Agreement with Architekton, Inc

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  
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CITY OF GLENDALE, ARIZONA 
STANDARD FORM AGREEMENT BETWEEN OWNER AND 
DESIGN PROFESSIONAL 
(CONSTRUCTION MANAGER AT RISK)  
January 28, 2025 Edition

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  
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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 (January 28, 2025)  
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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 (January 28, 2025)  
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TABLE OF CONTENTS (continued) 
 
EXHIBITS 
 
EXHIBIT A - 
Scope of Services for Design Professional  
EXHIBIT B - 
Schedule of Payments 
EXHIBIT C - 
Design Professional Proposal Dated April, 29, 2025 
EXHIBIT D -  
Dispute Resolution Procedures

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  
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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 ARCHITEKTON, INC. 
(“Design Professional” or “DP”), located at 464 S. Farmer Ave. Suite 101, Tempe, AZ 85281, 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.  
Glendale Operations Campus Building 
 
1.2 
Project Number. 
242829.0 
 
1.3 
Project Location. 
City of Glendale, 6210 W. Myrtle Ave. 
 
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 (Phase I only) is Three Hundred Eighty Nine Thousand 
Nine Hundred Thirty Eight dollars ($389,938). Reimbursable expenses, as defined herein, 
shall not exceed N/A dollars ($N/A part of lump sum Fee). 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 Eddie Garcia, City Architect, City of Glendale 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 Eddie Garcia ,City Architect, City of Glendale as the “Design 
Phase “Representative”, who has the authority and responsibility set forth in this DP Agreement.

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1.7.1.3 Owner designates Eddie Garcia, City Architect, City of Glendale 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 John Kane, Partner, Architekton, Inc. 464 S. Farmer Ave. Suite 101, 
Tempe, AZ 85281 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 (Tom Reilly, Principal, Architekton, Inc. 464 S. Farmer Ave. Suite 
101, Tempe, AZ 85281) 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 
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

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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: N/A . 
 
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 
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.

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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 
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

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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. 
 
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.

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

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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 
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;

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(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 Partnering. [OPTIONAL]  “NOT USED”. 
2.1.5.1 The Owner, DP, and CM@Risk will meet promptly after execution of the 
Construction Contract to discuss issues affecting the administration of the Work and the 
Professional Services, and to implement the necessary procedures, including submittals and Owner 
site activity schedules, to permit the Owner, DP, and CM@Risk to perform their respective 
obligations under the Contract Documents. These tasks may be implemented by the utilization of 
a formal “Partnering” or “Teaming” process developed during an initial workshop that will include

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the CM@Risk, Owner, DP, and their key personnel assigned to the project. Follow up sessions 
will occur every three months or as otherwise mutually agreed to ensure that all commitments are 
updated and being followed by all parties. The cost of this “Partnering” or “Teaming” effort, if 
invoked by Owner, will be an allowable Project Cost. 
 
2.2 
Design Phase. During the Design Phase, DP will provide the services set forth in the Scope 
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,

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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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 15 
 
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 
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:

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 16 
 
 
(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. 
 
(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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 17 
 
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. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 18 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 19 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 20 
 
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. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 21 
 
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 
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 
$2,000,000 
• 
General Aggregate 
$4,000,000 
• 
Products – Completed Operations Aggregate 
$2,000,000 
• 
Personal and Advertising Injury 
$2,000,000 
• 
Contractual Liability – Written and Oral 
$2,000,000 
• 
Fire Legal Liability 
$100,000 
 
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 
$2,000,000 
 
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 $2,000,000 
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. 
 
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. 
 
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". 
 
9.5 
Professional Liability Insurance.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 22 
 
Limits: 
Each Claim 
$3,000,000 
Annual Aggregate 
$3,000,000 
 
These limits may be lowered for DP’s Subconsultants with written approval from Owner. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 23 
 
said period. Certificates of insurance should be addressed as follows: 
City of Glendale 
Risk Management Department 
5850 W. Glendale Avenue 
Glendale, AZ 85301 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 24 
 
 
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 
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.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 25 
 
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. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 26 
 
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 
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.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 27 
 
 
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 
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.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 28 
 
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. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 29 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 30 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 31 
 
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: 
 
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.)

