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September 23, 2022
Revised October 18, 2022
Bryce Christo, PE
City of El Mirage
10000 N. El Mirage Road,
El Mirage AZ 85355
623.876.2974
bchirsto@elmirageaz.com
SUBJECT: 125th Avenue & Desert Cove Topography, El Mirage, Arizona
Dear Bryce:
Rick Engineering Company is pleased to submit this proposal to provide professional surveying services
for the above referenced property.
SCOPE OF WORK
Figure 1 – Limits of Topography
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TOPOGRAPHIC SURVEY FOR DESIGN
Location and elevation of existing surface utilities and improvements within Survey Limits
(along 125th Avenue from the southern boundary of APN 501-44-096 to Peoria Avenue).
Full width cross sections of roadways within Survey Limits (from the right of way on the
west of 125th Avenue to the top of the west side of the east irrigation ditch).
Plot locations of underground utility lines per the record agency maps available at the time
of the survey.
Approximate 50-foot interval grid over site, including grade breaks, and physical features
pertinent to Civil Design.
Contours will be provided at 1-foot intervals.
All elevations will be on the municipal Vertical Elevation Datum.
Provide topographic base map including grade shots in electronic format and hard copy to
be used for Civil Engineering Design.
FEE
Rick Engineering Company will provide the above services for a fee of $2,800.00. Any printing and
miscellaneous processing fees are extra and not a part of this agreement.
TIMELINE
Rick Engineering Company will provide the above services in approximately 25-30 working days from
notice to proceed.
PROPOSAL ASSUMPTIONS:
1.
Video or in-person meetings requested by the client shall be billed T&M beyond the fee noted above.
2.
Any printing and miscellaneous municipal processing fees are extra and not a part of this agreement.
3.
This fee assumes there are no additional survey requirements other than what is stated above in this proposal.
4.
Authorized overtime will be charged 1.5 times the rates shown on the attached rate sheet.
5.
A 15% fee for administration, coordination and handling will be added to all subcontracted services.
6.
Legal Descriptions and Exhibits, if necessary, will be drafted at $600 per occurrence.
Client Initials_____
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Sincerely,
Eric Sostrom, RLS
Land Surveyor
Associate, Survey Manager
Ryan Hall,
Survey Manager
ACCEPTED THIS DAY OF , 2022
BY: _________________________________________________________________
CLIENT
Invoices for this project to be addressed to:
Company: _______________________________________________________________________
Address: ________________________________________________________________________
City/State/Zip: __________________________________________________________________
Telephone: ___________________________________ Email: ________________ ____________
Contact person: __________________________________________________________________
Please complete, sign and return a copy to RICK ENGINEERING COMPANY
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STANDARD PROVISIONS: ARIZONA 2022
The Client and Consultant agree that the following provisions shall be a part of their Agreement:
1. This Agreement shall be binding upon the heirs, partners, successors, executors, administrators and assigns of the Client and Consultant.
2. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to
the terms of any labor agreement, rise in the cost of living, or increase in any applicable prevailing wage during the lifetime of this Agreement,
such increase shall be applied to all remaining compensation. For services provided on a time and materials or hourly rate basis, increases in the
applicable rates will be reflected in the billing statement or invoice for the month following the increase.
3. Should litigation at law or equity arising out of this Agreement, including but not limited to an action for declaratory relief, be brought to
enforce or interpret any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement or litigation
commenced either directly or by way of a cross-complaint whether arising out of contract or tort, including a cross-complaint for indemnity, for
failure or alleged failure to perform or for errors, omissions, or negligence, the prevailing party shall be entitled, in addition to any other award, to
all litigation and collection expenses, any and all costs of defense, including attorney's fees, expert witness fees, witness fees and court costs and
any and all other expenses incurred.
4. Neither the Client nor Consultant shall assign his interest in this Agreement without the written consent of the other.
5. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. This Agreement contains the entire
agreement between Client and Consultant relating to the project and the provision of services by consultant to the project. Any agreements,
promises, negotiations or representations not expressly set forth herein, are of no force or effect. Subsequent modifications to this Agreement
shall be in writing and signed by both Client and Consultant.
6. Conditions or representations, alterations, detractions from or to the terms hereof, including delineations hereon, shall not be valid unless they
are in writing and signed by both Client and Consultant.
