefits provided by City to its employees,
including, but not limited to, health benefits, workers’ compensation, unemployment coverage,
deferred compensation, and all other typical employee benefits.

4.9
CONFLICT OF INTEREST

The City may cancel any contract or agreement, without penalty or obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the City’s departments or agencies is, at any time while the contract or any extension of
the contract is in effect, an employee of any other party to the contract in any capacity or a
consultant to any other party to the Contract with respect to the subject matter of the Contract.
The cancellation will be effective when written notice from the City is received by all other
parties to the Contract, unless the notice specifies a later time (A.R.S. §38-511).

4.10
NOTICES

All notices or demands required to be given pursuant to the terms of this Contract shall be given
to the other party in writing, delivered by hand or registered or certified mail, at the addresses set
forth below, or to such other address as the parties may substitute by written notice given in the
manner prescribed in this paragraph.

In the case of Consultant:
LEA-Architects, L.L.C.

Attn: Lance Enyart, AIA

1730 East Northern Avenue, Suite 110

Phoenix, Arizona 85020

In the case of City

City of El Mirage

Attn: City Manager

10000 N. El Mirage Road

El Mirage, Arizona 85335

With a copy to:

City of El Mirage

Attn: City Attorney

10000 N. El Mirage Road

El Mirage, Arizona 85335

Notices shall be deemed received on date delivered, if delivered by hand, and on the delivery,
date indicated on receipt if delivered by certified or registered mail.

4.11
FORCE MAJEURE

Neither party shall be responsible for delays or failures in performance resulting from acts beyond
their control. Such acts shall include, but not be limited to, acts of God, riots, acts of war,
epidemics, governmental regulations imposed after the fact, fire, communication line failures,
power failures, or earthquakes.

Contract No. EM22-PWB01
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4.12
TAXES

Consultant shall be solely responsible for any and all tax obligations which may result out of the
Consultant’s performance of this Contract. The City shall have no obligation to pay any amounts
for taxes of any type incurred by the Consultant.

4.13
ADVERTISING AND PROMOTION

Consultant shall not publish, release, disclose or announce to any member of the public, press,
official body, or any other third party: (1) any information concerning this Contract, the Services,
or any part thereof; or (2) any documentation or the contents thereof, without the prior written
consent of the City, except as required by law or judicial or regulatory process. The name of any
site on which Services are performed shall not be used in any advertising or other promotional
context by Consultant without the prior written consent of the City.

4.14
COUNTERPARTS

This Contract may be executed in one or more counterparts, and each originally executed
duplicate counterpart of this Contract shall be deemed to possess the full force and effect of the
original.

4.15
CAPTIONS

The captions used in this Contract are solely for the convenience of the parties, do not constitute a
part of this Contract and are not to be used to construe or interpret this Contract.

4.16
SUBCONSULTANTS

During the performance of the Contract, the Consultant may engage such additional
subconsultants as may be required for the timely completion of this Contract. The addition of any
subconsultants shall be subject to the prior approval of the City.

In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of
this Contract rests with the Consultant.

4.17
INDEMNIFICATION

The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
City, its officers, directors, and employees (collectively, City) against all damages, liabilities, or
costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the
Consultant’s negligent performance of professional services under this Contract and that of its
subcontractors or anyone for whom the Consultant is legally liable.

The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Consultant, its officers, directors, employees, and subcontractors (collectively, Consultant)
against all damages, liabilities, or costs, including reasonable attorney’s fees and defense costs, to
the extent caused by the City’s negligent acts in connection with the Services and the acts of its
contractors, subcontractors or consultants or anyone for whom the City is legally liable.

Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner
whatsoever for the other party’s own negligence or for the negligence of others.

Contract No. EM22-PWB01
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4.18
INSURANCE

The Consultant shall secure and maintain at all times that this Contract is in effect, insurance
coverage which shall include statutory workers’ compensation, comprehensive general and
automobile liability, owner’s and Consultant’s protective liability insurance and errors and
omissions professional liability. The comprehensive general and automobile liability limits shall
be no less than one million dollars ($1,000,000) combined single limit. The owner’s and
Consultant’s protective liability limits shall be no less than one million dollars ($1,000,000) for
each occurrence and one million dollars ($1,000,000) policy aggregate naming the City as an
additional insured. The minimum amounts of coverage for Consultant’s professional liability
shall be one million dollars ($1,000,000). In other than errors and omissions professional liability,
City’s and Consultant’s protective liability and worker’s compensation, the City of El Mirage
shall be named as an additional insured.

All insurance coverage shall be written through a carrier licensed in Arizona, or an approved non-
admitted list of carriers published by the Arizona Department of Insurance, and possessing an
A.M. Best rating of at least A- or above with policies and forms satisfactory to the City.

The Consultant shall submit to the City a certificate of insurance evidencing the coverage and
limits stated in the foregoing paragraph within ten (10) days of award of this Contract. City shall
not issue a “Notice to Proceed” until after Consultant has submitted the certificate of insurance to
City. Insurance evidenced by the certificate shall not expire or be canceled or materially changed
without thirty (30) days prior written notice to the City, and a statement to that effect must appear
on the face of the certificate and the certificate shall be signed by a person authorized to bind the
insurer. Consultant shall also submit to the City a copy of Consultant’s insurance policy
endorsements indicating that the City is an additional insured under Consultant’s insurance
policies as required herein.

The insurance policies, except Workers’ Compensation required by this Contract, shall name the
City, its agents, representatives, officers, directors, officials, and employees as Additional
Insureds.

4.19
FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS AND OTHER
REQUIREMENTS

To the extent applicable under A.R.S. § 41-4401, Consultant warrants its and its subconsultants’
compliance with all federal immigration laws and regulations that relate to their compliance with
the E-verify requirements under A.R.S. § 23-214(A). Consultant’s or its subconsultants’ breach of
the above-mentioned warranty shall be deemed a material breach of the Contract and may result
in the termination of the Contract by the City. The City retains the legal right to randomly inspect
the papers and records of Consultant and its subconsultants to ensure that the Consultant and its
subconsultants are complying with the above-mentioned warranty.

The Consultant warrants to keep the papers and records open for random inspection during
normal business hours by the City. The Consultant shall cooperate with the City’s random
inspections including granting the City entry rights to Consultant’s property to perform the
random inspections and waiving its right to keep such papers and records confidential. The failure
of Consultant to comply with this warranty regarding the keeping of papers and records and
cooperating with City’s random inspections shall constitute a material breach of the Contract and
the City will have the right to immediately terminate the Contract.

Contract No. EM22-PWB01
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A breach of the Immigration Warranty shall constitute a material breach of this Contract and shall
subject the Consultant to penalties up to and including termination of this Contract at the sole
discretion of the City.

Neither the Consultant nor any Sub-contractor shall be deemed to have materially breached the
Professional Immigration Warranty if the Consultant or Sub-contractor establishes that it has
complied with employment verification provisions prescribed by Sections 274A and 274B of the
Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §
23-214(A).

The provisions of this Article must be included in any contract the Consultant enters into with any
and all of its Sub-contractors who provide services under this Contract or any sub-contract.
“Services” are defined as furnishing labor, time, or effort in the State of Arizona by a professional
or sub-contractor. Services include construction or maintenance of any structure, building or
transportation facility or improvement to real property.

Consultant understands and acknowledges the applicability to it of the Americans with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace
Act of 1989. The following is only applicable to construction contracts: The Consultant must
also comply with A.R.S. § 34-301, “Employment of Aliens on Public Works Prohibited”, and
A.R.S. § 34-302, as amended, “Residence Requirements for Employees”.

4.20
SEVERABILITY

If any term or provision of this Contract shall be found to be illegal or unenforceable, then
notwithstanding such illegality or unenforceability, this Contract shall remain in full force and
effect and such term or provision shall be deemed to be deleted.

4.21
DEGREE OF CARE

Professional shall exercise the same degree of care, skill, and diligence in the performance of the
Services as is ordinarily possessed and exercised by a professional under similar circumstances.

4.22
THIRD PARTY BENEFICIARIES

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
the City and Professional.

4.23
ISRAEL BOYCOTT

Consultant certifies that it is not currently engaged in and agrees for the duration of this
Agreement that it will not engage in a “boycott”, as that term is defined in A.R.S. § 35-393, of
Israel.

[Signature page follows]

Contract No. EM22-PWB01
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CITY OF EL MIRAGE

CONSULTANT: LEA-Architects L.L.C.

