Agreement

City of Chandler — Regular Meeting (2021-07-15)

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City of Chandler Professional Services Agreement  
 Page 1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
PROFESSIONAL SERVICES AGREEMENT 
Design Services 
PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No. WA2103.201 
Council Date: July 15, 2021     Item No. 
THIS AGREEMENT (“Agreement”) is made and entered into on the ______ day of_________________, 
2021 (“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, 
("City''), and Jacobs Engineering Group Inc., a Delaware corporation, ("Consultant") (City 
and Consultant may individually be referred to as “Party” and collectively referred to as 
“Parties”). 
RECITALS 
A. City proposes to engage Consultant to provide Design Services for PECOS SURFACE WATER
TREATMENT PLANT SCADA UPGRADE project as more fully described in Exhibit "A", which is
attached to and made a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to contract with Consultant to provide these services under the terms and
conditions set forth in this Agreement.
AGREEMENT 
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this 
Agreement, City and Consultant agree as follows: 
SECTION I--CONSULTANT’S SERVICES 
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within 
the terms and conditions of this Agreement and within the care and skill that a person who 
provides similar services in Chandler, Arizona exercises under similar conditions. All work or 
services furnished by Consultant under this Agreement must be performed in a skilled and 
workmanlike manner.  All fixtures, furnishings, and equipment furnished by Consultant as 
part of the work or services under this Agreement must be new, or the latest model, and of 
the most suitable grade and quality for the intended purpose of the work or service.

City of Chandler Professional Services Agreement  
 Page 2 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
SECTION II--PERIOD OF SERVICE 
Consultant must perform the services described in Exhibit “A” for the term of this 
Agreement.  Unless amended in writing by the Parties, the Agreement term expires 495 
calendar days after the Notice to Proceed (NTP) Date. 
SECTION III--PAYMENT OF COMPENSATION AND FEES 
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully 
described in Exhibit “B” for performance of the services approved and accepted by City 
under this Agreement must not exceed $4,142,272 for the full term of the Agreement. 
Consultant may not increase any compensation or fees under this Agreement without the 
City’s prior written consent. Consultant must submit monthly requests for payment of 
services approved and accepted during the previous billing period and must include, as 
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished 
during the billing period, a list of any deliverables submitted, and any subconsultant’s or 
supplier’s actual requests for payment plus similar narrative and listing of their work. 
Consultant must submit an Application and Certification for Payment Sheet with the 
monthly request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for 
those services negotiated as a lump sum will be made in accordance with the percentage of 
the work completed during the preceding billing period. Services negotiated as a not-to-
exceed fee will be paid in accordance with the work effort expended on the service during 
the preceding month. All requests for payment must be submitted to City for review and 
approval. City will make payment for approved and accepted services within 30 calendar 
days of City’s receipt of the request for payment. Consultant bears all responsibility and 
liability for any and all tax obligations that result from Consultant’s performance under this 
Agreement.  
SECTION IV--CITY'S OBLIGATIONS 
As part of Consultant’s services under this Agreement, City will provide furnished items, 
services, or obligations as detailed in Exhibit “D”. 
SECTION V--GENERAL CONDITIONS 
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in 
writing and will be deemed to have been duly given and received either (a) on the date of 
service if personally served on the party to whom notice is to be given, or (b) on the third 
day after the date of the postmark of deposit by first class United States mail, registered or 
certified, postage prepaid and properly addressed as follows:

City of Chandler Professional Services Agreement  
 Page 3 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
To City: 
City of Chandler 
Public Works & Utilities Department 
Attn:  CIP City Engineer 
P.O. Box 4008, Mail Stop 407 
Chandler, AZ 85244-4008 
Phone:  480-782-3343 
Email:  andrew.goh@chandleraz.gov 
With a Copy to: 
Gina Ishida-Raybourn, Project Manager 
City of Chandler 
Public Works & Utilities Department 
P.O. Box 4008, Mail Stop 407 
Chandler, AZ 85244-4008 
Phone:  480-782-3584 
Email:  gina.ishida-raybourn@chandleraz.gov 
To Consultant: 
Jacobs Engineering Group Inc.
101 N. 1st Ave., Ste. 2600, Phoenix, AZ 85003
Statutory Agent Name:  C T Corporation System     
Statutory Agent Physical Address:  3800 N. Central Ave., Ste. 460 
Phoenix, AZ 85012
Statutory Agent Mailing Address: (if different from Physical)
Consultant’s Authorized Project Representative: 
Name:  Roman Aguirre      
Title:  Vice President 
Physical Address:  1501 W. Fountainhead Pkwy., Ste. 401 Tempe, AZ 85282 
Mailing Address:   
Phone:  602-402-3494
Email:  roman.aguirre@jacobs.com 
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses 
pertaining to this Agreement and records of accounts between City and Consultant must be 
kept on the basis of generally accepted accounting principles and must be made available 
to City and its auditors for up to three years following City’s final acceptance of the services 
under this Agreement (this requirement is increased to five years if construction of this 
project is federally funded). City, its authorized representative, or any federal agency, 
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness 
of all cost and pricing data, including data used to negotiate this Agreement and any 
amendments. City reserves the right to decrease the total amount of Agreement price or 
payments made under this Agreement or request reimbursement from Consultant 
following final contract payment on this Agreement if, upon audit of Consultant’s records, 
the audit discloses Consultant has provided false, misleading, or inaccurate cost and pricing 
data. Consultant will include a similar provision in all of its contracts with subconsultants 
who provide services under the Agreement to ensure that City, its authorized

City of Chandler Professional Services Agreement  
 Page 4 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
representative, or the appropriate federal agency, has access to the subconsultants’ records 
to verify the accuracy of all cost and pricing data. City reserves the right to decrease 
Contract price or payments made on this Agreement or request reimbursement from 
Consultant following final payment on this Agreement if the above provision is not included 
in subconsultant agreements, and one or more subconsultants refuse to allow City to audit 
their records to verify the accuracy and appropriateness of all cost and pricing data. If, 
following an audit of this Agreement, the audit discloses Consultant has provided false, 
misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the 
total Agreement billings, Consultant will be liable for reimbursement of the reasonable, 
actual cost of the audit. 
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results 
in a substantial change in this Agreement, thereby materially increasing or decreasing the 
scope of services, cost of performance, or Project schedule, the work will be performed as 
directed by City. However, before any modified work is started, a written amendment must 
be approved and executed by City and Consultant. Such amendment must not be effective 
until approved by City. Additions to, modifications, or deletions from this Agreement as 
provided herein may be made, and the compensation to be paid to Consultant may 
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and 
agreed that no claim for extra services or materials furnished by Consultant will be allowed 
by City except as provided herein, nor must Consultant do any work or furnish any 
materials not covered by this Agreement unless such work is first authorized in writing. Any 
such work or materials furnished by Consultant without prior written authorization will be 
at Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without 
written authorization Consultant will make no claim for compensation for such work or 
materials furnished. 
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants 
contained herein, except that City reserves the right, at its discretion and without cause, to 
terminate or abandon any service provided for in this Agreement, or abandon any portion 
of the Project for which services have been performed by Consultant. In the event City 
abandons or suspends the services, or any part of the services as provided in this 
Agreement, City will notify Consultant in writing and immediately after receiving such notice, 
Consultant must discontinue advancing the work specified under this Agreement. Upon 
such termination, abandonment, or suspension, Consultant must deliver to City all 
drawings, plans, specifications, special provisions, estimates and other work entirely or 
partially completed, together with all unused materials supplied by City. Consultant must 
appraise the work Consultant has completed and submit Consultant’s appraisal to City for 
evaluation. City may inspect Consultant’s work to appraise the work completed. Consultant 
will receive compensation in full for services performed to the date of such termination. The 
fee will be paid in accordance with Section Ill of this Agreement, and as mutually agreed 
upon by Consultant and City. If there is no mutual agreement on payment, the final 
determination will be made in accordance with the "Disputes" provision in this Agreement. 
However, in no event may the fee exceed the fee set forth in Section Ill of this Agreement 
nor as amended in accordance with Section "Alteration in Character of Work." City will make 
the final payment within 60 days after Consultant has delivered the last of the partially 
completed items and the Parties agree on the final fee. If City is found to have improperly

City of Chandler Professional Services Agreement  
 Page 5 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
terminated the Agreement for cause or default, the termination will be converted to a 
termination for convenience in accordance with the provisions of this Agreement. 
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must 
indemnify, save and hold harmless City and its officers, officials, agents and employees 
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses 
(including court costs, attorneys' fees and costs of claim processing, investigation and 
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful, 
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers, 
directors, agents, employees, or subconsultants in connection with this Agreement. This 
indemnity includes any claim or amount arising out of or recovered under workers' 
compensation law or on account of the failure of Consultant to conform to any federal, 
state or local law, statute, ordinance, rule, regulation or court decree. Consultant must 
indemnify lndemnitee from and against any and all Claims, except those arising solely from 
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for 
primary loss investigation, defense and judgment costs where this indemnification applies. 
In consideration of the award of this Agreement, Consultant agrees to waive all rights of 
subrogation against lndemnitee for losses arising from or related to this Agreement. The 
obligations of Consultant under this provision survive the termination or expiration of this 
Agreement. 
5.6 Insurance Requirements. Consultant must procure insurance under the terms and 
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may 
arise from or relate to performance of the work under this Agreement by Consultant and its 
agents, representatives, employees, and subconsultants. Consultant and any subconsultant 
must maintain this insurance until all of their obligations have been discharged, including 
any warranty periods under this Agreement. These insurance requirements are minimum 
requirements for this Agreement and in no way limit the indemnity covenants contained in 
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are 
sufficient to protect Consultant from liabilities that might arise out of the performance of 
the work under this Agreement by Consultant, Consultant’s agents, representatives, 
employees, or subconsultants. Consultant is free to purchase such additional insurance as 
may be determined necessary. 
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other 
duly executed documents as may be reasonably requested by City to implement the intent 
of this Agreement. 
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors, 
assigns, and legal representatives to the other party to this Agreement and to the partners, 
successors, assigns, and legal representatives of such other party in respect to all covenants 
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in 
this Agreement without the written consent of the other party. In no event may any 
contractual relation be created between any third party and City. 
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties 
required not disposed of by agreement between Consultant and City, the final

City of Chandler Professional Services Agreement  
 Page 6 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
determination at the administrative level will be made by City Engineer. 
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for 
the completeness and accuracy of Consultant’s services, data, and other work prepared or 
compiled under Consultant’s obligation under this Agreement and must correct, at 
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be 
discovered.  Correction of errors disclosed and determined to exist during any construction of 
the project on architectural or engineering drawings and specifications must be accomplished by 
Consultant.  The cost of the design necessary to correct those errors attributable to Consultant 
and any damage incurred by City as a result of additional construction costs caused by such 
engineering or architectural errors will be chargeable to Consultant and will not be considered a 
cost of the Work.  The fact that City has accepted or approved Consultant’s work will in no 
way relieve Consultant of any of Consultant’s responsibilities. 
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by 
Consultant in the format prescribed by City.  These reports will be delivered to City per schedule.  
When requested by City, Consultant will attend Council meetings and provide finished 
documents including correspondence for Council action, supporting charts, graphs, drawings 
and colored slides of same. 
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s 
payments up to the amount equal to the claims City may have against Consultant until such 
time that a settlement on those claims has been reached. 
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to 
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.). 
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent 
contractor. Any provisions in this Agreement that may appear to give City the right to direct 
Consultant as to the details of accomplishing the work or to exercise a measure of control 
over the work means that Consultant must follow the wishes of City as to the results of the 
work only. These results must comply with all applicable laws and ordinances. 
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must 
submit to City detailed resumes of key personnel that will be involved in performing 
services prescribed in the Agreement. City hereby acknowledges its acceptance of such 
personnel to perform services under this Agreement. At any time hereafter that Consultant 
desires to change key personnel while performing under the Agreement, Consultant must 
submit the qualifications of the new personnel to City for prior approval. Key personnel 
include, but are not limited to, principals-in-charge, project manager, and project 
Consultant. Consultant will maintain an adequate and competent staff of qualified persons, 
as may be determined by City, throughout the performance of this Agreement to ensure 
acceptable and timely completion of the Scope of Services. If City objects, with reasonable 
cause, to any of Consultant’s staff, Consultant must take prompt corrective action 
acceptable to City and, if required, remove such personnel from the Project and replace 
with new personnel agreed to by City.

