Extracted text (via pymupdf)
111351 characters
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 1
Project No.: WA2501.201
Rev. 1/12/2024
PROFESSIONAL SERVICES AGREEMENT
Design Services
Pecos Surface Water Treatment Plant Large Conference Room
Project No. WA2501.201
Council Date: March 27, 2025
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2025
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and Dick & Fritsche Design Group, Inc., an Arizona 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 Large Conference Room 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 enter into an Agreement 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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 2
Project No.: WA2501.201
Rev. 1/12/2024
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 365
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 $120,375 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:
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 3
Project No.: WA2501.201
Rev. 1/12/2024
To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Daniel Haskins, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.Haskins@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Ivan Magana, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3362 Email: Ivan.Magana@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Dick & Fritsche Design Group, Inc.
Mailing Address: 4545 E. McKinley Street, Phoenix, AZ 85008
Physical Address: 4545 E. McKinley Street, Phoenix, AZ 85008
Statutory Agent Name: Buchalter (Steven Fox)
Statutory Agent Mailing Address:
15279 N. Scottsdale Road, Suite 400
Scottsdale, AZ 85254-2659
Statutory Agent Physical Address:
15279 N. Scottsdale Road, Suite 400
Scottsdale, AZ 85254-2659
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Chad Billings
Title:
Vice President
Phone: 602-954-9060
Email:
cbillings@dfdg.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 Agreement 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 Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
the appropriate federal agency, has access to the subconsultants’ records to verify the
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 4
Project No.: WA2501.201
Rev. 1/12/2024
accuracy of all cost and pricing data. City reserves the right to decrease Agreement 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 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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 5
Project No.: WA2501.201
Rev. 1/12/2024
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 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
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 6
Project No.: WA2501.201
Rev. 1/12/2024
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.
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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 7
Project No.: WA2501.201
Rev. 1/12/2024
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 an Agreement
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 an
Agreement 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 Agreement 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.
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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 8
Project No.: WA2501.201
Rev. 1/12/2024
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, or any other
information to which Consultant or its subconsultants became privy as a result of any other
Agreement 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
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 9
Project No.: WA2501.201
Rev. 1/12/2024
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
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
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 10
Project No.: WA2501.201
Rev. 1/12/2024
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 – Subconsultant Documents with Consultant (if applicable)
Exhibit F - Federal Requirements (if applicable)
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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 11
Project No.: WA2501.201
Rev. 1/12/2024
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.
5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.45 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
Agreement. This license also includes the making of derivative works.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page 12
Project No.: WA2501.201
Rev. 1/12/2024
This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“CITY” CITY OF CHANDLER
MAYOR
RECOMMENDED BY:
Daniel Haskins, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
DICK & FRITSCHE DESIGN GROUP, INC.
Signature
Date
Print Name
Title
Signer Email Address
2/25/2025
Chad Billings
Vice President
cbillings@dfdg.com
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page A-1
Project No.: WA2501.201
Rev. 1/12/2024
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
11.18.2024
1
EXHIBIT “A” SCOPE OF SERVICES/SCHEDULE
1. PROJECT DESCRIPTION & SCOPE OF CONSTRUCTION:
1.1
Consultant will provide services for the design for the development of
for the Pecos SWTP, located at the yard at 1475 East Pecos Road, Chandler, Arizona, all as more specifically
described herein below.
1.2
The facility design includes: Approximately 1,000 SF
storage room. Other associated functions such as restrooms and other support spaces are assumed to be
existing to remain outside of the scope. The exterior improvements include a new building addition to
generally match the existing facility.
1.3
The project design, construction, furnishing and equipping budget is not defined and will be established by
the Consultant’s cost estimator.
1.4
Consultant will provide all design services for the Project including, but not limited to architectural, structural,
mechanical, plumbing and electrical engineering and cost estimating services in accordance with applicable
building codes and Chandler UDM.
1.5
Site landscape design work is limited to architectural notes as needed to return area adjacent to new addition
to existing conditions. Geotechnical engineering report will be provided.