By: ____________________________
____________________________

Print Name
By: J. Crystal Dyches
Its: City Manager

By: ____________________________

Signature

Its _____________________________

Title

ATTEST:

____________________________
Sharon Antes, City Clerk

APPROVED AS TO FORM:

____________________________

Justin Pierce, City Attorney

Lance Enyart, AIA
Principal

Page 1 of 8

Exhibit A

City of El Mirage Public Works Building
Architectural/Engineering Design
Scope of Services Narrative
LEA - Architects, LLC
August 05, 2022
Revised August 22, 2022

I.
BRIEF DESCRIPTION OF PROJECT

Project Site is located at the Existing Public Works Yard @ 10355 N 121st Ave. (S. of Peoria Ave. and
along N. 121st Ave).

Public Works Building will be approx. 6,400 SF
• Lobby (300 SF)
• (10) Private Office (110 – 125 SF / Each)
• Open Office (approx. 16 workstations)
• Large Conf. Room (600 SF)
• Conf. Room (250 SF)
• Storage (250 SF)
• Mail Room (125 SF)
• Break Room
• Physical Fitness Area
• Men’s/Women’s Restrooms (250 SF)
• IT / Jan. . Elect.

City of El Mirage Public Works Building
Architectural Design Scope of Services Narrative
LEA – Architects, LLC - 8/05/22 Rev. 8/22/22
Page 2 of 8

A. City of El Mirage Publics Work Building – Estimated Construction Budget of $1.75 - $2.0 M

II.
GENERAL REQUIREMENTS

A. DESIGN STANDARDS
1. All work shall conform to:
a. M.A.G. and other governmental/utility agency standard specifications.
b. City of El Mirage MAG Supplemental Specifications and Standard Details.
c. Title 34, Arizona Revised Statutes Regulation Public Buildings and Improvements.
d. City of El Mirage adopted Building Codes and ordinances.
e. City of El Mirage Design Standards and Policies Manual.
f. LEED standards from the USGBC for LEED certification, if required.

B. QUALITY CONTROL
1. The Architect is responsible for quality control of his work. The Architect shall provide a
list of sub-consultants for the project, which will not be changed without the approval of
the City of El Mirage.

C. PROJECT DESIGN SCHEDULE
1. Set design schedule prior to commencing work. Include dates for submittal of schematic
design, design development, and construction documents.

2. Submit monthly status reports indicating progress of the design and conformance with
the project design schedule. If the project is not on schedule, the Architect will
document reasons therefore and procedures required attaining original schedule.

D. COORDINATION
1. City Agencies:

The Architect shall provide coordination with the City of El Mirage Departments designed
by the City of El Mirage Project Manager as having an interest or authority over the
work. The City of El Mirage will provide too the Architect copies of design guidelines,
standards and specifications required by the various departments.

City of El Mirage Public Works Building
Architectural Design Scope of Services Narrative
LEA – Architects, LLC - 8/05/22 Rev. 8/22/22
Page 3 of 8

III.
SUBMITTALS

A. GENERAL INFORMATION
1. The City’s function in connection with submitted plans, specifications, construction cost

estimates, design reports, etc. is review for conformance with design standards,

procedures and criteria established by the City.
2. The Architect shall be responsible for:
a. Compliance with Design Criteria and Procedures and Scope of Work.
b. Preparation of plans and specifications of a quality representative of the profession,
which are both clear and of sufficient detail to provide the Contractor direction by
which this project any be constructed.
c. Requesting and obtaining available materials, maps, as-builts, reports, etc., as may
be applicable to this project.
d. Ongoing communication and informal contact with the City of El Mirage.

B. GENERAL REQUIREMENTS
1. All submittals shall be made to the City of El Mirage. A Building Project generally
consists of a schematic design, design development and construction document
submittal to the City for review, comment and final approval.

2. It shall be the Architect’s responsibility to assist the City of El Mirage Project Manager
with submitting plans for review and coordinate with all agencies designated by City of El
Mirage as having interest or jurisdiction over this project.

IV.
MEETING PARTICIPATION
As part of the contractual relationship with the City, the Architect shall attend monthly
coordination meetings. The Architect shall prepare minutes that outline meeting discussions
and address action items and the responsible parties. LEA-Architects and the City of El Mirage
shall review and approve all minutes. Minutes shall be submitted within 5 days of the meeting
date.

V.
DESIGN PHASE SERVICES

DATA COLLECTION / RESEARCH / SITE INVESTIGATION
1. Site visit with City of El Mirage
a. Prior to any work commencing.
b. Ensure understanding of scope.

2. Record drawings
a. The Architect shall request and obtain all available information with the assistance from the
El Mirage Project Manager.

3. Existing reports/studies
a. Utilize and incorporate where possible any available reports/studies/plans.

PROGRAM VERIFICATION
1. LEA will review existing information provided by City of El Mirage, which includes existing site,
utility, structural analysis and building information.

2. LEA will provide limited research for current City of El Mirage requirements that will be
incorporated into the design of the Public Works Building.

City of El Mirage Public Works Building
Architectural Design Scope of Services Narrative
LEA – Architects, LLC - 8/05/22 Rev. 8/22/22
Page 4 of 8

SCHEMATIC DESIGN
1. The Architect shall prepare a preliminary evaluation of the project and its budgetary constraints
and review with the Contract Administrator any inconsistencies between program requirements
and budget limitations.

2. The Architect shall prepare and submit all materials, attend meetings and make presentations
required to obtain City of El Mirage Development Review Board approvals.

3. Site Analysis – The architect will evaluate the site and prepare preliminary concept site plan
options based on approved programming information to determine the best site layout. This
evaluation will be presented to the City of El Mirage prior to continuation of the Schematic
Design Phase

4. As a result of (1) above, prepare schematic design studies resulting in a design concept. The
Architect shall prepare schematic design documents including the following:

a.
Plans – 1/8” scale as approved Floor Plans
1)
Showing space relationships
2)
Identification of rooms/spaces with room size
3)
Identification of mechanical spaces
4)
Overall dimensions
5)
Roof plans showing equipment location, access, drainage and pitch
6)
Identification of proposed structural systems

b.
3D BIM Model / Renderings / Elevations
1)
3D BIM Model / Renderings of the building exterior and key interior spaces
2)
All exterior building elevations
3)
Material identification and color

c.
Sections
1)
Longitudinal section
2)
Cross section
3)
Special structural or casework sections
4)
Typical wall sections to show materials, relationships and construction intent

d.
Site Plan
1)
Building location and orientation
2)
Automobile parking lot, including handicap spaces
3)
Drives/walkway/hardscape
4)
Landscape areas, including preliminary plant identification
5)
Security considerations, e.g., site lines
6)
Zoning, including adjacent parcels

e.
Outline Specifications
1)
Structural system, plumbing mechanical and electrical
2)
Special systems
3)
Exterior wall construction
4)
Energy conservation considerations
5)
General interior finish schedule, identifying carpeted areas and other floor
finishes, wall finishes and ceiling materials

f.
Code Analysis – Including areas where variances would be required and reasons
why compliance would be difficult.

g.
Statement of Design Concept and Philosophy – General written description of the
concepts and considerations which lead to the design solution.

City of El Mirage Public Works Building
Architectural Design Scope of Services Narrative
LEA – Architects, LLC - 8/05/22 Rev. 8/22/22
Page 5 of 8

5. Architectural / Topographic Survey (Note: Expanded Area Survey is additional service)
a.
Topographic survey, including utility locations, utilizing City of El Mirage datum.
b.
Survey will include all above ground and accessible underground features.
c.
Results of survey to be plotted at a minimum scale of 1”=20” with 1’ contour
intervals.

6. The design team, including sub-consultants, will participate in a review meeting of schematic
design documents with the various City departments.