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CITY OF GLENDALE, ARIZONA 
EXHIBIT A – SCOPE OF SERVICES FOR DESIGN PROFESSIONAL TO 
STANDARD FROM AGREEMENT BETWEEN OWNER AND DESIGN 
PROFESSIONAL (CM@Risk Edition)  
January 28, 2025 Edition 
 
 
 
 
 
Issued for City of Glendale Project No. 242529.0 
 
Glendale Operations Campus Building 
Date

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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 (January 28, 2025)  
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

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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 (January 28, 2025)  
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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. 242529.0. 
 
Section 1 
General Project. 
 
1.1 
Project Description. This project addresses the City of Glendale's need to provide a new 
field staff facility, located on the City's Operational Campus, 6210 W. Myrtle Avenue, Glendale, 
AZ 85301.  The project will be approximately 30,000 gross square feet (GSF) and may include 
(but not limited to) program space for Water, Transportation, Parks and Recreation, Field 
Operations, Development Services and Engineering Departments. The Project will be divided into 
two phases (Phase I - Programming /Concepts, and Phase II - Design and Construction 
administration services). 
1.2 
The intended site for the new facility is currently occupied by storage facility, to be 
demolished under separate contract by others. However, the City may ammend this scope to include 
this work at a future date. 
1.3 
The initial phase (Phase I) will be to program the new facility, evaluate and assess the 
existing facilities currently occupied by the departments listed on campus for adaptive / program 
reuse, provide site analysis and Master Phasing Plan to indentify best of use of site and future 
development, and concept plan for the new facility. Phase I will also include an estimate of 
probable cost for the project. At the conclusion of Phase I, the City will evaluate the overall scope, 
schedule and budget, and determine whether to authorize Phase II scope ,  .       
  
1.4 
Construction Budget. The proposed construction budget for this Project is 
approximately Twenty Four Million dollars ($24,000,000). 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 May of 2025, with a GMP anticipated to be submitted prior to TBD-May 2027. 
 
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 
 
 
November 28. 2025  
b) Conceptual Design Subphase  
 
 
[TBD]  
c) Schematic Design Subphase   
 
 
[TBD] 
d) Design Development Subphase 
 
 
[TBD] 
e) 50% Construction Documents/

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GMP-Setting Documents Subphase  
 
[TBD] 
f) 100% Construction Documents Subphase 
 
[TBD] 
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. 
 
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.

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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 
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 
DP 
Once 
DP 
Partnering 
Facilitator 
As Needed 
Facilitator 
OAC – Design Phase 
DP 
Weekley 
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 
CM@Risk 
Weekley 
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 
One 
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. 
 
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

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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. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  
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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) 
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 
 k)  Geotechnical 
 i)   Wayfinding / Signage 
 
 
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 sustainable and environmentally responsible design. 
 
1) 
Design shall be responsive to the climate and environment in a way that 
minimizes energy consumption, yet creates a comfortable environment 
for staff and visitors. 
2) 
Design shall demonstrate an understanding of the setting, both 
environmentally and as part of a campus fabric. 
3) 
Facility shall be an exhibit of sustainability achievement in this climate. 
a) Minimum USGBC LEED Silver certification. 
i) DP shall provide LEED application processing through 
USGBC. The Owner shall be listed as the “Applicant” under 
the USGBC website application, and shall have access to the 
entire submittal form to ensure ownership and access to 
documentation at all times (including archived documentation). 
[LEED Certification is not required at this time, but designed to LEED standard but using LEED 
as a guidline only to USGBC LEED Silver] 
4.4.6 DP is responsible for preparing a Life Cycle Cost Analysis. 
a) Base and alternate design building envelope systems. 
b) Base and alternate design Mechanical, Plumbing, and Electrical systems. 
c) Total Cost of Ownership based on Statement of Probable Construction Cost

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 10 
 
and Life Cycle Cost Analyses. 
d) Provide Life Cycle Cost Analysis with Program, Conceptual Design, 
Schematic Design, and Design Development Phase submittals 
 
4.4.7 DP is responsible for preparing an Energy Model. 
a) One as required for LEED certification. 
b) Additional energy model that demonstrates anticipated performance in energy 
unit measures, and as compared to DSS system requirements. 
c) Provide Energy Model with Program, Schematic Design, and Design 
Development Phase submittals  
 
4.4.8 DP is responsible for preparing a Hydrology Report. 
a) Provide hydrology report / stormwater mitigation report with Program, 
Schematic Design, Design Development, and Construction Documents Phase 
submittals 
 
4.4.9 DP shall coordinate with the Arizona SHPO for projects in buildings listed on the 
National Register of Historic Places. 
 