7. Client agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the
Consultant's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather
disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in timely
manner; failure of performance by the Client or the Client's contractors or consultants; issuance of regulations, orders or other governmental
actions that limit, restrict or delay the ability of Consultant or Consultant’s workforce to perform; or discovery of any hazardous substances or
differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by the Consultant to perform
its services in an orderly and efficient manner, the Consultant shall be entitled to an equitable adjustment in schedule and/or compensation.
8. In the event litigation is instituted under the terms and conditions of this Agreement, such litigation is to be brought and tried in the
appropriate court in the state and county in which the project is located and the parties waive the right to have brought, tried in, or removed to any
other county or judicial authority.
9. Client acknowledges that Consultant is not responsible for the performance of work by third parties, including, but not limited to, the
construction contractor(s), subcontractors, governmental agencies, construction managers, architects, or other consultants.
10. Consultant shall only function as an advisor in all governmental relations. Consultant shall not be liable for damages resulting from the
actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general
plans, and amendments thereto, zoning matters, annexations, or consolidations, use or conditional use permits, project or plan approvals and
building permits.
11. Consultant makes no warranty, either express or implied, as to the findings, recommendations, plans, specifications, or professional advice.
Consultant shall perform in accordance with accepted engineering and/or surveying practices or standards in effect at the time of performance in
the locale where the services are rendered.
12. Consultant makes no representation, guarantee, warranty, express or implied concerning estimated cost figures made in connection with
maps, plans, specifications, or drawings, other than that all such figures are estimates only. Consultant shall not be responsible for fluctuations in
cost factors.
13. Consultant makes no representations concerning estimates of areas. Estimates of areas are estimates only and are not to be considered
precise unless Consultant specifically agrees to provide the precise determination of such areas.
14. Client and Consultant agree to cooperate in any and every way or manner on project.
15. Consultant makes no representation, either express or implied, concerning soils or geological surveys or subsurface soil tests or general soils
testing and reporting.
16. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments
and documents which may be necessary and proper to conduct the terms of this Agreement.
17. The terms and provisions of this Agreement shall not be construed to alter, waive, or affect any lien or stop notice rights which the
Consultant may have for the performance of services under this Agreement.
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18. One or more waivers of any term, condition or covenant by a party shall not be construed as a waiver of subsequent breach of the same or
any other term, condition, or covenant.
19. In the event Client fails to pay Consultant promptly or within sixty (60) days after invoices are rendered, then Client agrees that Consultant
shall have the right to consider said default a total breach of this Agreement and, upon written notice, the duties, obligations, and responsibilities
of the Consultant under this Agreement are terminated. In such event, Client shall then promptly pay the Consultant for all the fees, charges, and
services performed to date by consultant.
20. In the event any term, condition, covenant, or provision of this Agreement shall be held to be invalid, void, or unenforceable, the remaining
terms, conditions, covenants, and provisions of this Agreement shall be valid and binding on the parties hereto.
21. The Client agrees it will require that the Contractor hold harmless, indemnify and defend the Client, the Architect, the Consultant and its
subconsultants, and each of their officers, directors, principals, employees and agents, from any and all liability claims, losses or damages arising
or alleged to arise from the performance of the work described herein, but not including the sole negligence or willful misconduct of the Client,
the Architect or the Consultant or their respective subconsultants, officers directors, principals, employees and agents.
22. The Client shall indemnify and hold Consultant harmless regarding all liability or claims of any kind, including all investigation and defense
costs, connected directly or indirectly with this project, which liabilities or claims do not result from the sole negligence or willful misconduct of
the Consultant.
23. Consultant has a right to complete all services agreed to be rendered pursuant to this Agreement. In the event this Agreement is terminated
before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all
liability for services performed.
24. In the event work prepared or partially prepared by the Consultant be suspended, abandoned, or terminated, the Client shall pay the
Consultant for all work, fees, deposits, charges, and services provided, not to exceed any maximum amount specified herein. Client
acknowledges if project work is suspended and restarts, there may be additional charges due to suspension which shall be paid by Client as extra
work.
25. Client agrees that if Client requests services not specified pursuant to the scope of services described within this Agreement, Client agrees to
pay all such additional services as extra work if authorized in writing.
26. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this
Agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy
petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed fifteen (15) days after its filing. Any
suspension of services made pursuant to the provisions of this Paragraph shall continue until such time as this Agreement has been fully and
properly assumed or adequate assurance provided in accordance with the applicable provisions of the United States Bankruptcy Court and in
compliance with the final order or judgments issued by the Bankruptcy Court.
27. If payment for Consultant's services is to be made on behalf of Client by a third party, Client agrees that Consultant shall not be required to
indemnify the third party, in the form of an endorsement or otherwise, as a condition of receiving payment for services.
28. Client agrees to purchase and maintain, during construction, builder's liability special peril or other similar insurance which will name
Consultant as an additional insured. Client also agrees to require the contractor or contractors to purchase and maintain liability insurance,
including broad form general liability coverage, comprehensive bodily injury, broad form property damage, independent contractors insurance,
completed operations and contractual liability coverage, and the exclusions for explosion, collapse or underground coverage shall be deleted;
automobile including bodily injury, property damage, owned, non-owned and hired vehicles; and worker's compensation insurance including
employers liability coverage, all of which shall name the Client and Consultant as additional insureds. Certificates of such insurance shall be
provided to consultant and the certificate(s) shall include provisions that the above policies are primary and non-contributory with Consultant's
insurance and that coverage will not be canceled unless at least thirty days prior written notice has been given to consultant.
29. In the event that the plans, specifications, and/or field work covered by this Agreement are those required by various governmental agencies
and one or more such governmental agency changes its policies, ordinances, procedures, or requirements after the date of this Agreement, any
additional office or field work required, shall be paid by Client as extra work.
30. Services provided within the Agreement are for the exclusive use of the Client. Nothing contained in this Agreement shall be construed to be
for the benefit of any person not a party to this Agreement and no third-party beneficiary rights are created.
31. All original papers, drawings, notes, documents and other work product of Consultant, and copies thereof, produced because of the
Agreement represent professional services, shall remain the property of the Consultant, and Consultant shall retain all copyright and other
ownership interests. Client shall have a nonexclusive license to use Consultant’s work product and any items in which Consultant maintains
ownership and/or copyright interest so long as all fees to be paid under this Agreement have been paid. Any nonexclusive license Client obtains
under this Agreement terminates upon the termination of this Agreement. Consultants work product may be used by consultant without consent
of the Client.
32. In the event that any changes are made in the plans and/or specifications by the Client or persons other than the Consultant, and such changes
are not consented to in writing by Consultant, Client acknowledges that the changes and their effects are not the responsibility of Consultant and
Client agrees to release Consultant from all liability arising from the use of such changes and agrees to defend, indemnify and hold Consultant, its
officers, directors, principals, agents and employees harmless from and against all claims, demands, damages or costs arising from the changes.
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33. Client agrees not to use or permit any other person to use plans, drawings or other work product prepared by consultant, which plans,
drawings or other work product are not signed and stamped or sealed by consultant and/or are not final. Client agrees to be liable and responsible
for any use of non-final plans, drawings or work product or plans, drawings or work product not signed, and stamped or sealed by consultant and
waives liability against consultant for their use. Client further agrees that final plans, drawings, and other work products are for the exclusive use
of Client and may be used by Client only for the project described in this Agreement.
34. In the event that any staking is destroyed, damaged, or disturbed by an act of God or parties other than Consultant, the cost of re-staking shall
be paid for by the Client as extra work. If the scope of services provided for pursuant to this Agreement does not include construction staking by
Consultant, Client acknowledges that changes, clarifications, adjustments, and modifications may be necessary because of changed field or other
conditions. Client will indemnify and defend Consultant for construction staking by others and from claims arising from changes, clarifications,
adjustments, and modifications which may be necessary to reflect changed field or other conditions, except claims caused by the sole negligence
or willful misconduct of consultant.
35. Questions concerning location or changes in construction stakes or questions concerning information on plans and specifications must be
called to the attention of the Consultant upon discovery and before corrective remedy.
36. The Consultant shall be notified 24 hours in advance, so that he may check forms, for grade and alignment only, prior to the pouring of
concrete for cast-in-place concrete structures, thrust blocks, electrical boxes, bridge abutments or piers, or any similar structures staked by
consultant. Consultant can assure compliance to proper grade and alignment only when it has been advised to check in advance.
