COC Legal Initialed DCA

City of Chandler — Regular Meeting (2021-09-23)

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P.O. Box 52025 
Mail Station SSW303 
 
 
Phoenix, Arizona 85072-2025 
(602) 236-5900 
www.srpnet.com 
26.4E-3.5S Design and Construction Agreement.doc 
 
 
 
 
 
 
 
 
 
 
 
Coord: 26.4E-3.5S 
August 10, 2021 
 
 
 
John Knudson 
Municipal Utility Director 
City of Chandler, Municipal Utilities Department 
Mail Stop 413, P.O. Box 4008 
Chandler, Arizona 85244 
 
RE:  SRP Well 26.4E-3.5S (Knox Well) 
        Design and Construction Agreement – REVISION #3 
 
Dear Mr. Knudson: 
 
Enclosed are two revised copies of the Design and Construction Agreement (“DCA”) for the 
above referenced project for your review and signature.  Revisions to the cost estimate were 
performed at your request to meet the requirements from Maricopa County.   
 
As previously stated, the design and construction process will begin upon receipt of a signed 
copy of the DCA.  The estimated cost of our service is $458,030.  However, upon project 
completion a final billing reconciliation will result in a bill for actual cost.   
 
The DCA includes Exhibit A and Exhibit B.  Exhibit A is included to identify the scope of 
work and list the activities and facilities which will be performed by SRP and by the City of 
Chandler.  Exhibit B is included to provide the list of activities by SRP and their estimated cost. 
 Items to be built by the City of Chandler will have no estimated dollar amount and are not 
included in this estimate.     
 
Payment will be due within 30 days of invoicing.  To initiate the project, sign this agreement 
authorizing SRP to bill the City of Chandler for the actual costs incurred.  Please return one 
signed copy of the DCA including Exhibits A and Exhibit B. to the attention of Andy Johnson, 
Manager Water Engineering Support, at the above address.  
 
We appreciate the opportunity to provide engineering and construction services for your 
project.  If you have any questions concerning the agreement please contact Rich Haas at 602-
236-5192 or email at richard.haas@srpnet.com.  All efforts will be made to work with you in a 
timely manner.

26.4E-3.5S Design and Construction Agreement.doc 
 
Sincerely, 
Robert Pane 
 
Bob Pane 
Director, Water Engineering and Transmission 
 
Enclosures 
 
cc:  Sharon Morris 
 
bc: Andy Johnson

26.4E-3.5S Design and Construction Agreement.doc 
 
DESIGN AND CONSTRUCTION AGREEMENT 
 
 
This Agreement for construction, modification or relocation of facilities (hereinafter AGREEMENT), is 
entered into by and between the Salt River Valley Water Users’ Association (hereinafter 
ASSOCIATION), and City of Chandler (hereinafter Customer). 
 
WHEREAS, Customer has deemed it necessary or desirable that ASSOCIATION accommodate certain 
development or other needs of Customer and recognizes that ASSOCIATION is best capable of 
providing such accommodation, AND; 
 
WHEREAS, ASSOCIATION is capable of providing such accommodation, using its own employees 
and equipment, unless otherwise provided herein. 
 
THEREFORE, in consideration of the matters described herein and of the mutual benefits and 
obligations set forth herein, ASSOCIATION and Customer agree as follows: 
 
