Arcadis-City CM@Risk DP Agreement_signed

City of Glendale — Regular Meeting (2023-12-12)

Extracted text (via pymupdf) 203153 characters

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 1

CITY OF GLENDALE, ARIZONA
STANDARD FORM AGREEMENT BETWEEN OWNER AND
DESIGN PROFESSIONAL
(CONSTRUCTION MANAGER AT RISK)
WEST AREA RECLAMATION FACILITY 2023
May 15, 2023 Edition

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 2

T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 3

TABLE OF CONTENTS
ARTICLES

ARTICLE 1
PROJECT

ARTICLE 2
DP’S SERVICES AND RESPONSIBILITIES

ARTICLE 3
ADDITIONAL SERVICES

ARTICLE 4
REIMBURSABLE EXPENSES

ARTICLE 5
OWNER'S RESPONSIBILITIES

ARTICLE 6
COMPENSATION FOR THE DP’S SERVICES

ARTICLE 7
INTENTIONALLY OMITTED

ARTICLE 8
DP’S ACCOUNTING RECORDS

ARTICLE 9
INSURANCE AND INDEMNITY

ARTICLE 10
OWNERSHIP OF DOCUMENTS

ARTICLE 11
NO ASSIGNMENTS

ARTICLE 12
REQUESTS FOR CONTRACTUAL ADJUSTMENTS AND DISPUTE RESOLUTION

ARTICLE 13
TERMINATION OR SUSPENSION

ARTICLE 14
EXTENT OF AGREEMENT

ARTICLE 15
INTENTIONALLY OMITTED

ARTICLE 16
PROJECT-SPECIFIC PROVISIONS

ARTICLE 17
COMPLIANCE AND LEGAL WORKER REQUIREMENTS

ARTICLE 18
MISCELLANEOUS

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 4

TABLE OF CONTENTS (continued)

EXHIBITS

EXHIBIT A -
Scope of Services for Design Professional
EXHIBIT B -
Schedule of Payments
EXHIBIT C -
Design Professional Proposal Dated 09/29/2023
EXHIBIT D -
Dispute Resolution Procedures

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 5

STANDARD FORM AGREEMENT BETWEEN OWNER
AND
DESIGN PROFESSIONAL
(CONSTRUCTION MANAGER AT RISK EDITION)

This Agreement “DP Agreement” is made day of in the year 20 , by and
between CITY OF GLENDALE, ARIZONA, an Arizona municipal corporation (“OWNER”),
located at 5850 West Glendale Avenue, Glendale, Arizona, 85301 and ARCADIS U.S., INC.
(“Design Professional” or “DP”), located at 410 North 44th Street, Suite 1000, Phoenix, Arizona,
85008, for services in connection with the Project listed in Article 1 below.
In consideration for the mutual covenants and obligations contained herein, Owner and
DP agree as follows:

Article 1
Project.

1.1
Project Title.
West Area Water Reclamation Facility 2023 Improvements

1.2
Project Number.
222348.1

1.3
Project Location.
5901 North Glen Harbor Boulevard, Glendale, Arizona, 85307

1.4
Scope of Service.
Defined and described in “Exhibit A – Scope of Services for DP”,
attached.

1.5
Schedule.
Defined and described in “Exhibit A – Scope of Services for DP”, attached.

1.6
For Basic Services, the DP's basic compensation shall be computed on the following basis:
The Basic Services fee for all subphases is Four hundred and six thousand, nine hundred twenty-
one dollars ($406,921). Reimbursable expenses, as defined herein, shall not exceed Three
hundred sixty-eight thousand dollars ($368,000). Fee is further defined and described in “Exhibit
B – Schedule of Payments”.

1.7
Representatives of the Parties, Authority.

1.7.1 Owner’s Representatives.

1.7.1.1 Owner designates Martin A. Soma, PE, Senior Civil Engineer, City of Glendale
Engineering Department, 5850 West Glendale Avenue, Suite 315, Glendale, Arizona, 85301 as
the “Owner’s Senior Representative”, who has the authority and responsibility set forth in this DP
Agreement, including the authority and responsibility for avoiding and resolving disputes under
Article 12.

1.7.1.2 Owner designates Martin A. Soma, PE, Senior Civil Engineer, City of Glendale

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 6

Engineering Department, 5850 West Glendale Avenue, Suite 315, Glendale, Arizona, 85301 as
the “Design Phase “Representative”, who has the authority and responsibility set forth in this DP
Agreement.

1.7.1.3 Owner designates Abdul Rashid, PE, Senior Civil Engineer, City of Glendale, 5850
West Glendale Avenue, Suite 315, Glendale, Arizona, 85301 as the “Construction Phase
Representative”, who has the authority and responsibility set forth in this DP Agreement.

1.7.2 DP’s Representatives.

1.7.2.1 DP designates Kim Tanner, PE, Principal-In-Charge, Arcadis U.S., Inc., 410 North
44th Street, Suite 1000, Phoenix, Arizona, 85008 as the “DP’s Senior Representative” , who has
the authority and responsibility set forth in this DP Agreement, including the authority and
responsibility for avoiding and resolving disputes under Article 12.

1.7.2.2 DP designates Brian J. Bubela, PE, Senior Vice President, Arcadis U.S., Inc., 410
North 44th Street, Suite 1000, Phoenix, Arizona, 85008 as the “Project Management
“Representative,” who has the authority and responsibility set forth in this DP Agreement.

1.7.2.3 DP’s Representatives, as approved by the Owner, shall not be replaced without
the Owner’s prior written approval.

1.7.2.4 DP warrants and shall ensure that only representatives who are authorized to legally
bind DP will sign documents associated with this DP Agreement.

Article 2
DP’s Services and Responsibilities.

2.1
General.

2.1.1 Intent. In accordance with the City of Glendale Charter, Owner intends to enter into a
contract for services by a qualified design professional for the architectural and engineering
services and construction administration services set forth in “Exhibit A – Scope of Services for
DP” (hereinafter the “Scope of Services”), including the Basic Services and the Additional
Services (as defined below) (collectively “Professional Services”). The DP shall render the
Professional Services in the phases and subphases described in the Scope of Services and shall be
coordinated with the services of the Construction Manager at Risk (“CM@Risk”) as described
herein and in the “CM@Risk Standard Form Agreement Between Owner CM@Risk” (“CM@Risk
Agreement”) which is incorporated by reference. The phases and subphases are to be performed
in the sequence set forth in the Scope of Services, and DP shall not proceed with the next phase or
subphase in the Scope of Services without prior written authorization from the Owner.

2.1.1.1 Essential Conditions. Due in part to the nature of the work DP is to perform, it is
understood that the times for commencing and completing the DP’s Professional Services as
specified herein are ESSENTIAL CONDITIONS of this DP Agreement. It is mutually understood
and agreed that the Professional Services by DP set forth in this DP Agreement shall be promptly
commenced on a date to be specified in a notice to proceed, and in no event later than the day after

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 7

the execution of this DP Agreement, whichever first occurs. Consistent with the Standard of Care
set forth in this DP Agreement, all Professional Services shall be prosecuted regularly, diligently,
and uninterruptedly at such rate of progress as will assist the CM@Risk to complete the Project
within the time set forth in the Scope of Services and pursuant to the “Exhibit B – Schedule of
Payments”(“Schedule of Payments”).

2.1.1.2 DP Agreement Documents. The “DP Agreement” is comprised of the following in
order of precedence:

2.1.1.2.1
This DP Agreement including Exhibits, as subsequently modified
by Amendments, Addenda, or Supplemental Authorizations. Within the Agreement and its
Exhibits, the following Order of Precedence applies:

(i)
This Agreement

(ii)
Exhibit A – Scope of DP Services (Scope of Services)

(iii)
Exhibit B – Schedule of Payments (Schedule of Payments)

(iv)
Exhibit C – DP Proposal

(v)
Exhibit D – Dispute Resolution Procedures

2.1.1.2.2
Owner’s Request for Qualifications (RFQ) including all Exhibits,
Addenda and Clarifications.

2.1.1.2.3
The DP’s qualifications submission as required by the RFQ,
including any clarifications and revisions of the submission.

2.1.1.2.4
The following other documents, if any, forming part of the
Agreement: This section may be further amended during construction of the Project.

2.1.1.3 Changes.

2.1.1.3.1
The Owner may at any time, by written notice to DP, make changes
within the general scope of this DP Agreement including, without limitation, to any one or more
of the following: (i) the Scope of Services, including required drawings, designs, or specifications;
(ii) method of delivery; (iii) Schedule of Milestones; and (iv) the time for completion.

2.1.1.3.2
If any such change causes an increase or decrease in the cost of, or
the time required for, performance of any part of this DP Agreement, whether or not identified in
the notice, the Owner shall make equitable adjustments to the DP’s Basic Compensation, as
defined below, the Milestone Schedule, or the time for completion, or shall otherwise modify this
DP Agreement as appropriate.

2.1.1.3.3
The DP must assert its right to an equitable adjustment under this

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 8

clause within thirty (30) days from the date of receipt of the written notice from the Owner. Owner
may, in its sole and absolute discretion, consider and/or deny requests for equitable adjustment
that are made more than thirty (30) days from receipt of the written notice, but in any event before
final payment under this DP Agreement.

2.1.2 Definitions. Unless otherwise specified, capitalized terms in this DP Agreement have the
same meaning as set forth in the General Conditions to the CM@Risk Agreement for the Project,
a copy of which has been provided to DP and is incorporated herein by reference. In addition, the
following definitions shall apply:

2.1.2.1 “CM@Risk” means the CM@Risk defined in the CM@Risk Agreement and all
persons and entities identified as members of the CM@Risk Team in the CM@Risk’s response to
the Owner’s RFQ which led to the CM@Risk Agreement with all amendments, and any substitutes
permitted under the terms of the CM@Risk Agreement. The CM@Risk participates in the Pre-
Construction Phase as set forth in the CM@Risk Agreement by, among other things, doing value
engineering, evaluating costs and constructability, preparing schedules, and evaluating
implications of alternate designs and systems and materials during and after design of the Project.
During construction, the CM@Risk assumes all risk for price and schedule under the CM@Risk
Agreement and its GMP.

2.1.2.2 “CM@Risk Agreement” means the contract (Standard Form of Agreement
Between Owner and CM@Risk, including its Exhibit A – CM@Risk General Conditions) between
Owner and the CM@Risk or any replacement CM@Risk or, if the Owner terminates the contract
with the CM@Risk and elects to proceed using a different contractor it means the contract and
general conditions between the Owner and the final contractor. The CM@Risk Agreement and
General Conditions are sometimes referred to individually as the “Construction Contract” and its
“General Conditions,” respectively.

2.1.2.3 “Construction Costs” (or “Cost of the Work”) consists of those items of Work which
are paid for by the Owner to the CM@Risk, and consists of those categories of Direct Construction
Costs and Indirect Construction Costs set forth as allowable in Exhibit C to the CM@Risk
Agreement. It does not include any design or consulting fees, the CM@Risk’s fees for Design
(Preconstruction)
Phase
services,
survey
and
testing
costs,
or
readily
movable
furnishings/equipment, unless agreed to in advance in writing by the Owner.

2.1.2.4 “Construction Documents” are the plans and specifications prepared by the DP for
the Project, approved by the Owner, and incorporated into the CM@Risk Agreement by reference
after such approval, to be used to construct the Project. All amendments and modifications to the
Construction Documents must be approved by the Owner prior to incorporation into the CM@Risk
Agreement.

2.1.2.5 “Construction Phase” is defined as including the following subphases: construction
administration, closeout, and warranty, and may include some activities that occur after Final
Completion.

2.1.2.6 “Consultant” is an entity or person, other than the CM@Risk or the DP, who

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 9

performs any design or engineering services directly on behalf of the Owner, and shall include all
employees, agents and authorized representatives of such entities or persons.

2.1.2.7 “Contract Time” shall mean the time period for DP’s performance of the Scope of
Services and completion of the Project as set forth in the Scope of Services.

2.1.2.8 “Day” refers to the calendar day unless otherwise denoted.

2.1.2.9 “Design Phase” is defined as including but not limited to the following subphases:
Program Development, Conceptual Design, Schematic Design, Design Development, 50%
Construction Documents / GMP-Setting, and creation of 100% Construction Documents.

2.1.2.10 “Design Professional” or “DP” refers to the entity set forth in the preamble of
this DP Agreement and is a representative of the Owner for the Project as provided in the DP
Agreement Documents, whose Agreement is with the Owner, and a) who is a qualified
professional properly licensed in the State of Arizona to furnish applicable design and construction
administration services, and b) is not the representative of the Owner except for the approval and
certification of CM@Risk progress payment applications, and Substantial Completion, if so
designated.

2.1.2.11 “Design Professional Basic Services” or “Basic Services” is defined as all
services described in the Scope of Services and this DP Agreement.

2.1.2.12 “Design Professional Additional Services” or “Additional Services” is defined as
all services not described in the Scope of Services and this DP Agreement, but that are otherwise
requested and authorized by Owner, in writing.

2.1.2.13 “Design Submission Documents” or “Design Documents” consist of the
Drawings and Specifications prepared at specific phases of the design effort by the DP including
Programming, Conceptual Design, Schematic Design, Design Development, 50% Construction
Documents / GMP Setting, and 100% Construction Documents, as well as cost estimates and other
documents prepared by the CM@Risk that are submitted for Owner’s approval for each subphase
of the Project design services.

2.1.2.14 “Final Completion” is defined as 100% completion of all Work by the
CM@Risk described by or reasonably inferred from the Project Criteria and Contract Documents,
including but not limited to all a) punch lists, b) Close-Out Documents, c) Owner training/start up
activities, and d) third party commissioning (if any).

2.1.2.15 “Partnering” or “Teaming” is a mutual effort by all parties involved in the
Project, principally the Owner, the DP and the CM@Risk, to cooperate and coordinate efforts to
achieve the final result intended by the Project Criteria. All involved use their expertise for the
benefit of all. Partnering requires flexibility and appreciation of the positions of other parties and
willingness to make compromises for the benefit of all. Owner has the exclusive right to decide
whether or not to use Partnering on the Project and will indicate its decision on this during the Pre-
Construction Phase.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 10

2.1.2.16 “Probable Construction Cost” is the estimate of the Construction Costs that is to
be prepared by the DP for presentation to the Owner.

2.1.2.17 “Project Budget” is the total cost to the Owner for the Project, including the
payments to DP, CM@Risk’s Pre-Construction Phase Fee, the GMP, other Consultants, furniture,
fixtures, and equipment, site acquisition, permit fees, management fees, owner-supplied labor,
materials and equipment, and other incidentals required to achieve Final Completion of the
Project.

2.1.2.18 “Project Criteria” are developed by or for Owner to describe Owner’s program,
requirements and objectives for the Project, including use, space, price, time, site, utility, parking,
and expandability requirements, as well as all submittal requirements and other requirements
affecting CM@Risk’s performance of its Work. The Project Criteria may include conceptual
documents, design criteria, performance requirements, and other Project specific technical
materials and requirements prepared by or for Owner.

2.1.2.19 “Punch List” are those minor items of Work identified and listed by DP and
agreed to by Owner to be completed by CM@Risk after Substantial Completion and prior to Final
Completion, which do not prevent the Project from being fully used for the purpose for which it is
intended and which will not prevent the issuance of a certificate of occupancy.

2.1.2.20 “Standard of Care” is the performance standard under which DP shall provide
its Professional Services and is defined as: the skill, care and competence exercised by members
of the applicable professional discipline currently practicing under similar circumstances. The DP
shall perform the Professional Services as expeditiously as is consistent with the Standard of Care
and the orderly and timely progress of the Project and Project Schedule.

2.1.2.21 “Subconsultant” is an entity or person who performs any services directly on
behalf of the DP, and shall include all employees, agents and authorized representatives of such
entities or persons.

2.1.2.22 “Subcontractor” (of any tier) is any entity or person who performs a portion of
the Work, on or off site, directly on behalf of the CM@Risk, including any materials, workers and
suppliers, and shall include all employees, agents and authorized representatives of such entities
or persons.

2.1.2.23 “Substantial Completion” is the date on which CM@Risk’s Work, or an agreed
upon portion of the Work, is sufficiently complete, as determined by the DP or Owner’s issuance
of a Certificate of Substantial Completion, so that Owner can fully occupy and utilize the Project,
or a portion thereof, for the purposes for which it is intended. In order to achieve Substantial
Completion, all Work must be complete except for items included on the approved punch list. As
part of Substantial Completion all required inspections, State Fire Marshal and State Elevator
certificates, Boiler inspection, ACC inspection for natural gas lines, and preliminary test and
balance of the mechanical system must be obtained or completed. (Note – The Owner retains the
right to require inspections of the Work past those inspections required for Substantial Completion

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 11

and such inspections may be required through the date of Final Completion.)

2.1.3 Cooperation.

2.1.3.1 Pursuant to the Standard of Care, Owner and DP will cooperate with each other and with
the CM@Risk and others involved in the Project to the maximum extent possible and to proceed
on the basis of trust, confidence, and good faith to permit each party to this DP Agreement and
the CM@R to realize the goals sought and benefits afforded under this DP Agreement. Those
goals and benefits include the satisfactory and timely completion of the Project and the
performance of all obligations described by this DP Agreement.

2.1.3.2 The Owner, DP, and CM@Risk will hold a mandatory Kick-Off Meeting after execution
of both this DP Agreement and the CM@Risk Agreement to discuss issues affecting the
administration of the Project and to implement procedures to permit the Owner, the DP, and the
CM@Risk to promptly and efficiently perform their respective obligations under this DP
Agreement and the CM@Risk Agreement. At this meeting, the DP, the Owner and the CM@Risk
will establish required meetings to discuss ongoing project issues. Written meeting minutes shall
be distributed to all attendees in accordance with the “Meetings and Communication” Section of the
Scope of Services within two (2) business days after each meeting. Among other matters to be
covered at this meeting, the Owner, the DP and the CM@Risk will work out and agree upon
procedures for efficient interaction among them during the Design Phase of the Work so that the
DP, the CM@Risk and the Owner can thereafter perform efficiently and in a cooperative and
mutually supportive manner the activities, functions and obligations contemplated by this DP
Agreement and the CM@Risk Agreement. Among other subjects to be covered are:

(i)
Agreeing to a comprehensive and all-inclusive list of goods, materials or
equipment that have other than short lead time and arranging to have such
items placed on order for timely delivery;

(ii)
Arrangements for collaboration between the DP and the CM@Risk in
preparing Design Submission Documents for the Program Development (to
the extent needed), Conceptual Design, Schematic Design, Design
Development, 50% Construction Documents / GMP-Setting, and 100%
Construction Documents subphases and in submitting each set of Design
Submission Documents to the Owner for its review and comments. Also to
be agreed upon are arrangements for group discussions by DP, CM@Risk
and Owner of the Design Submission Documents, the Program
Development documents, the Conceptual Design documents, the Schematic
Design documents, the Design Development documents, the 50%
Construction Documents / GMP-Setting documents, and the 100%
Construction Documents;

(iii)
Arrangements that encourage frequent informal interaction among the DP,
the Owner and the CM@Risk during the Design Phase, especially between
submissions of Design Submission Documents under item (ii), including
among other activities, the DP resolving constructability or other questions

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 12

with the CM@Risk and otherwise obtaining the benefit of the CM@Risk’s
construction knowledge and experience and the DP using that information
in its design work on the Project;

(iv)
A schedule for all activities of the CM@Risk, the Owner and the DP to be
performed during the Pre-Construction Phase; and

(v)
A prompt review of key contract provisions, schedule goals and
coordination concerns, procedures for paperwork processes, and any other
items of importance based on the Project’s specific attributes.

At the Kick-Off meeting, the Owner and the CM@Risk (with assistance from the DP) will also
develop the procedures for pre-qualification of Subcontractors to bid on the bid packages under
Article 2.2.4.6.2 of the General Conditions.

2.1.3.3 The DP shall cooperate with the Owner and the CM@Risk in the design and construction
of the Project and must keep the Project within the Owner’s Project Budget and the schedule
requirements. The CM@Risk, the Owner, and the DP, called the “Project Team”, shall
cooperatively work together during all phases of the Project in which they are involved to achieve
expedited completion of the Project in accordance with Owner’s Project Budget and time
constraints. While the CM@Risk shall provide leadership to the Project Team during the Design
Phase for all cost, schedule, or constructability review and choice of building systems issues and
on all matters relating to construction, the DP is to assist and cooperate on these items to the
maximum extent possible.