DESIGN DEVELOPMENT
1. Based on the approved SCHEMATIC DESIGN, the Architect shall prepare design development
documents sufficiently annotated and detailed to adequately convey the size and character of
the project and further define the finish materials, structural, mechanical, electrical and any
special systems. In addition, a color board of building materials will also be presented. The
Design Development submittal should include the following:

a.
Plans – 1/8” = 1’0” scale unless noted
1)
Dimensioned floor plans showing partitions, doors, windows and columns
2)
Enlarged plans at ¼” = 1’0” scale of special areas.
3)
Enlarged toilet room plans at ¼” = 1’0” scale showing fixtures, dimensions
and accommodations for the disabled
4)
Reflected ceiling plans showing lighting layout and mechanical diffusers
5)
Roof plan(s) showing equipment, drains, hatches and traffic treads
6)
Enlarged mechanical room plans at ¼” = 1’0” scale showing major
mechanical equipment to scale and equipment service space (e.g., filter
pulls, boiler tube pulls, etc.)
7)
Mechanical plans showing main (primary) duct distribution and equipment
schedules Structural plan(s) showing major framing members and columns,
dimension column grid, typical floor and roof
8)
LEA-Architects- construction details, and design live and dead load
calculations
9)
Electrical plans showing power distribution, fixture and equipment schedule,
special systems diagrams, including telephone and data systems
10)
Plumbing plans showing plumbing fixture and equipment schedule, water,
waste and vent riser diagrams with pipe sizes
11)
Foundation plan, with footing and foundation sizes, reinforcing and
elevations

b.
Elevations – 1/8” = 1’0” scale
1)
Same elevations as called for in Schematic Design phase, but showing
(identifying) all materials, colors, light fixtures, louvers, roof mounted
equipment, penthouses, downspouts, etc.
2)
Interior elevations of special areas identified in A.2 above. Interior
elevations shall show all materials and pertinent vertical dimensions

c.
Sections
1)
Typical wall section through solid exterior walls at ½” = 1’0” scale
2)
Typical exterior wall section through window/store front construction at ½” =
1’0”. Wall sections shall show materials, bond beams, lintels, flashing,
masonry coursing, beam bearing, roof construction, sill and head conditions
and floor foundation connection
3)
Cross section and longitudinal sections at 1/8” = 1’0” showing roof and floor
construction, ceiling height and major duct space

City of El Mirage Public Works Building
Architectural Design Scope of Services Narrative
LEA – Architects, LLC - 8/05/22 Rev. 8/22/22
Page 6 of 8
4)
Section through roof penetrations at ½” = 1’0” showing curbs and flashing

d.
Site Plan
In addition to Schematic Design information, provide:
1)
Grading and drainage
2)
Utility service entrance points
3)
Landscape plan/Irrigation plan
4)
Site lighting: including submittal of light fixture cut sheets
5)
Pavement sections, pedestrian walkways, apron access ways, and similar
improvements

e.
Specifications
1)
Supplementary General Conditions or Project Procedures and Details
2)
Index of final specifications
3)
Technical specifications
4)
Interior finish and door schedules with color and material palette

f.
Code Evaluation
1)
Written report of preliminary reviews with Planning Division Development
Services Division
2)
Architect shall have filed for and received disposition of variances identified
in the Schematic Design phase

2.
Geotechnical Report (Additional Service)
a.
Sealed by Arizona-registered Geotechnical Engineer.
b.
Vicinity map of project limits.
c.
Plot plan showing location of borings.
d.
Detailed description of findings.
e.
Summary and results of laboratory tests performed.

3.
The design team, including sub-consultants will participate in a review meeting of design
development documents with various City departments.

CONSTRUCTION DOCUMENTS
1.
After the design development documents and construction cost estimates receive written
approval from the City of El Mirage, the Architect shall prepare construction drawings, plans
and specifications to include architectural, structural, mechanical, electrical, civil, and
landscape as appropriate to allow for the bidding and construction of the project.

2. The Architect shall assist the City of El Mirage Project Manager with submitting the construction
documents to the Authority having jurisdiction over the project. It shall be the Architects
responsibility to comply with all Federal, State and local codes in effect at the time the drawings,
plans and specifications are approved.

3. The Architect shall coordinate the preparation of the technical specifications with the City of El
Mirage standard General Conditions for format and content consistency.

4. The design team, including sub-consultants will be required to participate in a review meeting of
the construction documents with various City departments.

5. All comments from the construction document review shall be resolved and the Architect shall
deliver a complete set of professionally sealed contract documents to the City. The City will
provide a final review of all documents back checking the review comments and will notify the
Architect immediately of any outstanding issues, which would prohibit final approval of the
project.

6. The city will be responsible for the reproduction and distribution of bidding documents.

City of El Mirage Public Works Building
Architectural Design Scope of Services Narrative
LEA – Architects, LLC - 8/05/22 Rev. 8/22/22
Page 7 of 8

BIDDING/GMP PHASE SERVICES
A.
During the bidding phase, the Architect shall make services available to the General
Contractor’s for interpretation of the plans and specifications and review of prior
approved equal product submittals. Requests for approved equals shall be processed in
strict conformance to the requirements of Title 34, Arizona Revised Statutes. The
Architect shall develop and provide to the City all required project addenda during the
project bidding phase.

VI.

SPECIAL SERVICES (Additional Design Requirements)

LEA has included the following fees, which can be utilized for the outlined tasks:

A.
Geotechnical Report – As outlined in Design Development Design

B.
Design Reimbursable Allowance - LEA has included an allowance for travel and
reimbursable expenses

C.
Civil Engineering (Campus Retention Analysis) – LEA has included cost for Civil
Engineering Analysis of the existing El Mirage Public Works Campus Retention Basin to
substantiate that it will retain the required on-site storm water retention. (Note: Should
the analysis determine that the existing retention is not sufficient, and the City of El
Mirage wishes to modify/increase the retention basin additional fees will be required for
this added scope of work.)

VII.
CONSTRUCTION PHASE SERVICES
LEA Architects will submit Construction Administration Fees as requested by City of El Mirage
following the Design Phase of the Project

VIII. General Assumptions and Clarifications

City of El Mirage Public Works Building
Architectural Design Scope of Services Narrative
LEA – Architects, LLC - 8/05/22 Rev. 8/22/22
Page 8 of 8
1.
LEA Architects has not included costs for structural engineering (if required) for relocation of
the existing parking canopy.
2.
We have not included additional costs for Fire Sprinkler and/or Fire Alarm Design submittals
which will be completed by the contractor as deferred submittals.
3.
We have not included additional costs for USGBC LEED Certification.
4.
We have included limited coordination with El Mirage IT for conduit stub-ups / rough in into
building walls to accessible ceiling space. The City of El Mirage shall be responsible for AV
/ telco / data systems and cabling.
5.
We have included limited coordination of FF&E with City of El Mirage Furniture Vendor for
design layout purposes. It is our understanding that these items will be purchased by City of
El Mirage. We will provide power/data outlets in accordance with the requirements provided
by City of El Mirage and/or the Furniture Vendor selected by City of El Mirage as part of our
base scope of services.
6.
We have not included coordination, specification or procurement of any desktop computer
equipment, copiers, fax machines, or other office equipment. It is our understanding that
these items will be purchased by City of El Mirage. We will provide power outlets in
accordance with the requirements provided by City of El Mirage as part of our base scope of
services.
7.
We have included allowance for limited drawing reproduction within our proposal. This
allowance will cover limited normal document printing, plotting and reproduction through
bidding of the project. Costs for reproducing plans/specs “issued for construction” are not
included.
8.
Legal Descriptions, Rezoning or rezoning exhibits are not included.
9.
Construction Administration and Post Construction Services are not included
10. Building Commissioning (Fundamental / Enhanced) are not included
11. Existing Building Hazardous Material Assessments are not included

IX. City of El Mirage Responsibilities
1.
Provide all available site documentation, including utilities and drainage reports
2.
Participate in design meetings
3.
Coordinate interdepartmental communication
4.
Provide document review and feedback at each phase
5.
Pay all permit submittal fees
6.
Design / Procurement of security systems, access control systems, CCTV, and Alert Monitor
via City vendors