4.4.10 DP shall provide a Geotechnical Investigation Report , including 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 determining subsoil, air and water conditions, and chemical, 
mechanical, laboratory or other tests.  
 
4.4.11 DP shall provide a Project Survey to meet the requirements outlined below. Provide 
the survey as part of the Deliverables package, and as a stand-alone AutoCAD file. 
a) 
The City of Glendale’s goal is to allow conventional ground surveys to 
proceed in a way that does not confuse the resulting measurements with State 
Plane values, while at the same time allowing an easy method for 
drawings/surveys to be translated back into their state plane position. 
b) The surveyor’s drawing layer containing survey monuments should be 
maintained as a layer within the architectural site plan (or whichever drawing 
is used as the common base plan to which all other design drawings are 
referenced) 
 
4.5 
Furniture, Fixtures and Equipment Design. 
 
DESIGN OF FF&E BY DP & OUTSIDE VENDORS: 
 
4.5.1 The DP shall provide interior design services and documentation at each phase of 
the project for Owner review and approval. Unless otherwise indicated, FF&E will be procured and 
installed under a separate contract independent of the contract for construction. 
 
4.5.2 Furniture system will be selected within the available cost categories (linking 
agreement) given the standard office and modular furniture categories (office system 
workstation/chairs/files, waiting area furniture, etc.). Within these categories, appropriate

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 11 
 
selections will be made for the project, in collaboration with the Owner Project Manager, and 
coordination with such selected vendors shall be started as early as possible during design. Outside 
FF&E vendors will be selected through a formal RFP process. In such case, the DP shall prepare 
a complete Bid Package set that will be used by Owner to request proposals from Furnishing and 
Equipment vendors. 
 
4.5.3 Reserved. 
 
4.5.4 During the Conceptual Design Phase, the DP shall meet with Owner Project 
Manager (and as appropriate, the City’s Facilities Management Representative) and appropriate 
user groups to define the project’s FF&E requirements and budgetary goals, including assessment 
of existing FF&E to be relocated and new FF&E to be procured. The DP shall, in collaboration 
with Owner Project Manager, coordinate with vendors on FF&E selections, availability and 
pricing. Conceptual level floor plans will be developed reflecting decisions reached with the 
Owner on relocated and new FF&E, and reflecting the approved FF&E budget. 
 
4.5.5 At the Schematic Design Phase, the DP shall provide for Owner approval 
preliminary FF&E layout plans, individual FF&E item selection and pricing, and shall coordinate 
with vendors on FF&E selections, availability and pricing. 
 
4.5.6 During the Design Development Phase, the DP shall coordinate with vendors on 
FF&E selections, availability and pricing and shall be responsible for producing final FF&E layout 
plans, final FF&E selections, and final FF&E budget. 
 
4.5.7 During the 100% Construction Documents Phase, the DP shall submit the final 
FF&E documents for Owner review and approval, and shall coordinate with vendors on FF&E 
selections, availability and pricing. During the Construction Documents phase, DP shall prepare 
final FF&E documents as follows: 
 
a) FF&E plans graphically shall show: the scaled relationship of all FF&E for all 
rooms, room numbers, and individual FF&E Item Reference Numbers.  
 
b) FF&E Item List and Budget Spreadsheet shall reference: Department, Room 
Name, Room Number, Item Reference Number, Item Description, Item 
Specification Sheet, Vendor, Quantity, Net Price, and Extension of pricing for 
Items and subtotals for each Room. Provide separate spreadsheets sorting FF&E 
Item List and Budget by Vendor. Each spreadsheet shall include lines for freight, 
delivery, installation and tax. 
 
c) Item Specification Sheet (for each category of item) shall list: Vendor, 
Manufacturer, Description, Model Number, Size, Quantity, Location(s), Special 
Notes, List Price, Discount, Net Price, Material Finish, and graphic 
representation of item. 
 
d) Approved material finish samples in acetate sleeves shall list the following 
information: FF&E Item reference number(s), Vendor, Manufacturer and color 
or material name or number.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 12 
 
 
e) Vendor Data Sheet shall list: company names, addresses, phone/fax numbers, 
and primary contact. 
 