2.1.3.4 The DP shall promptly and reasonably cooperate with the CM@Risk in the CM@Risk’s
development of its estimates of Construction Costs and Guaranteed Maximum Price (“GMP”).

2.1.3.5 The DP shall evaluate the Owner’s preliminary Project Budget with the assistance of the
CM@Risk. The Owner shall furnish the DP with the dollar amount within the Owner’s Project
Budget available for the Work. The DP’s estimates of probable Construction Costs shall not exceed
this amount. The amount within the Owner’s Project Budget available for Work may be revised
only by an Owner-approved written modification of this DP Agreement.

2.1.4 Personnel. A listing of key employees assigned directly to this Project on a day- to-day basis
as well as alternates (replacements) has been furnished to and approved by the Owner prior to
execution of this DP Agreement, and is attached as a part of “Exhibit C – DP Proposal”. Any
substitutions of assigned personnel shall have prior, written approval by the Owner and shall be
proposed from the list of acceptable alternates. Any changes of personnel within the DP firm or
any listed Subconsultant firms assigned to the project will require advance written approval of the
Owner so long as approved personnel remain employees of the DP firm and/or the listed
Subconsultant firm and are capable of performing the required services.

2.1.5 RESERVED.

2.2
Design Phase. During the Design Phase, DP will provide the services set forth in the Scope

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 13

of Services for the following subphases of the Design Phase: Program Development, Conceptual
Design, Schematic Design, Design Development, 50% Construction Documents / GMP-Setting,
and 100% Construction Documents.

2.3
Construction Phase. During the Construction Phase, DP will provide the Services set forth
in the Scope of Services for the following subphases of the Construction Phase: Construction
Administration, Closeout, and Warranty.

2.4
DP’s Professional Responsibilities.

2.4.1 DP represents that it and the professional staff and Subconsultants it will assign to the
project (registrants with the Arizona Board of Technical Registration and others), are fully
qualified by education, technical training, and experience as professionals to perform the
Professional Services and contract administration called for by this DP Agreement.

2.4.2 DP agrees that in performing the Professional Services it will exercise the Standard of Care
and cause its Subconsultants to exercise the same. DP will also cause all Subconsultants it employs
to meet this same Standard of Care.

2.4.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the DP
Agreement and notwithstanding any applicable law barring recover for any economic loss caused
by DP, DP acknowledges that a violation of the Standard of Care causing injury or damage to Owner
is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or
indemnity remedy, a tort claim for professional negligence against DP.

2.4.4 Although the Owner has the right to make claims in tort for professional negligence against
DP, as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful
conduct or errors or omissions of DP or any of its Subconsultants, DP agrees it shall also be
responsible for and shall indemnify and hold Owner, City of Glendale, Arizona, harmless from any
and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence,
recklessness, or intentional wrongful conduct or errors or omissions in the Design Documents
prepared by DP or DP’s Subconsultants for Owner by the DP or DP’s Subconsultants or in the
construction administration during the Construction Phase.

2.4.5 Notwithstanding Articles 2.4.1 through 2.4.4, Owner may hold DP responsible or liable for
any costs associated with DP’s failure to meet the Standard of Care, only to the extent such costs
exceed two percent (2%) of the GMP in effect at the time of Final Completion. It is understood
and agreed that this 2% share shall apply to the aggregate amount of costs for the failure to meet
the Standard of Care and not to each failure individually. This 2% share shall not apply to claims
for property damage, personal injury, or death, whether incurred by Owner, or third parties,
including without limitation the indemnity obligations in Article 9.14.
Owner shall deliver to DP a list of errors or omissions amounts that Owner has determined it has
absorbed or will absorb in whole or in part.

2.4.6 At all times during this DP Agreement, DP shall comply with, and shall ensure its
Professional Services comply with, all applicable laws, statutes, ordinances, regulations, rules or

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 14

codes.

2.4.7 Owner acceptance of the Design Documents provided to it by the DP and the DP’s estimates
of Probable Construction Cost shall not relieve the DP from any responsibility for errors or
omissions in those regards, nor from any other obligation of the DP under this DP Agreement or
applicable laws, statutes, ordinances, building codes, rules and regulations, or operation of law.

The DP acknowledges and agrees that approval by the Owner and the CM@Risk and involvement
of the CM@Risk and the Owner during the Design Phase (including, without limitation,
recommendations by the CM@Risk or Owner as to the design), in no way relieves the DP of
responsibility for the Design Documents. The DP, CM@Risk, and the Owner will cooperate in
the resolution of such matters so as to minimize any detrimental impact upon the Project.
However, such cooperation shall not be deemed a waiver of any rights the Owner may have
relating to the DP.

2.4.8 The DP hereby agrees, subject to the Standard of Care, that it shall have the same legal
responsibility to the Owner as the Owner has, or may have, to others arising out of, or resulting
from, any errors or omissions of the DP.

2.4.9 All Drawings and Specifications shall bear the signature and seal of the DP or the DP’s
Subconsultants, or both as appropriate. The DP as lead professional shall be fully responsible for all
design and administration provided under this DP Agreement.

2.4.10 The DP shall prepare and provide all documents in a form necessary for Owner to obtain
any and all approvals required for approval of design and completed construction by all
governmental authorities having jurisdiction over the Project and/or designated by the Owner. The
Owner will sign applications and pay applicable fees for such governmental approvals.

2.4.11 The DP shall advise and consult with the Owner, if requested by the Owner, on selection
of the CM@Risk. Further, the DP shall actively participate in discussions between the Owner and
the CM@Risk regarding negotiations about the GMP and its acceptance by Owner. The DP shall
review all GMP deliverables and advise Owner of any deficiencies in any GMP documents or
proposals submitted by CM@Risk to Owner.

2.4.12 The DP shall advise the Owner on the acceptability of Subcontractors and material suppliers
proposed by the CM@Risk. Among other things, DP shall assist the CM@Risk in the pre-
qualification of Subcontractors and in the preparation of drawings, specifications and information
for the purpose of preparing the Subcontractor bid packages. The DP shall not be responsible for
the performance of the CM@Risk, the Construction Contract(s), or for any defects, deficiencies or
effects resulting solely from any contractor, subcontractor, manufacturer, supplier, and fabricator
retained by the Owner, CM@Risk, or any other third party. Nothing in this DP Agreement shall
be construed as giving the DP the responsibility for or the authority to control, direct or supervise
construction means or methods.

2.4.13 The DP shall prepare complete and useable plans and specifications for the CM@Risk’s
use for each portion of the Work to be bid separately and, if the Work is done in phases, complete

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 15

plans and specifications for each phase.

2.4.14 If and to the extent Owner has given its prior approval, DP shall provide written
interpretations and clarifications of the Construction Documents requested by the CM@Risk or
any potential bidder.

2.4.15 Provide such other reasonable assistance to the CM@Risk as the CM@Risk and Owner
request.

2.4.16 All of the above notwithstanding, award of the CM@Risk Contract and approval of the
GMP will be made solely by the Owner. Award of the CM@Risk subcontracts will be made solely
by the CM@Risk.

2.4.17 If at any time the CM@Risk’s estimate of Construction Costs or proposed GMP or the DP’s
estimate of Probable Construction Costs (after attempted reconciliation between the CM@Risk’s
Estimate of Construction Costs and the DP’s Estimate of Probable Construction Cost, and with the
amount within the Owner’s Project Budget available for the Cost of the Work) exceeds the amount
within Owner’s then current Project Budget available for the Cost of the Work, the DP shall
promptly and at no cost to the Owner:

2.4.17.1
Revise all or any part of the Project drawings, specifications or both
as the Owner may deem advisable for the purpose of reducing the Cost of the Work to be within
the allocated line items within the Project Budget.

2.4.17.2
Perform any or all of the services described above as may be
necessary to obtain a CM@Risk estimate of Construction Costs and GMP not exceeding the
amount within Owner’s current Project Budget available for costs of the Work.

2.4.17.3
If at any time the Owner terminates the CM@Risk Contract for
convenience or for other reason, the Owner will have the right to continue the Project with
whatever project delivery method it selects and the DP will continue to perform the Professional
Services under this DP Agreement with the Owner and any substitute contractor for the
construction. Owner will make appropriate changes to the DP Agreement if required.

Article 3
Additional Services.

3.1
The following additional services shall be provided by DP only when authorized in writing
by Owner before they are performed, and shall be paid for by the Owner in accordance with the
terms of this DP Agreement in addition to the DP’s compensation for Basic Services:

(i)
Providing financial feasibility or other special studies.

(ii)
Providing services relative to future facilities, systems, and equipment, which
are not intended to be constructed during the Construction Administration
subphase.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 16

(iii)
Providing interior design and all other similar services required for or in
connection with the selection, procurement or installation of movable
furniture, furnishings, and related equipment if not expressly stated in this DP
Agreement.

(iv)
Providing consultation concerning replacement of any work damaged by fire,
natural causes or forces majeure during the course of construction.

(v)
Retaining services of a competent surveyor or registered engineer or to provide
any special inspections or tests, as required by code or prudent practice, during
the Construction Administration subphase.

(vi)
Providing additional services arising from the default of the CM@Risk or the
default of any of its Subcontractors.

(vii)
Providing assistance required by the Owner in any judicial, quasi-judicial,
administrative, or legislative hearings or proceedings relating to the Project.

(viii) Providing staff, professional and otherwise, when directed in writing by
Owner, to perform tasks and duties assigned as necessary to prevent slippage
in progress schedule and/or timely completion of the construction Work.

(ix)
Providing other reasonable services.

3.2
If the Owner and the DP agree at the pre-construction meeting on more extensive
representation at the site during the Construction Administration phase than is described in Article
2, the DP shall provide one or more full-time Project Representatives. Such full-time Project
Representatives shall be selected, employed and directed by the DP, and the DP shall be
compensated for such services as mutually agreed in writing between the Owner and the DP.

3.3
Any full-time Project Representatives or replacements shall be subject to prior approval by
the Owner. The Owner reserves the absolute right to reject or require replacement of any Project
Representatives.

3.4
The DP shall not engage, contract with or use the services of any Subconsultants, without
obtaining the prior written approval of the Owner. The DP shall submit to the Owner for approval
a report of the scope of services to be provided by each such special Subconsultant, with the
Owner’s acknowledgment thereof. No provision of this DP Agreement and no approval by the
Owner of the scope of services to be provided by the Subconsultants shall be construed as an
agreement between the Owner and any Subconsultant of the DP or in any way affect the
responsibilities of the DP hereunder, and, unless otherwise agreed to in writing by the Owner, the
fees of any Subconsultants retained by the DP shall be deemed covered by the Basic Compensation
to be paid by the Owner to the DP.

Article 4
Reimbursable Expenses.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 17

4.1
The Price for Basic Services includes all expenses that the DP may incur for services,
supplies and travel, and as such expenses are not separately reimbursable. DP may request Owner
to reimburse DP for any additional expenses for supplies and travel, provided that expenses
associated with such additional travel (mileage, lodging and meals) is subject to Owner’s current
travel policies applicable to Owner’s employees, unless Owner specifically authorizes a different
reimbursement rate in writing in advance of the incurrence of such expenses by DP. No markups
are allowable on Owner-approved reimbursable expenses. All Owner-approved reimbursable
expenses shall be invoiced at and paid at actual cost.

In the event the DP is entitled to reimbursement of expenses under this DP Agreement, DP shall
submit all receipts and any other reasonably required backup documentation to Owner within sixty
(60) days after such expense is incurred. Owner shall not be required to reimburse DP for expenses
received by Owner after that time.

Article 5
Owner’s Responsibilities.

5.1
The Owner will provide all preliminary information available to Owner regarding the
requirements for the Project including budget information and, unless otherwise agreed to in
writing, Project Criteria, by the date of the Kick-Off meeting described in Section 2.1.3.2 above.
The DP shall notify the Owner in writing if the DP requires additional information and of any
information provided by the Owner which the DP believes to be unclear or insufficient for the
successful completion of the Project.

5.2
The Owner will designate a representative, as set forth in Section 1.7.1, to act on its behalf
with respect to the Project at all relevant times until Final Acceptance. Upon request, the Owner
will provide the DP with a copy of the executed CM@Risk Agreement. Upon request, the Owner
will provide the CM@Risk with an executed copy of this DP Agreement.

5.3
If the Owner should observe or otherwise become aware of any error or omission in the
design of the work or any non-conformity with the Design Documents, Owner will give prompt
written notice thereof to the DP and the CM@Risk.

5.4
If required in the Scope of Services or requested in writing by the Owner, Owner will
reimburse the DP for the DP's reasonable actual cost for retaining surveyors, engineers, or other
Subconsultants in connection with the following items, provided such information is specifically
requested by the DP or the Owner and the necessity and cost is approved by the Owner in writing
before it is incurred:

5.4.1 Survey of Existing Site Conditions. A complete and accurate survey of the building
site and existing improvements including but not limited to the grades and lines of streets,
pavements, and adjoining properties, contours of the building site, and full information as to sewer,
water, gas, electrical service, telephone lines, or other utilities.

5.4.2 Report on Subsurface Investigations. Professional recommendations regarding
local conditions accompanied by test borings, or test pits, soil bearing values, percolation tests, air
and water pollution tests, ground corrosion and resistivity tests including necessary operations for

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 18

determining subsoil, air and water conditions, and chemical, mechanical, laboratory or other tests.

5.4.3 All other tests required by mutual agreement between the Owner and DP. The
surveys, reports, tests, and any other information described under this Article shall be obtained by
the DP, unless otherwise specified by written amendment to this DP Agreement. In the event such
information is furnished by the Owner, the DP, consistent with the Standard of Care and unless
otherwise specifically provided herein, shall carefully examine them and advise the Owner of any
inadequacies or deficiencies.

5.4.4 Unless otherwise required by the Standard of Care or this DP Agreement, DP shall
have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure
to persons of hazardous materials in any form, at the Project Site.

Article 6
Compensation for the DP’s Services.

6.1
Payment for Basic Services and Reimbursable Expenses.

6.1.1 Payments for Basic Services and Reimbursable Expenses shall be pursuant to the
Schedule of Payments, attached hereto, and incorporated herein. Payments to DP by Owner shall
be made monthly to DP, within thirty (30) days after the Owner receives the DP's properly itemized
Statement for Basic Services and Reimbursable Expenses in such form and accompanied by such
supporting documentation as Owner may direct. If the Owner determines that any amounts
requested by the DP are not due or are not sufficiently documented, the Owner will furnish the DP
with notice of the reasons for withholding payment along with the Owner's payment on account of
the balance of the statement. Amounts withheld will be paid upon proper resubmission.

6.1.2 For Basic Services, the DP's basic compensation shall be as set forth in Article 1.6,
Fee.

6.1.3 When DP's basic compensation is based on a stipulated sum, the payments for Basic
Services shall be allocated to each phase or subphase in accordance with Contract Time, and the
Schedule of Payments.

6.1.4 When any part of the Project is deleted or otherwise not constructed, compensation
for such portions of the Project shall be payable to the extent services are performed on such
portions in accordance with the schedule set forth in the Schedule of Payments.

6.1.5 If and to the extent that the time initially established for completion of the
Construction Administration Subphase of the Project is exceeded or extended beyond the
established completion date through no fault of the DP as determined by the Owner, compensation
for Basic Services required for such extended period of administration of the CM@Risk
Agreement shall be computed and paid as set forth in Article 6.2 “Payment for Additional
Services”.

6.1.6 DP shall pay to each of its Subconsultants within thirty (30) days of receipt of its
monthly payment from Owner, that amount properly due and payable to said Subconsultant for

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 19

services performed within the payment period. DP shall, by an appropriate agreement with each
of its Subconsultants, require each such Subconsultant to make payments to its sub-subconsultants
in a similar manner. Upon request of the Owner, DP shall furnish documentary evidence of
compliance with these payment provisions.

6.2
Payment for Additional Services.

6.2.1 Payments for Additional Services shall be made monthly, within thirty (30) days
after the Owner receives the DP's properly itemized statement for additional services in such form
and accompanied by such supporting documentation as Owner may direct and at such rates as have
been previously agreed upon. If the Owner determines that any amounts requested by the DP are
not due or are not sufficiently documented, the Owner will furnish the DP with notice of the
reasons for withholding payment along with the Owner's payment on account of the balance of the
statement. Amounts not paid may be resubmitted with proper documentation.

6.2.2 For such Additional Services as are in the nature of project undertakings beyond
that specified for Basic Services, as approved in writing by the Owner, the DP's compensation
shall be as follows: As per the hourly rates as listed in “Exhibit C – DP Proposal”.

6.2.3 Reserved.

6.2.4 For all Additional Services, as approved in writing by the Owner, the DP’s
compensation will be computed using one or more of the following:

(i)
Mutually agreed upon adjustments to the Stipulated Sum computed using the
hourly rates as listed in “Exhibit C - DP Proposal”;
(ii)
A negotiated Fixed Fee amount; or
(iii)
Other mutually agreed upon basis.

Article 7
Reserved.

Article 8
DP’s Accounting Records.

8.1
The DP's records pertaining to its the Professional Services shall be kept on a generally
recognized accounting basis and shall be available to the Owner or his authorized representative
upon request for a period of five years from the date of Final Payment to the CM@Risk.

8.2
The DP shall retain and require its Subconsultants to retain, for inspection and audit by the
Owner, all books, accounts, reports, files and other records relating to the negotiation and
performance of this DP Agreement for a period of five years from the date of Final Payment to the
CM@Risk.

8.3
Upon request by the Owner, the original or a legible copy of the originals of all such
accounting records shall be produced by the DP or Subconsultants at the address designated by the
Owner.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 20

Article 9
Insurance and Indemnity against Liability.

The DP shall not commence any of the Professional Services until it obtains all required insurance
and delivers to the Owner the certificates of insurance or other proof required by this DP
Agreement. The DP shall not permit Subconsultants to commence Work until Subconsultants have
complied with all applicable insurance requirements.

Insurance coverage as required by this DP Agreement shall be maintained until Final Completion
of the Project, for the period(s) specified herein, and any longer specific periods set forth in the
Contract Documents or available by law.

9.1
Minimum Scope and Limits of Insurance. Without limiting any liabilities or any other
obligations of the DP, the DP shall provide and maintain, and cause its Subconsultants to provide
and maintain, insurance coverage in such types and amounts as requested by Owner and with duly
licensed or approved non-admitted insurers in the state of Arizona and rated at least A-VII in the
current A.M. Best Company ratings. DP shall provide Owner with certificates of insurance
showing Subconsultant’s insurance if requested by Owner. The Owner in no way warrants that the
above-required minimum insurer rating is sufficient to protect the DP or any Subconsultant from
potential insurer insolvency.

9.2
Worker's Compensation Insurance. DP shall procure and maintain worker's compensation
insurance to cover obligations imposed by federal and state statutes having jurisdiction over the
DP, its employees, or both, engaged in the performance of services under this DP Agreement. DP
shall maintain coverage through Final Completion for all employees engaged in the performance
of services under this DP Agreement.

Worker’s Compensation
Employer’s Liability
Statutory
Each Accident
$ 1,000,000
Disease – Each Employee
$ 1,000,000
Disease – Policy Limit
$ 1,000,000

The policy shall be endorsed to contain a waiver of subrogation against the City of Glendale,
Arizona, and its officers, officials, agents, and employees for losses arising from the Professional
Services performed by or on behalf of the DP.

This requirement shall not apply to: Separately, each Consultant, Contractor, Subcontractor or
Subconsultant that is exempt under A.R.S. §23-901, and when such Consultant, Contractor,
Subcontractor or Subconsultant executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.

9.3
Commercial General Liability Insurance. The policy shall be an occurrence form policy
and shall include coverage for bodily injury, broad form property damage (including completed
operation), personal injury (including coverage for contractual and employee acts), and contractual
products. Said policy shall be endorsed to contain a severability of interest provision, and shall
not contain any provision which would serve to eliminate third-party action over claims. DP shall

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 21

maintain coverage through Final Completion for DP and shall require all Subconsultants engaged
in the performance of services under this DP Agreement to do the same.