37.(a) If the scope of services to be provided by Consultant pursuant to the terms of this Agreement include the preparation of engineering
drawings but exclude construction staking services, Client acknowledges that such services normally include coordinating civil engineering
services and the preparation of as-built drawings pursuant to Uniform Building Code Chapter 70 and/or other statutes, ordinances or laws, and
Client will be required to retain such services from another consultant or pay Consultant pursuant to this Agreement for such services as extra
work.
(b) If the scope of services to be provided by Consultant pursuant to the terms of the Agreement, include construction staking services, but
exclude the preparation of the engineering drawings to be used for construction and construction staking, Client acknowledges the coordination of
civil engineering services and the preparation of as-built drawings as required by statute, ordinance or law may require the retention by Client of
another consultant or the original consultant responsible for the design, or pay Consultant pursuant to this Agreement for such services as extra
work. Client acknowledges that if Consultant is retained to prepare as-built drawings of plans prepared by others, Client will indemnify, defend,
and hold Consultant harmless from all liability in connection with the plans and specifications prepared by others, and the performance of work
by consultant on this project as set forth in Paragraph 44.
38. In the event Client discovers or becomes aware of apparent errors or omissions, field conditions or discrepancies during the construction
phase of the project, which apparent errors or omissions, field conditions or discrepancies are resolvable by Consultant, Client agrees to notify
Consultant and engage Consultant to resolve the problem before construction activities commence or further construction activity proceeds.
Further, Client agrees to have a provision in its construction contracts for the project which require the contractor to notify Client of any such
apparent errors or omissions, field conditions or discrepancies so that Client may, in turn, notify Consultant pursuant to the provisions of this
Paragraph.
39. Client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees,
soil testing fees, aerial topography fees, and other fees and deposits, permits, bond premiums, title company charges, blueprints and
reproductions, and all other charges not specifically covered by the terms of this Agreement.
40. All fees and other charges will be billed monthly as the work progresses and the net amount shall be due at the time of billing.
41. A past due payment CHARGE will be computed by the Consultant at the periodic rate of 1.5% per month, not to exceed the maximum legal
rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the original billing.
42. Client agrees that the balance as stated on the billings from Consultant to Client are correct, conclusive, and binding on the Client unless
Client within forty-five (45) days from the date of receipt of such billing, notifies Consultant in writing of the items that are alleged to be
incorrect.
43. In consideration of the Consultant's fee for services, the Client agrees that the Consultant will perform no onsite construction review,
construction management, supervision of construction of engineering structures or other construction supervision for this project unless
specifically contracted for; that such services will be provided by others; and that the Client shall defend, indemnify and hold the Consultant, its
officers, directors, principals, agents and employees harmless from any and all liability, real or alleged, arising or resulting from the performance
of construction review, construction management, supervision of construction of engineering structures or supervision by others. Further, Client
acknowledges that Consultant will be unable to correct errors or omissions in the plans which customarily become apparent and resolvable during
construction review.
44. Client agrees that, in accordance with accepted construction practices, the construction contractor will be required to assume sole and
complete responsibility for job site conditions during construction of the project, including safety of all persons and property; that this
requirement shall be made to apply continuously and not be limited to normal working hours. The Client further agrees to defend, indemnify, and
hold the Consultant harmless from all liability in connection with the performance of work on this project, excepting liability arising from the
sole negligence or willful misconduct of the Consultant.
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45. Client agrees to limit the liability of Consultant, its principals and employees to the Client, all contractors and subcontractors on the project,
due to professional negligent acts, errors or omissions of the Consultant, breach of contract or any other cause of action however pled to the
sum of $50,000 or the Consultant's fee, whichever is greater; except that if the contract amount, including any addenda or other contracts
pertaining to or covering services related to the project, exceeds $150,000, the liability of Consultant shall not exceed $150,000. Client further
agrees to notify any contractor and subcontractor who may perform work in connection with any design, report or study prepared by consultant of
such limitation of liability, and to require as a condition precedent to their performing their work, a like indemnity of liability on their part as
against the Consultant.