The DP shall ensure that final FF&E layouts are fully coordinated with architectural, structural, 
mechanical (HVAC devices locations), telecommunication (data jacks), fire alarm and electrical 
(light fixtures, receptacles and light switches) design to assure the compatibility of the FF&E with 
the building power, lighting and other systems, prevent conflicts and ensure that all power and 
telecommunications outlets are provided as appropriate. 
 
4.5.8  During the Construction Administration phase, DP shall prepare final FF&E 
documents as follows: 
 
a) DP shall review FF&E shop drawings and submittals for conformance with final 
FF&E Documents. 
 
b) DP shall coordinate with selected vendors to establish a delivery and installation 
schedule, and DP shall monitor and verify that the CM@Risk is on schedule to 
reach Substantial Completion as identified in the Contract Documents. 
 
c) DP shall observe, as required, the installation of the FF&E and develop a punch 
list of incomplete or incorrect work requiring the Vendor’s attention. 
 
d) DP shall review the completion of all punch list items to establish the Date of 
Final Completion. 
 
4.5.9  Owner FF&E purchasing requirements are as follows: 
 
The City’s Engineering Department, in conjunction with the Purchasing Department, will 
write and issue all Purchase Orders. The Vendor will be responsible for coordinating all orders 
with the manufacturer and the City, including product tracking, delivery, offloading, inspecting, 
installation, and service. 
 
During the Construction Phase, the DP will be responsible for coordinating with the 
Owner, FF&E Vendor, and CM@Risk, the scheduled delivery of FF&E, the off- loading and 
inspection of delivered FF&E. The actual offloading and installation of FF&E will be by the 
Vendor. Following installation of FF&E, the consultant will be responsible for inspecting and 
punch-list of final installation and in securing all FF&E close-out documentation, including any 
applicable warranty, maintenance, and product guarantee material. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 13 
 
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 
Services for detailed descriptions of Design Phase Submittals.  
 
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.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 14 
 
 
4.7.1.7 [OPTIONAL BUT RECOMMENDED] DP shall provide LEED 
application processing through USGBC. The Owner shall be listed as the “Applicant” under the 
USGBC website application, and shall have access to the entire submittal form to ensure ownership 
and access to documentation at all times (including archived documentation). 
 
4.7.1.8 If applicable DP shall cooperate with  Mechanical, Electrical and 
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:  
 
      
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. 
Not Applicable 
d) Environmental requirements of all spaces. Not Applicable 
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. Not Applicable

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 15 
 
l) Storm Water Management Analysis and Plan. Not Applicable 
m) Proposed LEED Score card for the Design (LEED Silver minimum 
requirement). Not Applicable 
n) Life Cycle Cost Analysis for base and alternate design building envelope 
materials. Not Applicable 
o) Life Cycle Cost Analysis for base and alternate design Mechanical / Electrical / 
Plumbing Systems. Not Applicable 
p) Total Cost of Ownership Analysis, based on the Statement of Probable 
Construction Cost and Life Cycle Cost Analyses. Not Applicable 
q) Review of CM@Risk Value Analysis, Constructability and Bidability 
submissions. Not Applicable 
r) Provide budget estimates of FF&E. Not Applicable 
 
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 
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: 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 16 
 
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: 
 
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 
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. BY DP 
c) 
Geotechnical Report including soil boring data & consultant's foundation 
recommendations. BY DP 
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).