City of Chandler Professional Services Agreement  
 Page 7 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish 
City for approval the names of consultants or subconsultants to be used under this 
Agreement. Any subsequent changes are subject to City’s written prior approval. 
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act 
required under this Agreement by reason of acts of God or other cause beyond the control 
and without fault of the Party (financial inability excepted), performance of that act may be 
excused, but only for the period of the delay, if the Party provides written notice to the 
other Party within ten days of such act. The time for performance of the act may be 
extended for a period equivalent to the period of delay from the date written notice is 
received by the other Party. 
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the 
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act 
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with 
these laws in performing this Agreement and to permit City to verify such compliance. 
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant 
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in 
a boycott of Israel as defined by state statute. 
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding a contract to 
any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A). 
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their 
compliance with all federal immigration laws and regulations that relate to their employees 
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed 
a material breach of the Agreement and may be subject to penalties up to and including 
termination of the Agreement. City retains the legal right to inspect the papers of any 
Consultant’s or subconsultant’s employee who provides services under this Agreement to 
ensure that Consultant and subconsultants comply with the warranty under this provision. 
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding a 
contract to any natural person who cannot establish that such person is lawfully present in 
the United States. To establish lawful presence, a person must produce qualifying 
identification and sign a City-provided affidavit affirming that the identification provided is 
genuine. This requirement will be imposed at the time of contract award. This requirement 
does not apply to business organizations such as corporations, partnerships, or limited 
liability companies. 
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been 
employed or retained to solicit or secure this Agreement upon an agreement or 
understanding for a commission, percentage, brokerage, or contingent fee, and that no 
member of the Chandler City Council, or any City employee has any interest, financially, or 
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this 
Agreement without liability or, at its discretion, to deduct from the Agreement price or 
consideration, the full amount of such commission, percentage, brokerage, or contingent 
fee.

City of Chandler Professional Services Agreement  
 Page 8 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of 
this Agreement or to require performance of the other Party of any of the provisions hereof 
must not be construed to be a waiver of such provisions, nor must it affect the validity of 
this Agreement or any part thereof, or the right of either Party to thereafter enforce each 
and every provision. 
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential 
conflicts of interest, Consultant must provide written notice to City, as set forth in this 
Section, of any work or services performed by Consultant for third parties that may involve 
or be associated with any real property or personal property owned or leased by City. Such 
notice must be given 7 business days prior to commencement of the services by Consultant 
for a third party, or 7 business days prior to an adverse action as defined below. Written 
notice and disclosure must be sent in accordance with Section 6.7 above.  An adverse action 
under this Agreement includes, but is not limited to: (a) using data as defined in the 
Agreement acquired in connection with this Agreement to assist a third party in pursuing 
administrative or judicial action against City; or (b) testifying or providing evidence on behalf 
of any person in connection with an administrative or judicial action against City; or (c) using 
data to produce income for Consultant or its employees independently of performing the 
services under this Agreement, without the prior written consent of City. Consultant 
represents that except for those persons, entities, and projects identified to City, the 
services performed by Consultant under this Agreement are not expected to create an 
interest with any person, entity, or third party project that is or may be adverse to City’s 
interests. Consultant’s failure to provide a written notice and disclosure of the information 
as set forth in this Section constitute a material breach of this Agreement. 
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all 
information, 
whether 
written 
or 
verbal, 
including 
plans, 
photographs, 
studies, 
investigations, audits, analyses, samples, reports, calculations, internal memos, meeting 
minutes, data field notes, work product, proposals, correspondence and any other similar 
documents or information prepared by, obtained by, or transmitted to Consultant or its 
subconsultants in the performance of this Agreement. The Parties agree that all data, 
regardless of form, including originals, images, and reproductions, prepared by, obtained 
by, or transmitted to Consultant or its subconsultants in connection with Consultant’s or its 
subconsultant’s performance of this Agreement is confidential and proprietary information 
belonging to City. Except as specifically provided in this Agreement, Consultant or its 
subconsultants must not divulge data to any third party without City’s prior written consent. 
Consultant or its subconsultants must not use the data for any purposes except to perform 
the services required under this Agreement. These prohibitions do not apply to the 
following data provided to Consultant or its subconsultants have first given the required 
notice to City: (a) data which was known to Consultant or its subconsultants prior to its 
performance under this Consultant or its subconsultants by a third party, who to the best of 
Consultant’s or its subconsultants’ knowledge and belief, had the legal right to make such 
disclosure and Consultant or its subconsultants are not otherwise required to hold such 
data in confidence; or (c) data which is required to be disclosed by virtue of law, regulation, 
or court order, to which Consultant or its subconsultants are subject. In the event 
Consultant or its subconsultants are required or requested to disclose data to a third party,

City of Chandler Professional Services Agreement  
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Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
or any other information to which Consultant or its subconsultants became privy as a result 
of any other contract with City, Consultant must first notify City as set forth in this Section of 
the request or demand for the data. Consultant or its subconsultants must give City 
sufficient facts so that City can be given an opportunity to first give its consent or take such 
action that City may deem appropriate to protect such data or other information from 
disclosure. All data must continue to be subject to the confidentiality agreements of this 
Agreement. Consultant or its subconsultants assume all liability to maintain the 
confidentiality of the data in its possession and agrees to compensate City if any of the 
provisions of this Section are violated by Consultant, its employees, agents or 
subconsultants. Solely for the purposes of seeking injunctive relief, it is agreed that a breach 
of this Section must be deemed to cause irreparable harm that justifies injunctive relief in 
court. Consultant agrees that the requirements of this Section must be incorporated into all 
subagreements entered into by Consultant. A violation of this Section may result in 
immediate termination of this Agreement without notice. 
5.26 Personal Identifying Information-Data Security. Personal identifying information, 
financial account information, or restricted City information, whether electronic format or 
hard copy, must be secured and protected at all times by Consultant or its subconsultants. 
At a minimum, Consultant or its subconsultants must encrypt or password-protect 
electronic files. This includes data saved to laptop computers, computerized devices, or 
removable storage devices. When personal identifying information, financial account 
information, or restricted City information, regardless of its format, is no longer necessary, 
the information must be redacted or destroyed through appropriate and secure methods 
that ensure the information cannot be viewed, accessed, or reconstructed. In the event that 
data collected or obtained by Consultant or its subconsultants in connection with this 
Agreement is believed to have been compromised, Consultant or its subconsultants must 
immediately notify City contact. Consultant agrees to reimburse City for any costs incurred 
by City to investigate potential breaches of this data and, where applicable, the cost of 
notifying individuals who may be impacted by the breach. Consultant agrees that the 
requirements of this Section must be incorporated into all subcontracts entered into by 
Consultant. It is further agreed that a violation of this Section must be deemed to cause 
irreparable harm that justifies injunctive relief in court. A violation of this Section may result 
in immediate termination of this Agreement without notice. The obligations of Consultant 
or its subconsultants under this Section must survive the termination of this Agreement. 
5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in 
accordance with and governed by the laws of the State of Arizona without regard to the 
conflicts or choice of law provisions thereof. Any action to enforce any provision of this 
Agreement or to obtain any remedy with respect hereto must be brought in the courts 
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and 
irrevocably consents to the jurisdiction and venue of such court. 
5.28 Survival. All warranties, representations, and indemnifications by Consultant must 
survive the completion or termination of this Agreement. 
5.29 Modification. Except as expressly provided herein to the contrary, no supplement, 
modification, or amendment of any term of this Agreement will be deemed binding or

City of Chandler Professional Services Agreement  
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Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
effective unless in writing and signed by the Parties. 
5.30 Severability. If any provision of this Agreement or the application to any person or 
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this 
Agreement and the application will not be affected and will be enforceable to the fullest 
extent permitted by law. 
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or 
contemporaneous written or oral agreement between the Parties regarding the subject 
matter is merged and superseded. 
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this 
Agreement is hereby expressly made of the essence. 
5.33 Date of Performance. If the date of performance of any obligation or the last day of any 
time period provided for should fall on a Saturday, Sunday, or holiday for City, the 
obligation will be due and owing, and the time period will expire, on the first day after which 
is not a Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this 
Agreement, any performance provided for herein will be timely made if completed no later 
than 5:00 p.m. (Chandler time) on the day of performance. 
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any 
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties 
and responsibilities undertaken pursuant to this Agreement will be for the sole and 
exclusive benefit of City and Consultant and not for the benefit of any other party. 
5.35 Conflict in Language. All work performed must conform to all applicable City of 
Chandler codes, ordinances, and requirements as outlined in this Agreement. If there is a 
conflict in interpretation between provisions in this Agreement and those in Exhibit "A", the 
provisions in this Agreement prevail. 
5.36 Document/Information Release. Documents and materials released to Consultant, 
which are identified by City as sensitive and confidential, are City’s property. The 
document/material must be issued by and returned to City upon completion of the services 
under this Agreement. Consultant secondary distribution, disclosure, copying, or 
duplication in any manner is prohibited without City’s prior written approval. The 
document/material must be kept secure at all times. This directive applies to all City 
documents, whether in photographic, printed, or electronic data format.  
5.37 Exhibits. The following exhibits are made a part of this Agreement and are 
incorporated by reference: 
Exhibit A - Scope of Services / Schedule 
Exhibit B - Compensation and Fees 
Exhibit C - Insurance Requirements 
Exhibit D - Special Conditions 
Exhibit E – Federal Requirements (if applicable)

City of Chandler Professional Services Agreement  
 Page 11 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201
 Rev. 3/2/2021 
 
5.38 Special Conditions. As part of the services Consultant provides under this Agreement, 
Consultant agrees to comply with and fully perform the special terms and conditions set 
forth in Exhibit “D”, which is attached to and made a part of this Agreement. 
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all 
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and 
regulations. 
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this 
Agreement, Consultant must maintain all applicable City, state, and federal licenses and 
permits required to fully perform Consultant’s services under this Agreement. 
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services 
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant, 
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or 
materials that do not comply with this Agreement must be corrected by Consultant 
(including, but not limited to, all parts and labor) at Consultant’s sole cost and expense. All 
written warranties and redlines for as-built conditions must be delivered to City on or 
before City’s final acceptance of Consultant’s services under this Agreement.  
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume 
Expenditures).  In addition to City of Chandler and with the approval of Consultant, this 
Agreement may be extended for use by other municipalities, school districts, and 
government agencies of the State.  Any such usage by other entities must be in accordance 
with the ordinance, charter, or procurement rules and regulations of the respective political 
entity.   
5.43 Budget Approval into Next Fiscal Year.  This Agreement will commence on the Effective 
Date and continue in full force and effect until it is terminated or expires in accordance with 
the provisions of this Agreement.  The Parties recognize that the continuation of this 
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is 
subject to the City Council's approval of a budget that includes an appropriation for this 
item as an expenditure.  The City does not represent that this budget item will be actually 
adopted. This determination is solely made by the City Council. 
SIGNATURE PAGE TO FOLLOW

City of Chandler Professional Services Agreement – Exhibit “A” 
Page A-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE  
Project No.: WA2103.201 
Rev. 3/2/2021 
 
EXHIBIT “A” 
SCOPE OF SERVICES/SCHEDULE

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CHANDLER PECOS SURFACE WATER TREATMENT PLANT
SCADA UPGRADES
Scope of Work
June 21, 2021