•
Each Occurrence
$1,000,000
•
General Aggregate
$2,000,000
•
Products – Completed Operations Aggregate
$1,000,000
•
Personal and Advertising Injury
$1,000,000
•
Contractual Liability – Written and Oral
$1,000,000
•
Fire Legal Liability
$50,000

The policy shall be endorsed to include the following additional insured language: “City of
Glendale, Arizona, and its officers, officials and employees shall be named as additional insureds
with respect to liability arising out of the activities performed by or on behalf of the DP".

The policy shall be endorsed to contain a waiver of subrogation against the City of Glendale,
Arizona, and its officers, officials, and employees for losses arising from work performed by or on
behalf of the DP.

9.4
Business Automobile Liability Insurance.

Each Accident
$1,000,000

DP shall procure and maintain Commercial/Business automobile liability insurance with a
minimum, combined single limit for bodily injury and property damage of not less than $1,000,000
each accident with respect to the DP’s owned, hired, or non-owned vehicles assigned to or used in
performance of the Professional Services.

DP shall maintain coverage through Final Completion for DP and all Subconsultants engaged in
the performance of services under this DP Agreement.

9.5
Professional Liability Insurance.

Limits:
Each Claim
$1,000,000
Annual Aggregate
$2,000,000 (Total Aggregate for Project)

These limits may be lowered for DP’s Subconsultants with written approval from Owner.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 22

9.5.1 The policy shall cover negligence, errors and omissions, and lack of ordinary skill
for those positions defined in the DP Agreement, including the Scope of Work and, except as set
forth in section 9.5.2, shall be an occurrence form policy.

9.5.2 In the event that the professional liability insurance required by this DP Agreement
is written on a claims-made basis, DP warrants that any retroactive date under the policy shall be
no later than the effective date of this DP Agreement, and that either continuous coverage will be
maintained or an extended discovery period will be exercised for a period of two (2) years
beginning at the time of Final Completion.

9.5.3 DP is required to maintain unimpaired aggregate limits for this insurance. In the
event aggregate limits become impaired by claims or payments during the coverage term required
by this DP Agreement, DP shall notify Owner within 30 days of becoming aware of such
impairment, and shall procure additional coverage to restore full aggregate limits. Any new
coverage procured must have a retroactive date no later than the date the original limits became
impaired.

9.5.4 The policy shall be endorsed to contain a waiver of subrogation against the City of
Glendale, Arizona, and its officers, officials, and employees for losses arising from work
performed by or on behalf of the DP.

9.6
Additional Insurance Requirements.

9.6.1 Reserved.

9.6.2 The DP’s insurance coverage shall be primary insurance with respect to all
other available sources, except for Worker’s Compensation insurance. Any self-insurance or
other insurance carried by the City of Glendale, Arizona, and its officers, or employees, if any,
shall be excess and not contributory to the insurance provided by the DP.

9.6.3 Coverage provided by the DP shall not be limited to the liability assumed
under the indemnification provisions of this DP Agreement.

9.7
Proof of Insurance. DP shall provide to the Owner certificates of insurance (ACORD form
or equivalent approved by the Owner) evidencing the coverages and endorsements required herein
as proof that the policies providing the required coverages and endorsements are in forceand effect
prior to the DP’s performing any of the Professional Services on behalf of the Owner. The
certificates for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. Such certificates shall identify this DP Agreement or be an annual or
periodic certificate stating that it covers any and all projects or work performed by the DP during
said period. Certificates of insurance should be addressed as follows:

City of Glendale
Risk Management Department
5850 W. Glendale Avenue
Glendale, AZ 85301

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 23

Owner has the right to request and to receive, within ten (10) business days, certified copies of any
or all of the policies and/or endorsements required in this DP Agreement. Owner shall not be
obligated to review same or to advise DP of any deficiencies in such policies and endorsements,
and such receipt shall not relieve DP from, or be deemed waiver of, Owner's right to insist on strict
fulfillment of DP’s obligations under this DP Agreement.

9.8
Cancellation or Failure to Provide or Maintain Insurance. In the event any insurance
coverage required in this Article 9 is canceled, reduced, or terminated, DP agrees to provide notice
to Owner within 30 days and replace the insurance without any lapse of protection to Owner.
Failure on the part of the DP to procure or maintain the required insurance shall constitute a
material breach of this DP Agreement upon which the Owner may immediately terminate this DP
Agreement, or at its discretion procure new or renew such insurance and pay all premiums in
connection therewith, and all monies so paid by the Owner shall be repaid by the DP to the Owner
upon demand (with interest), or the Owner may offset the cost of such premiums together with
interest at the statutory legal rate against any money due the DP from the Owner. Costs for
coverages maintained by the DP in excess of those required hereunder shall not be charged to the
Owner.

9.9
Authorization to Obtain Information. The Owner may, and the DP hereby authorizes the
Owner to, request and receive directly from insurance companies utilized by the DP in meeting the
insurance requirements any and all information reasonably considered necessary in the sole
discretion of the Owner.

9.10
Waiver. DP and its insurers providing the coverages required above shall and do hereby
waive all rights of recovery against the City of Glendale, Arizona, and its officers and employees.

9.11
Claim Reporting. Any failure to comply with the claim reporting provisions of the policies
or any breach of a policy warranty shall not affect coverage afforded under the policy to protect
Owner.

9.12
Self-insurance. The policies specified herein may provide coverage which contains
deductibles or self-insured retentions. Such deductibles and/or self-insured retentions shall not be
applicable with respect to the coverage provided to Owner under such policies. The DP shall be
solely responsible for deductible and/or self-insured retention, and Owner, at its option, may
require the DP to secure the payment of such deductible or self-insured retention by a surety bond
or an irrevocable and unconditional letter of credit.

9.13
Contractual Obligations. The stipulation of insurance coverages in this Article 9 or
elsewhere, shall not be construed to limit, qualify, or waive any liabilities or obligations of DP,
assumed or otherwise, under this DP Agreement

9.14
Indemnity. To the maximum extent allowed by law, DP shall indemnify, defend, save and
hold harmless Owner, the City of Glendale, Arizona, and its respective officers, officials, agents,
and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims,
demands, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees,
and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 24

bodily injury or personal injury (including death), or loss or damage to tangible or intangible
property to the extent caused, or alleged to be caused, by the failure to meet the Standard of Care,
recklessness, or intentional wrongful conduct or errors or omissions by DP or DP’s Subconsultants
or any of their respective owners, officers, directors, agents, or employees, arising out of the
Professional Services, this DP Agreement, or in connection with the Project or defects in the
Professional Services. This indemnity includes any claim or amount arising out of or recovered
under the Workers’ Compensation Law or arising out of the failure of such DP or contractor to
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is
agreed that DP will be responsible for primary loss investigation, defense and judgment costs
where this indemnification is applicable. In consideration of the award of this DP Agreement, the
DP agrees to waive all rights of subrogation against Owner, the City of Glendale, Arizona, and its
respective officers, officials, agents and employees for losses arising from the work performed by
the DP for the City of Glendale.

To the maximum extent allowed by law, the DP shall be responsible for and shall indemnify,
defend, save and hold harmless Owner, the City of Glendale, Arizona from any and all claims,
demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise or result
from any failure to meet the Standard of Care, recklessness, or intentional wrongful conduct or
errors or omissions by DP or DP’s Subconsultants in the performance of the DP’s Professional
Services (“Errors and Omissions Amounts”).

9.14.1 DP shall defend any action or proceeding brought against Owner based on any
assertion or claim that the Design Documents, the Professional Services, or any part thereof,
constitutes infringement of any third party proprietary rights, trademark, patent or copyright, now
or hereafter issued (“Proprietary Rights”). Owner agrees to give prompt notice in writing to DP of
any such action or proceeding and to provide authority, information and assistance in the defense of
same. DP shall defend, indemnify and hold harmless Owner from and against all damages and
costs, including attorney’s fees, awarded against Owner or DP in any such action or proceeding.
DP further agrees to keep Owner informed of all developments in the defense of such actions or
proceedings.

9.14.2 In the event that Owner is enjoined from the use of any Design Documents, DP
Professional Services, or any part thereof in connection with any claim of infringed Proprietary
Rights, DP shall at its sole expense take reasonable steps to procure the right or license to operate
or use same. If DP cannot so procure the aforesaid right within a reasonable time, DP shall then,
promptly, at DP’s option and at DP’s expense and in consultation with Owner (a) modify the
Construction Documents, or DP Professional Services, so to avoid infringement of any Proprietary
Rights; or (b) replace said Construction Documents or DP Professional Services, or any part
thereof with work that does not infringe or violate any such Proprietary Rights.

9.14.3 Sections 9.14.1 and 9.14.2 above shall not be applicable to any action or proceeding
based on infringement or violation of a Proprietary Right (a) relating solely to a particular process
or the product of a particular manufacturer specified by Owner and such processes or products are
something other than that which has been offered or recommended by DP to Owner; or (b) arising
from modifications to the Work by Owner or its agents after acceptance of the Work.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 25

9.14.4 In addition to the other obligations of DP under this section 9.14, DP will be
responsible for delays and for increases in the Owner’s costs to complete the Project, to the extent
caused by allegations that DP infringed proprietary rights of others.

Article 10
Ownership of Documents.

10.1
The plans, drawings, specifications, notes, reports, renderings, final models, design
concepts and images, and all other documents and items to be prepared and furnished by the DP
pursuant to this DP Agreement shall be the property of the Owner, including the right to use same
on Owner’s other projects without additional cost to the Owner. The DP shall maintain for its file
copies of those documents, drawings and/or other products required by law or the standards of
professional practices.

10.2
In the case of reuse or modification of the Design Documents by the Owner, the DP’s name
and seal shall be removed, and the DP shall not be liable to the Owner or third parties in their reuse.

10.3
By execution of this DP Agreement, the DP transfers and hereby assigns all copyright,
ownership, and other intellectual property interest in the Construction Documents and the
completed Project to the Owner and further agrees to execute any separate assignment agreement
necessary to implement such transfer. DP may use on other projects any standard details and other
parts of the Construction Documents not prepared exclusively for Owner.

Article 11
No Assignments.

11.1
The DP shall not assign, sublet or delegate his obligations under this DP Agreement
without the prior written consent of the Owner and the Owner may withhold such consent for any
reason.

Article 12
Requests for Contractual Adjustments and Dispute Resolution

12.1
Dispute Avoidance and Resolution.

12.1.1 The parties are fully committed to interacting and working with each other through
the course of the Project, and agree to communicate regularly with each other at all times, including
attending weekly on-site design and construction status meetings, so as to avoid, eliminate, or
minimize any disputes, disagreements, claims, or controversies relating to the Project, (hereinafter
“Disputes”). To the extent Disputes arise during the course of the Project that are not otherwise
resolved by applicable portions of this DP Agreement, both DP and Owner will attempt to resolve
such Disputes in an amicable, professional, and expeditious manner at the lowest possible level so
as to avoid unnecessary costs, delays, and disruptions to the Work. To this end, the DP’s
Representative shall refer the Dispute to the Owner’s Design Phase Representative or Construction
Phase Representative by written notice of same, not more than seven (7) calendar days from the
occurrence of the event which gives rise to the Dispute, or not more than seven (7) calendar days
from the date that the DP knew or should have known of the matter.

12.1.2 In the event a Dispute cannot be resolved through DP’s Representative and Owner’s

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 26

Representative in accordance with Section 12.1.1, the DP’s Senior Representative and Owner’s
Senior Representative shall meet within 48 hours of such field level failure to attempt to resolve
the Dispute. The parties agree that prior to any meetings between the Senior Representatives, they
will timely exchange with each other all relevant documents and information that will assist the
Senior Representatives in resolving the Dispute. The Senior Representatives shall have seven (7)
calendar days from the time they first met to resolve the Dispute. If the Senior Representatives,
after meeting in good faith, determine that the Dispute cannot be resolved by them on terms
satisfactory to both parties, the parties agree that the sole remedy for DP to pursue the Dispute is
to submit the Dispute with Owner to arbitrate in accordance with the Dispute Resolution
Procedures in attached Exhibit D.

12.1.3 The parties understand and agree that the process set forth in Section 12.1 and 12.2,
provide the sole and exclusive remedy to resolve a Dispute. The Parties further understand and
agree that asserting the Dispute in accordance with Section 12.1.1 and 12.1.2 is integral and
essential to the Parties’ ability to perform their obligations under this DP Agreement. Failure to
properly utilize the procedures in Section 12.1.1 and 12.1.2 exposes the non-utilizing party to
damages which are difficult to accurately quantify and ascertain. In addition to other available
remedies, the Parties agree that failure to properly utilize the procedures in Section 12.1.1 and
12.1.2 will require the non-utilizing party to pay the other party ten thousand and 00/100 Dollars
($10,000.00) as liquidated damages, and not as a penalty. The damages awarded pursuant to this
section shall be in addition to and not in lieu of other damages provided for under this DP
Agreement.

12.2
Administrative Process.

12.2.1 DP and Owner agree that all other parties involved in the Project, including but not
limited to the CM@Risk, can be made parties to the administrative process called for by Exhibit
D and to this end, both DP and Owner will include appropriate provisions in all contracts they
execute with other parties in connection with the Project requiring attendance and participation by
those other parties in any such administrative proceeding.

12.2.2 Unless otherwise agreed in writing, the DP shall carry on the Work and maintain
its progress during the course of any unresolved Dispute, and the Owner shall continue to make
payments of undisputed amounts as they fall due to the DP in accordance with the Contract
Documents.

12.3
Decisions of Owner.

Any failure of the Owner to make a decision within the time limits set forth herein shall not be
construed as an acquiescence in all or any part of the DP’s claim for relief.

Article 13
Termination or Suspension.

13.1
The Owner may suspend or terminate the Project at any time, for any reason, for the
convenience of the Owner. Upon written notice of suspension or termination the DP shall
immediately cease all work and not incur any further costs or expenses except as expressly

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 27

permitted by the Owner in writing. If the Project is suspended for more than one calendar year
through no fault of the DP, the DP shall be paid for work actually performed and this DP
Agreement shall terminate. Otherwise, the DP shall recommence work upon written notice from
the Owner and this DP Agreement shall remain in full force and effect.

13.2
The Owner may terminate this DP Agreement without penalty or further obligation
pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing,
drafting or creating the DP Agreement on behalf of the Owner is or becomes, at any time while
the DP Agreement or any extension of the DP Agreement is in effect, an employee of or
Subconsultant to the DP with respect to the subject matter of the DP Agreement. Such termination
shall be effective when written notice from the Owner is received by the DP, unless the notice
specifies a later time.

13.3
If Owner’s performance under this DP Agreement or funds available for this Project and/or
Work are dependent upon (i) the appropriation or allocation of funds by the City of Glendale City
Council, and if the Council fails to appropriate or allot funds necessary for performance of the
Project and/or Work, (ii) the sale of bonds or other similar instruments, and if such bonds or other
instruments are not sold or proceeds are not available, or (iii) third party gifts, donations or grants,
and if such gifts, donations or grants are not received in whole or in part by Owner; then Owner
may provide notice of this to the DP, and either a) cancel this DP Agreement without further
obligation of Owner except as set forth at the end of this paragraph, or b) delay the Project and/or
Work for a period of up to six (6) months (without cost to the Owner), after which date if no such
funds are legally available for performance of this DP Agreement, Owner may cancel this DP
Agreement without further obligation of Owner, except as set forth at the end of this paragraph. If
cancellation occurs, Owner shall reimburse DP for all Professional Services authorized and
rendered prior to the cancellation.

13.4
The Owner may, by written notice to the DP, terminate this DP Agreement if it is found by
the Owner that improper gratuities, in the form of entertainment, gifts or otherwise, were offered
or given by the DP or any agent or representative of the DP to any officer or employee of the City
of Glendale, Arizona.

13.5
In the event of termination or cancellation of this DP Agreement, which is not the fault of
the DP, the Owner shall pay to the DP only the compensation properly due for Professional
Services DP properly performed on the Project and which were accepted by the Owner prior to the
termination date and Reimbursable Expenses incurred as provided hereunder. Any post-
termination wrap-up costs must be approved by the Owner in writing in advance of their
commitment or expenditure or DP specifically waives all rights to claim such post-termination
costs not pre-approved hereunder.

13.6
This DP Agreement may be terminated by either party for default upon the defaulting
party's failure to cure a material breach within seven (7) days after written notice by the non-
defaulting party specifying the nature of the default.

13.7
At or prior to the termination date, all Drawings, Specifications, and other design, bidding
or construction administration documents then available shall be provided by the DP to the Owner.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 28

Article 14
Extent of Agreement.

14.1
This DP Agreement constitutes the complete and integrated agreement between the Owner
and the DP, and it supersedes all prior negotiations, representations or agreements, either written
or oral. This DP Agreement may be amended only by written instrument signed by a duly
authorized representative of both parties.

Article 15
Reserved.

Article 16
Project-Specific Provisions.

16.1
Any additional provisions to the foregoing for this Project must be and are described in
“Exhibit A – Scope of Services for DP”.

Article 17
Compliance and Legal Worker Requirements.

17.1
Compliance.

17.1.1 The parties shall comply with all applicable state and federal statutes and
regulations governing equal employment opportunity, non-discrimination, and immigration. In
addition, the DP agrees to actively recruit in accordance with any affirmative action programs
applicable to DP. The aforesaid provisions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The DP shall post in conspicuous places, available for employees and applicants
for employment, notices setting forth the provisions of this non-discrimination clause and shall
insert this provision in all subcontracts hereunder, except subcontracts for standard commercial
supplies or raw materials.

17.1.2 Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors,
warrants compliance with this section.

17.2
Legal Worker Requirements.

17.2.1 The DP warrants that it is in compliance with all federal immigration laws and
regulations that relate to its employees. Pursuant to Arizona Revised Statutes § 41-4401, the DP
warrants that it is in compliance with the state law requirement that employers in Arizona verify
the employment eligibility of employees, hired after December 31, 2007, through the E-verify
program or any successor program. DP shall be responsible for all costs associated with
compliance with such programs. DP shall flow-down each of the warranty requirements of this
Article to all Subconsultants, and the DP shall require each Subconsultant to warrant compliance

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 29

with the provisions of this Article. This Article is not applicable where the CM@Risk is a
governmental entity nor is the DP required to pass this provision through to Subconsultants and
sub-subconsultants who are governmental entities.

17.2.2 A breach of any of the warranties required under this Article shall be deemed a
material breach of this DP Agreement subject to penalties, including termination for cause.

17.2.3 In addition to other audit provisions contained in this DP Agreement, the Owner
retains the right to audit and inspect the papers of any DP or Subconsultant’s employees who
perform services to ensure that the DP or Subconsultant is complying with the warranty
requirements of this Article.

Article 18
Miscellaneous.

18.1
Non-discrimination. The parties will comply with all applicable state and federal laws,
rules, regulations, and executive orders governing equal employment opportunity, immigration,
and nondiscrimination, including the Americans with Disabilities Act. If applicable, the parties
will abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their status as
protected veterans or individuals with disabilities, and prohibit discrimination against all
individuals based on their race, color, religion, sex or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative
action to employ and advance in employment individuals without regard to race, color,
religion, sex, national origin, protected veteran status or disability.

18.2
Interest. Payments are owed, were properly submitted and that have not been made to the
DP within thirty (30) days of the due date, shall thereafter bear interest at the legal rate prevailing
in the State of Arizona, as established at A.R.S. § 44-1201, as amended or superseded.

18.3
Reserved.

18.4
Severability. If any provision or any part of a provision of the DP Agreement shall be
finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to
applicable laws by any authority having jurisdiction, such determination shall not impair or
otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the
provision of the DP Agreement, which shall remain in full force and effect as if the unenforceable
provision or part were deleted.

18.5
Sexual Harassment. The DP shall comply with the Owner’s current policy regarding sexual
harassment. The Owner prohibits sexual harassment by any person on the Owner’s premises or at
any Owner-affiliated functions or facilities.

18.6
Conflict of Interest. In accordance with A.R.S. § 38-511, Owner may cancel this DP
Agreement within three years after the execution of this DP Agreement, without penalty or further
obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or
creating this DP Agreement on behalf of Owner, at any time while this DP Agreement or any

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 30

extension thereof is in effect, is an employee or agent of DP in any capacity or a consultant to DP
with respect to the subject matter of this DP Agreement.