MANHOUR BREAKDOWN
BY TASK/PERSONNEL
FIRM:
LEA-Architects LLC
CLIENT:
City of El Mirage
PROJECT:Public Works Building
DATE:
8/5/2022 Revised 8/23/22
Tasks
Description
Project Principal
Project
Manager
Project
Architect
CADD
Operator
Clerical
TOTAL
HOURS
COST
(LUMP SUM)
Engineering
Fees (LS)
Additional
Services (Lump
Sum)
Engineering
Services
Reimbursables
(Allowances)
TOTAL COST
$195.00
$135.00
$135.00
$95.00
$55.00
1.0
A
A-1.1
Kick-off / Design Meeting /Site Tour / Program
Verification
2.5
2.5
0.0
0.0
0.0
5.0
825.00
$
25.00
$
850.00
$
A-1.3
Review Existing Documentation
2.00
2.0
1.0
2.0
0.0
7.0
985.00
$
985.00
$
SUB-TOTAL HOURS
4.5
4.5
1.0
2.0
0.0
12.0
SUB-TOTAL COSTS
$877.50
$607.50
$135.00
$190.00
$0.00
1,810.00
$
-
$
-
$
25.00
$
1,835.00
$
2.0
A
Schematic Design Phasing Plans
-
$
A-2.1
Site / Floor Plan / Sections / RCP
8.0
20.0
10.0
48.0
0.0
86.0
10,170.00
$
10,170.00
$
A-2.2
Schematic BIM Modeling / Renderings
4.0
4.0
12.0
24.0
0.0
44.0
5,220.00
$
5,220.00
$
A-2.3
Draft Specifications
1.0
2.5
2.0
0.0
1.0
6.5
857.50
$
857.50
$
A-2.4
Design Coordination with Engineers / Consultants
2.0
15.0
2.0
10.0
0.5
29.5
3,662.50
$
3,662.50
$
A-2.5
Project Meetings with City of El Mirage
4.0
4.0
0.0
0.0
1.0
9.0
1,375.00
$
50.00
$
1,425.00
$
A-2.7
Review /Coordinate Project Design Schedule
1.0
1.0
0.0
0.0
0.0
2.0
330.00
$
330.00
$
A-2.8
Public Utility Coordination
0.5
2.0
0.0
0.0
0.5
3.0
395.00
$
395.00
$
A-2.9
Quality Control /Review
1.0
2.0
0.0
0.0
0.5
3.5
492.50
$
492.50
$
Civil Engineer Design Services (Dibble)
-
$
7,540.00
$
7,540.00
$
Civil Engineer Services (Survey)
-
$
4,160.00
$
4,160.00
$
Civil Engineer Services (Additional Survey of
Exist. Campus Retention)
-
$
2,780.00
$
2,780.00
$
Structural Engineer Design Services (BDA)
-
$
2,000.00
$
2,000.00
$
MPE. Engineer Design Services (PACE)
-
$
1,250.00
$
1,250.00
$
Landscape Architect (Design Ethic)
-
$
1,200.00
$
1,200.00
$
Schematic Design Cost Estimate (Ed Stankus)
-
$
1,600.00
$
1,600.00
$
SUB-TOTAL HOURS
21.5
50.5
26.0
82.0
3.5
183.5
SUB-TOTAL COSTS
$4,192.50
$6,817.50
$3,510.00
$7,790.00
$192.50
22,502.50
$
16,150.00
$
1,600.00
$
2,830.00
$
43,082.50
$
LEA-ARCHITECTS LLC MANHOURS - Attachment B
Program Verification /Concept Design (15% Design)
El Mirage Public Works Building
El Mirage Public Works Building
Schematic Design (30% Design)
SUB-TOTAL COST
SUB-TOTAL COST
LEA-ARCHITECTS
MANHOUR BREAKDOWN
1

MANHOUR BREAKDOWN
BY TASK/PERSONNEL
Tasks
Description
Project Principal
Project
Manager
Project
Architect
CADD
Operator
Clerical
TOTAL
HOURS
COST
(LUMP SUM)
Engineering
Fees (LS)
Additional
Services (Lump
Sum)
Engineering
Services
Reimbursables
(Allowances)
TOTAL COST
$195.00
$135.00
$135.00
$95.00
$55.00
3.0
A
A-3.1
Review /Coord. Schem. Design Comments
0.50
2.0
0.0
1.0
1.0
4.5
517.50
$
517.50
$
A-3.2
Design Development Submittal
10.0
38.0
12.0
100.0
2.0
162.0
18,310.00
$
18,310.00
$
A-3.3
Draft Specifications
0.5
8.0
2.0
0.0
1.0
11.5
1,502.50
$
1,502.50
$
A-3.4
Design Coordination with Engineers
1.0
6.0
2.0
4.0
0.0
13.0
1,655.00
$
1,655.00
$
A-3.6
Progress Project Meeting
2.0
4.0
2.0
0.0
1.0
9.0
1,255.00
$
50.00
$
1,305.00
$
A-3.8
Review /Coordinate Project Design Schedule
1.0
1.0
0.0
1.0
0.0
3.0
425.00
$
425.00
$
A-3.10
Public Utility Coordination
0.5
2.0
0.0
2.0
0.5
5.0
585.00
$
585.00
$
A-3.11
Quality Control Review
1.0
2.5
1.0
0.0
0.5
5.0
695.00
$
695.00
$
Civil Engineer Design Services (Dibble)
-
$
8,380.00
$
8,380.00
$
Civil Engineer Services (Fire Flow Test)
-
$
500.00
$
500.00
$
Structural Engineer Design Services (BDA)
-
$
4,400.00
$
4,400.00
$
MPE. Engineer Design Services (PACE)
-
$
3,500.00
$
3,500.00
$
Landscape Architect (Design Ethic)
-
$
1,800.00
$
1,800.00
$
60% DD Cost Esitmate (Ed Stankus)
-
$
2,240.00
$
2,240.00
$
Geotechnical Report (Western Tech.)
-
$
3,350.00
$
3,350.00
$
SUB-TOTAL HOURS
16.5
63.5
19.0
108.0
6.0
213.0
SUB-TOTAL COSTS
$3,217.50
$8,572.50
$2,565.00
$10,260.00
$330.00
24,945.00
$
18,580.00
$
2,240.00
$
3,400.00
$
49,165.00
$
Tasks
Description
Project Principal
Project
Manager
Project
Architect
CADD
Operator
Clerical
TOTAL
HOURS
COST
(LUMP SUM)
Engineering
Fees (LS)
Additional
Services (Lump
Sum)
Engineering
Services
Reimbursables
(Allowances)
TOTAL COST
$195.00
$135.00
$135.00
$95.00
$55.00
4.0
A
A-4.1
Review /Coord. of D.D. Owner /User Comments
1.0
2.0
1.0
1.0
1.0
6.0
750.00
$
750.00
$
A-4.2
90% Construction Documents Submittal
(Drawings & Specs)
8.0
24.0
12.0
100.0
1.0
145.0
15,975.00
$
15,975.00
$
A-4.3
Design Coordination with Engineers
2.0
6.0
2.0
12.0
2.0
24.0
2,720.00
$
2,720.00
$
A-4.5
Project Meetings
4.0
6.0
0.0
2.0
1.0
13.0
1,835.00
$
50.00
$
1,885.00
$
A-4.7
Review /Coordinate Project Design Schedule
0.0
1.0
0.0
0.0
0.0
1.0
135.00
$
135.00
$
A-4.9
Public Utility Coordination
0.5
2.0
2.0
0.0
0.5
5.0
665.00
$
665.00
$
A-4.10
Quality Control /Review
2.0
8.0
0.0
4.0
1.0
15.0
1,905.00
$
1,905.00
$
A-5.8
100% Construction Documents (Permit Submittal
(Drawings & Specs)
0.5
4.0
2.0
20.0
1.0
27.5
2,862.50
$
25.00
$
2,887.50
$
A-5.9
El Mirage Plan Review Submittals
0.0
2.0
0.0
2.0
0.5
4.5
487.50
$
487.50
$
A-5.10
El Mirage Plan Review Corrections
1.0
4.0
0.0
24.0
3.0
32.0
3,180.00
$
3,180.00
$
Civil Engineer Design Services (Dibble)
-
$
13,558.00
$
13,558.00
$
Civil Engineer Services (Drainage Report)
-
$
4,360.00
$
4,360.00
$
Structural Engineer Design Services (BDA)
-
$
4,000.00
$
4,000.00
$
MPE. Engineer Design Services (PACE)
-
$
3,750.00
$
3,750.00
$
Landscape Architect (Design Ethic)
-
$
3,600.00
$
3,600.00
$
100% CD Cost Estimate (Ed Stankus)
-
$
2,560.00
$
2,560.00
$
SUB-TOTAL HOURS
17.5
49.0
17.0
119.0
6.5
209.0
SUB-TOTAL COSTS
$3,412.50
$6,615.00
$2,295.00
$11,305.00
$357.50
30,515.00
$
24,908.00
$
2,560.00
$
4,435.00
$
62,418.00
$
El Mirage Public Works Building
Construction Documents (90% /100% Submittal)
Design Development (60% Submittal)
El Mirage Public Works Building
SUB-TOTAL COST
SUB-TOTAL COST
LEA-ARCHITECTS
MANHOUR BREAKDOWN
2

7047 East Greenway Parkway, Suite 250
Scottsdale, AZ 85254

480.398.7729
www.bdadesign.com

July 28, 2022

Mr. Randy Jones, RA
LEA Architects
1730 East Northern Avenue, Suite 110

Phoenix, AZ 85020

Re:
Fee Proposal

El Mirage Public Works Building, El Mirage, Arizona

Dear Randy:

We are pleased to present to you this proposal for consulting design services covering the
structural engineering for this project. The scope of the work is as described in your email of
July 26th. The scope includes

The design of a new 6,400 square foot Public Works building. The construction is
anticipated to be of masonry load bearing walls and a wood trussed roof.