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 17 
 
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 
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) 
Proposed LEED Score card for the Design (LEED Silver minimum 
requirement) – shall include checklist and strategy. 
z) 
Life Cycle Cost Analysis for base and alternate design building envelop 
materials. 
aa) 
Life Cycle Cost Analysis for base and alternate designs, for Mechanical / 
Electrical / Plumbing Systems. 
bb) 
Total Cost of Ownership Analysis, based on the Statement of Probable 
Construction Cost and Life Cycle Cost Analyses. 
cc) 
Review of CM@Risk Value Analysis, Constructability and Bidability

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 18 
 
submission. 
dd) 
Provide budget estimates of FF&E. 
 
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:  
 
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 
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:

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 19 
 
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. 
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:

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 20 
 
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. 
ee)  Energy Model for base and alternate building orientation and 
building envelope materials. 
ff) 
 Storm Water Management Analysis and Plan. 
gg)  Proposed LEED Score card for the Design (LEED Silver minimum 
requirement) – shall include checklist and strategy. 
hh)  Life Cycle Cost Analysis for base and alternate design building 
envelope materials. 
ii) 
Life Cycle Cost Analysis for base and alternate design Mechanical 
/ Electrical / Plumbing Systems. 
jj) 
 Total Cost of Ownership Analysis, based on the Statement of 
Probable Construction Cost and Life Cycle Cost Analyses. 
kk)  Preliminary SWPPP, regardless of site size. 
ll) 
 Review of CM@Risk Value Analysis, Constructability and 
Bidability submissions. 
mm) Provide budget estimates of FF&E. 
 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 21 
 
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: 
 
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 City of Glendale Project Manager and copy 
to CM@Risk. 
 
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.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 22 
 
 
4.7.7 Construction Documents Subphase Submittal - The DP shall provide services / 
deliverables as follows: 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 23 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 24 
 
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 
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.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 25 
 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 26 
 
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 
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

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 27 
 
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. 
 
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 24 months after the Date of Substantial Completion.

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 28 
 
 
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. 
(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 (January 28, 2025)  Page | 29 
 
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  
BIM Model

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 30 
 
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 (January 28, 2025)  Page | 31 
 
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 (January 28, 2025)  Page | 32 
 
• 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 (January 28, 2025)  Page | 33 
 
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  
Save files in AutoCAD Release 2013

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  Page | 34 
 
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 
● (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 (January 28, 2025)  Page | 35 
 
● 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 
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 (January 28, 2025)  
 
 
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 
$389,938 
2. 
Conceptual Design Subphase 
$      
3. 
Schematic Design Subphase 
 
$      
4. 
Design Development Subphase 
$      
5. 
50% Construction Documents / GMP-Setting Subphase 
$      
6. 
100% Construction Documents Subphase 
$      
7. 
Construction Administration Subphase 
$      
8. 
Closeout Subphase 
$      
9. 
Warranty Subphase 
$      
 
10. 
Reimbursable Expenses 
$      
 
Total: 
 
$389,938

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 (January 28, 2025)  
 
 
EXHIBIT C  
 
DP PROPOSAL 
 
[Architekton, Inc.] Proposal Dated April 29, 2025 
 
(7 pages)

City of Glendale   
Municipal Field Operations Campus 
Phase 1 -Program Subphase 
SCOPE OF PROFESSIONAL SERVICES 
Architekton  
 
 
 
       04.29.25 
 
 
 
Description 
This Scope of Work is specifically for Phase 1 of this project including the Program Subphase. 
 
The design profession will provide project goals, assessment of existing facilities, existing site 
analysis, update space need programs for each of 9 departments, master plan options, master 
plan design, and master plan budgets for renovations and additions to the Glendale Field 
Operations Campus. The end goal is to provide the city with imagery and information for project 
approval. 
 