2. ASSIGNMENT:
2.1
The design Agreement has been awarded to an architect based on their proposed personnel and specified
consultants. Any deviations or substitutions of these team members must be pre-approved in writing by City.
Those persons listed in Exhibit B will perform those portions of the work listed therein.
3. PROJECT SCHEDULE:
3.1
Consultant must perform the services within the times set forth in the Production Schedule included herein
and made a part hereof by reference.
3.2
Consultant must adhere to the Production Schedule described herein and such schedule may not be modified
or deviated from without written consent of City. Consultant must revise and submit for review an updated
schedule whenever it is demonstrated that the time for completion of the Project Design or of any of the
partial completion points listed in the schedule is delayed by two weeks or more. Such adjusted schedule will
include a written explanation stating the reasons for the change and a plan for getting back on schedule.
Consultant must take all reasonable actions necessary to get the project back on schedule and City will
cooperate to assist Consultant.
a large conference & training room
room, a dedicated IT room, unisex restroom and a
11.18.2024
2
3.3
Final deliverables to be delivered in approximately 30 weeks. This includes an SD phase of four (4) weeks
followed by a two (2) week owner review. DD will take six (6) weeks followed by a two (2) week owner
review. 90% CD will take six (6) weeks followed by a two (2) week owner review. CD will take two (2) weeks
followed by a submittal to the City’s AHJ for plan review. Plan review is expected to take six (6) weeks.
4. QUALITY CONTROL:
4.1
Consultant must institute and comply with the Design Quality Control Plan attached hereto and made a part
hereof by reference.
4.2
As a part of the project design Consultant will develop a quality control plan for the entire construction
phase. This Quality Control Plan will establish what elements should and must be seen by each consultant
during construction.
5. PRELIMINARY RESEARCH:
5.1
Conduct initial site observation. Site investigation includes topographic survey.
6. UTILITY/AGENCY COORDINATION:
6.1
Project is assumed to connect to existing building utilities and coordination with utility agencies will not be
required.
7. GEOTHECHNICAL INVESTIGATION:
7.1
Consultant must perform all soil and pavement borings necessary to complete their work. This is provided by
an Allowance assuming not more than one boring will be required.
7.2
Sub-surface soil conditions, established by the geotechnical investigations, must be incorporated into the bid
documents in a manner usable to the excavation and foundation bidding and construction.
8. PROGRAMMING:
8.1
City staff has defined the requirements of the Project. The scope includes 1,000 SF EOC room, a dedicated IT
room, unisex restroom and a storage room. Ancillary support spaces like a lobby, egress, restrooms and other
similar needs will be provided within the existing facility.
8.2
No additional work is included in the Programming Phase.
9. SCHEMATIC DESIGN (30% Document Review):
9.1
When the design is approximately thirty percent complete, Consultant must do the following:
a. Present initial schemes to City and its representatives (to potentially include a contractor). Staff will
collaborate with designers to manipulate the plans and mutually decide on the best scheme.
b. The final scheme must incorporate City’s comments (and potentially a contractors’ comments) and be cleaned
up for reference and presentation to City Council if requested.
c. Prepare vertical sections across the site and through the building.
d. Prepare single line elevation drawing(s) and a perspective sketch of the exterior.
e. Submit the project to City for a Development Standards review.
11.18.2024
3
10. DESIGN DEVELOPMENT (60% Documents):
10.1
Based on the approved Schematic Design Documents and any adjustments authorized by City in the program,
schedule or construction budget, Consultant must prepare, for approval by City, Design Development
Documents consisting of drawings and other documents to fix and describe the size and character of the
Project as to architectural, structural, mechanical and electrical systems, materials and such other elements
as may be appropriate. When the design is approximately sixty percent (60%) complete, Consultant must do
the following:
a. Allow and invite the Owner’s Representative to attend the regular weekly design coordination meetings.
b. Develop a site plan. Design must utilize established City of Chandler benchmarks and reference locations of
benchmarks on the plans.
c. Collaborate with City to define their requirements for building systems.
d. Create an outline specification.
e. Prepare plans, elevations, sections, schedules and notes as required to fix and describe the project as to civil,
architectural, structural, mechanical, electrical, and special systems.
f.