The construction budget is estimated at $1.25M.

As a design-based consulting firm, it is our desire to create structures that work in harmony
with the architecture. For this project, we propose to provide the following services as a portion
of the basic design contract:

1.
Assist in development of appropriate and acceptable structural systems for the
proposed building during the schematic and design development phases.
2.
During the design development and construction document phases, prepare all
required structural drawings and details to be incorporated in the final project
set. This includes the General Structural Notes, plans, sections, and details, in
conformance with all relevant codes, ordinances and guidelines.

The construction documents will be produced using Revit software.

4.
During the construction document phase, prepare all final Structural design
calculations reflecting the final design.
5.
Include electronic plotting as required for necessary coordination. Progress and
Final drawings will be submitted via first generation pdfs as agreed upon with
Architect. Prepare electronic copies of calculations and review architect-created
specifications as required by reviewing jurisdiction.

Mr. Randy Jones, RA
BDA design
Page 2
LEA Architects
July 28, 2022
Fee Proposal – El Mirage Public Works Building

6.
Include all necessary documentation for permit submittal as required by
reviewing jurisdiction.
7.
During the design development phase, review of relevant specifications
generated by others.
8.
Review and coordinate between final Architectural drawings, as necessary, for
accuracy and correctness.
9.
Review and address building department comments for building permit
issuance, coordinate revisions with Architect, revise and digitally re-plot all
drawings and calculations affected.
10.
General Construction Administration, including complete review of relevant shop
drawings and material submittals, coordinated with Architect, for conformance
with construction documents.
11.
Provide responses to construction-related questions and RFIs, including review
and response to General Contractor change order requests (CORs), and provide
clarification sketches, coordinated with Architect.

Currently excluded from this scope are:

1. Reimbursable expenses, which will be billed in conjunction with our current schedule.
2. Construction site services.
3. Special Structural Inspections – we will provide an estimate for this service.

The items currently excluded from this proposal may be included under a separate contract or
as an addendum to this proposal.

For the scope of project, as described above, we propose a fixed fee of $10,400 (Ten
Thousand and Four Hundred Dollars).

It is typically the policy that invoices are paid within 15 days of corresponding payment from
the owner. A fee of 1.5% per month will be applied to late payments that go uncollected for
more than 90 days, calculated from the invoice date.
Limitation of liability: In recognition of the relative risks and benefits of the Project to both the
Client and Consultant, the risks have been allocated such that the Client agrees, to the fullest
extent permitted by law, to limit the liability of the Consultant to the Client for any and all claims,
losses, costs, damages of any nature whatsoever or claims expenses from any cause or
causes, including attorneys’ fees and costs and expert-witness fees and costs, so that the total
aggregate liability of the Consultant to the Client shall not exceed the Consultant’s total fee for
service rendered on this Project.. It is intended that this limitation apply to all liability or cause
of action however alleged or arising, unless otherwise prohibited by law.

Mr. Randy Jones, RA
BDA design
Page 3
LEA Architects
July 28, 2022
Fee Proposal – El Mirage Public Works Building

The standard of care for all professional services performed or furnished by Consultant under
this Agreement will be the skill and care used by members of Consultant’s profession
practicing under similar circumstances at the same time and in the same locality. Consultant
makes no warranties, express or implied, under this Agreement or otherwise, in connection
with Consultant’s services.

We have established our reputation for being a different kind of structural design firm - one that
is creative, design based, cost-conscious and responsive. All consulting engineering are
provided with the consensus standard of care for the profession.

Yours truly,

J. Greg Brickey, SE
Principal
GB/mg

Not included

p 602.957.1155
7878 North 16th Street, Suite 300
dibblecorp.com
f
602.957.2838
Phoenix, AZ 85020
August 22, 2022
Randy Jones
Director of Operations
1730 East Northern Avenue, Suite 110
Phoenix, AZ 85020
rjones@lea-architects.com
RE:
El Mirage Public Works Building
10355 N 121st Avenue
El Mirage, AZ 85335
Survey & Civil Engineering Services Proposal
Randy,
Thank you for the opportunity to submit this proposal to provide survey and civil engineering services.
This proposal has been prepared based on our understanding of the project as described in the Project
Understanding and Scope of Services sections. We look forward to partnering with your team for a
successful project.
PROJECT UNDERSTANDING:
Project summary
•
Site location is a portion of the developed public works yard. Area of impact is expected to be
a maximum of 1.25 acres.
•
Project includes a new building and associated parking
•
Existing shade canopy will be relocated by El Mirage prior to start of construction
Grading & Drainage
•
Existing drainage patterns will be maintained and it is anticipated that the impervious area will
not increase or will increase a negligible amount. The base proposal does not include a
retention analysis or new/modified retention basin design. An alternate is provided to survey
the adjacent retention basin and perform a campus retention analysis. The analysis does not
include a full campus survey, the analysis will only calculate the required retention volume for
the site and calculate the retention required. Improvements to direct water to the retention
basin or confirmation all runoff enters the basin is not included in this proposal.
•
Improvements will not extend into the adjacent floodplain to the east, a floodplain use permit
or retention analysis is not anticipated.
•
Off-site flows are not anticipated.
Existing/proposed utilities:
•
Fire service will be provided with a connection to the public main within the adjacent 121st
Avenue
•
Domestic water service will be provided with a connection to the public main within the
adjacent 121st Avenue
•
Sanitary sewer service will be provided with a connection to the public main within the
adjacent 121st Avenue
•
New fire hydrants, if required will be provided with connection to the public main within the
adjacent 121st Avenue. Extension of on-site fire loop is not anticipated.
•
Utility relocations are not anticipated
•
Off-site utility improvements are not anticipated.

2
Adjacent roadway infrastructure:
•
Adjacent roadway is developed with asphalt improvements. The existing driveway cut will be
maintained. The site will include a second driveway with visitor parking connection to 121st
Avenue. No other improvements outside the perimeter fence are anticipated.
Parcel summary
•
Replat/Lot Combo/Easements new or abandonment are not anticipated.
CONDITIONS:
•
Architect will provide electronic files (AutoCAD) of the proposed site and building
improvements for use as the basis of the civil design
•
The Client will provide a Geotechnical Report with recommendations for pavement sections
and percolation rates to complete the civil design for this project. If underground retention is
proposed report will include underground retention bedding and backfill design.
•
Submittals will be made via pdf documents and printing if required will be done by others or
reimbursed at cost to Dibble
•
Submittal and review fees will be paid by Owner/Architect at the time of submittal
•
Client will provide a current ALTA Survey or Title Report including Schedule ‘B’ items
•
Site plan changes after SD phase may require additional services request, site plan changes
after DD phase will require additional services request
•
Bidding & post design services proposal will be provided at the completion of the Construction
Document phase.
•
Schematic design drawings will serve as the civil engineering required submittals for the pre-
application/site plan submittal. Additional drawings, reports, or other document preparation is
not anticipated.
•
Survey proposal is based upon the base and alternate survey services, if alternate is selected,
to be performed at the same time at the start of the project.
•
Meetings are as noted in each section. Should the required meeting attendance exceed the
expected number of meetings additional compensation will be requested.
•
It is anticipated the concrete containment fueling/other area on the east limit of the project
will be maintained and not impacted by this project.
DESIGN STANDARDS/PERMITTING AGENCY
Design will conform to the following Authorities Having Jurisdiction (AHJ).
•
City of El Mirage
Design will be reviewed and permitted by the following AHJ(s)
•
City of El Mirage
SCHEDULE:
•
Dibble is prepared to begin immediately and will coordinate with the Owner/Architect to
establish a project schedule. Design is expected to begin in September of 2020 until March
2023. Construction is expected to start July 1, 2023