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Project Understanding and Background
The City of Chandler Pecos Surface Water Treatment Plant (Pecos SWTP), located at 1475 East Pecos Road, was
put into service in 1989. Pecos SWTP produces drinking water for the City’s residents and businesses.
Additionally, the control of the City’s water distribution network is also housed at Pecos SWTP. In order to protect
the health and safety of the water customers, City staff relies heavily on automation to reliably communicate with
water facilities. This automation is in the form of the Supervisory Control and Data Acquisition (SCADA) system.
SCADA controls and monitors Pecos SWTP and several remote facilities. Beyond system control, SCADA also
captures numerous data points for system analysis and regulatory reporting. The City’s 2019 SCADA Master Plan
identified a project to replace the existing Foxboro system.
Pecos SWTP SCADA Upgrade project will modernize and improve the City’s existing system and will include
upgrades to legacy hardware and software. The project will replace the existing Foxboro I/A Distributed Control
System (DCS) with Modicon PLCs and Wonderware HMI. This effort will entail hardware replacement, upgrades to
operational technology (OT) (i.e. the systems that control and monitor treatment plant functions), and
integration with remote facilities and possible replacement of other obsolete equipment, such as power supplies
or radio components. The project will include procurement and installation of new virtual machine servers,
software packages, Win911 applications with cellular modem and domain servers, and creation of SCADA
software screens. No treatment process upgrades are contemplated. The project will use a Construction Manager
at Risk (CMAR) delivery approach and is expected to be completed on a fixed budget and schedule.
This document describes the scope of work for services to be provided by Jacobs Engineers (ENGINEER) for the
City of Chandler (City and OWNER) for the SCADA Upgrade Project at Pecos SWTP. The SCADA services will allow
the City to meet its top priorities, including:
1.
Migrating from the Foxboro system to the Modicon/Wonderware system at Pecos SWTP to prepare for a
utility-wide conversion.
2.
Updating the control descriptions and HMI programming at the Pecos SWTP to be consistent with current
desired operations.
3.
Adding functionality for process control and collection of operations information throughout the Pecos
SWTP.
4.
Assessing the communications interface at the water remote sites with the new Modicon/Wonderware
system and upgrading equipment as required for seamless service.
5.
Developing more detailed standards for SCADA software and HMI screens for utility with Pecos SWTP
based on the City SCADA Governance documents, setting the example for the other utility facilities.
The goal is to complete the SCADA upgrade work at Pecos SWTP to set the standard for upgrades planned at other
OWNER facilities as the utility migrates to the Modicon/Wonderware platform utility-wide and phases out the
Foxboro system. The work will be performed in the following phases:

Phase 1 – Project Definition

Phase 2 – Preliminary Design

Phase 3 – Detailed Design

Phase 4 – Phased Implementation and Commissioning (not included in this scope of work / to be added
by amendment)

Phase 5 – Project Management

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General Assumptions
The following general assumptions are applicable to all tasks:
i.
Budgets will be managed at the Phase and Main Task level. Jacobs will track task budget overruns and
underruns within the overall project budget. Any scope changes will be accommodated within the overall
project budget to the extent possible; Jacobs will inform the City on any changes that may require additional
funds via a change order.
ii.
To facilitate rapid distribution of information, deliverables will be furnished electronically wherever possible.
Unless otherwise indicated, final deliverables will be provided as native electronic files (Microsoft Word®,
Microsoft Excel ®, Microsoft Access ®, and AutoCAD ® as appropriate). Reproduction of any additional
required copies shall be performed by the OWNER.
iii.
The ENGINEER will use set up a project site as a repository for all electronic deliverables to be shared with
the OWNER via file transfer protocol (FTP), SharePoint, or Microsoft® Teams.
iv.
The Project Manager and/or Design Manager will attend all workshops.  Subject matter experts (SMEs) and
discipline staff will attend as appropriate for the specific topic.
v.
Interactive workshops will be used to gather information, guide development, and to review draft work
products on these products.  Workshops will be conducted at Pecos SWTP or remotely.  Travel for workshops
is estimated in the expenses estimate provided with the LOE attached.
vi.
The OWNER will conduct the scheduling and coordination of necessary participants of City staff as well as
contract operations staff necessary to have efficient meetings and workshops. The OWNER' s Project
Manager will coordinate with City’s staff to ensure optimal participation at workshops and meetings.
vii.
Unless otherwise noted, where draft work products are delivered to the OWNER, review comments will be
furnished to the ENGINEER within 10 working days of receipt of the work product. Comments will be
incorporated into the final documents and issued to the OWNER' s staff within 10 business days of receiving
comments.
viii. When the OWNER reviews an ENGINEER work product, comments shall be provided as a single electronic
file. Prior to furnishing to ENGINEER, the OWNER shall screen and adjudicate all review comments to remove
redundant or conflicting comments, or comments that are contrary to the direction of the OWNER's Project
Manager. The exception to this would be review comments from Development Services which will be
provided directly from the review department.
ix.
The OWNER will contract directly with a CMAR contractor and will coordinate with the contractor on their
involvement on the project, including but not limited to participation in workshops and meetings, and review
of ENGINEER work products in parallel to OWNER reviews.
x.
The OWNER will provide access to facilities and will assist the ENGINEER with any necessary entry permits,
scheduling, notification, and other requirements to gain access to perform work as outlined below.
xi.
All assessments, design, and implementation of radio equipment upgrades will be performed under the
CMAR contract.
xii.
No life safety improvements (fire alarm) are required in existing facilities due to this work.
xiii. No physical security systems such as cameras, card swipes, and door actuators are required in existing
facilities due to this work.
xiv. No new end devices such as instrumentation, VFDs, MCCs, and valve actuators are required in existing
facilities due to this work.  All work that will accommodate these types of devices will be for devices that are
already existing at the facilities.  If a new end device is requested by the Owner, a formal notification by the
OWNER’s Project Manager will be required and the fee for this additional work will come from an allowance.

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xv.
The design costs are based on the plant SCADA system requiring approximately 3200 input/output (I/O),
which will require up to 500 design drawings including 400 I/O drawings (assuming 8 I/O points per
drawing) plus additional 100 miscellaneous drawings required to convey the work to the CMAR and
document the installation.  This includes the I/O for existing systems on the Foxboro SCADA indicated in the
2005 plant expansion specifications for both the conventional and Actiflo trains, and areas of the plant that
are currently operating but not on Foxboro SCADA system, but that will be added to the new Wonderware
system (Preseds, Conventional Basins, Gravity Thickener, Belt Press, and High PSI Pump Station). This does
not include vendor panels, which are covered with an allowance.
xvi. The work is estimated for Phases 1, 2, 3 and 5, only.  The rough estimated fees for Phases 2 and 3 are
assumed to be conservative; it is anticipated that the scope for Phases 2 and 3 will be refined during initial
delivery under Phase 1. The Phase 2 and 3 budgets will be revised as necessary. Phase 4 scope and fee will
be estimated during detailed design and may be added via amendment.  Project Management is estimated
only through detailed design and additional effort will be included in the Phase 4 amendment.
xvii. The ENGINEER anticipates Phases 1, 2, 3 and 5 to be completed by November 30, 2022 assuming an August
1, 2021 NTP, as indicated in the project schedule attached (total duration of 16 months). Phase 4 will be
added by amendment and the remaining completion schedule will be determined during design. A more
detailed overall project delivery schedule will be developed, working together with the City's personnel, after
award of contract as part of the Project Execution Plan and will be updated at key milestones in the project.

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1.
Phase 1: Project Definition
Phase 1 includes conducting a thorough and transparent discovery to best define the work and potential issues for
the new SCADA system migration, including software/programming philosophies, communications integrity and
security concerns with the existing system.
The scope of work for SCADA Phase 1 includes the following main tasks:
Phase 1: Project Definition
1.1 - Existing Documentation Review
1.2 - Site Assessments and Evaluation
1.3 - Interviews
1.4 - Project Definition Development Workshops
1.5 - SCADA System Security Workshop
1.6 - Preliminary Cost Estimates, Prioritization and Budget Reconciliation
1.7 - Project Definition Report/Summary Workshop
1.8 - Control Room Relocation Collaboration
1.9 - SCADA HMI Standards and Requirements Development
1.1
Existing Documentation Review
The purpose of this task is to document the existing SCADA system and control components from the
supervisory control network down to the remote site PLCs to enhance understanding of the OWNERS’ existing
systems.  This initial task inventories the existing SCADA network and equipment, servers and client workstations,
SCADA software, communication networks, and remote site controllers (PLCs and/or RTUs).  This includes a
summary of all major SCADA and communications equipment by type, location, and condition.
During or after the visit, the ENGINEER will debrief Operations, Maintenance, and Engineering Staff to document
any relevant knowledge regarding the current condition, configuration, functionality, and adequacy of the
existing control systems.
Execution of this task includes:

Gather Information
a)
Identify Information Sources.
i)
Identify documentation required for review.
ii)
Network Diagrams.
iii) Block Diagrams.
iv) IP Addressing Information.
v)
Asset Information.
vi) Configuration Information (Hardware/Software, Firmware Versions).
vii) Software List (e.g., Security, Management, Monitoring).
viii) Physical Network Diagrams.
ix) I/O list.
x)
Service contracts.
xi) Vendor/Equipment POC List.
xii) Circuit Information.
b)
Evaluate information accuracy, age, and identify gaps.
c)
Develop plan to obtain missing or required information.
d)
Prepare “Jacobs Omni” forms for data field collection.
e)
Review OWNER’S most recent version of the SCADA master plan.

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f)
Studies.
g)
Specifications.
h)
SCADA system maintenance and operational procedures.
i)
Business integration architecture.
j)
Programming standards.
k)
Alarm management standards.
l)
Historian standards.
m) Document management procedures.
n)
Identify capital projects impacting Pecos WTP and the control system at Pecos (current and future).

Perform Site Visits
a)
Identify Sites and schedule for site visits.
b)
Document all control system assets at Pecos and each of 66 remote water sites.
1.1.1
Deliverables
System listing in Microsoft Excel format that will include the following information:
a)
System Name.
b)
System Description including Software, Controllers.
c)
Current State of Functionality, condition, and adequacy.
d)
Vulnerabilities, including both causal and any mitigating factors found.
e)
Network connectivity, bandwidth, and hardware.
f)
Relevant Unique Features and Details.
g)
Key Contacts for the System (e.g,, Plant, Station).
1.2
Site Assessments and Evaluation
The ENGINEER will conduct system assessment for Pecos SWTP and all water remote facilities to enhance
understanding of the OWNERS' existing systems: computers, controllers, software, equipment, communications
networks, and security provisions.
During or after the visit, the ENGINEER will debrief the water/wastewater Operations, Maintenance, and
Engineering Staff to document any relevant knowledge regarding the current condition, configuration,
functionality and adequacy of the existing plant and remote control systems.
1.2.1
Deliverables

Draft and Final Site Assessment.
1.3
Interviews
Informal interviews during site assessments will provide insight into desired functionality, existing SCADA system
idiosyncrasies, history, procedures, and improvement ideas. Formal interviews will also be conducted with
functional groups to understand, interactions with other groups, roles and responsibilities, potential
improvements, and functional requirements.
1.3.1
Deliverables

Draft and Final Site Assessment.

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1.4
Project Definition Development Workshops
ENGINEER will conduct a series of workshops with management, operations, Information Technology (IT), and
engineering during project definition.  These workshops will be designed to build consensus within the City
stakeholders on priorities and recommended approaches and strategies for the SCADA Upgrade. Workshops
include:

Approaches for cutting-over the new SCADA system. Topics will include the following:
o
Requirement for a temporary network infrastructure to keep the plant functional.
o
The sequence for cutting over the new SCADA system.
o
The effects to outside agencies.