 
 
 
Programming Subphase 
 
 
Program 
 
WORKSHOPS 
 
Goals & Vision Workshop 
 
Define project outcomes for success 
Propose including representatives from all 9 departments in one workshop 
 
Programming Workshop 
 
Determine types of desired spaces & size requirements 
 
 
 
Propose separate workshop with each of 9 departments 
 
 
 
In Person or Virtual Tours of Precedents 
 
DELIVERABLES 
Preliminary program 
Quantitative Report  
Space summary  
Critical Relationships  
Program Options

Facilities Assessment 
 
 
 
PROCESS 
 
 
Retrieve and review existing documentation 
 
 
Meet with facilities personnel to review service history 
 
 
Tour facilities with design team to complete observational survey 
 
 
 
DELIVERABLES 
 
 
Facility Condition Assessment  
 
 
 
Documentation for observable and reported condition of: 
 
 
 
 
Envelope 
 
 
 
 
Structure 
 
 
 
 
HVAC Systems 
 
 
 
 
Electrical Systems 
 
 
 
 
Plumbing Systems 
 
 
 
 
Interior Finishes 
 
 
 
 
General ADA Accessibility 
 
 
 
 
Site Paving Condition 
 
 
 
 
General Storm Water Retention 
 
 
 
 
IT Infrastructure 
Appendix with reference documents 
 
Masterplan  
 
 
 
WORKSHOPS 
 
 
Masterplan Design Workshop  (scalable from 2 – 30 people) 
 
Bi-Weekly Owner/Architect Progress Meetings 
 
DELIVERABLES 
Site Analysis 
Rapid prototyping to quickly explore sketch MP options 
Develop MP Options including 1-2 mixed renovation/new and 1 all new 
Master Plan Cost Probability Studies 
 
Preliminary Design 
 
 
WORKSHOPS 
 
 
Preliminary Design Workshop  (scalable from 2 – 30 people) 
 
Bi-Weekly Owner/Architect Progress Meetings 
 
DELIVERABLES 
Preliminary Site Plan with chosen scheme 
Preliminary block floor plans 
Aerial image 
Preliminary aesthetic/architectural imagery 
Updated Cost Probability

Exclusions  
Qualitative Program  
Detailed Code Study 
Traffic study 
Parking study 
Survey 
Geotechnical report 
Phase 1 or 2 Environmental Studies 
City Zoning, street design, and other design guidelines analysis 
 
Any reference to “CM@Risk Standard Form Agreement Between Owner CM@Risk” and/or 
“CM@Risk Agreement” does not apply to this Subphase. DP will be tied to the referenced 
agreement when it is incorporated by amendment. 
 
 
Schedule  
Please see the Attached Preliminary Project Schedule 
 
 
Professional Fees 
Please see the attached Fee Matrix and documentation. The fee stated is a lump sum 
inclusive of our professional services scope and reimbursables. Use of the Owner 
Allowance is contingent on owner’s written authorization in advance. 
 
 
 
 
Submitted for approval, 
 
Tom Reilly, AIA 
Principal, Architekton

Glendale Municipal Field Operations Campus
Program Development + Master Planning
Phase 1 - Program Subphase Schedule
Architekton
04.29.25
Facilities Assessment + Program
Team Meetings or Workshops
Assessment Meetings with Facilities Personnel
Tour Existing Facilities and Retrieve Documentation
Develop Assessment Reports
Goals + Visioning Workshop
Programming Workshop
Develop Program Book
Presentation
Stakeholder Review
Master Planning
Team Meetings or Workshops
Site Analysis
Test Fit Site/Master Plans
Preliminary Cost Probability Study
Presentation
Completion and Stakeholder Review
2  0  2  5
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV

Glendale Municipal Field Operations Campus MP
Professional Fee Summary
Architekton
04.29.25
Prog/Assess
MP
Prel. Design
Architecture
$82,000
$54,000
$55,000
$191,000
Structural
$42,000
$42,000
BDA
MEP
$51,480
$51,480
HEI
IT/AV
$16,100
$16,100
NV5
Civil
$5,638
$8,960
$10,360
$24,958
Dibble
Landscape
$0
CSA
Cost Estimate
$21,000
$28,000
$49,000
RLB
Allowance
$15,400
Totals
$197,218
$83,960
$93,360
$0
$0
Program Subphase
Totals
$389,938