3
SCOPE OF SERVICES:
1.0
Survey Services
1.1
Topographic Survey
Project Control
Dibble will perform Project Control Survey services including:
•
Dibble will confirm the project control for the site
•
Basis of Elevation: Elevations shall be tied to the City of El Mirage datum
•
Basis of Coordinates: Coordinates (Northing and Easting) shall be based upon the City of
El Mirage datum
Topographic Survey & Basemap Preparation
Dibble will perform Topographic Survey & Basemap services including:
•
Prepare design ready AutoCAD base file including existing utilities and existing site
features based on available utility as-built and quarter section drawings as well as
conventional topographic survey.
•
Limits of survey are per the attached exhibit.
2.0
Schematic Design Phase
2.1
Schematic Design Documents
Dibble will prepare Schematic Design documents including:
•
Develop on-site plans including site demolition plan, civil site plan, grading & drainage plan,
and utility plan
•
Develop design of horizontal control of the site elements of the project including hardscape,
drives, and drainage features
•
Develop design of water, sewer, and fire protection services
•
Develop design of storm water conveyance
•
Develop draft drainage statement for the site for inclusion on the civil cover sheet
•
Coordinate dry utilities by acquiring design plans from design team and illustrating dry
utility alignment on civil plans, for reference only
•
Coordination with Owner, Architect, Plumbing Engineer & Landscape Architect
2.2
Meetings & Coordination
•
3 ea. - 1 hour virtual meetings
3.0
Design Development Phase
3.1
Design Development Documents
Dibble will prepare Design Development documents including:
•
Refine on-site plans including site demolition plan, civil site plan, grading & drainage plan,
utility plan, cross sections, and details
•
Refine design of horizontal control and vertical design & control of the site elements of the
project including hardscape, drives, and drainage features
•
Refine design of water, sewer, and fire protection services
•
Refine design of storm water conveyance
•
Refine draft drainage statement for the site for inclusion on the civil cover sheet
•
Coordinate dry utilities by acquiring design plans from design team and illustrating dry
utility alignment on civil plans, for reference only
•
Coordination with Owner, Architect, Plumbing Engineer & Landscape Architect
3.2
Meetings & Coordination
•
3 ea. - 1 hour virtual meetings

4
4.0
Construction Document Phase
4.1
Construction Documents
Dibble will prepare Construction Documents including:
•
Finalize on-site plans including site demolition plan, civil site plan, grading & drainage plan,
utility plan, cross sections, and details
•
Finalize design of horizontal control and vertical design & control of the site elements of the
project including hardscape, drives, and drainage features
•
Finalize the design of water, sewer, and fire protection services
•
Finalize design of storm water conveyance
•
Prepare final drainage statement for the site for inclusion on the civil cover sheet
•
Coordinate dry utilities by acquiring design plans from design team and illustrating dry
utility alignment on civil plans, for reference only
•
Coordination with Owner, Architect, Plumbing Engineer & Landscape Architect
4.2
Storm Water Management Plan
Dibble will prepare a Storm Water Management Plan including:
•
Prepare the SWMP (Storm Water Management Plan) in cooperation with the Contractor
meeting the requirements of ADEQ and the City of El Mirage
4.3
Permitting
Dibble will perform Permitting services including:
•
Coordinate AHJ provided civil review comments and meet with AHJ staff to resolve civil
comments
•
Respond/address AHJ civil comments
4.4
Meetings & Coordination
•
4 ea. - 1 hour virtual meetings
ALLOWANCE/SUB-CONSULTANTS
5.0
Fire Flow Test (allowance)
•
Fire flow test for building fire flow calculations
ALTERNATE SERVICES
6.0
Campus Retention Analysis
6.1
Topographic Survey – Expanded Area
Topographic Survey & Basemap Preparation
Dibble will perform Topographic Survey & Basemap services to support the campus drainage
analysis including:
•
Prepare design ready AutoCAD base file including existing utilities and existing site
features based on available utility as-built and quarter section drawings as well as
conventional topographic survey.
•
Limits of expanded survey are per the attached exhibit.
6.2
Campus Retention Analysis
Dibble will perform a campus retention study including:
•
Calculate campus required retention volume
•
Calculate based upon survey retention volume provided along the east property limit
•
Provide summary of site drainage characteristics/drainage patterns based upon visual
observation (full campus topographic survey is not included, a proposal can be provided
for this services if requested by the Owner).

5
EXCLUSIONS:
Unless noted otherwise within the Scope of Services the following services are excluded from this
proposal

Cost of permits or fees

Survey Services including: Replat/Lot Combinations, ALTA survey, legal descriptions & exhibits

Traffic study/Traffic impact analysis/Signal design

Roadway signing & striping design

Sub-surface exploration (utility pot-holing)

Environmental investigations

Geotechnical investigation

Pavement section design & percolation tests (To be provided by Geotechnical Engineer)

Design of off-site/public street, sidewalk, water, or sewer improvements

Off-site flow analysis, floodplain analysis/modification/permitting, 404 permitting, off-site
hydrology/hydraulics study

Electrical design, mechanical design, natural gas design, landscaping, and irrigation design

Site structural design including walls can be provide for an additional fee

Street light plan/street light design

Construction staking/Construction inspection

Post design services

Bidding phase services

As-built survey / Record document preparation

Certification of finish floor elevation

NOI (Notice of Intent) application by Contractor

LEED services

6
FEES:
1.0
Survey Services
$
4,160
1.1
Topographic Survey
$
4,160
2.0
Schematic Design Phase
$
7,540
2.1
Schematic Design Documents
$
6,430
2.2
Meetings & Coordination
$
1,110
3.0
Design Development Phase
$
8,380
3.1
Design Development Documents
$
7,270
3.2
Meetings & Coordination
$
1,110
4.0
Construction Document Phase
$
13,558
4.1
Construction Documents
$
7,046
4.2
Storm Water Management Plan
$
1,630
4.3
Permitting
$
3,402
4.4
Meetings & Coordination
$
1,480
Subtotal
$ 33,638
ALLOWANCE/SUB-CONSULTANTS
5.0
Fire Flow Test
$
500
Subtotal
$
500
Base Services Total
$ 34,138
ALTERNATE SERVICES
6.0
Campus Retention Analysis
$
7,140
6.1
Topographic Survey – Expanded Area
$
2,780
6.2
Campus Retention Analysis
$
4,360
Subtotal
$
7,140
Base + Alternate Services Total
$ 41,278
STANDARD BILLING RATES (January 1, 2022)
Project Manager
200.00
QA/QC Manager
195.00
Project Engineer (PE)
170.00
Assistant Project Engineer (EIT)
138.00
Designer
125.00
Land Surveyor (RLS)
188.00
Survey Technician
105.00
Survey Crew
198.00
Project Coordinator
115.00

7
ADDITIONAL SERVICES:
If the Consultant/Engineer is required to perform services in addition to those outlined in the Scope of
Services, by reason of substantial changes ordered by the Owner or Architect or for any reason
beyond the Consultant’s/Engineer’s control, they are to receive compensation for such services.
Compensation for additional services not included in the Scope of Services for the basic services shall
be based on time expended. Additional services must be approved by the Owner prior to the start of
such work.
Invoices will be submitted monthly based on the percentage of the survey and civil engineering
services that are complete. These invoices will be due and payable upon receipt and will be
considered past due if not paid within seven days after Client’s receipt of payment from the Owner.
If you have any questions, please feel free to call us at (602) 957-1155.
Sincerely,
C. Shannon Mauck, PE
Jeffrey L. McBride, PE
Sr. Project Manager
Vice President, Land Development
Dibble
Dibble

8
Site Exhibit/Limits of Survey

July 28, 2022

Mr. Lance Enyart
LEA Architects
1730 East Northern
Phoenix, Arizona 85020

RE:
El Mirage Public Works Building – 10355 North 121st Ave. – +/-1.25 Acre / 6,400 S.F. Office -– El
Mirage, Arizona

Dear Lance,

Thank you for the opportunity of submitting this proposal to prepare a Landscape Submittals for Schematic
Design /Design Development/Preliminary Landscape Plan & Final Landscape Construction Documents for
the proposed +/- 1.25 Acre, 6,400 S.F. Office Building to be located at 10355 North 121st Avenue in EL
Mirage, Arizona. I look forward to working with you on this project, please feel free to contact me with any
questions that you may have with regards to this proposal.