Review of procurement strategies for networking and SCADA equipment.

Identification of additional end devices requested by staff that will be included with the design (see
allowances).

Identification of equipment that will be operated and monitored remotely that is not tied into the
existing SCADA system (see allowances).
1.4.1
Assumptions

Two 2-hour workshops.
1.4.2
Deliverables

Workshop summary materials and notes.
1.5
SCADA System Security Workshop
ENGINEER will review the City’s water SCADA system and compare it to industry cybersecurity best practice and
guides, such as NIST SP 800-82, ANSI/ISA 62443, and AWWA G430. A “Defense in Depth” strategy will be
employed to maximize the security posture against current threats and develop an overall security posture and
planning for the SCADA improvements. Technical items that will be reviewed in the workshop include:

Redundancy.

Backup and disaster recovery.

Asset management.

Network and system security.

Logging and monitoring.

Least privilege access.

System life cycle.

Secure procurement.

Data protection.

Change management.
We will evaluate and document connectivity and network transports in identified LANs and the overall WAN. Any
gaps in those areas will be documented for consideration.
1.5.1
Assumptions

One 4-hour workshop.

OWNER will provide access to system as required to perform the assessment.

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1.5.2
Deliverables

Draft and Final Cyber Security Assessment.
1.6
Preliminary Cost Estimates, Prioritization and Budget Reconciliation
An Association for the Advancement of Cost Engineering (AACE) Class 5 cost estimate will be prepared for the
desired upgrades. Based on budget guidelines from the City, the team will prioritize project elements and
reconcile needs. The project definition that meets the OWNER’S budgetary constraints will go forward.
1.6.1
Assumptions

Develop Engineer’s Opinion of Probable Construction Costs based on an AACE Class 5 cost estimate.
1.6.2
Deliverables

AACE Class 5 cost estimate.

Prioritization of Items and Final Project Definition.
1.7
Project Definition Summary Workshop
A workshop presentation will be prepared to document the findings and decisions of this phase of the work to be
used as a framework for design.
1.7.1
Deliverables

Project Definition Presentation.
1.8
Control Room Relocation Collaboration
ENGINEER will coordinate with OWNER’S architectural consultant (ARCHITECT) to collaborate on requirements
for relocating the plant control room within the existing Operations Building.  The ENGINEER will participate in a
workshop led by the ARCHITECT, and review concept design prepared by the ARCHITECT.  Server room HVAC
system specifications and requirements for UPS will be included in the review.
1.8.1
Assumptions

One workshop, 2 hours in length, attended by up to 4 ENGINEER staff.

Review of Conceptual Design from ARCHITECT.
1.8.2
Deliverables

Participation in collaborative workshops.

Review comments.
1.9
SCADA HMI Standards and Requirements Development
The ENGINEER will prepare a draft and final SCADA HMI standards and requirements document documenting the
programming standards and associated control system components.  The ENGINEER will facilitate multiple two-
hour workshops to present the SCADA standards and requirements document to key stakeholders. This will
include a meeting agenda, presentation, and meeting minutes. The SCADA system programming standards
would include development of the following elements:

Unified standard PLC I/O tag format. Define the tag structure so that it meets future expansion needs
and in the same time it provides exhaustive information (through encoding) of physical local.

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
Standard PLC data sets or function blocks for typical field devices – valve (with discrete and analog
positioner), motor with and without VFD, power monitor. Specific needs from each device will be
identified such as read signals, alarms with priorities, control capabilities, calculated statistical
information, historical tags list.

Standard object-oriented HMI and OIT graphic. standards defining color conventions based on High
Performance Graphics design.

Standard object-oriented HMI and OIT graphics alarm visualization conventions based on High
Performance Graphics design.

Standard HMI and OIT graphics overview symbol design symbol shape and data presented for individual
device at site overview screens, based on High Performance Graphics design.

Standard object-oriented HMI and OIT graphics faceplate design – content of data presented and
structure for presentation. The focus is on alarm control and monitoring, control status and controls
input, operations state, historical data and operations notes based on High Performance Graphics design.

Standard HMI navigation scheme based on High Performance Graphics design, if desired. • Historian
configuration scheme review.

Security Definition: Defining operator login and security groups requirements. Assign to object
templates.

Alarm Definition per ISA 18.2 guidelines to manage and minimize nuisance alarms.

Scripting: Assessing levels of scripting provided in the existing SCADA. Reviewing scripting methods and
make recommendations for standardized approach and implementation.

Navigation Methods and Graphics: Defining system screen layout and navigation methods, for intuitive
oversight and monitoring of the complete Pecos Water Treatment system.

Historian Configuration Standards: This includes data storage requirements, data transfer rates, store and
forward requirements, trending and archiving requirements, and a data backup scheme.

Interfaces and Custom Applications: Evaluating other SCADA related applications and interfaces,
including Historian, Reporting, Scheduling Tool, Flow and Pressure Tool, weather station, cameras, and
particle monitoring. Making recommendations for planning and alignment with overall SCADA
improvement project.

SCADA System Document Management Procedure: Maintain the latest files, to track the revisions, and to
secure the files. This includes engineering standard specifications, PLC and HMI configuration files,
network architecture diagrams, SCADA system standards, network communication diagrams and
configurations, and control system hardware inventory.
1.9.1
Assumptions

Existing programming standards will be provided to Jacobs.
1.9.2
Deliverables

Draft and Final SCADA HMI Standards document.

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2.
Phase 2: Preliminary Design
Phase 2 includes conducting preliminary design (approximately 30% concepts) for the SCADA upgrades to do the
important research to ensure that the concepts of the detailed design are feasible and have been fully vetted.  The
objective of this phase is to develop preliminary design in collaboration with CMAR to ensure the plan is
constructible, efficient and thorough.
The scope of work for SCADA Phase 2 includes the following main tasks:
Phase 2: Preliminary Design
2.1 - Design Drawing and Specification Lists
2.2 - Preliminary Design Report
2.3 - Develop Conceptual Network Design
2.4 - CMAR Construction Planning Workshops
2.5 - Cost Estimates Review and Tracking
2.1
Design Drawing and Specification Lists
A list of anticipated drawings that will be needed by the time the project reaches 100% complete and a list of
technical specifications anticipated to be needed for construction will be generated. Jacobs will review the City’s
General Conditions and Construction Contract and providing specifications that will work with those documents.
The format of the documents will match the standard format for the City specifications, which is the latest version
of the CSI specifications.
2.1.1
Deliverables

Draft and Final Design Drawing List.

Draft and Final Specifications List.
2.2
Preliminary Design Report
The above-mentioned design elements, Phase 1 workshop meeting minutes, decisions, and technical
memorandums will be captured in a unified Preliminary Design Report (PDR). This document will summarize and
memorialize all design decisions and directions for the team and for the City and will be the cornerstone of the
remaining design phases.  The PDR will also incorporate the following:

A discussion of the overall construction phasing and staging plan for each portion of the work.

Product literature of major components or equipment being proposed.

List of proposed specifications.

Preliminary drawing list.

Design criteria to be used in the development of the design documents.

Preliminary construction cost opinion.

Preliminary estimate of construction schedule.

Identification of allowable outage durations, timing, required advanced notice, and primary and
secondary OWNER’s point of contact. These constraints will be added to the contractual construction
documents as a Special Provision.
Prior to submitting the report to the OWNER, the ENGINEER will perform a comprehensive QA/QC review of this
document. ENGINEER will incorporate OWNER’S comments prior to finalizing and issuing the final PDR.

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ENGINEER will conduct a workshop to review the draft PDR with the City. Documentation of meetings with the
City and a summary decision log made during the meetings will be provided with the final report.
2.2.1
Deliverables

Draft and Final PDR.
2.3
Develop Conceptual Network Design
ENGINEER will develop a conceptual SCADA system network architecture to meet the requirements defined by
the OWNER’S standards utilizing the latest proven technology. Design will be presented and reviewed at a
workshop. To achieve a uniform, fully integrated enterprise-wide SCADA system we employ the following guiding
principles:

Provide a system that is simple to operate and maintain.

Achieve network infrastructure redundancy and security for high availability.

Provide O&M staff with visual context for understanding and interpreting data.

Confirm the new system is fully validated and operational prior to taking the existing system offline.
The following elements will be considered for the network design:

Plant to remote site and in-plant communications system architecture.

Radio communications architecture.

Assessment of long-term viability of various frequency bandwidths and technologies.

Reliability, redundancy and configuration assessment, including failure mode analysis and
responsiveness criteria.

Alternative analysis of long-term communications system

Cyber Security.

Secure cellular network for remote facilities.
2.3.1
Assumptions
2.3.2
Conceptual schematic drawings in Visio will be developed to convey the design.  No specs will be
developed at this pointDeliverables

Draft and Final Conceptual Network Design.
2.4
CMAR Construction Planning Workshops
ENGINEER will coordinate with the CMAR on developing the best approach to implement the work. Specific
approaches for how to best approach constructability, sequencing, and maintaining plant operations will be
addressed.  Four CMAR workshops are assumed for this preliminary design phase.
During this phase, our design team will again confirm the planned switchovers and transitions to the new
systems. The ENGINEER will develop a summary of work specifications to provide the appropriate constraints to
convey the switchover intent and plan to the contractor. The specification will accomplish the following tasks:

Provide a listing of switchover activities that will affect production systems operations. The CMAR
Contractor will need to consider these when developing their construction schedule.

Prescribe the length of interruption to different processes, such as a given well or pump.

Provide the limits on the number of process equipment that can be taken out of service at a given time
Diurnal constraints on time may dictate some work be performed at night or a different season.

Require prerequisite activities be completed and conditionally accepted by OWNER prior to performing
subsequent work.

Specify appropriate notice for all work activities.

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2.4.1.1
Assumptions

Up to 4 CMAR workshops, 4 hours each.
2.4.1.2
Deliverables

Meeting Agendas.

Meeting Minutes.

Preliminary Concepts for Phased Implementation and MOPOs.
2.5
Cost Estimates Review and Tracking
Preliminary costs will be updated by the CMAR using a cost model.  ENGINEER will collaborate with CMAR and
review their cost model at key milestones.  ENGINEER and CMAR will develop preliminary concepts for phased
Guaranteed Maximum Prices (GMPs) and implementation.
2.5.1
Assumptions

CMAR will provide detailed market pricing as available.
2.5.2
Deliverables

Review comments on CMAR Cost Model.

Preliminary Concepts for Phased GMP Development.

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3.
Phase 3: Detailed Design
Phase 3 includes conducting detailed design for the SCADA Upgrades to produce final 100% design documents.
The PDR will be used as the roadmap to develop the detailed design and subsequent construction documents. The
concepts and decisions presented and approved from the preliminary design phase will be further developed into
drawings and specifications in such detail to communicate the scope of work. During this phase, not all elements
and design features will be completely detailed; however, the design will be completed enough to rule out fatal
flaws.  The objective of this phase is to develop efficient design re-using existing cabinetry, conduits and wiring
where possible to maximize use of the City's investment and minimize plant or process outages, and provide the
best value GMP.
The scope of work for SCADA Phase 3 includes the following main tasks:
Phase 3: Detailed Design
3.1 - Detailed Design Development
3.2 - Migration (Cut Over) Plan and MOPOs
3.3 - Final Construction Documents
3.4 - City Code Review Coordination
3.5 - GMP Cost Tracking and Development by CMAR
3.6 - GMP Review
3.1
Detailed Design Development
The following elements will be evaluated, designed, and illustrated in construction drawings and specifications to
progress the design to approximately (80-90%) for draft design documents:

Network block diagrams, including all PLCs, workstations, servers, operator interface terminals, switches,
routers, media converters, and protocol converters.

System-wide block diagram that includes all servers, switches, routers, and media converters that are
used for wide area communications.

Building, room, and panel/cabinet will be identified for each device.

Cable layout and network protocols will be identified for each communications path.