18.7
Governing Law. Interpretation of the DP Agreement and any and all disputes arising under
or in connection with this DP Agreement shall be governed by Arizona Law. No suit or action
shall be commenced hereunder by any claimant other than in the Arizona Superior Court in the
County where Owner or the Project are located, and only after all contractual and administrative
procedures have been exhausted.

18.8
Notice. Whenever the DP Agreement requires that notice be provided to the other party,
notice will be deemed to have been validly given (a) if delivered in person to the individual
intended to receive such notice; (b) if delivered or sent by registered or certified mail, postage
prepaid to the address indicated in the DP Agreement; (c) if transmitted by facsimile, by the time
stated in a machine generated confirmation that notice was received at the number of the intended
recipient; or if d) if delivered by other means mutually agreed upon by the parties.

18.9
Headings. The headings used in this DP Agreement are for ease of reference only and shall
not be in any way be construed to limit or alter the meaning of any provision.

18.10 No Waiver. The failure of either DP or Owner to insist, in any one or more instances, on
the performance or timely performance of any of the obligations required by this DP Agreement,
shall not be construed as a waiver or relinquishment of such obligation or right with respect to any
other performance or obligation.

18.11 Assignment of Overcharge Claims. The Owner and DP recognize that in actual economic
practice overcharges resulting from antitrust violations are in fact borne by Owner. Therefore, the
DP hereby assigns to Owner any and all claims for such overcharges that may vest in DP during
performance of the Project and for three (3) years after the final acceptance. The DP in all
Subconsultant agreements shall require all Subconsultants to likewise assign claims for
overcharges to Owner.

18.12 Successorship. The provisions of this DP Agreement shall be binding upon the parties,
their employees, agents, heirs, successors and assigns.

18.13 Arbitration in Superior Court. Notice is hereby given, that in the event of litigation, as
required by A.R.S. § 12-1518, the parties agree to make use of arbitration in all contracts that are
subject to mandatory arbitration pursuant to rules adopted under A.R.S. § 12-133.

18.14 No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in
A.R.S § 35-393.

18.15 Uyghur Forced Labor Prevention Act (UFLPA). DP certifies that it does not currently, and
during the term of this Agreement, will not use:

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 31

a)
the forced labor of ethnic Uyghurs in the People’s Republic of China;

b)
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and

c)
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.

18.16 Complete Agreement. This DP Agreement constitutes the complete and integrated
agreement between the Owner and the DP, and it supersedes all prior negotiations, representations
or agreements, either written or oral. Each party acknowledges that it has had an opportunity to
review this DP Agreement with counsel and this document shall be construed fairly and equitably
so as to effectuate the intention of the parties irrespective of who is determined to have been the
drafter of the document.

Agreement entered into as of the date and year first written above.

(The remainder of this page left blank intentionally. Signatures on following page.)

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 1

CITY OF GLENDALE, ARIZONA
EXHIBIT A – SCOPE OF SERVICES FOR DESIGN PROFESSIONAL TO
STANDARD FROM AGREEMENT BETWEEN OWNER AND DESIGN
PROFESSIONAL (CM@Risk Edition)
May 15, 2023 Edition

Issued for City of Glendale Project No. 222348.1

West Area Water Reclamation Facility 2023 Improvements
October 2023

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 2

T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 3

TABLE OF CONTENTS
SECTIONS

SECTION 1
GENERAL PROJECT
1.1
Project Description
1.2
Project Budget

SECTION 2
CM@RISK SERVICES

SECTION 3
PROJECT SCHEDULE / SCHEDULE OF MILESTONES

SECTION 4
PROFESSIONAL SERVICES REQUIREMENTS
4.1
General Information
4.2
Investigation of Existing Conditions
4.3
Meetings and Communication
4.4
Design Responsibilities
4.5
Furniture, Fixtures and Equipment
4.6
Design Review Submittals
4.7
Design Phase Services and Documents
4.7.1 General Information
4.7.2 Program Development Subphase Submittal
4.7.3 Conceptual Design Subphase Submittal
4.7.4 Schematic Design Subphase Submittal
4.7.5 Design Development Subphase Submittal
4.7.6 50% Construction Documents / GMP-Setting Subphase Submittal
4.7.7 100% Construction Documents Subphase Submittal
4.8
Construction Phase Services and Documents

SECTION 5
FEE PROPOSAL AND CONTRACT MANAGEMENT
5.1 Professional Fees

ATTACHMENTS

ATTACHMENT 1 - DESIGN PROFESSIONAL DELIVERABLES

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 4

T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 5

EXHIBIT A

SCOPE OF SERVICES FOR DESIGN PROFESSIONAL

THIS EXHIBIT A - SCOPE OF SERVICES FOR DESIGN PROFESSIONAL is an
exhibit to the City of Glendale Standard Form Agreement Between Owner and Design
Professional (Construction Manager at Risk Edition) dated , for Project No. 222348.1.

Section 1
General Project.

1.1
Project Description. This project addresses improvements to the West Area Water
Reclamation Facility (WAWRF) beginning with mechanical HVAC improvements and to
determine intermediate and future improvements needed and evaluation of design alternatives.

1.2
Construction Budget. The proposed construction budget for this Project is
approximately Three million, nine hundred thousand dollars ($3,900,000). Design Professional
fees, land acquisition costs, parking relocation reserve costs and other similar costs are not part of
the project construction budget.

Section 2 Construction Manager at Risk Services.

2.1
The services of the Construction Management at Risk (CM@Risk) are anticipated to begin
in October of 2023, with a GMP anticipated to be submitted prior to September of 2024.

Section 3 Project Schedule / Schedule of Milestones.

3.1
Below is a list of preliminary dates for completion of each subphase of this project.
Delivery of all documents and services by DP for each subphase are required as follows:

a) Program Development Subphase

N/A

b) Conceptual Design Subphase

December 2023 (30% Tech Memo)
c) Schematic Design Subphase

N/A
d) Design Development Subphase

February 2024 (60% Design)
e) 50% Construction Documents/
GMP-Setting Documents Subphase

May 2024 (90% Design)
f) 100% Construction Documents Subphase

July 2024 (100% Design)
g) Construction Administration Subphase

TBD
h) Closeout Subphase

TBD
i) Warranty Subphase

TBD

3.2
DP shall inform Owner in writing as soon as possible, at any time during the project, of
any expected delays to any subphase completion dates.

Section 4
Professional Services Requirements.

4.1
General Information.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 6

4.1.1 The proposal for DP services shall include the requirements for all services
described in the Standard Form Agreement Between Owner and Design Professional (Construction
Manager at Risk Edition), and this “Exhibit A - Scope of Services for Design Professional”.

4.2
Investigation of Existing Conditions.

4.2.1 DP shall review any available record documents / as-built drawings at City of
Glendale offices relative to the existing site, building and adjacent utility infrastructure. Copies of
pertinent drawings, if available, will be provided by the Owner for the use of and when requested
by the DP.

4.2.2 DP shall review any available record documents / as-built drawings at the City,
County, other municipalities, utility companies, and other similar agencies relative to existing site
conditions.

4.2.3 DP shall perform site visits to verify adequacy of record drawings/as-built drawings
for use in site demolition and design documentation.

4.3
Meetings and Communication.

4.3.1 DP shall be responsible for including ample time and travel in their fee proposal to
address the meeting requirements described in the Standard Form Agreement Between Owner and
Design Professional (Construction Manager at Risk Edition) and this “Exhibit A - Scope of
Services for Design Professional” for this project. This project is an important project for City of
Glendale and will require a generous amount of meetings for the DP to gain input, and for all
stakeholders, as described below, to share information and maintain a clear understanding of
project and the process. DP will attend the meetings with the following:

a) Owner Project Management staff and the user department to determine specific user
requirements, to review project progress, and to engage in an exchange of ideas for the
purpose of developing the project design.

b) Community representatives to continue established inclusive and supportive relationships.

c) Owner Project Management staff, CM@Risk and user representatives for coordination
meetings during all project phases, design through construction. Meetings will be held
weekly unless waived in writing by the Owner.

4.3.2 All communications on the project shall be with designated Owner Project
Manager. Any meetings or communication with other Owner representatives shall be coordinated
through the Owner Project Manager. In the event that the Owner Project Manager is not able to
attend a meeting between DP and other representatives, the DP shall provide in writing to the
Owner Project Manager minutes of the items discussed, actions required, or any other documents
reasonably requested by the Owner, to keep the Owner Project Manager informed of any
discussions held.

4.3.3 At a minimum, the following meetings shall have DP involvement. Responsibility

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 7

to lead the meeting or issue meeting minutes is noted. Additional meetings may be required by
Owner, or required as a normal course of business, and shall not be additionally compensated by
the Owner to the DP unless agreed to in advance in writing by the Owner, and unless the scope of
such meetings could not have reasonably been expected given the scope of the project.

Meeting
Lead
Frequency
Issue Minutes
Kickoff
Owner
Once
DP
Partnering
Facilitator
As Needed
Facilitator
OAC – Design Phase
DP
As Needed
DP
Deliverables Format
DP
Once
DP
Presentation of Subphase
Deliverables to User Groups
DP
As Needed
DP
Plan Review
Owner
Minimun Four
DP
Commissioning
Comm. Ag.
As Needed
Comm. Ag.
GMP-Setting
Owner
As Needed
DP
Pre-Construction
Owner
Once
DP
OAC – Construction Phase
CM@Risk
Bi-Weekly
CM@Risk
Pre-installation
CM@Risk
As Needed
CM@Risk
Design Related Subject –
Before 100% CD Set
DP
As Needed
DP
Design Related Subject –
After 100% CD Set
DP
As Needed
CM@Risk
Closeout
Owner
Once
CM@Risk
Others as required by Owner
TBD
As Needed
TBD

4.4
Design Responsibilities.

4.4.1 The design of this Project should create an appropriate identity for the City of
Glendale that uplift and enhance while respecting the context of the adjacent buildings and the
surrounding vocabulary of architectural language.

The specific project objectives include engineering services for the West Area Water Reclamation
Facility (WAWRF) 2023 Improvements project. The project includes an assessment throughout
the facility, process improvement recommendations (intermediate and future), evaluation of
several design alternatives, design contract construction documents, cost estimates and
construction administration services.

4.4.2 The DP shall consult with the Owner on all aspects of the design through the Owner
Project Manager, as well as with other Owner entities.

4.4.2.1 It is the DP’s responsibility to schedule, lead, present, document, and
otherwise manage all meetings associated with the design of the project.

4.4.2.2 The design of the project is the responsibility of the DP, based upon its
professional expertise, augmented by direction and input received from Owner personnel and the
CM@Risk under contract to the Owner.
4.4.2.3 Reserved.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 8

4.4.2.4 DP shall prepare and provide all documents in a form necessary for Owner
to obtain any and all approvals required for approval of design and completed construction by all
governmental authorities having jurisdiction over the Project and/or designated by the Owner. DP
shall be responsible for coordination with the governing jurisdiction as follows:

1)
The project utilities will serve by the Project.
2)
The City Building & Safety Department and Fire Department will be
responsible for building permitting, and fire sprinkler and fire alarm systems.
a) The Owner’s Project Manager will submit documentation to the
departments for Building Permits.
b) The CM@Risk will submit Fire Alarm and Fire Sprinkler Shop Drawings
to the appropriate City Departments (Building & Safety Department and
Fire Department) for installation permits.
3)
The Owner will provide design review and construction inspection.
4)
Local zoning and ordinances will apply. The Owner will provide site
development guidelines specific to this project.
Owner will coordinate submittal and payment for City utilities connection fees

4.4.2.5 DP shall design the project in such a manner that the completion of project
is in compliance with the City of Glendale Building and Fire Codes.

4.4.2.6 Accessibility Guidelines: In addition to any requirements in the City Codes,
incorporate the guidelines listed below:

Governing Regulation: Department of Justice Regulations for Title II (28
CFR 35) and Title III (28 CFR 36) of the Americans with Disabilities
Act of 1990, and the Americans with Disabilities Act Amendments of
2008.
Governing Regulation: Arizona Civil Rights Act, ARS Title 41, Article 41-
1401 et. seq.
Americans with Disabilities Act Standards for Accessible Design
(ADASAD), dated September 15, 2010.
If a conflict arises between City Code and regulation references, Owner will
make a determination in consultation with the Project Team.

4.4.2.1 Occupational Safety Guidelines: In addition to any requirements in the
City Code incorporate the guidelines listed below:

Occupational Safety and Health Administration (OSHA) Regulations 29 CFR
1910 (General Industry Regulations) and 29 CFR 1926 (Construction
Regulations)

4.4.3 DP is responsible for obtaining coordination of design by all applicable
professional disciplines including, but not limited to:

a) Complete civil (including surveying & drainage analysis)

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 9

b) Architectural
c) Acoustical
d) Landscaping (including irrigation)
e) Structural
f) Mechanical
g) Plumbing (including the performance design and specification of the
addressable fire sprinkler system along with the architectural control of
fire sprinkler head locations)
h) Electrical engineering (including telecommunications, fire alarm, and
audio/visual systems)
i) Interior design (including FF&E)
j) Cost estimating

4.4.4 DP is responsible for incorporating accessible design principles to ensure that the
completed facility provides full, equal, and unrestricted access to all users.

4.4.5 DP is responsible for a sustainable and environmentally responsible design, which
shall be responsive to the climate and environment in a way that minimizes energy consumption,
yet creates a comfortable environment for staff and visitors.

4.4.6 Reserved.

4.4.7 Reserved.

4.4.8 Reserved.

4.4.9 Reserved.

4.4.10 Reserved.

4.4.11 Reserved.

4.5
Furniture, Fixtures and Equipment Design. This Project will not require use of this Section.
Reserved.

4.6
Design Review Submittals.

4.6.1 The DP shall provide submittals for the following project phases for review by the
Owner:
a) Program Development Submittal
b) Conceptual Design Submittal
c) Schematic Design Submittal
d) Design Development Submittal
e) 50% Construction Documents / GMP Setting Submittal
f) 100% Construction Documents Submittal

Refer to “Attachment No. 1 - Design Professional Deliverables” at the end of the Scope of

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 10

Services for detailed descriptions of Design Phase Submittals.
DP to provide deliverables as described in Exhibit C.

4.6.2 The Owner will prepare written Plan Review comments, which can be written
comments on DP-provided review documents. As part of each project subphase submittal, the DP
shall prepare written responses to these comments. To ensure that all issues are fully understood
and resolved, responses shall be submitted to the Owner as soon as possible after receipt by the
DP. The DP will not be authorized to proceed into the next subphase of the project until all comment
responses have been reviewed and accepted by the Owner. Specific Owner review processes are
as follows:

4.6.3 Reserved.

4.6.4 Reserved.

4.7
Design Phase Services and Documents.

4.7.1 General Information.

4.7.1.1 DP shall provide thorough coordination and review, and place professional
seal on all documents.

4.7.1.2 DP is responsible for production of complete Drawings and Specifications,
and assembly of the Project Manual, including a cover for each. Document covers shall include the
Owner project name and number and date.

4.7.1.3 Drawings shall be prepared on the DP’s own sheets, with Owner Project
Number on all sheets. DP shall conform to the Owner drawing requirements listed in “Attachment
1 - Design Professional Deliverables”. Specifications shall be prepared by the DP using CSI
format, with City Project Number on all pages.

4.7.1.4 Reserved.

4.7.1.5 As part of Basic Services, project documents will be produced using
computer aided design and drafting (CADD) software. Refer to “Attachment 1 - Design
Professional Deliverables” in this “Exhibit A - Scope of Services for Design Professional” for
drawing format, plotting requirements and submittal requirements.

4.7.1.6 The DP and CM@Risk shall coordinate the format to be used for each
subphase estimating effort (Probable Construction Cost by DP and Estimate of Construction Cost
by CM@Risk) to ensure that comparable formats are being used, and to ensure that differences
between the two estimates are reconcilable. Differences between the DP and CM@Risk estimates
must be reconcilable to the lowest level of detail of the estimate.

4.7.1.7 Reserved.

4.7.1.8 If applicable DP shall cooperate with Mechanical, Electrical and

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 11

Plumbing (“MEP”) testing and balancing (commissioning) consultant.

4.7.1.9 Reserved.

4.7.1.10
Reserved

4.7.2 Program Development Subphase Submittal - The DP shall provide services
/ deliverables as follows:

N/A.
4.7.2.1 Reserved.

4.7.2.2 After reviewing the Project Criteria, the DP shall meet with the Owner and
identified facilities users to gain an in depth understanding of Project needs and provide initial
feedback to all attendees.

4.7.2.3 The Project Program shall consist of a detailed written report on the
following subject matter:

a) Required size, use, occupancy, and furnishings/equipment requirements of all
spaces.
b) Required relationships of spaces to other spaces.
c) Required utility services for all spaces and investigations into available utilities.
d) Environmental requirements of all spaces.
e) Traffic/circulation requirements within and without the building. Building
service requirements.
f) Tabulation of all net assignable areas.
g) Explanation of probable non-assignable required areas.
h) Calculation of probable gross buildings area(s).
i) Code analysis. Describe all area separations, occupancy separations,
compartmentation, fire-rated construction requirements, hazard classifications,
exiting requirements, general code provisions, and project-specific provisions.
Include diagrams describing these issues as applied to the specific project
design.
j) Site analysis, including utilities, circulation, service, orientation adjacent
structures, etc.
k) Energy Model for base and alternate building orientation and building envelope
materials.
l) Storm Water Management Analysis and Plan.
m) Review of CM@Risk Value Analysis, Constructability and Biddability
submission.

4.7.2.4 Provide an estimate of Probable Construction Cost, “Level One”. Assist the
Owner in the analysis of the probable cost of the Project, based upon unit costs and/or systems
involved, and make mutually agreed changes to the design concept to maintain the cost of the
Project within the established budget. The DP shall reconcile the estimate of Probable

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 12

Construction Cost for the work defined above with the estimate of Construction Costs as developed
by the CM@Risk for the work defined above and with the amount within Owner’s Project Budget
available for costs of construction Work. This reconciliation shall provide an estimate within
Owner’s Project Budget available for costs of construction Work before the Conceptual Design
Subphase as defined below may begin. Design Professional and CM@Risk shall reconcile their
Cost estimates with each other and the Owner not later than (7) days after the completion of
CM@Risk’s estimate or receipt of Design Professional’s estimate to assure the Owner that the
project cost is within the designated budget.

4.7.3 Conceptual Design Subphase Submittal - The DP shall provide services /
deliverables as follows:

DP shall submit a 30% Deliverable of Design Criteria Technical Memorandum.

4.7.3.1 A minimum of three distinctly different concepts shall be presented to the
Owner before proceeding with final schematic documents. These concepts are to communicate
site, functional and massing relationships. The concepts may be presented in diagrammatic form.

4.7.3.2 Include with each concept the approximate net assignable to gross area
efficiency factors.

4.7.3.3 Include with each concept a code analysis. Describe all area separations,
occupancy separations, compartmentation, fire-rated construction requirements, hazard
classifications, exiting requirements, general code provisions, and project-specific provisions.
Include diagrams describing these issues as applied to the specific project design.

4.7.3.4 Include with each concept a Probable Construction Cost estimate, “Level
Two”. The DP shall reconcile the estimate of Probable Construction Cost for the work defined
above with the estimate of Construction Costs as developed by the CM@Risk for the work defined
above and with the amount within Owner’s Project Budget available for costs of construction
Work. This reconciliation shall provide an estimate within Owner’s Project Budget available for
costs of construction Work before the Schematic Design Subphase as defined below may begin.
DP and CM@Risk shall reconcile their Cost estimates with each other and the Owner not later
than (7) days after the completion of CM@Risk’s estimate or receipt of DP’s estimate to assure
the Owner that the project cost is within the designated budget.

4.7.3.5 Include with each concept a Total Cost of Ownership Analysis.

4.7.4 Schematic Design Subphase Submittal - The DP shall provide services /
deliverables as follows:

N/A.

4.7.4.1 The DP shall review the Project Program and the approved Conceptual
Design with the Owner and the CM@Risk, solicit and receive comments and recommendations
from the CM@Risk and the Owner, confirm the Owner's and the CM@Risk’s understanding of

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 13

the subject matter, determine any additional, modified or alternative requirements, and obtain the
Owner's approval.