Perform code reviews and implement requirements into the design documents.
g. Consultant is required to review and complete the City's Constructability Review Checklist. All applicable
checklist items are required to be incorporated in the design documents.
h. Value Engineer the design cooperatively with the entire design team and City’s representatives. This effort will
occur as early as effectively possible and consist of a focused meeting addressing: relationships of
components, construction materials, and building systems.
i.
Conduct a full document set (plans & specs) review in the presence of all consultants and City’s representatives
and any other stakeholders.
j.
Submit to City’s Project Manager for comment complete drawing set, specifications, drainage & structural
calculations in digital PDF format.
k. Schedule review meeting with plan check staff to discuss review comments. Clarify with the plan check staff
what the design challenges are and decide the method in which they will be resolved.
11. CONSTRUCTION DOCUMENTS (90% Documents):
11.1
Based on the approved Design Development Documents and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by City, Consultant must prepare, for approval by City,
Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for
the construction of the Project. When the design is approximately ninety percent (90%) complete Consultant
must do the following:
a. Prepare plans, elevations, sections, schedules, notes and specifications as required to be able to bid and construct
the project in its entirety.
b. Provide City of Chandler with a copy of the AutoCAD files. Consultant works in Revit software, so AutoCAD
standards are limited to the version created during the export process.
c. Conduct a full document set (plans & Specs) review in the presence of all consultants and City’s representatives.
d. Provide document coordination of work performed by separate contractors or by City’s own forces (i.e.: systems
furniture or exercise equipment provisions & installation, etc.).
e. Prepare a construction cost estimate for verification with the budget.
f.
Prepare bid alternates as necessary to assure budget can be met.
11.18.2024
4
g. Submit to City’s Project Manager for comment complete drawing set, specifications, drainage & structural
calculations in digital PDF format. Include original redline drawings and comments received from previous review
along with a review summary indicating action taken.
12. BID & AWARD (100% Documents):
12.1
Submit bid documents to Development Services for building permit. All plans, calculations and specifications
will be stamped. The specifications will be 8-1/2” x 11” and in electronic format. Plans will be black line digital
PDF format. Include original redline drawings and comments received from previous review along with a
review summary indicating action taken.
12.2
Pick-up plan review comments and resubmit as required to Development Services for approval. After
approval, prepare final documents for distribution.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page B-1
Project No.: WA2501.201
Rev. 1/12/2024
EXHIBIT “B”
COMPENSATION AND FEES
602.954.9060
4545 E. McKinley St. Phoenix, AZ 85008
dfdg.com
EXHIBIT “B” LUMP SUM COST
TASK DESCRIPTION
SUBTOTAL
Task 1.0 Project Description
$ 0.00
Task 2.0 Assignment
$ 0.00
Task 3.0 Project Schedule
$ 825.00
Production Schedule
$ 825.00
Task 4.0 Quality Control
$ 2,610.00
Quality Control Plan
$ 2,610.00
Task 5.0 Preliminary Research
$ 3,060.00
Perform Document Search and Research
$ 810.00
Investigate Existing Conditions
$ 1,250.00
Sub
Structural Site Visit
$ 1,000.00
Task 6.0 Utility/Agency Coordination
$ 0.00
Task 7.0 Geotechnical Investigation
$ 4,700.00
Sub
Geotech Report
$ 4,700.00
Task 8.0 Programming
$ 0.00
Task 9.0 Schematic Design (30%)
$ 22,100.00
Prepare 30% SD Documents
$ 14,680.00
CofC Review/Meeting/Site Visit
$ 1,620.00
Sub
Structural Engineering
$ 1,800.00
Sub
MPE Engineering
$ 4,000.00
Task 10.0 Design Development (60%)
$ 27,960.00
Prepare 60% DD Documents
$ 18,160.00
CofC Review/Meeting/Site Visit
$ 1,800.00
Sub
Structural Engineering
$ 2,000.00
Sub
MPE Engineering
$ 6,000.00
11.18.2024
2
Task 11.0 Construction Documents (90% Documents)
$ 35,770.00
Prepare 90% Plans & Draft Tech Specs
$ 17,130.00
CofC Review/Meeting/Site Visit
$ 1,140.00
Sub
Cost Estimating
$ 8,500.00
Sub
Structural Engineering
$ 1,500.00
Sub
MPE Engineering
$ 7,500.00
Task 12.0 BID & AWARD (100% Documents)
$ 8,850.00
Prepare 100% Plans & Final Tech Specs
$ 4,550.00
Permit submittal and Corrections
$ 2,470.00
Coordinate & Issue Bid Documents
$ 330.00
Sub
Structural Engineering
$ 500.00
Sub
MPE Engineering
$ 1000.00
ALLOWANCES
$ 14,500.00
Allowance for Printing Expenses at Direct Cost
$ 1,000.00
A/V Design
$ 3,500.00
Owner Allowance
$ 10,000.00
TOTAL COST:
$ 120,375.00
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page C-1
Project No.: WA2501.201
Rev. 1/12/2024
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 Agreement 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
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page C-2
Project No.: WA2501.201
Rev. 1/12/2024
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.