Each strand of multi-strand fiber cable will be detailed in the diagram.

Internal and external panel elevation drawings for all CMAR contractor-supplied PLC panels and
network/server cabinets.

Control narratives that describe the intended system-wide control features, including inter-facility
control, interlocks, permissives, alarming, archiving, and offsite monitoring and control.

Control strategies will include specification of all control logic, process and instrument set points, and
process and instrument alarm conditions based on significant coordination with the SCADA system
CMAR contractor.

PLC I/O summaries include, at a minimum: I/O tag, I/O type, description, PLC, rack, slot, and point.

Network node summary to include, at a minimum: address and device description.

New (properly sized) UPS to the server room and new control room ensuring only critical circuits are on
UPS/generator power.

Secure cellular communications for remote facilities

Single mode fiber within plant
Regular bi-weekly design meetings will be held as design drawings and specifications are developed to obtain
OWNER input and direction.  Larger review meetings will be held at key milestone submittals.
3.1.1
Assumptions

Bi-weekly design meetings will be held remotely, up to 2 hours in length.

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
Up to 7 bi-weekly meetings will be conducted during the 3 month design duration (as noted in the
schedule).
3.1.2
Deliverables

Draft construction drawings and specifications.
3.2
Migration (Cut Over) Plan and MOPOs
ENGINEER will lead development of the Migration Plan in collaboration with the CMAR to confirm the planned
cutovers and transitions to the new systems. Preliminary Maintenance of Plant Operations (MOPO) Plans and
specifications will be included to document constraints and convey the cut-over intent and plan to the CMAR
contractor. The Migration Plan will include:

A listing of cut-over activities that will affect water production systems operations.

Allowed lengths of interruption to different unit processes and equipment, such as a given chemical
system or pump.

Limits on the number of process equipment that can be taken out of service at a given time. Diurnal
constraints on time may dictate some work be performed at night or a different season.

Required prerequisite activities be completed and conditionally accepted by OWNER prior to performing
subsequent work.

Appropriate notice for all work activities.

Financial penalties should the CMAR not follow the listed construction constraints or cause the
production facilities to be inoperable and not serve its designated use.
Regular MOPO coordination meetings will be held as MOPOs are developed to obtain OWNER input and
direction.  Larger review meetings will be held at key milestone submittals.
3.2.1
Assumptions

Bi-weekly MOPO coordination meetings will be held remotely, with up to 6 ENGINEER staff attending.

Up to 4 MOPO workshops, 4 hours each, with up to 6 ENGINEERING staff attending.
3.2.2
Deliverables

Draft and Final Migration Plan.
3.3
Final Construction Documents
Construction Documents (100% design drawings and specifications) will be prepared to accurately communicate
the scope of work to allow the CMAR to quantify the value of the work and develop the GMP for the project.

The 100% design construction documents will depict the design of the project to a level sufficient to
illustrate necessary details for each network type and service and to support the project’s procurement
and installation.

The PDR will be reviewed for compliance and updated if there are differences or additional information.
Regular bi-weekly design meetings will be held as design drawings and specifications are developed to obtain
OWNER input and direction.  Larger review meetings will be held at key milestone submittals.
3.3.1
Assumptions

Bi-weekly 2-hour design meetings will be held remotely.

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3.3.2
Deliverables

Final 100 % construction drawings and specifications.
3.4
City Code Review Coordination
ENGINEER will coordinate with the City Development Services Department (DSD) to complete a code review of
applicable parts of the design.  Construction Documents (100% design drawings and specifications) will be
provided to the City DSD for review.
3.4.1
Assumptions

Documents will be submitted electronically via the City submittal system.

A pre-application meeting will be held with DSD.

A review meeting will be held to go over critical comments.

Changes will be agreed upon and captured in As-built documents.
3.4.2
Deliverables

Adjudication of DSD review comments.
3.5
GMP Cost Tracking and Development by CMAR
The CMAR will track changes to cost throughout design as decisions are made, and details become clearer. The
GMP will be developed by the CMAR and can be finalized when desired by the City, as early as 60% design.
ENGINEER will review costs provided by CMAR at key milestones throughout design.  An intermediate GMP
review workshop will be held.
3.5.1
Assumptions

CMAR will track costs and provided cost models for review by ENGINEER and OWNER at key milestones.
3.5.2
Deliverables

Intermediate GMP Cost review Report.
3.6
GMP Review
ENGINEER will review impacts of design changes to the cost throughout design and perform a review of the GMP
costs, clarifications, and exceptions. A final GMP review workshop and a GMP reconciliation workshop will be
held.
3.6.1
Deliverables

Final GMP Cost review Report.

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4.
Phase 4:  Phased Implementation and Commissioning
(Placeholder)
(Placeholder Scope Outline for Amendment to be Developed During Detailed Design)
Phase 4 includes Implementing the SCADA migration in phases with digital software validation through Replica
model and "process by process" cut-over avoiding shutdowns during critical water production periods
The scope of work for SCADA Phase 4 is anticipated to include the following main tasks:
Phase 4: Phased Implementation and Commissioning
4.1 - Detailed Construction-Level Documentation Review
4.2 - SCADA Migration Implementation Leadership
4.3 - HMI Programming Validation with Replica Digital Twin
4.4 - Control System Testing and Pre-Tuning
4.5 - SCADA Training for City Operations
4.1
Detailed Construction‐Level Documentation Review
4.2
SCADA Migration Implementation Leadership
4.3
HMI Programming Validation with Replica Digital Twin
4.4
Control System Testing and Pre‐Tuning
4.5
SCADA Training for City Operations

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5.
Phase 5: Project Management
A key element to making the SCADA upgrade project a success involves creating a collaborative partnership with
all stakeholders, including the City’s Public Works/Engineering and Utility managers, Utility SCADA/OT
specialists, plant water quality staff, plant operations staff, plant maintenance staff, City IT, and the selected
CMAR. ENGINEER will build cohesion and trust by establishing clear goals, crafting well-designed tasks,
facilitating interactive workshops, fostering open communication, and developing transparent expectations with
the stakeholder group. We will identify and monitor critical success factors, risk management, change
management, decision making process, and stakeholder’s alignment. Our project management approach
combines world-class management and engineering capabilities with proven budget and schedule controls from
extensive SCADA integration experience and the basic steps below:
1. Form the Team. ENGINEER will work closely with OWNER to identify key stakeholders to participate in the
project and their specific responsibilities.
2. Plan the Project. A well-crafted Project Management Plan (PMP) will be essential to project success. The plan
will summarize the understanding, direction, and expectations for the project and identify the delivery
approach, critical project success factors, roles and responsibilities, work tasks, deadlines, decision-making
process, risks management, change management, document sharing and approval processes, quality plan,
and organizational structure. And, it will be critical to define at the onset what the vision is of the SCADA
system is in 10 years.
3. Endorse the Plan. Endorsement of the PMP by all stakeholders, including senior management, ensures a high
level of commitment and validation. We will request support of the plan and approach during team chartering.
4. Manage Change. Because projects invariably experience change, effective change management practices are
critical. Recognizing the different types of changes (i.e., stakeholder impacts, scope changes, cost and
schedule impacts) and having defined mechanisms and protocols in place to address them are crucial.
Cost certainty, control, and budget management are critical to project success as well. Open dialog about costs
and priorities is essential. Baseline costs will be developed after site investigations and preliminary engineering,
and cost evolution will be tracked using spreadsheets and logs throughout the project. Prioritizing scope or
phasing improvements may be necessary to align with the City’s funding. To optimize the project budget, we will
try to re-use existing cabinets where possible.
A Quality Control Plan will be part of the PMP, developed early in the project to ensure expert peer review of
critical deliverables. ENGINEER SCADA and OT staff will also provide oversight to the CMAR during
implementation to ensure quality installation.
With a collaborative team approach, disputes are rare but sometimes do occur. ENGINEER will lead any dispute
resolution for the project engaging the City at appropriate levels as required. Our goal will be to resolve any issues
at the lowest level as much as possible and to only escalate and involve the City if necessary. includes conduct
thorough and transparent discovery to best define the work and potential issues for the new SCADA system
migration, including software/programming philosophies, communications integrity and security concerns with
existing system.
The scope of work for SCADA Phase 5 includes the following main tasks:
Phase 5: Project Management
5.1 – Project Kickoff
5.2 – Project Execution Plan
5.3 – Monthly Progress Reports, Schedule Updates, and Invoices
5.4 – Progress Meetings/Calls
5.5 – QC/QC Senior Review

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5.1
Project Kickoff
There are two primary purposes of this task, first to ensure effective initiation of the project, and second to ensure
clarity of OWNER’S business objectives for Pecos WTP SCADA system upgrades project.
A workshop will be designed to create a commonly understood project purpose, ensure appropriate team
members, and clear roles and responsibilities. The workshop will include review of project activities, deliverables,
and schedule. In addition, and to create an environment for effective teamwork, this workshop will be used to
clearly articulate project goals and critical success factors, understand the project boundaries and challenges,
and ensure and document team commitment.
This task includes the following work activities:

Prepare advance materials, including session agendas, for distribution to attendees.

Prepare draft and final meeting summary
5.1.1
Assumptions

One 2-hour project kickoff workshop, attended by up to 8 ENGINEER staff.
5.1.2
Deliverables

Draft and final meeting agenda.

Draft and final meeting summary.
5.2
Project Execution Plan
The ENGINEER's Project Manager will issue a Project Execution Plan including task instructions for use by the
SCADA System Master Plan team. These instructions will include task background, definition of task
requirements, goals, objectives, schedules, budgets, Project Field Safety Instructions and Quality Management
Plan.
5.2.1
Assumptions

The Project Execution Plan will be delivered to the OWNER within 30 working days of receipt of
the Notice to Proceed.
5.2.2
Deliverables

PMP including Quality Control Plan and Project Instructions
5.3
Monthly Progress Reports, Schedule Updates, and Invoices
The ENGINEER's Project Manager will prepare monthly progress reports in memo format for submission to the
OWNER's Project Manager by the 15th of each calendar month. The report will contain progress against schedule
and scope, as well as relevant budget information. The Project Manager will oversee the preparation and
submission of monthly invoices. In addition, the Project Manager will manage the activities of the SCADA Master
Plan staff via weekly conference calls.
5.4
Progress Meetings/Calls
The ENGINEER's Project Manager will conduct bi-weekly progress meetings/calls of up to 2 hours length with the
OWNER's staff to discuss any delivery issues that might impact the scope, schedule, or budget of this Project.
Notes will be taken during the meeting and posted for the team.

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5.5
QA/QC Senior Review
The ENGINEER's Project Manager will oversee the review of project deliverables by Senior Technical staff. This
review will take place prior to submission of draft versions of deliverables to the OWNER's Project Manager.
5.5.1
Assumptions

QA/QC will be performed according to the established QA/QC plan in the PMP.
5.5.2
Deliverables

QA/QC reviews and direction incorporated into final deliverables.

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6.
Allowance Summary
The allowances below are estimates for optional work to be done at the direction and approval of the City:
#
List of Allowances
Allowance Fee
(placeholders)
1
Agency Coordination:  SRP, Santan Vista, MCESD
$50,000
2
Design of Vendor panels for: floc, polymer blend, high pressure pump
station, onsite chlorine generation, blowers, thickened sludge pumps,
power monitors on switchgear and MCCs
$100,000
3
Consolidate As-Built P&IDs and O&M manuals
$250,000
4
Additional Optional Design for (1) Wireless Access points for full plant
coverage (2) Existing Electrical Buckets in MCCs to provide for Remote
control (3) Additional End Devices based upon Owners request (e.g.,
Bisulfite system, Surge Tank)
$150,000
TOTAL Allowances
$550,000

Allowance Item 1: Coordinate design efforts with the SRP, SANTAN Vista, and MCESD agencies.  Jacobs
will collaborate and inform outside agencies of any improvements to the Pecos WTP SCADA system.  This
effort will include meetings, assessments at agency sites, and design.