4.7.4.2 The DP shall provide the Owner with a preliminary evaluation of the
requirements of the Project based on the Owner's budget.

4.7.4.3 The DP shall review with the Owner and the CM@Risk alternate methods
and approaches to the design and construction of the Project and recommend the approach and
jointly decide with the Owner and the CM@Risk the method best suited to the Owner's
requirements and the Project.

4.7.4.4 Based upon the Project Program, the approved Conceptual Design, the
discussions with the Owner and the CM@Risk, the amount within the Owner’s Program Budget
available for costs of the construction Work, the surveys, and the soils reports, the DP shall prepare
Schematic Design Documents which will consist of drawings and other documents depicting the
scale and relationship of Project components, for review with the Owner and the CM@Risk and
for the Owner’s approval.

4.7.4.5 Reserved.

4.7.4.6 The Schematic Design Documents shall consist of at least the following.

a)
Preliminary site plan (1"=20'-0") showing walks, parking drives, landscaped
areas, drainage, retention and detention areas.
b)
Project survey. N/A
c)
Geotechnical Report including soil boring data & consultant's foundation
recommendations. N/A
d)
Schematic floor plans, 1/4" = 1'-0".
1)
New work, all floor levels including walls, doors, windows
equipment, furniture, location of plumbing fixtures, and structural grid.
2)
Remodeled areas of existing buildings, if any, including demolition.
3)
Existing building drawings for remodeled areas.
e)
Reflected ceiling plan (if any special or unique features).
f)
Exterior elevations, showing mechanical equipment.
g)
Diagrammatic building sections, each direction through building with
structure indicated.
h)
Typical wall sections to show materials, relationships, and construction
intent, including structure.
i)
Room materials list and equipment outline.
j)
Narrative of design rationale, code analysis, design load assumptions, and
proposed structural systems together with justification of selected system.
k)
Narrative of design rationale and demand assumptions, and descriptions of
proposed mechanical system(s), electrical system(s), landscape irrigation
system(s), and special system(s).
l)
Preliminary mechanical equipment room layouts (major equipment only).
m)
Preliminary one-line HVAC duct layouts and/or preliminary mechanical

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 14

piping diagram including preliminary size and location of connection to
utility supply.
n)
Plumbing water and sewer main sizing with point of connection to public
systems.
o)
Fire protection hazard classification of system and preliminary size of supply
main and identification of source location.
p)
Preliminary one-line electrical distribution diagrams with preliminary load
and service sources identified.
q)
Preliminary Draft of Project Manual including outline specifications.
r)
Code analysis. Describe all area separations, occupancy separations,
compartmentation,
fire-rated
construction
requirements,
hazard
classifications, exiting requirements, general code provisions, and project-
specific provisions. Include diagrams describing these issues as applied to the
specific project design.
s)
Structural, mechanical, electrical, and other calculations used by the DP as a
basis for design, appropriate to the Schematic Design level.
t)
Net assignable and gross area calculations, in conformance with Owner
definitions for each category and functional group of space.
u)
Schematic presentation shall include a rough model, and sketch perspectives
of both the exterior and major interior features.
v)
Communications and data transmission system infrastructure.
w)
Energy Model for base and alternate building orientation and building
envelope materials.
x)
Storm Water Management Analysis and Plan.
y)
Review of CM@Risk Value Analysis, Constructability and Biddability
submission.

4.7.4.7 Provide an estimate of Probable Construction Cost, “Level Three” based on
the foregoing, with area breakdowns (net and gross) and analysis. The DP shall reconcile the
estimate of Probable Construction Cost for the work defined above with the estimate of
Construction Costs as developed by the CM@Risk for the work defined above and with the amount
within Owner’s Project Budget available for costs of construction Work. This reconciliation shall
provide an estimate within Owner’s Project Budget available for costs of construction Work before
the Design Development Subphase as defined below may begin. DP and CM@Risk shall reconcile
their Cost estimates with each other and the Owner not later than (7) days after the completion of
CM@Risk’s estimate or receipt of DP’s estimate to assure the Owner that the project cost is within
the designated budget.

4.7.5 Design Development Subphase Submittal - The DP shall provide services /
deliverables as follows:

DP shall submit a 60% Deliverable of Construction Documents.

4.7.5.1 Based on the Schematic Design Documents and any amendments approved
by the Owner in the Program or the Project Budget, the DP shall prepare Design Development
Documents for review with the Owner and the CM@Risk and for the Owner's approval, consisting

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 15

of drawings and other documents to delineate, and define the general design of the entire Project,
including size and character as to architectural, structural, mechanical and electrical systems,
materials, and any other Project elements as may be appropriate.

4.7.5.2 The Design Development Subphase Documents shall consist of at least the
following:

a)
Site survey and annotated site survey showing items for demolition,
removal or relocation.
b)
Site Plan:
1) Contours/grading
2) Paving, sidewalk, curb, fence, parking, and other site
improvements (showing location and overall dimensions)
3) Retaining walls
4) Notation of existing memorial trees, plaques and any other
marked items
c)
Landscape plan:
1) Planting plan
2) Plant materials schedule
3) Point of connection for power and water, and demand for each
d)
Seismic Analysis based on IBC Code Requirements.
e)
Foundation plans
1) Footing and foundation sizes, reinforcing, elevations
2) Below grade concrete wall thickness
3) Waterproofing, dampproofing, and drainage
f)
Structural framing plans:
1) Horizontal and vertical member size, sample reinforcing
2) Typical floor and roof details, thickness
3) Typical exterior wall supports, bracing, ties, reinforcing
4) Lateral bracing methods, location
5) Fireproofing - NFPA designation
6) Vibration isolation or other special details
7) Design live and dead loads tabulated for all floors, areas, roofs
g)
Exterior wall elevations, all planes.
h)
Typical wall sections.
i)
Typical roofing and flashing details.
j)
Floor plans, all levels and roofs:
1) Partition type identification
2) Smoke and fire compartmentation
3) Built-ins and fixed equipment shown and noted
4) 1/4" scale furniture and movable equipment layouts, for ALL
spaces
k)
Reflected ceiling plan:
1) Lights, diffusers, grilles, sprinkler heads and unusual conditions
l)
Stair and elevator details and types.
m)
Room finish and door schedules for all areas/spaces.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 16

n)
Miscellaneous specialties and equipment schedule.
o)
Fixed equipment schedule, locations, and service requirements.
p)
Plumbing systems:
1) Fixture schedule, locations
2) Equipment schedule, locations
3) Water piping, locations (sizes for pipes larger than 1")
4) Waste piping, locations (sizes for pipes larger than 4")
q)
Roof drainage system, locations, and key sizes.
r)
Fire protection systems:
1) Location of check valves, building entrance, riser and drain
2) Provide system performance design criteria
s)
Mechanical systems:
1) Equipment schedule, locations, sizes, types
2) Chilled, condenser, hot water, steam, and condensate piping
systems, locations, riser diagrams
3) Supply, return, and exhaust duct layout
t)
HVAC piping, locations, and sizes for pipes larger than 1"
u)
Power distribution diagram:
1) Power distribution equipment schedule, locations
2) Feeder sizes
3) Emergency generator size, location
4) Uninterruptible power supply equipment size and location, if
required
5) Grounding, standard details
6) Load calculations
v)
Interior electrical plans:
1) Fixture and switch locations with identification
2) Typical receptacle and power outlet locations
3) Special requirements noted
w)
Motor control schedule with starter and circuit sizing.
x)
Communication, data transmission and alarm systems.
y)
Current update of Project Manual including Project specifications.
z)
Code analysis. Describe all area separations, occupancy
separations, compartmentation, fire-rated construction
requirements, hazard classifications, exiting requirements,
general code provisions, and project-specific provisions. Include
diagrams describing these issues as applied to the specific
project design.
aa)
Structural, mechanical, electrical, and other calculations used by
the DP as a basis for design, appropriate to the Design
Development level.
bb) Net assignable and gross area calculations, in conformance with
Owner definitions for each category and functional group of space.
cc) Materials and color boards, exterior and interior.
dd) Cut sheets of all plumbing, mechanical, electrical, and other special
fixtures and equipment.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 17

ee) Energy Model for base and alternate building orientation and
building envelope materials.
ff)
Storm Water Management Analysis and Plan.
gg) Preliminary SWPPP, regardless of site size.
hh) Review of CM@Risk Value Analysis, Constructability and
Bidability submissions.

4.7.5.3 The DP shall work in a collaborative manner with the CM@Risk in
developing items defined above.

4.7.5.4 Provide an estimate of Probable Construction Cost, “Level Four”, for the
Design Development Subphase, including all proposed optional price items and cash allowances.
The DP shall reconcile the DP’s estimate of Probable Construction Cost for the work defined above
with the estimate of Construction Costs as developed by the CM@Risk for the work defined above
and with the amount within Owner’s Project Budget available for costs of the construction Work.
This reconciliation shall provide an estimate within Owner’s Project Budget available for
construction Work before the Construction Documents Subphase as defined below may begin. DP
and CM@Risk shall reconcile their Cost estimates with each other and the Owner not later than
(7) days after the completion of CM@Risk’s estimate or receipt of DP’s estimate to assure the
Owner that the project cost is within the designated budget. No additional services expenses will
be charged to the Owner by the DP to reconcile the CM@Risk’s estimate and DP’s estimate to
within a difference of less than 5%. Efforts to reconcile the CM@Risk’s estimate and DP’s
estimate to within a difference of less than 5% shall not be considered an acceptable Project delay
by the Owner.
4.7.6 50% Construction Documents / GMP-Setting Subphase Submittal - The DP
shall provide services / deliverables as follows:

DP shall submit a 90% Deliverable of Construction Documents.

4.7.6.1 The Owner, with advice from the DP and CM@R, will establish the point
in the development of the design and the corresponding Probable Construction Cost that the GMP
will be established. The DP will provide a set of Design Documents and specifications that
represent the current state of design for the project and that the CM@Risk will use to establish the
GMP. This 50% Construction Documents / GMP-Setting Subphase Submittal shall address the
list of deliverables described in the Design Development Subphase Submittal. It is anticipated that
the 50% Construction Documents / GMP-Setting Subphase Submittal will be delivered during the
Design Development Subphase.

4.7.6.2 The DP shall respond to questions and provide design document clarification
to the Owner and the CM@Risk as required to ensure accurate GMP assumptions. The DP shall
participate in a GMP-Setting coordination meeting with the CM@Risk, and shall validate or
identify inconsistencies within the CM@Risk’s set of GMP Assumptions.

4.7.6.3 The DP shall prepare additional supplementary instructions (ASIs) as
required. The DP shall provide original sealed copy to Martin A. Soma, PE and copy to CM@Risk.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 18

4.7.6.4 Provide an estimate of Probable Construction Cost, “Level Five”, for the
50% Construction Documents / GMP Setting Subphase Submittal, including all proposed optional
price items and cash allowances. The DP shall reconcile the DP’s estimate of Probable
Construction Cost for the work defined above with the Guaranteed Maximum Price (GMP) as
developed by the CM@Risk for the work defined in the GMP-Setting Documents and with the
amount within Owner’s Project Budget available for costs of the construction Work. No additional
services expenses will be charged to the Owner by the DP to reconcile the CM@Risk’s estimate
and DP’s estimate to within a difference of less than 5%. Efforts to reconcile the CM@Risk’s
estimate and DP’s estimate to within a difference of less than 5% shall not be considered an
acceptable Project delay by the Owner.

4.7.6.5 If the Work is intended to be done in Phases with Multiple Bid Packages
and some Phases are intended to start after the GMP is established but before all of the
Construction Documents are complete, the DP’s stamp shall be affixed to the documents for those
initial Phases of the Work only after Owner review and incorporation of all final comments.

4.7.6.6 Permits are required as follows: Any permits required shall be submitted
through the City of Glendale.

4.7.7 Construction Documents Subphase Submittal - The DP shall provide services /
deliverables as follows:

DP shall submit a 100% Deliverable of Construction Documents.

4.7.7.1 Based upon the approved Design Development Documents (DDs) and any
further amendments of any kind approved by the Owner, the DP shall prepare detailed
Construction Documents (CDs) setting forth the requirements for the construction of the entire
Project, including complete Bid Documents, Drawings, Specifications and a revised estimate of
Probable Construction Cost. The DP must be aware of, and conform with, the order of precedence
provisions contained in the CM@Risk Agreement except as provided in this Paragraph. The
Construction Documents are subject to review and approval by the Owner. The Construction
Documents shall consist of at least the following:

4.7.7.2 The DP shall provide fully updated versions of the deliverable documents
listed in the Design Development Subphase Submittal list, reflecting 100% complete drawings,
checked and coordinated with all sub-consultants and Owner consultants.

4.7.7.3 Specifications.
a)
All sections complete and edited project specific.
b)
Written descriptions of all options (alternates), allowances, unit
prices, and special construction scheduling requirements.
c)
Table of contents for technical sections.
d)
Schedule of drawing.

4.7.7.4 Final code analysis. Describe all area separations, occupancy separations,
compartmentation, fire-rated construction requirements, hazard classifications, exiting

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 19

requirements, general code provisions, and project-specific provisions. Include diagrams
describing these issues as applied to the specific project design.

4.7.7.5 Final structural, mechanical, electrical, acoustical, vibration, lighting and
other calculations used by the Design Professional as a basis for design.

4.7.7.6 Cut sheets for final selection of all equipment.

4.7.7.7 Final material and color boards.

4.7.7.8 Net assignable and gross area calculations, in conformance with Owner
definitions for each category and functional group of space.

4.7.7.9 Final Submittal shall include all bidding documents, ready for reproduction,
with all final comments from the Construction Documents submittal resolved.

4.7.7.10 DP’s stamp shall be affixed to documents only after Owner review of the
Construction Documents submittal and incorporation of all final comments.

4.7.7.11 Master plan/expansion information to inform future project planning
teams.

4.7.7.12 Provide an estimate of Probable Construction Cost, “Level Five”, for the
Construction Documents phase, including all proposed optional price items and cash allowances.
The DP shall reconcile the DP’s estimate of Probable Construction Cost for the work defined above
with the Guaranteed Maximum Price (GMP) as developed by the CM@Risk for the work defined
above and with the amount within Owner’s Project Budget available for costs of the construction
Work.

4.7.7.13 Permits are required as follows: All design documentation and associated
coordination required for governmental agency and utility providers plan review, approval,
permitting and determination of the amount of fees to be paid are the responsibility of the DP.
Permits required, associated agency coordination, and fees assessed to the project specifically
associated with means and methods of construction phase work are the responsibility of the
CM@R. Plan review and permit fees paid to governmental agencies by Owner through DP or
CM@Risk will be the actual amount assessed by the agency and without DP or CM@Risk mark-
up.

4.8
Construction Phase Services and Documents.

4.8.1 Construction Administration Subphase.

4.8.1.1 Although activities in the Design Phase will not be complete and although
the Design Phase will not end until the Design Phase activities are complete, the Construction
Administration subphase (CA) shall commence with the Owner’s acceptance of the final GMP and
issuance of a Notice-to-Proceed with Construction or, if the Owner elects to proceed on a different

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 20

delivery method determined by the Owner, award of the construction contract.

4.8.1.2 The DP shall review the CM@Risk project schedule submittal which
reflects Project completion. CM@Risk shall continue to revise and submit said schedule until it is
satisfactory in form to DP and acceptable to Owner.

4.8.1.3 Reserved.

4.8.1.4 The DP shall have authority to act on behalf of the Owner only to the extent
provided in this DP Agreement and the CM@Risk Agreement, unless otherwise agreed in writing.
The DP shall not have control or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, for the acts and/or omissions of the CM@Risk, any Contractor, any
Subcontractor, or any other persons performing any of the Work.

4.8.1.5 At or near the commencement of the Construction Administration subphase,
the Owner, CM@Risk and the DP will promptly schedule a Pre-Construction meeting to establish
procedures for the Construction Phase of the Work, including, among other matters, expected
handling of submittals and Owner Site activities schedules. In addition, the meeting shall include,
but not be limited to, discussions of key contract provisions, unresolved schedule coordination
concerns, procedures for paperwork processes, inspections, and acceleration of work and any other
items of importance based on the Project’s specific attributes and goals.

4.8.1.6 The DP shall attend progress meetings, to address and resolve such matters
as procedures, scheduling problems, work deficiencies, submittals, Requests For Information
(RFI’s), and/or other matters relating to the completion of the Project in accordance with the Construction
Documents and the Section 4.8.1.2 progress schedule. Special meetings shall be held as requested by the
Owner or deemed necessary by the DP. Written minutes shall be distributed to all attendees within two (2)
business days after each regular meeting and any special meeting in accordance with the “Meetings and
Communication” section of “Exhibit A - Scope of Services for Design Professional”.

4.8.1.7 Upon receipt, the DP shall review the proposed Schedule of Values
submitted by the CM@Risk, and promptly provide a written evaluation to the Owner with
appropriate comments.

4.8.1.8 The DP shall make visits to the site at least once a week to be knowledgeable
about the progress and quality of the Work and to determine if the Work is proceeding in
accordance with the construction schedule and particularly the Project schedule set forth in section
2.3.1.2. On the basis of these on-site observations, the DP shall keep the Owner informed of the
progress of the Work. Field administration and observation of the Work shall include the DP’s
Subconsultants. The DP shall require each Subconsultant to provide such field administration and
observation as required.

4.8.1.9 Weekly Progress Reports, including an analysis of the quality, and progress
of the Work and anticipated delays, shall be submitted by the DP to the Owner during the
Construction Administration subphase. DP shall immediately advise the CM@Risk of any
anticipated delays reported to Owner. All reports shall be based on the personal first hand

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 21

observations by DP, its staff, and its Subconsultants. DP shall also review the CM@Risk’s Monthly
Status Reports to further inform the DP’s Weekly Progress Reports to the Owner.

4.8.1.10 Using the Schedule of Values and based on the CM@Risk’s progress
payment applications in hand, the DP shall determine the progress amounts payable to the
CM@Risk and shall certify progress for payments within seven (7) days after receipt of the
CM@Risk’s Payment Applications. Certificates for Payment will be issued only for Work that has
actually been performed in accordance with the Construction Documents. Within seven (7) days
after receipt of the CM@Risk’s Payment Applications, the DP shall specify in writing to Owner
any reasons for withholding Certificates for Payment, in full or in part, as set forth in the CM@Risk
Agreement. Owner, along with the DP, will concurrently review CM@Risk’s Payment Application
and make final determination on withholding Certificates for Payment, in full or in part of Payment
Applications.

4.8.1.11 The DP shall interpret the requirements of the Construction Documents.
The DP shall render written interpretations within seven (7) calendar days of receipt of any written
request from the Owner or the CM@Risk. The interpretations shall be consistent with the intent
of and reasonably inferable from the Construction Documents. The DP shall review RFIs
submitted by the CM@Risk. Submissions of RFIs by the CM@Risk shall be acted on and returned
to CM@Risk within seven (7) calendar days of receipt.

4.8.1.12 Within fourteen (14) calendar days following receipt of written notice of
a claim or controversy between the Owner and the CM@Risk, the DP shall either request
additional information from the Owner and/or CM@Risk regarding their position on the claim or
issue an initial written determination. If the DP requests additional information as set forth herein,
the DP shall issue an initial written determination within seven (7) calendar days after the DP receipt
of such information.

4.8.1.13 The DP shall review and approve submittals, shop drawings, product
data, samples, and other required submissions of the CM@Risk. Such submissions shall be
approved only if they are in conformance with the design concept of the Project and in full
compliance with Construction Documents. Submissions of CM@Risk shall be acted on and
returned to CM@Risk within seven (7) days of receipt. If review and approval are not timely, the
DP shall immediately notify the CM@Risk and the Owner in writing stating the reason for the
delay. Resubmittal shall be acted on and returned to the CM@Risk within four (4) days, except
on complex submittals with significant deficiencies, wherein the submittal turnaround time shall
be within seven (7) days.