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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page C-3
Project No.: WA2501.201
Rev. 1/12/2024
3.1.5. The policies must contain a severability of interest clause and waiver of subrogation
against City, its officers, officials, agents, and employees, for losses arising from Work
performed by Consultant for City. (Does not apply to Professional Liability coverage.)
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.
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 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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page D-1
Project No.: WA2501.201
Rev. 1/12/2024
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.
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.
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
E-1
Project No.: WA2501.201
Rev. 1/12/2024
EXHIBIT “E”
SUBCONSULTANT DOCUMENTS WITH CONSULTANT
Any subconsultant assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the Consultant and their
subconsultants, and do not apply to the Agreement between the Consultant and
the City.
Schematic Design Phase
$1,800
Design Development Phase
$2,000
Construction Document Phase
$2,000
Bidding or Negotiation Phase
$0
Construction Phase
NIC
Principal
$234.00
Senior Project Manager/Senior Engineer Manager
$234.00
Project Manager II/Senior Project Engineer II
$203.00
Project Manager I/Senior Project Engineer I
$171.00
Project Engineer
$150.00
Design Engineer II
$133.00
Design Engineer I
$123.00
BIM Manager
$164.00
Designer
$164.00
Senior Modeler
$150.00
Modeler II
$141.00
Modeler I
$112.00
Co-Op
$75.00
October 21, 2024
DFDG Architecture
4545 E McKinley St.
Phoenix, AZ 85008
Attn:
Chad Billings, AIA, LEED-AP
Re:
Chandler SWTP EOC Addition
LSW Proposal No. PR2024-213
Mr. Billings:
We are pleased to offer our engineering services for new addition at the present Chandler SWTP facility
located at 1475 E Pecos Rd. in Chandler, Arizona.
PROJECT UNDERSTANDING
This project is understood to be a new 1,500 to 2,000 square foot single story addition to the existing
building. The space will consist of a meeting place, restroom, Telecommunication Room, storage space.
The space will have a media wall with video switching, floor box(es) for multi-use furniture
configurations, general receptacles to support the space needs, LED lighting fixtures with control
system, and TR room with a minimum of (2) 2-post racks. The electrical distribution to the new addition
will be an extension of the existing building system to a new Uninterrupted Power Supply (UPS), if
feasible and new electrical loads permits, the existing building UPS might be used. The project delivery
system is understood to be Design-Bid-Build.
Our mechanical, plumbing, electrical and technology engineering services for this project will consist of
the following. Services not indicated below are considered outside of our basic scope and will be
provided upon request as an additional service.
It is our understanding that the design of this project will include deliverables as defined below. The
design duration for this project follows your schedule, with the anticipation duration of 12 weeks.
Schematic Design
1.
Provide basic schematic level design drawing showing the engineering systems intended for this
project.
2.
Provide a written narrative describing the engineering systems intended for this project.
3.