Allowance Item 2: Design new controls for listed Pecos WTP Vendor package control systems that will
meet the City of OWNER’S SCADA standards. This effort will allow a more complete standardized control
system throughout Pecos WTP.

Allowance Item 3: Jacobs will create new As-Built P&IDs and develop updated O&M manuals for the new
SCADA system to document changes to equipment and controls after the SCADA upgrade installation is
complete

Allowance Item 4: In addition to designing the new SCADA system at Pecos WTP, Jacobs will design a
wireless network system that will give network coverage throughout the plant, design new motor
controls for equipment that is currently not tied into SCADA, and provide design for additional end
devices such as flow meters, level meters, and analytical meters identified by plant staff that will provide
additional information and control in areas that are currently not monitored or controlled.
Work done under the allowances may require an adjustment to the delivery schedule. It is also assumed that
additional scope definition will be necessary to confirm the fee for work under these allowances.

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7.
Schedule
Work for the SCADA upgrades Phases 1, 2, 3, and 5 will be performed in accordance with the schedule attached.
The target NTP is August 1, 2021.  Work through detailed design is anticipated to take through November 30,
2022 (total duration of 16 months).  The schedule for Phase 4: Implementation and Commissioning is a
placeholder estimate of duration and will be refined during detailed design.

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8.
Compensation
The work will be done on a time and material basis with a not to exceed (NTE) upper limit as indicated in the
attached Level of Effort and Fee spreadsheet. The work is currently estimated for Phases 1, 2, 3 and 5..  Work for
Phase 4 will be estimated and finalized during detailed design and added to the project contract via an
amendment.  Allowances are provided for optional work to be done at the direction and approval of the City.

Project Start:
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SELECTION NOTICE
1-Apr-21
1-Apr-21
SCOPING AND CONTRACT NEGOTIATIONS
1-Apr-21
1-Aug-21
COUNCIL APPROVAL
15-Jul-21
15-Jul-21
NOTICE TO PROCEED
1-Aug-21
1-Aug-21
Project Kickoff and Chartering Session
2-Aug-21 16-Aug-21
Phase 1: Project Definition
1.1 - Existing Documentation Review
2-Aug-21
3-Oct-21
1.2 - Site Assessments and Evaluation
2-Aug-21
2-Nov-21
1.3 - Interviews
2-Aug-21
2-Nov-21
1.4 - Project Definition Development Workshops
2-Aug-21
2-Jan-22
1.5 - SCADA System Security Workshop
2-Sep-21
2-Nov-21
1.6 - Preliminary Cost Estimates, Prioritization and Budget Reconciliatio
2-Nov-21 16-Feb-22
1.7 - Project Definition Report/Summary Workshop
2-Jan-22 16-Feb-22
1.8 - Control Room Relocation Collaboration
2-Jan-22 16-Feb-22
1.9 - SCADA HMI Standards and Requirements Development
2-Sep-21 16-Feb-22
Phase 2: Preliminary Design
2.1 - Design Drawing and Specification Lists
16-Feb-22
3-May-22
2.2 - Preliminary Design Report
16-Feb-22
3-May-22
2.3 - Develop Conceptual Network Design
16-Feb-22
3-May-22
2.4 - CMAR Construction Planning Workshops
3-May-22
3-Jul-22
2.5 - Cost Estimates Review and Tracking
3-May-22
3-Jul-22
Phase 3: Detailed Design
3.1 - Detailed Design Development
2-Jul-22 30-Sep-22
3.2 - Migration (Cut Over) Plan and MOPOs
2-Jul-22 30-Sep-22
3.3 - Final Construction Documents
30-Sep-22 30-Nov-22
3.4 - City Code Review Coordination
31-Jul-22 30-Nov-22
3.5 - GMP Cost Tracking and Development by CMAR
31-Jul-22 30-Nov-22
3.6 - GMP Review
30-Sep-22 30-Nov-22
Phase 4: Phased Implementation and Commissioning (Placeholder)
4.1 - Detailed Construction-Level Documentation Review
2-Nov-22
3-Jul-23
4.2 - SCADA Migration Implemenation Leadership
2-Nov-22
3-Jul-23
4.3 - HMI Programming Validation with Replica Digital Twin
2-Nov-22
3-Jul-23
4.4 - Control System Testing and Pre-Tuning
2-Nov-22
3-Jul-23
4.5 - SCADA Training for City Operations
2-Jun-23
3-Jul-23
Project Management
2-Aug-21
2-Aug-23
Plant Operations Constraints
SRP Annual Canal Dry-up 2021/2022
15-Nov-21
1-Feb-22
Pecos WTP Shutdown 2021
15-Nov-21
1-Feb-22
SRP Annual Canal Dry-up 2022
15-Nov-22
1-Feb-23
Pecos WTP Shutdown 2022
15-Nov-22
1-Feb-23
High Water Demand/No Shutdowns 2022
1-Apr-22
1-Aug-22
Limited Shutdowns Allowed 2022
1-Aug-22 30-Nov-22
High Water Demand/No Shutdowns 2023
1-Apr-23
1-Aug-23
Sep-22
Oct-22
Nov-22
Dec-22
Jan-23
Apr-22
May-22
Jun-22
Jul-22
Aug-22
Nov-21
Dec-21
Jan-22
Feb-22
Mar-22
W103
W104
W98
W99
W100
W101
W102
W93
W94
W95
W96
W97
W88
W89
W90
W91
W92
W83
Feb-23
W84
W85
W86
W87
W78
W79
W80
W81
W82
W73
W74
W75
W76
W77
W68
W69
W70
W71
W72
W63
W64
W65
W66
W67
W58
W59
W60
W61
W62
W53
W54
W55
W56
W57
W48
W49
W50
W51
W52
W31
W32
W43
W44
W45
W46
W47
W38
W39
W40
W41
W42
Thu, 1-Apr-2021
Apr-21
May-21
Jun-21
Jul-21
Aug-21
Sep-21
Oct-21
W6
W1
W2
W3
W4
W5
W12
W13
W14
W18
W17
W15
W16
W7
W8
W9
W10
W11
W114
W115
W116
W117
W118
W119
W120
W27
W19
W20
W21
W22
W23
W24
W25
W26
W33
W34
W35
W36
W37
W28
W29
W30
W105
W106
W107
W108
W109
W110
W111
W112
W113
W121
W122
W123
W124
Mar-23
Apr-23
May-23
Jun-23
Jul-23
Aug-23

City of Chandler Professional Services Agreement – Exhibit “B” 
Page B-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE  
Project No.: WA2103.201 
Rev. 3/2/2021 
 
 
EXHIBIT “B” 
COMPENSATION AND FEES

Chandler Pecos SWTP SCADA Upgrades
Jacobs
599,660.00
$
1.1 Existing Documentation Review
89,520.00
$
1.2 Site Assessments and Evaluation
101,760.00
$
1.3 Interviews
39,840.00
$
1.4 Project Definition Development Workshops
87,550.00
$
1.5 SCADA System Security Workshop
56,120.00
$
1.6 Preliminary Cost Estimates, Prioritization and Budget Reconciliation
63,720.00
$
1.7 Project Definition Report/Summary Workshop
70,220.00
$
1.8 Control Room Relocation Collaboration
12,440.00
$
1.9  SCADA HMI Standards and Requirements Development
78,490.00
$
447,230.00
$
2.1 Design Drawing and Specification Lists
22,820.00
$
2.2 Preliminary Design Report
282,470.00
$
2.3 Develop Conceptual Network Design
81,080.00
$
2.4 CMAR Construction Planning Workshops
38,800.00
$
2.5 Cost Estimates Review and Tracking
22,060.00
$
2,074,282.00
$
3.1 Detailed Design Development
1,358,070.00
$
3.2 Migration (Cut Over) Plan and MOPOs
188,900.00
$
3.3 Final Construction Documents
309,812.00
$
3.4 City Code Review Coordination
60,600.00
$
3.5 GMP Cost Tracking and Development by CMAR
73,600.00
$
3.6 GMP Review
83,300.00
$
-
$
-
$
-
$
115,800.00
$
5.1 Project Kickoff
4,800.00
$
5.2 Project Execution Plan
16,400.00
$
5.3 Monthly Progress Reports, Schedule Updates, and Invoices
48,400.00
$
5.4 Progress Meetings/Calls
32,400.00
$
5.5 QA/QC Senior Review
13,800.00
$
55,300.00
$
-
$
SUBTOTAL COST:
3,292,272.00
$
1 Agency Coordination:  SRP, Santan Vista, MCESD
50,000.00
$
2 Design of Vendor Panels
100,000.00
$
3 Consolidate As-Built P&IDs and O&M Manuals
250,000.00
$
4 Additional Optional Design
150,000.00
$
5 Owner's Allowance
300,000.00
$
SUBTOTAL ALLOWANCES:
850,000.00
$
TOTAL COST:
4,142,272.00
$
Chandler Pecos SCADA Upgrades
EXHIBIT "B-1"
Time and Materials Cost Per Task
TASK DESCRIPTION
SUBTOTAL
Phase 1: Project Definition
Phase 2: Preliminary Design
Phase 3: Detailed Design
Phase 4: Phased Implementation and Commissioning (Placeholder)
Phase 5: Project Management
Expenses
Subconsultants
Allowances
Chandler Pecos SCADA Upgrades LOE R7 2021_06_21
1
Fee Summary by Phase