Each Submittal and Shop Drawing from the CM@Risk must be accompanied by a transmittal letter
containing a list of the titles and numbers of the Shop Drawings. Each series shall be numbered
consecutively for ready reference. Each Submittal and Shop Drawing shall be marked with the
following information:

a)
Date of Submission
b)
Name of Project
c)
Location of Project

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 22

d)
Branch of Work (Specification Section)
e)
Project Number
f)
Name of Submitting CM@Risk
g)
Name of Subcontractors
h)
Revision Number

Submittals identified by Owner shall be submitted to Owner for its review concurrent with
review of same by DP. During Construction Phase, CM@Risk shall promptly provide Owner
with an electronic copy of all approved submittals.

4.8.1.14 The DP shall promptly review and analyze all requests for Change Orders
or Amendments including any documents offered to substantiate such requests. The DP shall fully
evaluate the merit and requested costs related to each Change Order Request, submit timely written
recommendations to the Owner, and assist the Owner in negotiations of those Change Orders. DP
shall indicate concurrence within seven (7) days by written signature on all final Change Orders
or Amendments to CM@Risk Agreement. DP shall perform the foregoing for Contingency Use
Authorizations and Allowance Use Authorizations, if requested by Owner.

4.8.1.15 The DP shall not direct changes to the Work without prior written consent
of the Owner. The DP may approve and direct minor changes in the Work provided those changes
do not affect the project schedule or the GMP, and shall inform the Owner in writing in advance
of such approvals or directions. Only the Owner may modify project schedule or make any
changes that financially affect the Project.

4.8.1.16 The DP shall reject Work which, in the DP’s opinion, does not conform
to the Construction Documents, including applicable codes, statutes, or local or national standards,
and shall notify the Owner and CM@Risk of the reasons for rejection. Prior to ordering or directing
any special inspections or testing to confirm conformity of Work to the Construction Documents,
the DP must obtain prior written approval of the Owner. The DP has authority to direct the
CM@Risk to uncover portions of the Work, as provided in the General Conditions to the
CM@Risk Agreement.

4.8.1.17 The DP shall notify the Owner if the CM@Risk refuses or fails to
prosecute Work, or any part thereof, with such diligence as will ensure its completion within the
project schedule, or fails to complete the Work within the project schedule, or refuses to correct
defective Work. The DP shall immediately notify the Owner upon the DP becoming aware of the
situation, and the DP shall promptly consult with the Owner to resolve design issues, if any,
involved in the situation reported on.

4.8.1.18 The DP shall perform all other responsibilities necessary to carry out the
general intent and specific provisions of this DP Agreement and to fulfill the DP’s role under the
CM@Risk Agreement or to obtain the full compliance by the CM@Risk with the CM@Risk
Agreement.

4.8.1.19 The extent of the duties, responsibilities and limitations of authority of the
DP as a representative of the Owner as defined herein shall not be modified or extended after the

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 23

date of this DP Agreement without the written consent of the Owner.

4.8.2 Closeout Subphase.

4.8.2.1 DP shall give Owner its best advice as to scheduling of a date for a pre-
closeout meeting and participate in such pre-closeout meeting.

4.8.2.2 DP shall promptly review all closeout documents provided by CM@Risk
and will advise Owner within seven (7) days of deficiencies ascertained, if any.

4.8.2.3 DP shall promptly review As-Builts provided by CM@Risk for accuracy
and will note any changes required in writing. With respect to any changes or corrections in the
Work which are made subsequent to Substantial Completion, such revisions shall be submitted to
the DP for approval prior to Final Payment to CM@Risk taking place. DP shall deliver Record
Drawings to Owner as soon as possible upon completion of construction. Final payment will be
withheld until final documentation has been received, reviewed and approved by the Owner.

4.8.2.4 When the CM@Risk determines the Work, or a portion or segment of the
Work, which the Owner wants to accept separately and make use of, and agrees in writing to do
so, is Substantially Complete, the CM@Risk shall notify the Owner and the DP, and submit to the
Owner and DP a comprehensive list of items to be completed or corrected as to the Work. Within
five (5) business days of receipt of the CM@Risk’s notice and list, the Owner, the DP and
CM@Risk will jointly make an inspection of the Project to determine whether Substantial
Completion has in fact occurred. If it is determined by the Owner that the Work, or the relevant
portion thereof, is Substantially Complete, the Owner with the assistance of the DP shall issue the
Certificate of Substantial Completion, with attached Punch List generated by the DP, stating the
date of Substantial Completion. The Certificate of Substantial Completion shall be executed by
the Owner, the DP and the CM@Risk. The CM@Risk shall thereupon proceed promptly to
complete or correct Punch List items.

4.8.2.5 DP shall promptly review CM@Risk Operation and Maintenance manual(s)
for completeness.

4.8.2.6 DP shall promptly provide a Record Drawings set incorporating
CM@Risk’s “As-Builts”. DP shall provide professional services to transfer the CM@Risk-
supplied As-Built information to the original Construction Documents for a final set of Record
Drawings. Refer to “Attachment 1 - Design Professional Deliverables” at the end of this Scope of
Services for detailed descriptions of Closeout Subphase Submittals.

4.8.2.7 Upon notification by the Owner, the DP shall conduct inspections to
determine the dates of Substantial Completion and Final Completion, and issue the Certificate for
Final Payment, if and as appropriate. The DP shall also assemble and transmit to the Owner a
submittal consisting of all manuals, warranties, “As-Built” drawings, “Record Drawings”, spares,
and other items to be furnished by the CM@Risk under the Contract Documents, and certify to the
Owner that the submitted package is complete, correct, and appropriate for the items therein
represented.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 24

4.8.2.8 Prior to Final Payment to the CM@Risk, the DP shall review all outstanding
claims which have not been settled and shall prepare a written report outlining the background and
status of all such claims, including the details of DP’s analysis to date, and making
recommendations as to the ultimate disposition of each such claim.

4.8.2.9 If the Owner furnishes keys to the DP to provide access to Owner’s
property, the DP shall assure that no such keys are duplicated, and shall return all such keys upon
request of the Owner or prior to receipt of final payment, whichever is earlier. If the DP fails to
return all keys furnished to it, the DP shall be responsible for and shall pay all costs (including
materials and labor of Owner’s personnel or others) associated with rekeying (removal of tumblers
and insertion of new tumblers) or replacement of old locks which could be opened with keys
furnished to the DP, and the parties agree that such cost may be deducted in full or in part from
any funds remaining to be paid under the terms of this DP Agreement with any balance due
immediately from the DP to the Owner.

4.8.3 CM@Risk Warranty Subphase.

4.8.3.1 The DP shall participate in a Warranty-Walk-through with the CM@Risk
and the Owner at a date twelve (12) months after the Date of Substantial Completion.

4.8.3.2 The DP shall coordinate with the MEP Testing and Balancing contractor
and Commissioning Consultant.

4.8.3.3 The DP shall participate in a Warranty-Walk-through with the CM@Risk
and the Owner at a date twenty-two (22) months after the Date of Substantial Completion.

Section 5 Fee Proposal and Contract Management.

5.1
Professional Fees.

5.1.1 See Standard Form Agreement Between Owner and Design Professional
(Construction Manager at Risk Edition) - Article 6 and “Exhibit B – Schedule of Payments” for
specific information.

5.1.1.1 The proposal for DP services includes the requirements for all services
described in the Standard Form Agreement Between Owner and Design Professional (Construction
Manager at Risk Edition), and this “Exhibit A - Scope of Services for Design Professional”. The
DP shall provide individual fees for the following Subphases: Program Development, Conceptual
Design, Schematic Design, Design Development, 50% Construction Documents / GMP-Setting,
Construction Documents, Construction Administration, Closeout, and Warranty Subphases as
required in “Exhibit B – Schedule of Payments”.

5.1.1.2 The DP proposal shall be provided in a format acceptable to the Owner.

5.1.1.3 “Exhibit C – DP Proposal” shall include a fee schedule to list hourly rates
for prime and sub consultants, for principals and staff, as a basis for additional services, if required.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 25

(Note: Additional services must have prior written approval by the City of Glendale Engineering
and Budget and Finance Department.)

5.1.2 DP shall clearly identify all Subconsultants performing work for this Project in the
Fee Proposal. Any Subconsultants not originally identified in the Statement of Qualifications
submittal resulting from the Owner’s RFQ shall be submitted to the Owner for review and will be
included in the project team only upon written approval of the Owner.

5.1.3 Reimbursable Expenses. See Standard Form Agreement Between Owner and
Design Professional (Construction Manager at Risk Edition) - Article 4.

5.1.4 Invoices. All Invoices must be submitted on the City of Glendale approved forms
and must be accompanied by back-up summarizing the payment status of the project.
Reimbursable Invoices must also include copies of receipts for outside services, or a log
documenting the specific nature of any inside services. Separate Invoices will be required for Fees
and for Reimbursables.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 26

Attachment No. 1
Design Professional Deliverables

Program Phase
Report - PDF

Conceptual Design Phase
Drawings - PDF

Schematic Design Phase
Drawings - PDF
Specifications - PDF
Security Design - AutoCAD
Geotechnical Investigation Report - PDF
Project Survey - AutoCAD

Design Development Phase
Drawings - PDF
Specifications - PDF
Site Plan - AutoCAD
Room Numbering - PDF
Security Design - AutoCAD
Wi-Fi Design - AutoCAD

50% Construction Documents / GMP-Setting Phase
Drawings - PDF
Specifications - PDF

100% Construction Documents Phase
Drawings - PDF
Specifications - PDF
GeoDatabase – AutoCAD
Key Plans - AutoCAD
TeleCom Bid - PDF

Closeout Phase
Record Drawings - PDFs
Record Drawings - Bound AutoCAD
GeoDatabase Drawings - AutoCAD
Key Plan Drawings - AutoCAD

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 27

Detailed Deliverables Criteria

Package Requirements
● Total Path Name of Folders, Sub-Folders, and Documents, is limited to 130 characters

Drawings / Specifications / Other Documents - PDFs
Printed/Plotted PDFs are preferred
● files must contain searchable text
● secure approval from the Project Manager for scanned PDFs
Combine all individual Documents contained in each submittal into a single PDF, in order
● PDF file size is not a consideration
● files should be consistent with printed submittals
● for example: if a drawing set is two volumes, the PDFs should be two files
● name each item as the original item is titled
● include date issued in the file name (YYYY/MM/DD)
● bookmark each individual item
● bookmark drawings with Sheet Number and Title
● bookmark specifications with CSI Division and Section
● bookmark reports with Chapters and Sections
● create expanded bookmarks to simplify finding a specific item
● for example:
Architectural / Structural / Etc.

Division 02 / Division 03 / Etc.

Chapter 1 / Chapter 2 / Etc.
● combine multiple PDFs into a single ZIP folder

Photos, Videos, Etc.
● group similar photos / videos into folders and sub-folders
● group by date, topic, etc.
● combine all folders into a single ZIP Folder

ZIP Folders
● contain multiple PDFs, Folders, etc.

Room Numbering PDFs Provide Floor Plans only
Printed/Plotted or Scanned PDFs are acceptable
Combine all individual Floor Plans into a single PDF, in order
● number and name each Floor Plan as the original Sheet is titled
● bookmark each individual Floor Plan

TeleCom Bid PDFs
Provide all TeleCom Sheets and all Electrical Sheets, only
Printed/Plotted or Scanned PDFs are acceptable
Combine all Drawings into a single PDF, in order
● number and name each Drawing as the original Sheet is titled
● bookmark each individual Sheet
● create expanded bookmarks to simplify finding a specific sheet
● for example: TeleCom / Electrical
Lighting Plans / Power Plans / Etc

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 28

Bound AutoCAD Drawings
Deliver Project Record Drawings to the Owner electronically.
1. The intent of these guidelines is to enable the Owner to collect, archive, and use at a later
date digital copies of Record Drawings for any construction project. These projects
include (but are not limited to) new construction, renovations, additions, utility work, and
interiors work. The Owner considers it important to maintain accurate records of new
work for several reasons:
• Accurate information (e.g. underground utilities and tunnels) for future projects.
• Accurate base drawings for future projects, enabling consultants to modify existing
drawings instead of creating new drawings from field measurements.
• Accurate data for the Enterprise Geographic Information System (EGIS).
2. The D-B is responsible for verifying the accuracy of all drawings. Appropriate notation
should be attached (Record Drawings) or detached (official seals and signatures) from
each drawing. There should be an overall consistency in the format of the Record
Drawings as further described below.
3. The Transmittal for the Record Drawings Submittal should contain the following
information:
• Project Name
• Firm name and contact information
• Discipline (Architectural, Mechanical, Landscape, etc.)
• RECORD DRAWINGS
• Date of the Record Drawings Submittal
Format:
Drawings: All drawings shall be submitted in an AutoCAD .dwg format
Graphics: Preferred formats for graphics (photos, sketches, renderings, etc.) include: .jpg
and .pdf
Content of Record Drawings Digital Submittal:
Submit a digital copy of each sheet in the set, and a list of each sheet by page number with
the contents of the sheet and the name of any raster images that are attached.
Record Drawings Label:
• Revision dates should be updated for each submission in the title block (with the last
date being the date of the Record Drawings submission).
• Record Drawings should be clearly seen in bold letters along the bottom of the sheet or
near the title block on the right side of the sheet.
Digital Record Drawings:
• The electronic copies of the Record Drawings should be usable in AutoCAD Release
2013, however the drawings themselves don’t need to be drawn in this release. Usable
is defined as being able to easily identify the file needed, open it, select the appropriate
layout tab (representing one sheet from the hardcopy set), and send it to the plotter
without have to assign proxy graphics, reconnect (and find) External References
(referred to as xrefs from here forward) and raster images, or find a missing .ctb or .stb
(plot style tables) file.
• Each .dwg file should be named using the following format: Sheet Number-xyz
where xyz is a project number or project name or other further identifying label as
determined by the DP. For example: Sheet A1.00 should not be in a file called A1,
but it should be in a file called A1.00-xyz.dwg

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 29

• If more than one sheet is contained in one file, then the file should be composed
to only have one sheet per file and then naming each accordingly.
• Each sheet should be set up on a layout tab of its own in paper space. Each
layout tab should be renamed with the sheet number represented on it. Any
unused layout tabs should be deleted.
• All xrefs should be bound. Any xrefs no longer needed in a drawing should be
“detached” and not just “unloaded”.
• In order to prevent missing raster images, before transferring the digital files,
place all raster images in the same folder as the file into which they are
referenced.
• When the transferred files are opened, individual files should be available
either in the root folder or in the first sub-folder. In other words, one shouldn’t
have to open 2 or more sub-folders to find a file.
• The file with pen weights (.ctb or .stb file) should be included in the transfer,
along with any other non-standard font or shape files.
• Each layout should be set up for either 24”x36” or 30”x42” according to the
following settings:
Plotter:
None Plot
Area:
Layout
Pen Assignment: As per D-B’s own .ctb or .stb
file Scale: 1:1
Viewports: Should be zoomed to appropriate scale and locked
Paper size: ArchD (24”x36”) or E1 (30”x42”) that matches the plotted drawing set

GeoDatabase AutoCAD Drawings
Provide the following composite drawings derived from the project documents:
1. The intent of this guideline is to insure new facility information is available to
City of Glendale in a form and at a time in the design process which will enable a
more effective update City of Glendale Citywide Database.
2. To meet this intent, an electronic drawing file will be created through compositing a
number of CAD layers from different source drawings. This new drawing file will
then be transformed into the original units, coordinates, and scale of the City’s
GeoDatabase. If desired, several composite drawings may be created (e.g., one for
site layers, one for architectural layers, etc.) so long as they all end up in the same
original GeoDatabase coordinates.
3. Composite Drawing Elements: The composite drawing(s) should include at a
minimum the following plan view elements separated into distinct layers by feature
types (e.g. survey monuments and monument labels on different layers, trees on one
layer and shrubs on a different layer, etc.). Name each layer within categories as
noted below (e.g. Hardscape, Irrigation, Building Footprint, etc.) name beginning
with a standard prefix for that category (e.g. Plant_xyz.dwg, Irrig_xyz.dwg, etc.).
Name layers in a way which legibly communicates the subject layer. This could be
in one or several drawings, although all layers must spatially register with each
other properly.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 30

Site Information
Existing survey control monuments referenced in the project, and new ones added
Planting plan
Hardscape plan (walks, streets, curbs, parking, parking lot striping, etc.)
Irrigation lines and components
Building footprint
Underground site utilities and/or building connection points
Site work / grading
Drainage
Other site structures proposed by the project
Building Information
Survey control monuments
Building footprint and roof outline
Architectural plans for each floor Interior layout plans for each floor
Structural plans for each floor
Plumbing plans for each floor
Mechanical Piping and HVAC Ductwork plans for each floor
Electrical Power and Lighting plans for each floor
Telecommunications (voice, data, audio/visual, etc.) plans for each floor
4. Transform this composite drawing(s) into the original state plane coordinates (see Survey
Requirements defining units, scaling and other transformation parameters in this Exhibit
B). Do not include imbedded blocks or x-refs (i.e., explode all elements/layers so that
they permanently reside in the drawing and its transformed coordinates).
5. Provide an Index in Word or Excel, for each composite drawing, listing and describing
drawing category prefixes, which are used to group the layers by features and by subject.
Also list the names for each category and briefly describe contents.
6. Provide the Enterprise GeoDatabase Drawings at two times:

with the 100% Construction Documents
with the Project Record Drawings

Project Survey AutoCAD Drawings
Save files in AutoCAD release 2013

Site Plan AutoCAD Drawings
Provide Overall Site Plan only:
● survey monuments
● buildings
● hardscape (walks, streets, curbs, parking, parking lot striping, etc.)
● other site structures proposed by the project
Save files in AutoCAD Release 2013
No coordinate shift or other modifications required in this drawing; just the Site Plan current
at that phase, in project coordinates

Key Plans AutoCAD Drawings
Provide separate DWG file for each floor, as applicable
Save files in AutoCAD Release 2013

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 31

Formatting of AutoCAD Floor Plan Files
● include Room Numbers and Room Names
● depict each wall as two lines only (representing the finished surface on each side of the
wall)
● include only lines for each floor on that Floor Plan
● remove intermediate lines, hatching, and symbols from within the walls
● include the project’s original site survey monuments on a separate layer, on the Floor Plan
which includes the building’s Main Entrance
● additional construction-phase monuments may be added as well
● include separate hardscape layers on the Floor Plan which includes the building’s Mai
Entrance
● existing hardscape layers (pre-construction streets, curbs, walks, site walls) from the
project’s site survey
● sidewalk and pedestrian hardscape layers created for the project
● include doors and windows
● include major pieces of fixed equipment, casework, lab benches, etc.
● remove dimensions
● remove notes and keynotes
● remove structural grid
● remove symbols
● set up layer and block properties to facilitate black-on-white printing on a variety of
plotters
● avoid nested blocks and hard-set colors

Security Design AutoCAD Drawings
Provide Floor Plans, Reflected Ceiling Plans, and Sections only
● save files in the AutoCAD Release 2013 Formatting of AutoCAD Files
● include Room Numbers and Room Names
● include doors and windows
● include major pieces of fixed equipment, casework, lab benches, etc.
● remove dimensions
● remove notes and keynotes
● remove structural grid
● remove symbols
● set up layer and block properties to facilitate black-on-white printing on a variety of
plotters
● avoid nested blocks and hard-set colors

Wi-Fi Design AutoCAD Drawings
Provide Site Plans, Floor Plans, and Reflected Ceiling Plans only
● save files in the AutoCAD Release 2013
Provide BIM Model, as applicable
● (see detailed requirements below)
Formatting of AutoCAD Files
● include Room Numbers and Room Names
● include doors and windows

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)
Page | 32

● include major pieces of fixed equipment, casework, lab benches, etc.
● remove dimensions
● remove notes and keynotes
● remove structural grid
● remove symbols
● set up layer and block properties to facilitate black-on-white printing on a variety of
plotters
● avoid nested blocks and hard-set colors

BIM Model – if applicable
A complete BIM Model, including all design disciplines, in the Latest Release of Revit.