Assist the architectural design team with the engineering systems space requirements in the
development of the schematic building floor plan.
4.
Show the main engineering systems equipment locations and sizes. Equipment weights will be
shown as needed for the Structural Engineer. The drawings will also include the following:
DFDG Architecture
LSW Proposal No. PR2024-213
October 21, 2024
Page 2
a.
Routing of mechanical duct mains.
b.
Mechanical zoning layout and thermostat locations for review.
c.
Routing of main plumbing utilities and invert elevations as needed for the Civil Engineer.
5.
Provide engineering systems equipment cut sheets for review.
95% Construction Documents
1.
Completion of the engineering design drawings.
2.
Completion of the engineering specifications.
100% Construction Documents
1.
Finalizing the design drawings and specifications addressing the Plan Review and Owner
comments.
SCOPE OF WORK
Mechanical
The mechanical scope for this project is anticipated to include:
1.
Complete heating, cooling, and ventilation load calculations.
2.
Design of packaged DX heating and cooling unitary equipment, and all associated ductwork, air
distribution, condensate piping, and controls.
3.
Design of restroom exhaust systems, and all associated ductwork, exhaust inlets, and controls.
Plumbing
The plumbing scope for this project is anticipated to include:
1.
Selection of plumbing fixtures as located on the Architectural plans and the sizing and routing of
the associated domestic cold/hot water and the waste and vent piping for these fixtures to 5'-0"
beyond the building perimeter. Our design includes connection to the existing pipe mains. It is
assumed that the existing plumbing utilities are adequate for this project and design to replace
these utilities is not assumed as part of the scope of this project.
2.
Sizing and selection of the domestic water heater system.
3.
Sizing and routing of the roof primary drains, overflow drains and associated drain piping to
5'-0" beyond the building perimeter. The roof plan and locations of the roof primary/overflow
drains are provided by your office.
DFDG Architecture
LSW Proposal No. PR2024-213
October 21, 2024
Page 3
Electrical
The electrical scope for this project is anticipated to include:
1.
Design of the electrical power distribution for this project, including connection to the
equipment, receptacles, lighting, and Owner equipment. Our design includes connection to the
existing power distribution system within this facility. It is assumed that the existing power
distribution system is adequate for this project and design to increase the capacity, modify or
replace this system is not assumed as part of the scope of this project.
2.
General Lighting: Our design includes selection of lighting fixtures, locating the lighting fixtures
and the associated switching/control of the lighting systems.
3.
Lighting system illumination and energy compliance calculations for lighting fixtures selected by
LSW are included if required by the local jurisdiction.
4.
Standby Power Systems: Our design includes connections to the existing generator and
distribution system. It is assumed that the existing generator and distribution system is
adequate for this project and design to modify and/or replace this system is not assumed as part
of the scope of this project.
5.
For the purpose of justifying load additions to existing electrical infrastructure, existing electrical
loads will be established from existing record drawings and our site investigation. If adequate
records and documentation are not available, 30-day maximum demand load readings may be
required (which are not included).
Technology Systems
The technology scope for this project is anticipated to include:
1.
Passive Network Cabling: Our design service includes cabling system design from outlet
locations to the Telecommunications Room (TR), cable support and pathway system, and
outside plant fiber-optic and multiple pair copper cabling. It is our understanding that the City
will contract with their telecommunication cabling contractor.
2.
Buildout of the MER/TR Rooms: Our design includes room/rack layout, cable support and
pathway system, telecommunication grounding, and passive component rack layouts.
3.
Audio Visual design to be provided as an additional service. Audio visual design to consist of a
2x3 60” video wall with media sources from a main desk computer and wireless access from any
of the multiple users in the space. Design to be based around Crestron solution unless directed
otherwise from Owner.
DFDG Architecture
LSW Proposal No. PR2024-213
October 21, 2024
Page 4
Fire Sprinkler
The fire sprinkler scope for this project is anticipated to include:
1.
Performance based specification addressing the fire sprinkler system design for bidding
purposes. The installation drawings (including detailed piping drawings and calculations) will be
a deferred submittal by the Fire Sprinkler Contractor.