Architectural Fee Calculation   by task
Architekton
04.29.25
Tom
John
Andrew
 Program Subphase
Rate
Rate
Rate
Rate
Hrs.
$265
Hrs.
$265
Hrs.
$180
Hrs.
$120
subtotal
PROPOSAL
Programming  6 weeks
0
$0
35
$9,275
58
$10,440
122
$14,640
$34,355
$34,000
Project Adm & Contracting
$0
$0
$0
$0
Goals & Vision Shop
$0
3
$795
6
$1,080
20
$2,400
Programming Workshops (9) 2hrs. ea.
$0
18
$4,770
18
$3,240
18
$2,160
Quantitative Program
$0
4
$1,060
20
$3,600
40
$4,800
Qualitative Program draft
$0
6
$1,590
10
$1,800
40
$4,800
2 meetings
$0
4
$1,060
4
$720
4
$480
Facility Assessment  concurrent with Prog.
0
$0
54
$14,310
108
$19,440
124
$14,880
$48,630
$48,000
Review exist documents
$0
$0
$0
$0
Review facilities (10 primary, 5 secondary)
$0
8
$2,120
24
$4,320
24
$2,880
Interview facilities personnel 
$0
$0
16
$2,880
24
$2,880
Document Assessment
$0
4
$1,060
8
$1,440
16
$1,920
Coord Consultants
$0
24
$6,360
$0
$0
Draft Report
$0
10
$2,650
40
$7,200
40
$4,800
Final Report
$0
8
$2,120
20
$3,600
20
$2,400
Meetings (concurrent w/ Programming)
$0
$0
$0
$0
$0
$0
$0
$0
Master Plan  7 weeks
0
$0
50
$13,250
82
$14,760
220
$26,400
$54,410
$54,000
Masterplan Design Workshop
$0
4
$1,060
8
$1,440
20
$2,400
Site analysis
$0
4
$1,060
8
$1,440
20
$2,400
Rapid Prototyping
$0
8
$2,120
8
$1,440
40
$4,800
Draft options for review (2 - 3)
$0
8
$2,120
20
$3,600
60
$7,200
Consultant coordination
$0
8
$2,120
20
$3,600
40
$4,800
Conceptual Cost Studies
$0
2
$530
2
$360
$0
Final Masterplan
$0
8
$2,120
8
$1,440
40
$4,800
1 meeting + 1 presentation
$0
8
$2,120
8
$1,440
$0
Preliminary Design 13 weeks
0
$0
29
$7,685
90
$16,200
260
$31,200
$55,085
$55,000
Design Workshop
$0
4
$1,060
8
$1,440
10
$1,200
Site Plan with chosen scheme
$0
4
$1,060
10
$1,800
40
$4,800
Block floor plans
$0
4
$1,060
10
$1,800
80
$9,600
Aerial image
$0
2
$530
10
$1,800
40
$4,800
Aesthetic/architectural imagery
$0
6
$1,590
10
$1,800
80
$9,600
Updated Cost Probability 
$0
1
$265
4
$720
$0
Coord. consultant narratives
$0
$0
10
$1,800
10
$1,200
City zoning, etc. analysis
$0
$0
10
$1,800
$0
Code analysis
$0
$0
10
$1,800
$0
3 meetings + 1 presentation
$0
8
$2,120
8
$1,440
$0
$0
$0
$0
$0
SUB-TOTAL   
0
168
338
726
$192,480
Rounded Fee 
$191,000
Reimbursable Expenses
$1,000
Glendale Municipal Field Operations Campus MP
Principal
Principal
Architect
Jr. Designer

2025 Billing Rate Schedule
Hourly Billing Rate 
Design Staff
$ 100
 
 
Design Staff 1
$ 120
 
 
Architect 1 / Designer 1
$ 140
 
 
Design Staff 2
$ 140
 
 
Architect 2 / Designer 2
$ 160
 
 
Design Staff 3
$ 160
 
 
Architect 3 / Designer 3
$ 180
 
 
Sr. Design Staff
$ 220
 
 
Project Manager
$ 220
 
 
Sr. Architect/Designer
$ 240
 
 
Sr. Project Manager
$ 240
 
 
Director
$ 250
 
 
Principal
$ 280
 
 
Administrative
$ 140
 
 
Graphic Designer
$ 140

City of Glendale Standard Form Agreement Between Owner and Design Professional (January 28, 2025)  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 (January 28, 2025)  
 
 
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 (January 28, 2025)  
 
 
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 (January 28, 2025)  
 
 
(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 (January 28, 2025)  
 
 
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.