Submitting the BIM Model does not exempt the D-B from submitting Record and As-Built
Drawing AutoCAD and PDF files, as described in this document.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

EXHIBIT B

SCHEDULE OF PAYMENTS

Specific payments to DP are subject to and will be made following DP’s completion of the
following order of milestones in accordance with the Contract Time:

Milestone
Activity
Payment
Number
1.
Program Development Subphase
$0
2.
Conceptual Design Subphase
$78,990
3.
Schematic Design Subphase

$0
4.
Design Development Subphase
$125,839
5.
50% Construction Documents / GMP-Setting Subphase
$127,264
6.
100% Construction Documents Subphase
$74,828
7.
Construction Administration Subphase
$0
8.
Closeout Subphase
$0
9.
Warranty Subphase
$0

10.
Reimbursable Expenses
$368,000

Total:

$774,921

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

EXHIBIT C

DP PROPOSAL

Arcadis U.S., Inc. Proposal Dated 09/29/2023

(18 pages)

30181855
A-1
09/29/2023

EXHIBIT A
Professional Services Agreement

CITY OF GLENDALE
WEST AREA WATER RECLAMATION FACILITY IMPROVEMENTS
Project No. 222348.1

WAWRF HVAC Upgrades Project
Design Services

PROJECT

DESCRIPTION OF PROJECT:
The City of Glendale (CITY) West Area Water Reclamation Facility (WAWRF) provides
Class A+ effluent with a rated capacity of 11.5 million gallons per day (MGD) for reuse and aquifer
recharge. The effluent is used at various lakes within the City and for recharge at the West Area
Aquifer Recharge Facility (WAARF) and the New River Agua Fria Underground Storage Project
(NAUSP). The City has experienced challenges with equipment related to several facilities both
at the treatment plant and offsite. Arcadis has previously evaluated these areas in 2018. Subsequent
design and construction have occurred based on recommendations identified in the 2018 Facilities
Evaluation Report.

This contract includes design services for heating, ventilation, and air conditioning (HVAC)
upgrades throughout WAWRF based on the recommendations and findings from the WAWRF
and Related Facilities Improvements Evaluation Report (July 2018), the HVAC site visit
memorandum (April 2022) and scoping workshops with the CITY (Q2 and Q3 of 2022). The
scope of work generally includes the following:
• Heating, Ventilation, and Air Conditioning (HVAC) equipment replacement and control
network upgrades at the Administration Building (ADM), Operation and Maintenance
Building (OPM) and various process buildings throughout the treatment plant.

The Scope of Work as agreed between the CITY and Arcadis (CONSULTANT) is defined in detail
in Exhibit B-1, Exhibit B-2, and Exhibit B-3. The project delivery mechanism is assumed to be
Construction Manager at Risk (CMAR) or Job Order Contractor (JOC). Services will assume an
appropriate level of detail for the CMAR/JOC to develop guaranteed maximum price (GMP)
proposals and construction related services. The CONSULTANT may assist CITY with review
and coordination with CITY-selected CMAR/JOC as defined in Exhibit B-1, Exhibit B-2, and
Exhibit B-3 of the Scope of Work. Construction Administration Services are included and detailed
in Section 700 of Exhibit B-1.

30181855
B-1
09/29/2023

EXHIBIT B-1
Professional Services Agreement

CITY OF GLENDALE
WEST AREA WATER RECLAMATION FACILITY IMPROVEMENTS
Project No. 222348.1

WAWRF HVAC Upgrades Project
Design Services

SCOPE OF WORK

This Scope of Work describes Engineering Services to be provided by Arcadis U.S., Inc.
(CONSULTANT) for the City of Glendale (CITY). The Engineering Services to be provided under
this Scope of Work shall include services related to design improvements identified in the Phase I
Evaluation Report prepared by the CONSULTANT in July 2018, and the HVAC Site Visit
Memorandum prepared by the CONSULTANT in April 2022 . The Scope of Work to be performed
consists of the following services:
1.
Project Administration Services; Section 100
2.
Prepare Contract Documents; Section 200
3.
Allowances; Section 700
Other SUBCONSULTANTS working with CONSULTANT shall include the following:
-
None.
The Engineering Services are predicated on the following assumptions:
1.
The CITY will select a Construction Manager at Risk (CMAR) or Job Order Contractor
(JOC) for a CMAR/JOC design/construction method. The CONSULTANT will
interface and coordinate with the CITY-selected CMAR/JOC during project elements
relating to design/constructability review, estimated construction costs, early equipment
procurement, construction, programming/configuration, start-up, commissioning, and
post-construction project elements. Opinions of probable construction costs will be
performed by CMAR/JOC for development of a Guaranteed Maximum Price (GMP).
Work shall be under a single contract. The CMAR/JOC will participate in the design
over an estimated 9-months duration. The anticipated Notice to Proceed date is October
2023. Design and initial construction will be performed under the same contracted
CMAR/JOC.
2.
The term “Contract Documents” as used herein refers to the combination of the
CMAR/JOC’s contract with the CITY and CONSULTANT’s construction documents.
3.
The CMAR/JOC shall receive and transmit to and from the CONSULTANT all early
procurement/preconstruction submittals, correspondence and necessary documentation
from their suppliers and subcontractors. The CMAR/JOC will review these for
completeness in accordance with the Contract Documents.

30181855
B-2
09/29/2023

4.
The CITY will procure the services of a third-party contractor to perform detailed startup
and commissioning services for the project. The third-party contractor will be included
in design-related workshops held between CITY, CMAR/JOC, and CONSULTANT.
CONSULTANT will provide limited startup and commissioning services during
construction. This scope includes general assistance and coordination with third-party
contractor only.

The Contract Documents are defined as the Agreement, General Conditions, Supplemental
Conditions, Drawings, Standard Details, Specifications, Addendums, and executed change orders
prepared for construction of the project. A breakdown of agreed upon work in each area is provided
as part of Exhibit B-2.

SECTION 100 – PROJECT ADMINISTRATION AND MANAGEMENT

Under this task, the CONSULTANT shall perform overall project management throughout the
project as detailed in the following subtasks:

Task 110 Project Management

The CONSULTANT shall perform overall Project Management of the work, which
consists of the administrative tasks necessary to maintain the overall project budget and
schedule and includes the preparation of and assembly of the monthly reports and
invoices. Under this task the CONSULTANT shall meet monthly with the CITY’S
representative to discuss the services, the costs associated with the cash flow projections,
and the schedule of services performed under this Scope of Work, and the overall status,
progress, and issues on the project.

Task 120 Conduct Project Meetings and Presentations

The CONSULTANT shall host and participate in monthly progress meetings to discuss
the development of the project, and specific technical aspects of the work for
coordination of stakeholders. Meetings will be used to refine scope of design work based
on input by CITY facilities, operations and engineering staff. Meetings will be attended
by the CONSULTANT’s Project Manager, Discipline Design Leads, and Principle-in-
Charge. The following meetings and items shall be included:
• Monthly design progress meetings as described under Task 120.
• The CONSULTANT shall provide appropriate agenda and any presentation
slides in electronic .pdf format upon request.
• The CONSULTANT will distribute meeting notes, decision tracking log
spreadsheet, and action item checklist to document assignments and decisions
made during monthly meetings.

Task 130 Coordinate and Attend CMAR/JOC Conducted Meetings

In addition to coordination at the monthly project meetings and workshops, the
CONSULTANT shall meet with representatives from the CMAR/JOC selected by the
CITY for this project. It is assumed the CMAR/JOC shall supply constructability

30181855
B-3
09/29/2023

comments and cost models at the 60% and 90% design phase. These CMAR/JOC
comments and cost models will be reviewed by the design team and provide responses
as needed. Coordination meetings will be led by the CMAR/JOC to discuss alternative
design details and construction approaches to improve constructability of the project,
review the construction cost schedule, and develop alternatives as required to meet the
construction completion date established by the CITY. The CONSULTANT shall
prepare for and attend up to three (3) dedicated coordination meetings with the
CMAR/JOC.

Task 140 Perform Regulatory Agency Coordination (NOT USED)

The CONSULTANT does not anticipate regulatory agency approval for HVAC
upgrades.

Task 150 Coordination with City Building Services Department (BSD)

The CONSULTANT shall work with the CMAR/JOC and CITY staff to coordinate with
the Building Services Department. This effort is based on the preparation of special
inspection certificates, providing special electrical inspections for the work, submitting
contract documents for review, and responding to comments. It is assumed the CITY will
coordinate fees for submission of documents. Efforts include one (1) meeting with CITY
BSD reviewers and pertinent design staff for clarifications.

It is assumed the CITY will perform Lead and Asbestos Testing through a third-party.
The CONSULTANT will provide assistance to direct testing in identifying work
locations and construction activities by doing a site walk and being available for follow-
up questions.

SECTION 200 – PREPARE CONTRACT DOCUMENTS

Plans and Specifications for HVAC upgrades as described in Exhibit B-2 are based on
the WAWRF and Related Facilities Improvements Evaluation Report prepared by
Arcadis for the City in July 2018, the HVAC Site Visit Memorandum prepared by
Arcadis for the City in April 2022, and scope meetings with the CITY. This task
includes the following deliverables:

• Draft Design Criteria Memorandum
• 60% Design Drawings and Specifications
• Constructability, Operability and 60% GMP Review
• 90% Design Drawings and Specifications
• 90% QA/QC Review
• 100% Agency Review Design Drawings and Specifications/ Final Design Criteria
Memorandum
• 100% Final Issued for Construction Design Drawings and Specifications

30181855
B-4
09/29/2023

Task 210 Design Criteria Memorandum

A 30% level technical memorandum (TM) will be developed to establish the following key
items:
1. Scope of work identified in Exhibit B-2.
2. Related site inspection and testing findings, notable constraints, and
recommendations.
3. Basis of design criteria.
4. Preferred and one alternative equipment manufacturer, and materials selections
to be used for design.
5. Recommended communications repairs and upgrades based on testing and
alternatives analysis.
6. Applicable standards.
7. Concept figures.
8. Manufacturers used as the basis of design.

Detailed plans and specifications will not be included with the 30% TM. CONSULTANT
will provide estimate of probable construction cost for the 30% TM only, all other detailed
costs and GMP proposals will be provided by the CMAR/JOC. Input from CITY staff shall
be obtained during this portion of the design through regularly scheduled meetings as
described in Task 120 and 130.

The CONSULTANT will perform document and site history review, site visits, inquiries
with CITY staff, and additional documentation requests. All communications will be
directed to appropriate CITY staff as specified in CITY-provided contact list. TM will
include findings from site visits identifying any items visibly in need of repair not identified
in previous reports/memorandums. Site visits will not be used to perform detailed condition
assessment. Subsequent site visits may occur to confirm special dimensions of equipment
to be replaced that is not a direct in-kind replacement.

Upon completion, the TM will be issued electronically to CITY staff for review and
comment. After 2-weeks from submission, comments will be collected, organized, and
responded to in a design comment/response log. Review of responses to comments will be
finalized in a subsequent design meeting and any notable decisions will be captured in the
decision tracking log described in Task 120.

Task 220 60% Design Documents

A.
A 60% set of plans and specifications shall be developed, incorporating any CITY
comments from the design TM. Drawings and Specifications will be delivered to the CITY
electronically in .pdf format. Input from CITY staff shall be obtained during this portion
of the design through regularly scheduled meetings with operations and engineering input
groups in accordance with Task 120 and 130. Upon completion, the 60% drawings and
specifications will be issued electronically to CITY staff and the CMAR/JOC for review
and comment. After 2-weeks from submission, comments will be collected from both
CITY and CMAR/JOC to be organized and responded to in a design comment/response

30181855
B-5
09/29/2023

log. Responses will be returned to the CITY 2-weeks following receipt of responses.
Review of responses to comments will be finalized in a subsequent design meeting and any
notable decisions will be captured in the decision tracking log described in Task 120. The
60% design documents shall include:

• General Drawings and Specifications
• HVAC Drawings and Specifications
• Electrical Drawings and Specifications
• Instrumentation and Control Drawings and Specifications
• Asset registry (equipment only)

B.
The various disciplines work, drawings, and specifications are defined as follows:
1. General: Title sheet/location map, list of drawings and general notes, symbols and
abbreviations, site and key plan.
2. HVAC: Plans, sections, and details for HVAC work and demolition at the
Administration Building, Operation and Maintenance Building, Chemical
Building, RAS/WAS Pump Station, Electrical Building, Blower Building,
Preliminary Treatment Building and plant wide control network upgrades.
3. Electrical Drawings: One-line diagrams, electrical site plan, plan views,
panelboard, lighting plan, equipment elevations, motor control schematics, and
standard electrical details for electrical work. Conduit / cable schedules will be
developed in Excel and included in Division 26 of the Project Manual and on the
drawings.
4. Instrumentation and Controls (I&C): Process and instrumentation diagrams,
network architecture diagrams, equipment control panel elevations, and internal
layouts, control schematics, control descriptions, and instrumentation details for
I&C work related to HVAC equipment at the WAWRF. Instrumentation P&IDs
will use most recent serialized asset ID tags, compatible with CITY’s asset registry
and O&M system. A preliminary asset tag registry will be generated and
coordinated with the CITY.
5. Specifications: Technical specifications will be prepared in accordance to
Construction Specification Institute 48-Division organization (MasterFormat
2014). Specifications will be based on Arcadis Standard Specifications, modified
for to this project. To a reasonable extent possible design will incorporate by
reference previous specifications completed under past amendments.
6. Drawings: Contract Drawings will be prepared using the CITY’s standard title
block and cover sheet. Drawings will be developed using AutoCAD 2021. Existing
two-dimensional drawings will be utilized for the various facilities. Sheets will be
produced in 22x34 size and supplied to the CITY in .pdf format.
7. Asset Registry: Most recent version of CITY supplied spreadsheet filled out by the
CONSULTANT of all HVAC and electrical equipment being replaced that receives
a unique serialized ID for asset management. Identifying equipment and
assigning/requesting asset IDs for equipment not being replaced under this project
is beyond the scope of this work. Develop equipment hierarchy table(s) is beyond
the scope of this work.

30181855
B-6
09/29/2023

C.
The CONSULTANT shall comply with the following in preparing design documents
(standard specifications and details will be incorporated into the bidding documents by
reference – they will not be reproduced within the bidding documents):

1. MAG Uniform Standard Specifications and Details for Public Works Construction
(current version).
2. City of Glendale Design and Construction Standards (current version).
3. City of Glendale Building Codes and ordinances (current version).
4. All applicable code requirements for this project

CONSULTANT will compile in Contract Documents with CITY-provided asset tag ID(s),
warranty requests, and recommended spare parts.

Task 230 Constructability, Operability, and 60% GMP Review

It is assumed the CMAR/JOC will provide constructability comments within 2-weeks of
delivery of 60% design documents for review and response. It is understood the
CMAR/JOC will provide a 60% GMP cost model based upon submitted drawings and
specifications, prior GMPs related to WAWRF, and comments/responses to develop a 60%
GMP. The cost model will be provided within 4 weeks after delivery of 60% documents.
The CONSULTANT will review cost model and provide comment to accuracy of captured
costs and any additional comments of concern after.

Fourteen (14) days after delivery of cost model the CITY, CMAR/JOC, and
CONSULTANT will hold a CMAR/JOC-led meeting presenting costs and cost saving
alternatives. The CONSULTANT will work with the CITY and CMAR/JOC to evaluate
alternatives presented by the CMAR/JOC based on cost model alternatives for equipment
and construction. Alternatives selected at this meeting will be incorporated into the 90%
design document deliverable. Changes made to design or selected equipment after the close
of this review meeting, and no later than 14 days after, resulting in redesign is considered
additional work and is subject to change order requests for schedule and fee.

Task 240 90% Design Documents

Following review of the cost model as described in Section 230 the plans and specifications
will be taken from 60% to the 90% level. Changes may include but not limited to
incorporating review comments, adding additional detail, and incorporating internal
QA/QC review comments. Design documents will be delivered electronically in .pdf
format. CITY and CMAR/JOC input shall be maintained in accordance with Task 120 and
130.

It is assumed after delivery of 90% documents the CMAR/JOC will prepare a draft final
Guaranteed Maximum Price (GMP) for the project. The CONSULTANT will review the
cost model and provided comment to the CITY. The CONSULTANT with the CITY will
attend a CMAR/JOC led meeting as described in Task 130 to review comments and
changes that occurred between 60% and 90% cost models. Prior to delivery of CMAR/JOC

30181855
B-7
09/29/2023

Final GMP the CONSULTANT will engage the CMAR/JOC to identify items that may not
be shown on 90% documents is captured so appropriate contingencies can be included in
the GMP. After CMAR/JOC and CONSULTANT coordination the CONSULTANT will
attend a third GMP review meeting conducted by the CMAR/JOC.

Task 250 Arcadis Internal QA/QC

Prior to completion of the 90% design documents to the CITY, the CONSULTANT shall
perform an internal detailed QA/QC check of the plans and specifications for the work.
The detailed QA/QC check shall include the following:

1. Review and check of the plans and specifications for conformity with the Wastewater
Design Checklist.
2. A coordination review and check of the plans with the specifications to ensure work,
equipment, materials, and cross references are correct and accounted for. An
interpretability review will also be included.
3. A coordination check between the electrical work with all specialty groups including
HVAC and instrumentation.
4. Review of all applicable codes for compliance with latest version.

Task 260 100% Agency Review Design Documents

It is assumed the CITY and CMAR/JOC will provide review comments to 90% documents
within 2-weeks of delivery. The CONSULTANT will respond, and return tracked
comment/responses using communications established in Task 120. Design documents will
be taken from 90% to a Draft Final 100% or 100% Agency Review Set, stamped by
registered professional engineers. Comment by the CITY and CMAR/JOC from 90%
design review will be incorporated. The CONSULTANT will coordinate the preparation
of permit applications and submissions to Glendale Building Services for review. The 30%
Design Technical Memorandum will be updated to a Final Design Technical Memorandum
to reflect final design decisions and work represented in drawings and specifications. Fees
paid for permit applications will be paid by the CITY. Delivered documents for Agency
Review include:

1. City of Glendale Development Services Building Permit Application
2. Updated and Finalized Design Technical Memorandum
3. Stamped and Sealed Engineering Calculations
4. Stamped and Sealed Design Drawings
5. Stamped and Sealed Specifications

Task 270 100% Final Issued for Construction Design Documents

The CONSULTANT will provide responses and clarification to any comments from the
City of Glendale Development Services Department Building Permit review. Design
Documents will be updated accordingly to incorporate review comments. The

30181855
B-8
09/29/2023

CONSULTANT will review response with the CITY prior to returning for finalization of
the permit. It is assumed that no more than one round of comment/response
communications will be required to satisfy permitting requirements. The CONSULTANT
will provide time for one meeting with the CITY for clarification of comments and ensure
timely and accurate response.

Issuance of design documents for resubmittal to the CITY assumes no additional
resubmittals will be required and will be considered final and “Issued for Construction”,
awaiting receipt of permit(s).

SECTION 300 – NOT USED

SECTION 400 – NOT USED

SECTION 500 – NOT USED

SECTION 600 – NOT USED

SECTION 700 – Allowances

Task 710
Owners Contingency

The CONSULTANT will perform additional services as determined by the CITY. An
allowance of $62,000 has been established for this task (approximately 15% of overall
design services).

Task 720 Electrical Testing Results and Design

An allowance of $100,000 has been established for additional design work that may be
identified based on the findings and recommendations of the testing of major electrical
equipment performed by a third party.

Task 740 Services Involving Travel

Services involving travel shall require separate specific authorization by the CITY prior to
performing the travel. Task 740 is for services requiring out-of-town travel required by the
CONSULTANT to visit the WAWRF for design and construction, and/or inspect electrical
panel fabrication shops. The CONSULTANT will prepare a written report of the results
from the tests and/or inspection and submit to the CITY. An allowance of $6,000 has been
established for this task.

Task 760 Construction Administration Services

An allowance in the amount of $200,000 has been established for Construction
Administrative Services (CAS). The purpose of these funds is to provide support during
construction and shall provide the following.

30181855
B-9
09/29/2023

• Provide general startup and commissioning assistance and coordinate with CMAR/JOC
and third-party commissioning contractor. Detailed commissioning will be provided by
third-party.
• Provide up to 6 months of inspection and observation services, not to exceed allowance
amount when combined with other services stated herein. Limited to one (1) site visit per
week. Inspector will document construction progress through images and provide a
weekly summary report.
• Construction Kickoff Meeting
• Review and respond to Submittals and Requests for Information.
• Review of Construction Schedule.
• Review Pay Application requests by the CMAR/JOC.
• Collect copies of material and equipment delivery tickets. Inspect deliveries for damage
and acceptance.
• Attend bi-weekly construction progress meetings.
• Other services typical to and as directed by the CITY relating to the construction of the
designed project, not to exceed the allowed when combined with other services stated
here.
• Does not include special inspection services and material quality testing.