Fire Alarm
The fire alarm scope for this project is anticipated to include:
1.
Performance based specification addressing the fire alarm system design for bidding purposes.
The installation drawings (including detailed wiring diagrams, load calculations, voltage drop
calculations, etc.) will be submittal by the Fire Alarm Contractor
GENERAL
Our scope will include the following general engineering services for the project:
1.
Site investigation to observe the systems associated with this project (site investigation is
limited to accessible areas only).
2.
Attend up to (3) 1-hour design team meetings and (2) 1-hour Owner meetings during the design
phase of this project. Meetings are anticipated to be held both virtually and in-person.
3.
Design using Revit. Our Revit design includes transmittal of our model on a bi-weekly basis. It is
anticipated that we will receive a “frozen” architectural model background 7 days before each
milestone deliverable.
4.
Provide one set of drawings in electronic portable document format (PDF) at each intermediate
deliverable.
5.
Provide one final set of signed and sealed drawings in electronic portable document format
(PDF) at the completion of design.
6.
Provide one final set of signed and sealed specifications in electronic portable document format
(PDF) at the completion of design.
PROFESSIONAL FEE
Our fee for the work outlined above is a lump sum amount as follows:
Construction Documents
$18,500.
Audio/Visual Design
3,500.
----------
Total
$22,000.
DFDG Architecture
LSW Proposal No. PR2024-213
October 21, 2024
Page 5
NOTE: This fee includes all travel expenses incurred within the metropolitan Phoenix area. Travel
outside the metropolitan Phoenix area will be billed as a reimbursable expense, including, but not
limited to, travel, rentals, meals, lodging, and reasonable incidental expenses.
This fee does not include plotting or printing of sets of our drawings or other discipline’s drawings for
interprofessional coordination or distribution.
This fee is quoted on a lump sum basis. The breakdown of the fee into phases or tasks is for your
convenience. The fee will be billed 100% at the end of the project, unless the scope of the project is
changed by written agreement.
CLIENT SERVICES
Services requested of the Client and/or Owner include the following:
1.
Provide the following as required to assist us in the site investigation of existing conditions:
facility access and an escort, ladders or other means to access overhead systems and
equipment, and authorization for the use of cameras.
2.
Provide copies of the existing construction documents.
3.
Provide access to the building maintenance staff to answer questions.
4.
Provide a project title block and updated background files in a timely manner to meet the
established project deliverables.
5.
Distribute meeting agendas before each meeting in order for us to assign appropriate staff to
the meeting; and promptly distribute meeting minutes after each meeting.
6.
Provide the following building and Owner information:
a.
Building Occupancy Classification.
b.
Building Construction Type.
c.
Building Hazard Classification.
d.
Building Seismic and Risk Category.
e.
Owner’s Fire Suppression Insurance Requirements.
7.
Provide a PDF set of the drawings at each established deliverable.
EXCLUSIONS
1.
Cost estimating.
2.
Meetings or virtual meetings beyond those listed.
3.
Electrical demand load readings.
DFDG Architecture
LSW Proposal No. PR2024-213
October 21, 2024
Page 6
4.
All work associated with LEED certification of the project.
5.
Building Information Modeling (BIM) beyond an LOD-200 or clash-free modeling including
COBie, Uniformat, MasterFormat, OmniClass, etc., input data.
6.
Building energy consumption calculations or modeling.
7.
Documenting energy code compliance of the building envelope or other systems not in our
scope of services described above.
8.
All support or coordination work associated with an construction administration service.
9.
Value engineering services or changes after completion of the associated design development
documents.
10.
Any design services caused by scope changes.
11.
Preparation of the electrical coordination or power system study.
12.
Work in relation to the delinquency or insolvency of the Contractor(s).
ADDITIONAL SERVICES
Additional services will be performed on an hourly basis at our standard billing rates or a separate fixed
fee contract as determined by your firm. Our current rate structure is shown below for your reference.
Hourly contracted work will be invoiced based on our rates in effect at the time of such requests.