46. The Client hereby agrees to bring no claim for negligence, breach of contract, indemnity or otherwise against the Consultant, its principals,
employees and agents if such claim, in any way, would involve the Consultant's services for the investigation, detection, abatement, replacement,
use or specification, or removal of products, materials or processes containing asbestos, asbestos cement pipe, and/or hazardous materials (as
defined by state, federal and/or local laws or ordinances). Client further agrees to defend, indemnify and hold harmless Consultant, its officers,
directors, principals, employees and agents from any asbestos, asbestos cement pipe, and/or hazardous waste material related claims that may be
brought by third parties as a result of the services provided by the Consultant pursuant to this Agreement except claims caused by the sole
negligence or willful misconduct of the Consultant.
47. Client acknowledges that Consultant's scope of services for this project does not include any services related, in any way, to asbestos and/or
hazardous waste. Should Consultant or any other party encounter such materials on the job site, or should it in any way become known that such
materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at
its option, terminate work on the project until such time as Client retains a specialist contractor to abate and/or remove the asbestos and/or
hazardous waste materials and warrant that the job site is free from any hazard which may result from the existence of such materials.
48. Digital data files shall be provided to Client only if such delivery has been specified in the scope of services set forth in this Agreement. If
the scope of services does not specify that digital data files shall be delivered, all costs associated with delivery of digital data files shall be paid
by Client. Client agrees that all digital data files delivered by consultant are to be used exclusively to fulfill the scope of this Agreement. Client
agrees to hold Consultant harmless for any use by client of this data outside or beyond the scope of this Agreement.
49. Consultant makes the following representations as to the compatibility of digital data files:
(a) All data files are to be used with compatible hardware and software versions as used by consultant at the time file copies were created.
(b) Consultant makes no representation as to the compatibility of any data files other than for the hardware and software versions used by
consultant to create the data files.
(c) Client agrees to hold Consultant harmless for any use of data files on any hardware or software versions other than those which were used
by consultant to create them.
(d) If Client requires or requests any special or specific file structure, format or software that is different from those used by Consultant at the
time Consultant is performing the services set forth in this Agreement, unless otherwise specified in this Agreement, all costs associated with
creating the file structure or format, and/or acquiring necessary software and/or hardware, shall be the responsibility of Client.
50. After the time final data files have been delivered per terms of this Agreement, Consultant will not be held responsible for maintaining copies
of any digital data related to this Agreement.
51. Client agrees that if formats for deliverables of digital files are not specified in this Agreement, they will be delivered using the standards and
versions of consultant at the time of creation.
52. Client agrees not to use any digital files (drawing or data file), in whole or in part, for any purpose or project other than the project which is
the subject of this Agreement. Client waives all claims against consultant resulting in any way from any changes not authorized and/or authored
by consultant and/or reuse of the drawings or data for any other project without the express written consent by consultant. The transfer of
drawings or data in electronic media or format shall not be deemed a sale, and Consultant makes no warranties, either express or implied, of
merchantability or fitness for a particular purpose.
53. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant’s knowledge, the Client agrees that
it will accept responsibility for the completeness, correctness, or readability of the electronic media after an acceptance period of 30 days after
delivery of the electronic files, and that upon the expiration of this acceptance period, client will indemnify and save harmless the Consultant for
any and all claims, losses, costs, damages, awards or judgments arising from use of the electronic media files or output generated from them. The
Consultant agrees that it is responsible for the accuracy of the sealed drawings that accompany the submittal, and that such accuracy is defined as
the care and skill ordinarily used by members of the Consultants profession practicing under similar conditions at the same time and in the same
locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with the Consultant’s services.
54. Prior to the commencement of any legal action, in an effort to resolve any conflicts that arise during the design or construction of the project
which is the subject of this Agreement, or following completion of the project, Client and Consultant agree that all disputes between them arising
out of or relating to this Agreement, the services performed pursuant to this Agreement, or relating in any way to the project, shall be submitted to
nonbinding mediation unless the parties mutually agree otherwise. Each party shall be represented at the mediation by a person or persons with
the authority to bind the party to any agreement, obligation or resolution resulting from the mediation. Each of the parties agrees to include a
similar mediation provision in all agreements with any other contractors and consultants retained for the project and to require such contractors
and consultants to include a similar provision in all agreements with subcontractors, sub-consultants, suppliers, or fabricators, thereby providing
mediation as the primary method for dispute resolution between the parties to those agreements.
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