30181855
B-10
09/29/2023
EXHIBIT B-2
Professional Services Agreement

CITY OF GLENDALE
WEST AREA WATER RECLAMATION FACILITY IMPROVEMENTS
Project No. 222348.1

WAWRF HVAC Upgrades Project
Design Services

CITY IDENTIFIED SUMMERIZED TASK ITEMS

The following items have been reviewed by CITY staff and identified as items to be
included in design service as described in SECTION 200 of Exhibit B-1.
HVAC repairs, modifications, and updates across the Plant.
Line
Item
Description
General HVAC Items
H1.
General HVAC maintenance and cleaning. Replace pre and post Filters at all air handling units.
Clean interior of ducting system.
H2.
Perform general maintenance and cleaning to all cooling units. Check refrigerant levels. Clean
condensers.
Administration/Operations & Maintenance Building
H3.
Replace chillers (2) at Admin/Ops Building. (NOTE: Early procurement/pre-purchase item)
H4.
Replace electric boiler at Admin/Ops Building.
H5.
Rehabilitate or Replace cooling tower for Admin/Ops Building.
H6.
Plantwide HVAC control system replacement.
H7.
Chilled water and hot water packaged pumping systems & VFDs.
H8.
NOT USED
H9.
All air handling units and evaporative coolers that have not already been replaced.
H10.
All Variable Air Volume (VAV) boxes that have not already been replaced.
H11.
Replace roof mounted heat pumps and AC units and provide hail guards.
H12.
All supply and exhaust fans that have not already been replaced
H13.
Replace laboratory control system, including fume hood air control valves to restore functionality.
H14.
Design new HVAC system at maintenance shop. Disconnect the maintenance shop from
evaporative cooler OPM-EC-1 and provide a dedicated packaged heating and air conditioning unit
to serve the maintenance shop. The remaining rooms connected to OPM-EC-1 which include
Compressor Room 123, entry vestibule adjacent to Room 123, General Storage 102, Welding
Shop, Flammable Storage 107, CCTV Truck Storage 108, Grounds Keeping Room 109, and
Storage Room 110 (repurposed to another room) will remain evaporatively cooled and connected
to OPM-EC-1. Existing modifications to the toilet/locker room exhaust system associated with
OPM-EF-1 will be restored to “as-originally designed” conditions.
Additional discussions with the CITY will determine if the Welding Shop and some of the other
rooms connected to OPM-EC-1 should be provided with dedicated air conditioning units to
prevent moisture from effecting equipment.
H15.
Provide exhaust fan to ventilate chemical storage cabinets located below fume hood to the
outdoors.

30181855
B-11
09/29/2023

HVAC repairs, modifications, and updates across the Plant.
Line
Item
Description
H16.
NOT USED
H17.
Replace pre and post Filters at all air handling units with higher filtration efficiency filters. Clean
interior of ducting system.
H18.
Restore non-functional laboratory fume hood and re-certify.
H19.
Design new pneumatic equalization system that is within Water Quality Lab mechanical room.
Remove the air compressor and associated pneumatic piping associated with the air control valves
assuming the air compressor isn’t being utilized for other functions within the lab.
H20.
Provide a new Phoenix Control system panel to replace existing panel in Laboratory Storage
Room for interfacing with the HVAC control system so information from the laboratory control
system can be passed onto the enterprise network through BACnet IP communications.
Chemical Building Electrical Room
H21.
Replace original unit in control room (CHM-HP-1).
H22.
Replace unit for electrical room (CHM-AC-1). Other unit to remain.
H23.
Replace original evaporative cooling unit.
RAS/WAS Electrical Room
H24.
Replace the control room unit (RPS-HP-2). The electric room unit (RPS-HP-1) to remain.
Main Electrical Building
H25.
Replace packaged roof top heat pump since it uses R-410A refrigerant and is more than 10-years
old.
Blower Building
H26.
Replace original control room unit (BLO-HP-1). The unit serving the electric room (BLO-HP-2)
to remain.
H27.
Connect the Distech control panel to the new proposed plant wide HVAC control system network.
H28.
Relocate wall mounted RIB (relay in a box) located on the west side of the mezzanine level
adjacent to the high voltage bridge crane electrified track to different location in close proximity.
Preliminary Treatment Solids Building
H29.
Remove wall mounted exhaust fan and restore CMU wall and expansion joint in kind.
Plant Wide Control System
H30.
Install the latest HVAC control system technology meeting the City’s HVAC controls system
standards (Distech Controls).
H31.
Replace existing field mounted sensors and similar devices, hydronic valves, and motorized
actuators located in VAV boxes and at dampers.
H32.
Replace control device wiring at the ADM and OPM Buildings. Replace control device wiring
and conduit at the BLO Building where water intrusion has been observed in conduits connecting
roof mounted field devices to the ATC panel. Reuse control device conduit and wiring at all
remaining buildings.
H33.
Calibrate and field test controls system to ensure fully functional systems plantwide.
H34.
Remove and replace ATC panel face-mounted HMI’s with new HMI’s compatible with the new
control system for local access by WAWRF staff to the control system while in the associated
building.
H35.
Replace the computer workstation in the Administration Building Electrical Room to support the
new control system locally at the WAWRF.
H36.
Provide a virtual server associated with the new control system on the City’s enterprise network
so that all control system graphics can be located at one location and accessed throughout the
entire network inside or outside the WAWRF.

30181855
B-12
09/29/2023

HVAC repairs, modifications, and updates across the Plant.
Line
Item
Description
H29.
Abandon existing LonWorks communication bus in-place. The conduit containing the
communications bus (22 ga, 2-wire) is shared with other cables and is congested. Removing the
wire could be accomplished but at the risk of damaging adjacent wiring.
H30.
Existing network switches located within each building provide connectivity to the City’s
enterprise network. The HVAC control system in each building will be connected to the
associated enterprise network switch so that the building’s control system can be accessed as part
of the City’s wide area network.
H31.
Provide HVAC equipment monitoring controls at the new Primary Sludge Pump Station and
associated Electrical Building and connect to the plant-wide control system network for remote
monitoring of equipment.
H32.
Replace existing supply and exhaust air control valves in their entirety with new electric
valves equipped with high-speed electronic actuators.
H33.
Replace acoustical ceiling tiles where impacted by HVAC upgrades.

30181855
B-13
09/29/2023

EXHIBIT B-3
Professional Services Agreement

CITY OF GLENDALE
WEST AREA WATER RECLAMATION FACILITY IMPROVEMENTS
Project No. 222348.1

WAWRF HVAC Upgrades Project
Design Services

ASSUMPTIONS AND REQUESTS FOR INFORMATION

General
• All noted time frames are in calendar days unless otherwise specified.
• All requested information shall be provided within 3-weeks of notice to proceed.
• Additional requests for information not stated here may occur. The CITY will
provide a response to all reasonable requests in a timely manner not to exceed 14
days.
• Design effort assumes replacement of like-in-kind equipment.
• Design effort assumes no additional treatment of non-potable water (NPW) for
use at chillers and/or elimination of cooling towers.

Section 100
• The CMAR/JOC will provide pre-construction services during design and will
perform all costs, maintenance of plant operations, and field-verification
activities.
• The CMAR/JOC and third-party commissioning contractor will participate in the
design over a portion of the estimated 9-months duration including review and
approval by the City of Glendale Development Services Department.
• The CITY is responsible for managing, directing, and coordinating the selected
CMAR/JOC and third-party commissioning contractor in conjunction with scope
of work and schedule.

Section 200
• Scope Item H3. Replace chillers (2) at Admin/Ops Building are assumed to be
early procurement/pre-purchase items by the CITY. Detailed design effort
including drawings and specifications for this item has been removed from
CONSULTANT scope of work. Appropriate notes will be placed on drawings to
indicate early procurement of this equipment. NOTE: There is no reduction in
overall drawing list as the CONSULTANT will have associated cooling tower
work on the affected sheets.
• The CMAR/JOC will provide constructability comments within 2-weeks of
delivering 60% design. The CMAR/JOC will also provide any requests for
information to clarify design intent, equipment, and scope of work.
• The CITY shall provide information as requested within 3-weeks of notice to
proceed.
• It is assumed from the time the 60% design documents are delivered and those
described in Section 230 occur consecutively.

30181855
B-14
09/29/2023

• Changes made to design following 60% GMP and design documents may have
impacts to schedule and cause for additional work and is subject to change order
requests to schedule and fee.
• The CITY will provide comments to delivered design documents within 2-weeks.
• CONSULTANT assumes no structural design is necessary and that existing
HVAC equipment pads/curbs are sufficient for like-in-kind equipment.

Section 300
• NOT USED

Section 400
• NOT USED

Section 500
• NOT USED

Section 600
• NOT USED

Section 700
• Permit fees are not anticipated for this project.
• Service involving travel will cover consultant travel/expenses (outside of
Maricopa County) for both design and construction.
• Owner contingency is assumed to be a value of 15% of design costs and requires
preauthorization.
• Construction services allowance assumed to be 50% of design costs and a
construction period of 6 months.
• Detailed startup and commissioning services are assumed to be performed by
third-party commissioning contractor. General assistance and coordination with
third-party are assumed for this scope.
• Electrical design allowance is included to address results and action items from
electrical testing performed by CMAR/JOC and its subcontractors. An
amendment will be provided in the event the electrical testing findings exceed the
allowance amount.

30181855
C-1
09/29/2023
EXHIBIT C
Professional Services Agreement

CITY OF GLENDALE
WEST AREA WATER RECLAMATION FACILITY IMPROVEMENTS
Project No. 222348.1

WAWRF HVAC Upgrades Project
Design Services

SCHEDULE

Engineering services shall be provided in three major tasks in accordance with the
approximate schedule listed below. Tasks will run concurrently, as completion times are
all shown in weeks after Notice-to-Proceed.

Tasks
Approximate
Completion
(in weeks after
Notice-to-Proceed)
SECTION 100: PROJECT ADMINISTRATION AND
MANAGEMENT
40
SECTION 200: PREPARE CONTRACT DOCUMENTS
401
SECTION 700: ALLOWANCES
40
Notes:
1. Assumes 9 months design schedule overall. Approximately 7 months for design to Agency
Review, and 2 months to finalize design and allow for regulatory review and comments.

30181855
D-1
09/29/2023

EXHIBIT D-1
Professional Services Agreement

CITY OF GLENDALE
WEST AREA WATER RECLAMATION FACILITY IMPROVEMENTS
Project No. 222348.1

WAWRF HVAC Upgrades Project
Design Services

COMPENSATION

METHOD AND AMOUNT OF COMPENSATION

Compensation shall be based on an hourly billing rate plus reimbursable expenses for
CONSULTANT and any SUBCONSULTANTS. Documentation for reimbursable
expenses must be included with each payment application.

NOT-TO-EXCEED AMOUNT

The total amount of compensation paid to Arcadis U.S., Inc., for completion of the Work
must not exceed $774,921.

DETAILED PROJECT COMPENSATION

See Page D-2 for Task and Compensation Summary.

30181855
D-2
09/29/2023
EXHIBIT D-2
Professional Services Agreement

CITY OF GLENDALE
WEST AREA WATER RECLAMATION FACILITY IMPROVEMENTS
Project No. 222348.1

WAWRF HVAC Upgrades Project
Design Services

COST BREAKDOWN
Description / Task
Compensation
SECTION 100 – PROJECT ADMINISTRATION SERVICES DURING CONSTRUCTION
Task 110
Project Management (9 Months)
$31,860
Task 120
Conduct Project Meetings and Make Required
Presentations (9 Months)
$39,717
Task 130
Coordinate
and
Attend
CMAR/JOC
Conducted
Meetings
$16,275
Task 140
Perform Regulatory Agency Coordination
$0
Task 150
Coordination with City Building Services Department
$3,562
Subtotal
$91,414
SECTION 200 – PREPARE CONTRACT DOCUMENTS
Task 210
Design Criteria Memorandum (2 Months)
$56,137
Task 220
60% Design Documents (2 Months)
$102,985
Task 230
Constructability, Operability, and 60% GMP Review
$18,912
Task 240
90% Design Documents (2 Months)
$85,499
Task 250
QA/QC
$13,982
Task 260
100% Agency Review Design Documents (1 Month)
$27,304
Task 270
100% Issued for Construction Documents (2 Months)
$10,688
Subtotal
$315,507
SECTION 700 – ALLOWANCES
Task 710
Owner’s Contingency (15%)
$62,000
Task 720
Electrical Testing and Design
$100,000
Task 740
Services Involving Travel
$6,000
Task 760
Construction Administrative Services
$200,000
Subtotal
$368,000
GRAND TOTAL
TOTAL PROFESSIONAL SERVICES FEE
$774,921

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

EXHIBIT D

Dispute Resolution Procedures

1.
Disputes.
1.1
Each Dispute arising out of or related to this Agreement (including Disputes
regarding any alleged breaches of this Agreement) which cannot be resolved by
applications of sections 12.1-12.2, shall be initiated and decided under the
provisions of this Exhibit.
1.2
DP and City shall each designate in writing to the other party, from time to time, a
member of senior management who shall be authorized to attempt to expeditiously
resolve any Dispute relating to the subject matter of this Agreement in an equitable
manner.
1.3
A party shall initiate a Dispute by delivery of written notice to the members of
management designated by the respective parties under Section 1.2 of this Exhibit.
1.4
The parties must:
(A)
Attempt to resolve all Disputes promptly, equitably and in a good faith
manner; and
(B)
Provide each other with reasonable access during normal business hours to
any and all non-privileged records, information and data pertaining to any
such Dispute.
1.5
With respect to matters concerning modification of the Design Process or any
schedule, DP must first follow the provisions of any Claim procedure established
by the Agreement before seeking relief under these Procedures.
2.
Emergency Arbitration.
2.1
If the parties are unable to accomplish resolution of a Dispute, the expedited
resolution of which either party considers necessary to prevent or mitigate a
material delay to the critical path of the Services (a "Time Sensitive Dispute")
within two days after the Time Sensitive Dispute has been initiated by a party, either
party may thereafter seek emergency relief before an emergency arbitrator (the
"Emergency Arbitrator") appointed as follows:
(A)
The parties will exercise best efforts to pre-select an Emergency Arbitrator
within 20 days after entering into this Agreement;
(B)
If the Emergency Arbitrator has not been selected at the time a party delivers
Notice of a Time Sensitive Dispute, the parties will each select a
representative within one day after the Notice is delivered and the two
representatives will then select the Emergency Arbitrator by the third day
following delivery of the Notice.
(C)
The Emergency Arbitrator shall be an attorney with at least ten (10) years’
experience with commercial construction legal matters in Maricopa County,

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

Arizona, be independent, impartial, and not have engaged in any business
for or adverse to either party for at least ten (10) years.
2.2
The Emergency Arbitrator will conduct a hearing and render a written
determination on the Dispute to both parties within five business days of the matter
being referred to him or her, all in accordance with Rules O-1 to O-8 of the
American Arbitration Association ("AAA") Commercial Rules-Optional Rules for
Emergency Protection Commercial Rules ("AAA Emergency Rules").
2.3
Although the hearing will be conducted using AAA rules, unless both parties agree
otherwise, this dispute process will not be administered by the AAA but will be
conducted by the parties in accordance with these procedures.
2.4
If, however, an Emergency Arbitrator has not selected within three days after
delivery of the Notice, either party may upon three days additional notice, thereafter
seek emergency relief before the AAA, in accordance with the AAA Emergency
Rules, provided that the Emergency Arbitrator meets the qualifications set forth
above.
2.5
All proceedings to arbitrate Time Sensitive Disputes shall be conducted in
Glendale, Arizona.
2.6
Presentation, request for determination (i.e., a party’s prayer), and the Emergency
Arbitrators decision will adhere to the procedures required in Section 3.6 of this
Exhibit.
2.7
The finding of the Emergency Arbitrator with respect to any Time Sensitive
Dispute will be binding upon the parties on an interim basis during progress of the
Services, subject to review de novo by arbitration after the Project Substantial
Completion Date.
2.8
The time and extent of discovery will be as determined by the Emergency
Arbitrator.
(A)
Discovery orders of the Emergency Arbitrator will consider the time
sensitivity of the matter and the parties desire to resolve the issue in the
most time and costs efficient manner;
(B)
The parties are obligated to cooperate fully and completely in the provision
of documents and other information, including joint interviews of
individuals with knowledge such that the matter moves toward resolution
in the most time and costs efficient manner and the Emergency Arbitrator
is empowered to fashion any equitable penalty against a party that fail to
meet this obligation.
3.
Non-Emergency Arbitration.
3.1
Except as provided in Section 5 of this Exhibit, any Dispute that is either a non-
emergency Dispute that has not been resolved by negotiation, or a de novo review
of an AAA emergency arbitration will be decided by binding arbitration by a panel
of three arbitrators in accordance with, but not necessarily administered by, the
Construction Industry Rules of the AAA.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

(A)
The parties shall each select an arbitrator within 15 days after notice that a
party desires to resolve a dispute by arbitration.
(B)
The two arbitrators shall then each select a third arbitrator. If an arbitrator
is not selected within any such 15 day period, then the arbitrator shall be
appointed by the AAA.
3.2
The arbitrator(s) shall meet the qualifications of Emergency Arbitrators as provided
in Section 2 of this Exhibit.
3.3
The arbitrators do not have the authority to consider or award punitive damages as
part of the arbitrators' award.
3.4
In connection with such arbitration, each party shall be entitled to conduct up to
five depositions, and, no less than 90 days prior to the date of the arbitration hearing,
each party shall deliver to the other party copies of all documents in the delivering
party's possession that are relevant to the dispute.
3.5
The arbitration hearing shall be held within 150 days of the appointment of the
arbitrators.
3.6
At the arbitration hearing, each party will argue its position to the arbitrators in
support of one proposed resolution to the dispute (a “Proposed Resolution”).
(A)
Each party’s Proposed Resolution must be fully dispositive of the dispute.
(B)
The arbitrators must select one Proposed Resolution by majority consent
and are not free to fashion any alternative resolutions.
(C)
The parties must submit their proposed resolution of the matter to the
arbitrators and the other party 15 days prior to the date set for
commencement of the arbitration proceeding.
(D)
The decision of the arbitrators will be forwarded to the parties within 15
days after the conclusion of the arbitration hearing.
(E)
The decision of the arbitration panel is final and binding on the parties and
may be entered in any court of competent jurisdiction for the purpose of
securing an enforceable judgment.
(F)
All costs and expenses associated with the arbitration, including the
reasonable legal fees and costs incurred by the prevailing party, must be
paid by the party whose position was not selected by the arbitrators.
4.
Continuing Work. Unless otherwise agreed to in writing, DP must continue to perform
and maintain progress of the Work during any Dispute Resolution or arbitration
proceedings, and City will continue to make payment to DP in accordance with the
Agreement.
5.
Exceptions.
5.1
Neither City nor DP are required to arbitrate any third-party claim, cross-claim,
counter claim, or other claim or defenses in any action that is commenced by a
third-party who is not obligated by contract to arbitrate disputes with City and DP.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

5.2
City or DP may commence and prosecute a civil action to contest a lien or stop
notice, or enforce any lien or stop notice (but only to the extent the lien or stop
notice the party seeks to enforce is enforceable under Arizona law), including,
without limitation, an action under A.R.S. § 33-420, without the necessity of
initiating or exhausting the procedures of this Exhibit.
5.3
This Exhibit does not apply to, and may not be construed to require arbitration of,
any claims, actions or other process undertaken, filed, or issued by the City of
Glendale Building Safety Department, Code Compliance Department, Police
Department, Fire Department, or any other agency of City acting in its
governmental permitting, for the benefit of public health, safety, and welfare, or
other regulatory capacity.
5.4
In connection with any arbitration, the arbitrators do not have the authority to, and
may not enforce, any provision of the Federal or Arizona Rules of Civil Procedure.

City of Glendale Standard Form Agreement Between Owner and Design Professional (May 15, 2023)

T H I S P A G E I S B L A N K