2024:
Principal
$230./ hour
Senior Engineer
$205./ hour
Senior Project Manager
$195./ hour
Project Manager
$175./ hour
Engineer
$160./ hour
Senior Designer
$140./ hour
Field Observer
$130./ hour
Designer
$120./ hour
CAD Operator
$90./ hour
Administrative
$80./ hour
Outside Services
Our cost
DFDG Architecture
LSW Proposal No. PR2024-213
October 21, 2024
Page 7
This proposal is effective for not more than 30 days.
LSW accepts the AIA C401 contract and requests that you prepare this document reflecting the terms
and conditions of this proposal for our mutual execution prior to our beginning work.
We appreciate this opportunity and look forward to working with your firm on this project.
Regards,
LSW ENGINEERS ARIZONA, INC.
Gerald E Katafiasz, P.E., RCDD
Vice President
GK:mw
Please indicate your acceptance of this proposal by signing and returning one copy of this letter for our
files.
APPROVED:
DATE:
YOUR PROJECT / REFERENCE NO.:
https://lswphxcom.sharepoint.com/sites/Marketing/Shared Documents/PROPOSAL/2024/PR2024-213 - City of Chandler Water Treatment
Plant - DEOC Addition - RFQ Narrative/PR2024-213 Chandler SWTP EOC Proposal a.docx
Project Management | Construction Cost Management
15169 N Scottsdale Rd
Scottsdale, AZ
AZ 85254
Mobile 480 868 6326
www.tbdconsultants.com
November 07, 2024
Chad Billings, AIA, LEED-AP BD+C. WELL AP.
Principal.
DFDG
4545 E McKinley ST
Phoenix
Arizona 85008
Re: Chandler SWTP EOC & Office Training Space Renovation – Construction Documents
(CD) Estimate.
Fee Proposal for Cost Consulting Service – Rev 1.
Dear Chad,
We are pleased to offer Cost Consulting services for the above project.
SWTP intends to renovate the 1st floor area into an EOC and Office / training space. The scope of
the work is approx. 1,200 SF.
Project Location
1475 E Pecos Road
Chandler
Arizona 85286
Scope of Services
TBD fee proposal is based on providing cost estimating service to DFDG.
1) Preconstruction services will include construction documents (CD) estimate.
a. Estimate revisions and meeting time have been included in TBD fee.
Project Management | Construction Cost Management
SWTP 1st Floor EOC & Office TI.
TBD Fee Proposal R1.
11/07/24
Fees
We propose to provide the above services based on a Not-To-Exceed Fee Basis:
Cost Services Fee:
CD Estimate + 1 revision ……………………………………… …
$ 8,500.00
Client / PM & Cost Meetings………….…………….………… …
Incl Above
Sub-Total ………………………
$ 8,500.00
Reimbursement Fee:
Reimbursed expenses ……………………………………..……………….Excluded
Total ……………………….…..
$ 8,500.00
The not-to-exceed fee is based upon a blended hour billable rate of $175/Hr.
The fees include expenses incurred in the preparation of any required documentation or reports.
Our fees exclude travel costs. No anticipation of any travel is expected.
TBD cost estimating positional fee breakdown (Arizona only):
Cost Estimator:
$150/Hr.
Senior Cost Estimator:
$175/Hr.
Associate Principal:
$190/Hr.
Principal:
$210/Hr.
Notable Exclusions:
The following items are excluded from the scope in this fee proposal:
-
Reconciliation with estimates by others.
-
Reviewing subcontractor bids.
-
Post design phase.
Project Management | Construction Cost Management
SWTP 1st Floor EOC & Office TI.
TBD Fee Proposal R1.
11/07/24
Payment and Terms
We will issue a monthly invoice. Payment due thirty (30) calendar days after date of invoice.
Our proposal remains open for a period of thirty (30) days. After this time, we will be pleased to
review the proposal, make any required amendments, and re-submit for your review and approval.
Work will be completed under the direction of Patrick Templeton.
We trust that we have interpreted your requirements correctly, if you have any questions or
suggested amendments, please do not hesitate to contact the undersigned. If you would like to
proceed with the above services, please complete and return the authorization below.