Chandler Pecos SCADA Upgrades
Phase 1: Project Definition
LEVEL OF EFFORT
Task
Description
Teresa Smith-
Dehesus
Jay Hardison
Jeff Kanyuch
Ed McDaniel
Nick Edgett
Tyler Nading
Chris
Dermody
Tony Stewart
TBD
Hillary Feier /
Will Porter
Johnathan
James
Adrea Ellis
Jonathan
Castanos
Various
Various
Various
Various
Scott Palmer
Various
Various
Total
Subtotal
Principal/
Project
Manager
SCADA
Design
Manager
Principal/
Technical Advisor
(Implementation)
Technical
Advisor
(Modicon)
Technical
Advisor
(Wonderware)
Technical
Advisor
(Digital Twin)
QA/QC
Cybersecurity /
Operational
Technology
Other
Technical
Advisors
Process
Engineer /
Digital Twin
Senior
Electrical
Engineer
Senior
SCADA/ I&C
Designer
SCADA/ I&C
Designer
Engineer
Specialist/
Project
Engineer
Staff I&C
Engineer
 Lead
Technician /
CAD
Technician /
CAD
Scheduler /
Project
Controls
Senior
Cost
Estimator
Office
Support
Labor
Hours
Labor
Bill Rate
280.00
$
270.00
$
280.00
$
205.00
$
205.00
$
205.00
$
280.00
$
250.00
$
205.00
$
150.00
$
180.00
$
200.00
$
150.00
$
225.00
$
125.00
$
150.00
$
110.00
$
220.00
$
220.00
$
100.00
$
1.1
Existing Documentation Review
Subtotal
16
24
4
8
8
8
0
24
8
0
16
40
120
40
200
0
0
0
0
20
0
536
$89,520
1.2
Site Assessments and Evaluation
Subtotal
24
60
24
0
0
0
0
40
0
0
24
24
120
80
120
0
0
0
0
20
0
536
$101,760
1.3
Interviews
Subtotal
24
24
2
8
8
8
0
8
8
0
4
24
24
24
24
0
0
0
0
0
0
190
$39,840
1.4
Project Definition Development Workshops
Subtotal
24
40
24
24
24
24
4
40
30
24
16
24
40
40
40
0
0
0
0
0
0
418
$87,550
1.5
SCADA System Security Workshop
Subtotal
16
24
4
0
0
0
4
100
4
0
0
8
40
20
40
0
0
0
0
0
0
260
$56,120
1.6
Preliminary Cost Estimates, Prioritization and Budget Reconciliation
Subtotal
24
40
8
8
8
8
8
8
0
0
0
0
40
40
0
0
0
0
90
0
0
282
$63,720
1.7
Project Definition Report/Summary Workshop
Subtotal
30
40
8
8
8
8
16
24
8
8
8
8
40
16
40
0
0
45
0
30
0
345
$70,220
1.8
Control Room Relocation Collaboration
Subtotal
12
12
0
0
0
0
0
0
8
0
0
12
12
0
0
0
0
0
0
0
0
56
$12,440
1.9
 SCADA HMI Standards and Requirements Development
Subtotal
24
42
8
18
18
8
8
0
8
16
8
16
100
50
80
0
0
0
0
20
0
424
$78,490
TOTAL
194
306
82
74
74
64
40
244
74
48
76
156
536
310
544
0
0
45
90
90
0
3047
$599,660
Chandler Pecos SCADA Upgrades
Phase 2: Preliminary Design
LEVEL OF EFFORT
Task
Description
Teresa Smith-
Dehesus
Jay Hardison
Jeff Kanyuch
Ed McDaniel
Nick Edgett
Tyler Nading
Chris
Dermody
Tony Stewart
TBD
Hillary Feier /
Will Porter
Johnathan
James
Adrea Ellis
Jonathan
Castanos
Various
Various
Various
Various
Scott Palmer
Various
Various
Total
Subtotal
Principal/
Project
Manager
SCADA
Design
Manager
Principal/
Technical Advisor
(Implementation)
Technical
Advisor
(Modicon)
Technical
Advisor
(Wonderware)
Technical
Advisor
(Digital Twin)
QA/QC
Cybersecurity /
Operational
Technology
Other
Technical
Advisors
Process
Engineer /
Digital Twin
Senior
Electrical
Engineer
Senior
SCADA/ I&C
Designer
SCADA/ I&C
Designer
Engineer
Specialist/
Project
Engineer
Staff I&C
Engineer
 Lead
Technician /
CAD
Technician /
CAD
Scheduler /
Project
Controls
Senior
Cost
Estimator
Office
Support
Labor
Hours
Labor
Bill Rate
280.00
$
270.00
$
280.00
$
205.00
$
205.00
$
205.00
$
280.00
$
250.00
$
205.00
$
150.00
$
180.00
$
200.00
$
150.00
$
225.00
$
125.00
$
150.00
$
110.00
$
220.00
$
220.00
$
100.00
$
2.1
Design Drawing and Specification Lists
Subtotal
8
16
8
0
0
0
0
8
0
0
4
8
40
0
20
8
0
0
0
0
0
120
$22,820
2.2
Preliminary Design Report
Subtotal
68
128
20
45
45
45
37
67
25
45
33
149
292
185
145
29
45
16
0
45
0
1464
$282,470
2.3
Develop Conceptual Network Design
Subtotal
20
40
12
0
0
0
4
60
0
0
0
60
120
40
40
8
0
0
0
0
0
404
$81,080
2.4
CMAR Construction Planning Workshops
Subtotal
20
20
30
0
0
0
0
20
20
0
8
8
20
0
20
0
0
8
0
0
0
174
$38,800
2.5
Cost Estimates Review and Tracking
Develop Preliminary Cost Table
Preliminary Concepts for Phased GMP Development
Subtotal
8
16
16
0
0
0
4
0
0
0
0
0
0
0
0
0
0
0
45
0
0
89
$22,060
TOTAL
124
220
86
45
45
45
45
155
45
45
45
225
472
225
225
45
45
24
45
45
0
2251
$447,230
No.
No.

Chandler Pecos SCADA Upgrades
Phase 3: Detailed Design
LEVEL OF EFFORT
Task
Description
Teresa Smith-
Dehesus
Jay Hardison
Jeff Kanyuch
Ed McDaniel
Nick Edgett
Tyler Nading
Chris
Dermody
Tony Stewart
TBD
Hillary Feier /
Will Porter
Johnathan
James
Adrea Ellis
Jonathan
Castanos
Various
Various
Various
Various
Scott Palmer
Various
Various
Total
Subtotal
Principal/
Project
Manager
SCADA
Design
Manager
Principal/
Technical Advisor
(Implementation)
Technical
Advisor
(Modicon)
Technical
Advisor
(Wonderware)
Technical
Advisor
(Digital Twin)
QA/QC
Cybersecurity /
Operational
Technology
Other
Technical
Advisors
Process
Engineer /
Digital Twin
Senior
Electrical
Engineer
Senior
SCADA/ I&C
Designer
SCADA/ I&C
Designer
Engineer
Specialist/
Project
Engineer
Staff I&C
Engineer
 Lead
Technician /
CAD
Technician /
CAD
Scheduler /
Project
Controls
Senior
Cost
Estimator
Office
Support
Labor
Hours
Labor
Bill Rate
280.00
$
270.00
$
280.00
$
205.00
$
205.00
$
205.00
$
280.00
$
250.00
$
205.00
$
150.00
$
180.00
$
200.00
$
150.00
$
225.00
$
125.00
$
150.00
$
110.00
$
220.00
$
220.00
$
100.00
$
3.1
Detailed Design Development
Subtotal
140
360
24
72
80
100
116
140
120
160
192
336
1008
1002
1008
1008
2520
20
0
100
0
8506
$1,358,070
3.2
Migration (Cut Over) Plan and MOPOs
Subtotal
100
120
120
0
0
0
40
40
40
0
40
40
100
100
0
0
0
40
0
40
0
820
$188,900
3.3
Final Construction Documents
Subtotal
38
96
24
48
20
0
48
48
40
40
48
120
101
101
240
240
600
20
0
60
0
1932
$309,812
3.4
City Code Review Coordination
Subtotal
40
80
20
0
0
0
0
0
0
0
40
0
40
40
0
0
0
0
0
0
0
260
$60,600
3.5
GMP Cost Tracking and Development by CMAR
Subtotal
60
100
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
10
100
0
0
290
$73,600
3.6
GMP Review
Subtotal
60
100
20
0
0
0
20
0
20
0
0
0
0
0
0
0
0
10
100
0
0
330
$83,300
TOTAL
438
856
228
120
100
100
224
228
220
200
320
496
1249
1243
1248
1248
3120
100
200
200
0
12138
$2,074,282
Chandler Pecos SCADA Upgrades
Phase 5: Project Management
LEVEL OF EFFORT
Task
Description
Teresa Smith-
Dehesus
Jay Hardison
Jeff Kanyuch
Ed McDaniel
Nick Edgett
Tyler Nading
Chris
Dermody
Tony Stewart
TBD
Hillary Feier /
Will Porter
Johnathan
James
Adrea Ellis
Jonathan
Castanos
Various
Various
Various
Various
Scott Palmer
Various
Various
Total
Subtotal
Principal/
Project
Manager
SCADA
Design
Manager
Principal/
Technical Advisor
(Implementation)
Technical
Advisor
(Modicon)
Technical
Advisor
(Wonderware)
Technical
Advisor
(Digital Twin)
QA/QC
Cybersecurity /
Operational
Technology
Other
Technical
Advisors
Process
Engineer /
Digital Twin
Senior
Electrical
Engineer
Senior
SCADA/ I&C
Designer
SCADA/ I&C
Designer
Engineer
Specialist/
Project
Engineer
Staff I&C
Engineer
 Lead
Technician /
CAD
Technician /
CAD
Scheduler /
Project
Controls
Senior
Cost
Estimator
Office
Support
Labor
Hours
Labor
Bill Rate
280.00
$
270.00
$
280.00
$
205.00
$
205.00
$
205.00
$
280.00
$
250.00
$
205.00
$
150.00
$
180.00
$
200.00
$
150.00
$
225.00
$
125.00
$
150.00
$
110.00
$
220.00
$
220.00
$
100.00
$
5.1
Project Kickoff
Subtotal
8
8
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
4
0
20
$4,800
5.2
Project Execution Plan
Subtotal
20
40
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
60
$16,400
5.3
Monthly Progress Reports, Schedule Updates, and Invoices
Subtotal
80
40
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
60
0
20
0
200
$48,400
5.4
Progress Meetings/Calls
Subtotal
80
0
0
0
0
0
0
0
0
0
0
0
0
80
0
0
0
0
0
0
160
$32,400
5.5
QA/QC Senior Review
Subtotal
0
20
0
0
0
0
30
0
0
0
0
0
0
0
0
0
0
0
0
0
0
50
$13,800
TOTAL
188
108
0
0
0
0
30
0
0
0
0
0
0
0
80
0
0
60
0
24
0
490
$115,800
No.
No.

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201 
Rev. 3/2/2021 
 
EXHIBIT “C” 
INSURANCE REQUIREMENTS 
1.
General.
1.1 At the same time as execution of this Agreement, Consultant must furnish City a certificate 
of insurance on a standard insurance industry ACORD form.  The ACORD form must be 
issued by an insurance company authorized to transact business in the State of Arizona 
possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do 
business in the State of Arizona with policies and forms satisfactory to City.  Provided, 
however, the A.M. Best rating requirement will not be deemed to apply to required 
Workers’ Compensation coverage.  
1.2 Consultant and any of its subconsultants must procure and maintain, until all of their 
obligations have been discharged, including any warranty periods under this Agreement 
are satisfied, the insurances set forth below. 
1.3 The insurance requirements set forth below are minimum requirements for this 
Agreement and in no way limit the indemnity covenants contained in this Agreement. 
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are 
sufficient to protect Consultant from liabilities that might arise out of the performance of 
the Agreement services under this Agreement by Consultant, its agents, representatives, 
employees, subconsultants, and Consultant is free to purchase any additional insurance as 
may be determined necessary. 
1.5 Failure to demand evidence of full compliance with the insurance requirements in this 
Agreement or failure to identify any insurance deficiency will not relieve Consultant from, 
nor will it be considered a waiver of its obligation to maintain the required insurance at all 
times during the performance of this Agreement. 
1.6 Use of subconsultants:  If any work is subcontracted in any way, Consultant must execute a 
written contract with subconsultant containing the same Indemnification Clause and 
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is 
responsible for executing the Agreement with the subconsultant and obtaining Certificates 
of Insurance and verifying the insurance requirements. 
2.
Minimum Scope and Limits of Insurance.  Consultant must provide coverage with limits of
liability not less than those stated below. 
2.1 Professional Liability.  If the Agreement is the subject of any professional services or work 
performed by Consultant, or if Consultant engages in any professional services or work 
adjunct or residual to performing the work under this Agreement, Consultant must 
maintain Professional Liability insurance covering errors and omissions arising out of the 
work or services performed by Consultant, or anyone employed by Consultant, or anyone 
whose acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit 
of $1,000,000 each claim and $2,000,000 all claims.  In the event the Professional Liability

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-2 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201 
Rev. 3/2/2021 
 