1) ASSOCIATION shall perform the work and services more particularly described in the SCOPE 
OF WORK (EXHIBIT A), attached hereto, and by this reference incorporated herein. 
2) ASSOCIATION shall complete the work and services described in EXHIBIT A in a timely 
manner. In the event ASSOCIATION is delayed in completing the Scope of Work due to acts of 
God, fire, flood, labor disputes or any other factor beyond the reasonable control of 
ASSOCIATION, the time for completion shall be extended for a period of time commensurate 
with the delay so caused. 
3) ASSOCIATION shall maintain all relevant and applicable insurance coverage’s, through its self 
insurance program or supplementary contracts of insurance it deems necessary. 
4) ASSOCIATION shall at all times comply with laws applicable to performance hereunder, 
including acquisition of permits, licenses or other approvals. 
5) The estimated cost for completing the Scope of Work is $423,483, however, Customer shall 
reimburse ASSOCIATION for actual costs incurred in the performance and completion of the 
work and services described in EXHIBIT A. Payment to ASSOCIATION shall be in accordance 
with the terms incorporated herein. 
6) Neither ASSOCIATION nor Customer shall have the right to assign any rights or interest 
created herein. 
7) This AGREEMENT shall be governed in all respects by the laws of the state of Arizona. 
8) Customer shall indemnify and hold harmless ASSOCIATION from liability resulting from or 
arising out of ASSOCIATION’s performance hereunder, whether such liability is for property 
damage, personal injury or death, unless such liability is attributed to ASSOCIATION’s sole, 
exclusive negligence or willful action. Further, Customer shall release ASSOCIATION from 
any of its claims related to ASSOCIATION’s performance hereunder, unless such claim results 
from ASSOCIATION’s sole, exclusive negligence or willful action. 
9) In the event of termination of this AGREEMENT prior to the completion of the Scope of 
Services, Customer shall reimburse ASSOCIATION for the actual cost it incurred to the 
effective date of such termination, and, if completion of the Scope of Work is essential to 
restore ASSOCIATION’s ability to operate facilities affected by the unfinished Scope of Work, 
Customer shall reimburse ASSOCIATION in accordance with paragraph 5 herein. 
10) This AGREEMENT shall constitute the entire agreement between the parties hereto, and any 
prior or contemporaneous understanding or representation shall not be binding upon either party 
hereto.

26.4E-3.5S Design and Construction Agreement.doc 
In witness, each party has caused the execution of this Agreement by the undersigned, who is vested 
with authority to bind such party to the terms and conditions herein. 
SALT RIVER VALLEY WATER 
CUSTOMER: 
USERS’ ASSOCIATION: 
By:  Bob Pane 
 By:_____________________________ 
 (please print name) 
Signature:Robert Pane___________
Signature:___________________________ 
Date: August 10, 2021______________ 
Date:____________________________ 
APPROVED AS TO FORM:
____________________________
CITY ATTORNEY

26.4E-3.5S Design and Construction Agreement.doc 
 
EXHIBIT “A” 
 
Scope of work for Customer modification to ASSOCIATION well site  
 
ASSOCIATION will provide the following as part of this agreement: 
 
 
Electrical, Civil and SCADA design and drafting 
 
Install Customer conduits for wire and cable 
 
Relocate existing RTU 
 
Install wire and cable to chlorination enclosure j-box. 
 
Install a VFD 
 
Form and pour concrete pad for VFD 
 
Install 3 inch PVC conduit as raceway for chlorine discharge line 
 
Install schedule 80 PVC for all other chlorination lines  
 
Purchase, install, and insulate eyewash 
 
Install foundation and drywell for eyewash 
 
Build and install chlorination service entrance section 
 
Install Customer mercoids pressure switches, discharge pressure transmitter and 
water level transducer  
 
Install Customer discharge pipe with rising stem gate valve, limit switches, 
production mag meter, check valve, production and waste MDV 
 
Modify Customers discharge pipe to be DIP 
 
Remove all connections to Customer discharge pipe and reinstall 
 
Add pipe supports as needed after modification.  
 
 
Customer will provide the following as part of this agreement: 
 
 
Supply and install chlorination enclosure and equipment 
 
Make all connections to discharge pipe for chlorination 
 
Install all hole penetrations in chlorination enclosure for all conduits 
 
Terminate all wires and cables into chlorination enclosure 
 
Install a residential water line inside the Association property for eyewash and 
CL2 building 
 
Work with Association at startup 
 
Customer to pressure test all the customers discharge pipe 
 
Customer to do all disinfection as needed 
 
Customer to make final tie to their system from the street

26.4E-3.5S Design and Construction Agreement.doc 
 
 
 
 
 
 
EXHIBIT “B”