I.
SCOPE OF SERVICES

A. SITE VISIT
B. SCHEMATIC LANDSCAPE CONCEPTS – COURTYARD ‘A’ / BUILDING ‘A’ & ‘B’ FOUNDATION
•
Provide a schematic landscape plan
•
Provide images of the proposed plant material for the owner to review and comment.
•
Based on the owner approved concept prepare a revised plan for final approval owner for
•
Attend up to two (2) meetings with the owner /owner’s representative.
C. DESIGN DEVELOPMENT
1.
Prepare a black and white 24” x 36” Preliminary Landscape for the City of El Mirage
design review process.
 Specific Shrub types, sizes, quantities, & specific planting material placement
locations
 Specific Tree types, sizes, quantities, & specific planting material placement
locations
 Specific Inert materials (Decomposed granite –type color, & quantities)
2.
Review the plan with the Owner and/or owner’s representative and make the
requested changes.
3.
Submit the plans to the master consultant to distribute to the reviewing municipality
4.
Make any changes requested by the City.
5.
Resubmit the plans to the master consultant to distribute to the reviewing municipality
D. CONSTRUCTION DOCUMENTS
1.
Provide a cover sheet Identifying all pertinent landscape site statistics

2.
Prepare landscape plans indicating:
•
Open space area.
•
Shrub material placement.
•
Boxed tree placement.
•
Street trees and shrubs.
•
Inert materials.
•
Planting details

3.
Prepare irrigation plans indicating:
• Coordinate with the Civil Engineer to receive the existing static water pressure on
site.
• Irrigation Layout
• Product identification.
• Irrigation details.
4. Provide Landscape specifications.
5. Provide Irrigation Specifications
6. Submit plans to the Master consultant to submit to the City for review.
7. Make the necessary changes to the plans as required by the City.
8. Resubmit the plans to the Master consultant to re submit to the City for approval.
E.
CONSTRUCTION ADMINISTRATION (if requested)
•
Punch-list’s, RFI’s & Construction Administration will be billed on an hourly basis upon
request by the owner and will not exceed an amount of $1,200.00
F. MISCELLANEOUS & ASSUMPTIONS
•
There is no lighting design or photometric design included within this proposal.
•
It is assumed that all City of El Mirage submittals will be made by the Owner’s
representative. Any City submittals made by Design Ethic LLC. will be additional to the
lump sum fee and not to exceed an amount of $380.00 per submittal.
•
There is no structural engineer design or fees included within this proposal.
•
Wall and or sign permit drawings are not included within this proposal
•
There are no rendering(s) included as part of this proposal.
•
Permits and permitting fees are not included as part of this proposal.

II.
COMPENSATION

A.
Design Ethic, LLC. shall provide the professional services outlined above for the lump sum
fee of:

Schematic Design: $ 1,200.00
Design Development: $ 1,800.00
City of El Mirage Construction Documents: $ 3,600.00
Construction Administration: (hourly NTE if requested) $ 1,200.00

B.
Reimbursable expenses shall be billed in addition to the lump sum fee and include direct
project expenditures of mileage, reproductions, plots, scans, photocopies, and digitizing.
Materials, printing, delivery service, permit fees will be billed at 1.10 times the cost and are
considered over and above any flat rates or not-to-exceed amounts quoted.

C.
Design Ethic LLC. shall invoice the Owner for work completed on a monthly basis beginning
thirty days after the execution of any services rendered. Payment for services rendered will
be due within thirty (30) calendar days of receipt of Design Ethic LLC. invoice. Design Ethic
LLC. invoices with the Owner/Client that are outstanding in excess of ninety (90) days will
require that Design Ethic LLC decease any further services for client until Design Ethic LLC.
is compensated for services rendered.

II.
ADDITIONAL SERVICES

A.
Additional services will be billed for conceptual drawings above and beyond those
specified.Any design services outside the scope of services specifically outlined will be
additional services.

III.
TERMS & CONDITIONS

A.
Client agrees to provide Consultant with all information, surveys, reports, and professional
recommendations and any other related items requested by Consultant in order to
provide its professional services. The Client affirms that he has provided all documents,
maps, and other information in possession, relating to past, present, and proposed future
use of the site and to the physical conditions of the site and surrounding area. The
Consultant relies on the accuracy and completeness of these
items. Client is responsible for acquiring all necessary permits and approvals and
associated fees. The landscape architect will not be responsible or liable for any of the
following: Any use of plans, specifications, details not signed and sealed by the landscape
architect and approved by the governing agency. Any inaccuracies of
site data plans, architectural drawings, services or any other information supplied by the
client or others. Site soils and geologic conditions. Changes to the plans and specifications
made by the client or others. Job site conditions. The performance of work on this project
by any construction contractors or third parties.
B.
The client agrees, to the maximum extent permitted by law, to waive any claims against
the Consultant arising out of the performance of these services, except for the sole
negligence or willful misconduct of the Consultant. Information for the Sole Use and Benefit
of the Client: All opinions and conclusions of the Consultant, whether written or oral, and
any plans, specifications, or other documents and services provided by the Consultant are
for the sole use and benefit of the Client and are not to be provided to any other person or
entity without the prior written consent of the Consultant. Nothing contained in this
Agreement shall create a contractual relationship with or cause of action in favor of any
third party against either the Consultant or the Client.
C.
In recognition of the relative risks, rewards and benefits of the project to both the Client
and the Consultant, the risks have been allocated such that the Client agrees that, to the
fullest extent permitted by law, the Consultant’s total liability to the Client for any and all
injuries, damages, claims, losses, expenses or claim expenses arising out of this Agreement
from any cause or causes, shall not exceed the Consultant’s fee. Such causes include but
are not limited to, the Consultant’s negligence, errors, omissions, strict liability, breach of
contract or breach of warranty.
D.
All documents produced by the Consultant under this agreement are instruments of the
Consultant’s professional service and shall remain the property of the Consultant and may
not be used by the Client for any other purpose without prior written consent of the
Consultant
E.
Client acknowledges and agrees that proper Project maintenance is required after the
Project is complete. A lack of or improper maintenance in areas such as, but not limited to,
watering
schedule,
pruning
methods,
weeding
and
other
general
landscape
maintenance practices may result in damage to property or persons. Client further
acknowledges and agrees that, as between the parties to this Agreement, Client is solely
responsible for the results of any lack of or improper maintenance.
F.
In the event that a question or claim may arise as to an error or omission in the

landscape architect’s work or plans, the landscape architect will assume no liability
for the errors or omissions unless notified within 48 hours of the client’s discovery of such. If

notified within 48 hours, the landscape architect will have the right to remedy any such
errors or omissions. Any claims or disputes between the Client and the Consultant arising
out of the services to be provided by the Consultant or out of this Agreement shall be
submitted to non-binding mediation. The Client and Consultant
agrees to include a similar mediation agreement with all contractors, subconsultants,
subcontractors, suppliers, and fabricators, providing for mediation as the primary method
of dispute resolution among all parties.
G.
This Agreement may be terminated at any time by either party should the other party fail
to perform its obligations hereunder. In the event of termination for any reason
whatsoever, the Client shall pay the Consultant for all services rendered to the date of
termination, and all reimbursable expenses incurred prior to termination and reasonable
termination expenses incurred as the result of termination. The landscape architect has the
right to and may assert a lien for professional fees and costs for all past due accounts.

BILLING RATES
Principal
$ 125.00 per hour
Designer
$ 90.00 per hour

Costs of printing, delivery service, & digitizing will be billed at 1.10 times the cost and are considered over
and above any flat rates or not-to-exceed amounts quoted.

Again, thank you for the opportunity of working with you.

Sincerely,

ACCEPTED FOR:

Design Ethic, LLC.