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past 
completion and acceptance of the work or services, and Consultant, or its selected Design 
Professional will submit Certificates of Insurance as evidence the required coverage is in 
effect.  The Design Professional must annually submit Certificates of Insurance citing that 
the applicable coverage is in force and contains the required provisions for a 3 year period. 
2.2 Commercial General Liability-Occurrence Form.  Consultant must maintain “occurrence” form 
Commercial General Liability insurance with a limit of not less than $2,000,000 for each 
occurrence, $4,000,000 aggregate.  Said insurance must also include coverage for products 
and completed operations, independent contractors, personal injury and advertising injury. 
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess 
insurance must be “follow form” equal or broader in coverage scope than underlying 
insurance. 
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles 
Vehicle Liability:  Consultant must maintain Business/Automobile Liability insurance with a 
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles 
assigned to or used in the performance of Consultant’s work or services under this 
Agreement.  If any Excess or Umbrella insurance is utilized to fulfill the requirements of this 
paragraph, the Excess  or Umbrella insurance must be “follow form” equal or broader in 
coverage scope than underlying insurance. 
2.4 Workers Compensation and Employers Liability Insurance:  Consultant must maintain Workers 
Compensation insurance to cover obligations imposed by federal and state statutes having 
jurisdiction of Consultant employees engaged in the performance of work or services 
under this Agreement and must also maintain Employers’ Liability insurance of not less 
than $1,000,000 for each accident and $1,000,000 disease for each employee. 
2.5 Cyber Technology Errors and Omissions, Network Security, and Privacy Liability Insurance.  The 
policy 
s h a l l  
cover 
professional 
misconduct 
or 
lack 
of 
ordinary 
skill 
for 
those positions defined in the Scope of Services of this Agreement with a limit of 
not less than $5,000,000 for each occurrence, $5,000,000 aggregate.  In the event 
that the professional liability insurance required by this Agreement is written on 
a claims-made 
basis, 
Consultant 
warrants that any retroactive date under the 
policy 
must precede the effective date of this 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 work under this 
Agreement is completed.  If such insurance is maintained on an occurrence form 
basis, Consultant s h a l l  maintain such insurance for an additional period of one (1) 
year following termination of Agreement.  If such insurance is maintained on a claims-
made basis, Consultant shall maintain such insurance for an additional period of 
three (3) years following termination of the Agreement.  If Consultant contends that 
any of the insurance it maintains pursuant to other sections of this Exhibit C 
satisfies this requirement (or otherwise insures the risks described in this section), 
then Consultant shall provide proof of same.    
2.5.1. The insurance shall provide coverage for the following risks:

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-3 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201 
Rev. 3/2/2021 
 
 
(a defined term including but not limited to bank account, credit card 
account, personal information such as name, address, social security 
numbers, etc. information) stored or transmitted in electronic form.  
2.5.1.2 Network Security Liability arising from the unauthorized access to, use of, 
or tampering with computer systems including hacker attacks, inability of 
an authorized third party, to gain access to your services including denial of 
service, unless caused by a mechanical or electrical failure.  
2.5.1.3 Liability arising from the introduction of a computer virus into, or otherwise 
causing damage to, a customer’s or third person’s computer, computer 
system, network, or similar computer related property and the data, 
software, and programs thereon.  
 
2.5.2. 
The policy must provide a waiver of subrogation. 
 
3. 
Additional Policy Provisions Required. 
 
3.1 Self-Insured Retentions or Deductibles.  Any self-insured retentions and deductibles must be 
declared and approved by City.  If not approved, City may require that the insurer reduce or 
eliminate any deductible or self-insured retentions with respect to City, its officers, officials, 
agents, employees, and volunteers. 
 
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage. 
 
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its 
officers, officials, agents, and employees.  Any insurance or self-insurance maintained 
by City, its officers, officials, agents, and employees will be in excess of the coverage 
provided by Consultant and must not contribute to it. 
 
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is 
made or suit is brought, except with respect to the limits of the insurer's liability. 
 
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under 
the indemnification provisions of this Agreement. 
 
3.1.5. The policies must contain a severability of interest clause against City, its officers, 
officials, agents, and employees, for losses arising from Work performed by 
Consultant for City. 
 
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial 
General Liability insurance as specified in this Agreement for a minimum period of 3 
years following completion and acceptance of the Work.  Consultant must submit a 
Certificate of Insurance evidencing Commercial General Liability insurance during this 
3 year period containing all the Agreement insurance requirements, including naming 
City of Chandler, its agents, representatives, officers, directors, officials and 
employees as Additional Insured as required.

City of Chandler Professional Services Agreement – Exhibit “C” 
Page C-4 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201 
Rev. 3/2/2021 
 
 
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will 
reasonably rely upon the Certificate of Insurance as evidence of coverage but this 
acceptance and reliance will not waive or alter in any way the insurance requirements 
or obligations of this Agreement.   
 
3.2.  Insurance Cancellation During Term of Contract/Agreement.  
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant 
must forward renewal or replacement Certificates to City within 10 days after the 
renewal date containing all the required insurance provisions. 
 
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must 
provide the required coverage and must not be suspended, voided or canceled 
except after thirty (30) days prior written notice has been given to City, except when 
cancellation is for non-payment of premium, then ten (10) days prior notice may be 
given.  Such notice must be sent directly to Chandler Law-Risk Management 
Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any 
insurance company refuses to provide the required notice, Consultant or its 
insurance broker must notify City of any cancellation, suspension, non-renewal of any 
insurance within seven (7) days of receipt of insurers’ notification to that effect.  
 
3.3 
City as Additional Insured.  The policies are to contain, or be endorsed to contain, the following 
provisions: 
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or 
be endorsed to contain, the following provisions:  City, its officers, officials, agents, 
and employees are additional insureds with respect to liability arising out of activities 
performed by, or on behalf of, Consultant; Products and Completed operations of 
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant. 
 
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the 
full limits of liability purchased by Consultant even if those limits of liability are in 
excess of those required by this Agreement.

City of Chandler Professional Services Agreement – Affidavit of Lawful Presence 
Page AFF-1 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201 
Rev. 11/1/19 
 
 
EXHIBIT “D” 
SPECIAL CONDITIONS 
 
 
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of 
the MAG Specifications and MAG Standard Details as amended by City.  City’s current 
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found 
and downloaded from City’s website at http://www.chandleraz.gov/udm.   
 
City Ownership of Project Documents. All work products (electronically or manually 
generated) including, but not limited to: plans, specifications, cost estimates, field notes, 
tracings, studies, investigations, design analyses, original drawings, original mylars, 
Computer Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, 
and other related documents which are prepared in the performance of this Agreement 
(collectively referred to as "Documents") are to be and remain the property of City and are 
to be delivered to the Project Manager before the final payment is made to Consultant. In 
the event these Documents are altered, modified or adapted without the written consent of 
Consultant, which consent Consultant must not unreasonably withhold, City agrees to hold 
Consultant harmless to the extent permitted by law from the legal liability arising out of 
City's alteration, modification or adaptation of the Documents. 
 
Re-use of Documents. The parties agree the documents, drawings, specifications and 
designs, although the property of City,  are prepared for this specific project and are not 
intended nor represented by Consultant to be suitable for re-use for any other project.  Any 
re-use without written verification or adaptation by Consultant for the specific purpose 
intended will be at City’s sole risk and without liability or legal exposure to Consultant. 
 
Patent Fees and Royalties. Consultant must pay all license fees and royalties and assume all 
costs incidental to the use, in the performance of the work or the incorporation in the work 
of any invention, design, process, product, or device which is the subject of patent rights or 
copyrights held by others.  If a particular invention, design, process, product, or device is 
specified in the Agreement for use in the performance of the work and if, to the actual 
knowledge of City, its use is subject to patent rights or copyrights calling for the payment of 
any license fee or royalty to others, the existence of such rights will be disclosed by City in 
the Agreement.  Consultant must defend, indemnify and hold harmless City and anyone 
directly or indirectly employed by City from and against all claims, damages, losses, and 
expenses (including attorneys’ fees) arising out of any infringement of patent rights or 
copyrights incidental to the use in the performance of the work, or resulting from the 
incorporation in the work of any invention, design, process, product, or device not specified 
in the Agreement, and must defend all such claims in connection with any alleged 
infringement of such rights.  
 
License to City for Reasonable Use. With this Agreement, Consultant and its subconsultants 
hereby grant a license to City, its agents, employees, and representatives for an indefinite 
period of time to reasonably use, make copies, and distribute as appropriate the 
Documents, works or deliverables developed or created as a result of the Project and this

City of Chandler Professional Services Agreement – Affidavit of Lawful Presence 
Page AFF-2 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201 
Rev. 11/1/19 
 
 
Agreement. This license also includes the making of derivative works.  
 
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional 
seal all plans, works, and deliverables prepared by each for this Agreement as required by 
state law. 
 
1. Contract Worker Access Controls, Badge and Key Access Requirements. A Contract 
Worker from Consultant’s firm must not be allowed to begin work in any City facility 
without: (A) The prior completion and City's acceptance of the required background 
screening; and (8) when required, the Contract Worker's receipt of a City issued badge. A 
badge will be issued to a Contract Worker solely for access to City facility(s) to which the 
Contract Worker is assigned. Each Contract Worker who enters a City facility must use 
the badge issued to the Contract Worker. 
 
2. Badges. After receipt of the badge application, the Contract Worker will proceed to the 
Badging Office for processing of the badge application and issuance of the badge. City 
will not process the badge application until the Contract Worker satisfies the required 
Background Screening (as defined herein). The Contract Worker must comply with all 
requirements and furnish all requested information as requested by the Badging Office. 
Any and all fees associated with security badging will be assessed in compliance with 
Chandler City Code §4-22. 
 
3. Key Access Procedures. If the Contract Worker's services require keyed access to enter a 
City facility(s), a separate key issue/return form must be completed and submitted by 
Consultant for each key issued. 
 
4. Stolen or Lost Badges or Keys. Consultant must report lost or stolen badges or keys to 
City immediately. A new badge application or key issue form must be completed and 
submitted along with payment of the applicable fees prior to issuance of a new badge or 
key. 
5. Return of Badges or Keys. All badges and keys are the property of City and must be 
returned to City at the Badging Office within one (1) business day of when the Contract 
Worker's access to a City facility is no longer required to furnish the services under this 
Agreement. Consultant must collect a Contract Worker's badge and key(s) upon the 
termination of the Contract Worker's employment; when the Contract Worker's services 
are no longer required at the particular City facility(s); or upon termination, cancellation 
or expiration of this Agreement. 
 
6. Consultant’s default under this Section must include, but is not limited to the following: 
(1) Contract Worker gains access to a City facility(s) without the proper badge or key; (2) 
Contract Worker uses a badge or key of another to gain access to a City facility; (3) 
Contract Worker commences services under this Agreement without the proper badge, 
key or Background Screening; (4) Contract Worker or Consultant submits false 
information or negligently submits wrong information to City to obtain a badge, key or 
applicable Background Screening; or (5) Consultant fails to collect and timely return 
Contract Worker's badge or key upon termination of Contract Worker's employment,

City of Chandler Professional Services Agreement – Affidavit of Lawful Presence 
Page AFF-3 
Public Works & Utilities Department, Capital Projects Division  
Project Name: PECOS SURFACE WATER TREATMENT PLANT SCADA UPGRADE 
Project No.: WA2103.201 
Rev. 11/1/19 
 
 
reassignment of Contract Worker to another City facility or upon the expiration, 
cancellation or termination of this Agreement. Consultant acknowledges and agrees that 
the access control, badge and key requirements in this Section are necessary to preserve 
and protect public health, safety and welfare. Accordingly, Consultant agrees to properly 
cure any default under this Section within three (3) business days from the date notice of 
default is sent by City. The parties agree that Consultant’s failure to properly cure any 
default under this Section must constitute a breach of this Section. In addition to any 
other remedy available to City at law or in equity, Consultant must be liable for and must 
pay to City the sum of one thousand dollars ($1,000.00) for each breach by Consultant of 
this Section. The parties further agree that the sum fixed above is reasonable and 
approximates the actual or anticipated loss to City at the time and making of this 
Agreement in the event that Consultant breaches this Section. Further, the parties 
expressly acknowledge and agree to the fixed sum set forth above because of the 
difficulty of proving City's actual damages in the event that Consultant breaches this 
Section. The parties further agree that three (3) breaches by Consultant of this Section 
arising out of any default within a consecutive period of three (3) months or three (3) 
breaches by Consultant of this Section arising out of the same default within a period of 
twelve (12) consecutive months will constitute a material breach of this Agreement by 
Consultant and City expressly reserves all of its rights, remedies and interests under this 
Agreement, at law and in equity including, but not limited to, termination of this 
Agreement.