BY:

TITLE:

Brandon T. Paul
Principal
DATE:

1062 West Washington Ave., Gilbert, AZ 85233 - 480-694-5085 - estankus@centurylink.net
1
edward k. stankus
construction cost consultant

8-01-2022

Mr. Randy Jones

LEA-Architects, LLC
1730 East Northern Avenue Suite 110
Phoenix, AZ 85020

Project: El Mirage Public Works Building
10355 N. 121st Ave.
El Mirage, Arizona 85335

PROPOSAL FOR ESTIMATING SERVICES

ESTIMATING METHODOLOGY
Provide an in-depth detailed cost estimate that includes all the construction disciplines and other items
such as contingencies, builders risk and general liability insurance, permit cost, and Arizona Transaction
Privilege Tax. (TPT).
The estimate will be broken-down into a MASTERFORMAT™ numbers and titles - 2016 edition.
Pricing is developed from a variety of sources, including historical data taken from previous projects,
material and equipment suppliers, vendors, and subcontractors. Will also consult with local contractors
throughout the construction industry to confirm production rates, crew sizes, and availability of
tradesmen.
I have included (1) one meeting per estimate with the Architect to review and discuss the estimate in
detail.
PROJECT DESCRIPTION:
A new 6,400 SF public works office building with associated site and utility improvements.
FEES - Lump Sum
30% Schematic Development Estimate .................................................................................. $1,600.00
60% Design Development Estimate ........................................................................................ $2,240.00
90% Construction Document Estimate ................................................................................... $2,560.00
Total Amount................................................................................................................ $6,400.00

1062 West Washington Ave., Gilbert, AZ 85233 - 480-694-5085 - estankus@centurylink.net
2
CLASSIFICATION OF HOURLY RATES
Senior Construction Consultant/Estimator - $75.00/per hour
SERVICES BASIS
Estimates are provided on a firm, lump sum price. If additional services are required, they will be billed
on an hourly rate basis, all hours billed are itemized by person, by day, by duty.
EXPENSES
Any expenses incurred, will be billed at our invoiced cost, without additional markups. Expenses typically
billed are travel related, outside copy services and overnight/next day delivery services.
No charge for in house copies, long distance telephone or incidental supplies. As with our services all
expenses are itemized with supporting documentation.
PAYMENT
Payment is due NET 30 days.

Sincerely,
Edward K. Stankus
Edward K. Stankus
Edward K. Stankus

___________________________________ ______________
Accepted By:

Date:

CONTRACT FOR PROFESSIONAL SERVICES
WT Reference No. 2122PP203
BETWEEN:
LEA Architects, LLC
(“Client”)
1730 East Northern Avenue, Suite 110
Phoenix, Arizona 85020
Attn: Randy Jones, RA
AND:
WESTERN TECHNOLOGIES INC.
(“WT”)
3737 East Broadway Road
Phoenix, Arizona 85040
FOR THE PROJECT:
Geotechnical Engineering Services
El Mirage Public Works Building
(“Project”)
10355 North 121st Avenue
El Mirage, Arizona 85335
(“Site”)
1.0
PROJECT DESCRIPTION
Based on information provided, the proposed development will consist of an approximately
6,400 square‐foot single‐story, slab‐on‐grade office structure using masonry and/or frame
construction. Maximum wall and column loads are assumed to be 3 klf and 50 kips,
respectively. We anticipate no extraordinary slab‐on‐grade criteria and that ground floor level
will be within a few feet of existing site grade. On‐site asphalt paved areas for parking and
driveways and rigid pavement sections for loading/unloading and dumpster areas will be
constructed. Surface stormwater retention basins may also be constructed. Any off‐site
improvements have not been included as part of this evaluation. The Client will notify WT
should any of our information or assumptions not be correct.
2.0
PURPOSE
The purpose of our geotechnical engineering services will be to evaluate the subsurface
conditions to provide recommendations and/or discussion for the following:
 Foundation design parameters, including footing types, depths, allowable bearing
capacities, and estimated settlements
 Lateral earth pressures
 Earthwork, including site preparation, fill placement, and suitability of existing soils for fill
materials
 Drainage
 Seismic considerations
 Corrosivity
 Excavation conditions
 Geologic hazards

LEA Architects, LLC
August 1, 2022
Ref. No. 2122PP203
Page 2
3.0
SCOPE OF SERVICES
3.1
Field Exploration
We will conduct the following subsurface exploration program that is based on the project
description and our knowledge of the general soil conditions in the area:
Building Areas ‐
Two test borings to depths of approximately 20 to 25 feet below the
existing site grades.
Pavement Areas ‐
Two test borings to depths of approximately 5 feet below the existing
site grades.
All explorations will be advanced to the depths outlined unless refusal to auger drilling is
encountered. A field engineer or geologist will log the borings, record blow counts of
penetration tests, and obtain undisturbed and representative samples of soils encountered
as conditions dictate.
If requested, WT will also perform infiltration tests in the proposed stormwater retention basin
at depths of up to 3 feet below the existing ground surface. The quantity of testes will be
determined by the Client. Test procedures will be in general accordance with the requirements
of the Maricopa County Drainage Policies and Standards utilizing ASTM D3385, Standard Test
Method for Infiltration Rate of Soils in Field Using Double‐Ring Infiltrometer. The fees for this
testing are provided below.
3.2
Laboratory Testing
A geotechnical engineer will examine the samples and field logs and assign the laboratory
tests. The following laboratory tests may be performed:
 Field moisture content
 In‐situ soil density
 Swell potential
 Maximum density‐optimum moisture relationship
 Compression
 Sieve analysis
 Liquid Limit and Plasticity Index
 Water soluble sulfate content
 pH and minimum resistivity
3.3
Analyses and Report
We will prepare a geotechnical engineering report that includes a description of the project,
a discussion of the field and laboratory testing programs, a discussion of the subsurface
conditions, and design recommendations as required to satisfy the purpose previously
described.

LEA Architects, LLC
August 1, 2022
Ref. No. 2122PP203
Page 3
4.0
SCHEDULE
We will proceed with geotechnical engineering services upon receipt of a signed contract
with an electronic (pdf) copy of our report submitted about 2 to 3 weeks after completion
of the field work. Verbal recommendations can be provided before the written report is
submitted. Please inform us if this schedule does not meet your requirements.
5.0
ASSUMPTIONS
The following assumptions were made in preparation of this proposal:
 A scaled site plan will be supplied by the Client
 Any necessary permits will be provided by the Client
 The site is accessible to two‐wheel drive vehicles
 Groundwater will not be encountered
 The proposed borings will be used for geotechnical exploration and sampling only. No
environmental information or data will be gathered or generated
We will contact Arizona811 prior to mobilizing to the site. This service marks only the primary
utility lines in the roadway and dedicated utility easements and usually does not locate tributary
lateral lines on private property. WT requires the Client to provide all necessary information
and drawings identifying the location of any underground lines or structures that may be on the
subject property. The cost of repair of unknown, unmarked, or improperly marked utilities
damaged during the work, subsequent loss of service, and damage to WT equipment shall be
borne by the Client. A private utility locator can be retained if necessary and the costs of their
services invoiced in addition to the fee quoted herein.
WT assumes that the Client will obtain permission to enter onto the site for our drilling
equipment and personnel. Moving the drilling equipment around the site and drilling the
borings will leave some areas disturbed. While WT will try to limit site disturbance, our fee does
not include re‐landscaping or otherwise restoring the site to its original condition. WT’s services
will include backfilling the borings with the auger cuttings, unless otherwise directed or
required. Over time, some settlement of the backfilled material is normal and expected. Please
inform us if your requirements are any different.
6.0
FEES
The cost of our services, for the scope set forth herein, will be a lump sum fee of $3,350. Our
fee includes discussion and interpretation of our findings with other members of the design
team, but does not include meetings concerning construction or changes in design. Unless
you sign this contract before expiration, the lump sum fee noted above is valid for 90
calendar days, after which time a review by WT will be required.

LEA Architects, LLC
August 1, 2022
Ref. No. 2122PP203
Page 4
6.1
Infiltration Testing Option
Infiltration tests may be required for the proposed retention basins using test method ASTM
D3385 Double‐Ring Infiltrometer. The number of tests required varies based on the size of
the basins. Assuming a maximum depth of three feet below the existing site grade, WT will
perform double‐ring infiltration tests in the location of the proposed basins. The costs for
this test are $1,250 for the first test, plus $750 for each additional test. The quantity and
locations of the tests will be determined by the client.
7.0
MANNER OF PAYMENT
WT will invoice Client for total fees upon completion of services. Full payment is due upon
receipt of our invoice and prior to the release of the report.
8.0
NOTICE TO PROCEED
We understand that returning this signed contract will constitute permission by the owner for
our entry onto the site. The “Standard Terms and Conditions” set forth in WTI Form No. 120
(attached) are applicable and are incorporated herein. The provisions set forth in this
Contract and in the Standard Terms and Conditions shall constitute the Contract between
Client and WT with respect to the services to be provided.
EXECUTED BY WT:
EXECUTED BY CLIENT:
/s/ Matthew Bannon
WT’s Authorized Representative
Matthew Bannon. R.G.
Client’s Authorized Representative
Typed or Printed Name
Project Geologist
Typed or Printed Name
Title
August 1, 2022
Title
Date
Date
Include infiltration testing ( __ number of tests)