We look forward to working with you on this project.
On behalf of TBD Consultants
On behalf of DFDG.
_______________________________
Accepted by: _______________________
Patrick Templeton
Senior Cost Consultant
Printed Name: _______________________
Title:
_______________________
Date:
_______________________
pp
3331 East Wood Street ■ Phoenix, AZ 85040 ■ Phone 602-997-6391 ■ Fax 602-943-5508 ■ www.speedie.net
PHOENIX
TUCSON
FLAGSTAFF
November 8, 2024
Chad Billings
DFDG Architecture
4545 East McKinley Street
Phoenix, AZ 85008
RE:
Proposal for Geotechnical Investigation
Chandler SWTP EOC Addition
1475 East Pecos Road
Chandler, AZ
Proposal No. 89695 S
Mr. Billings:
Speedie & Associates are pleased to provide our cost proposal to conduct a soil investigation at the above referenced
site that will satisfy site development, pavement and foundation design requirements. All work on this project will
be carried out under the overall supervision of a registered Professional Engineer in the state of Arizona.
We understand that construction will consist of a 1,500 square foot building addition at the water treatment facility.
The addition will be single story with slab on grade and masonry construction. Structural loads are expected to be
light to moderate and no special considerations regarding settlement tolerances are known at this time. Adjacent
areas will be landscaped or paved to support light to moderate passenger and truck traffic. Landscaped areas will
be utilized for storm water retention and disposal.
Geotechnical Investigation-We will drill and sample sufficient test borings to adequately determine subsoil
conditions and provide samples for laboratory testing. Sufficient laboratory tests will be conducted to properly
classify the soils encountered and provide data for engineering design. Due to the existing concrete pavement, we
will have to core the concrete in order to drill at some of the locations. We presently anticipate drilling two (2)
structural borings to the depths of 10 to 20 feet below ground surface or auger refusal, whichever comes first. Access
to the site by conventional truck-mounted drilling equipment is assumed to be free and unencumbered.
Infiltration Tests-An add-alternate is provided to excavate and conduct shallow infiltration tests meeting Chandler
requirements. They now requires dual ring infiltration tests per ASTM D3385 be conducted, same as Maricopa
County. This method requires a backhoe to excavate test pits, installation of large ring devices and a minimum of 6
hours of continuous readings. Due to these requirements, only two tests at a time can be conducted by one person.
Tests would be conducted at the proposed depths of the retention basins per the Grading & Drainage plan (by
others).
We will mark the proposed boring/test pit locations in the field with the locations to be approved by the client and
owner. Speedie & Associates will take reasonable precautions to avoid damage to subterranean structures, pipelines
and utilities including notifying AZ811 (Blue Stake), subcontracting a private utility locator and reviewing all as-
built utility plans provided by the client. The client (and owner) agree Speedie & Associates is not responsible
for any damages to underground structures, pipelines and utilities that are not traceable, not called to our
attention and/or correctly shown on the plans furnished to Speedie & Associates.
pp
DFDG Architecture
Proposal No. 89695 S
Chandler SWTP EOC Addition
November 8, 2024, 2024 - Page 2
We will analyze the data obtained from field and laboratory testing and prepare a report presenting all data obtained,
together with our conclusions and recommendations regarding:
1. Design data, allowable bearing pressure and depth, for shallow spread footings.
2. Alternate foundation systems and design data, if indicated by soil conditions.
3. Settlement estimate for the foundation system.
4. Lateral pressures on temporary and permanent retaining and foundation walls.
5. Seismic Site Classification based on borings and published ground motion data.
6. Groundwater conditions, if any, to the depths which will influence design and/or construction of the
proposed development.
7. Swell potential of in-situ and compacted soils and recommendations for control if highly expansive.
8. Pavement design to provide economy and adequate service.
9. Suitability of site soils for use as compacted fill and preferred earthwork methods, including clearing,
stripping, excavation and construction of engineered fill.
10. Local excavation and trenching conditions and stability considerations.
11. Add-Alternate: Infiltration tests for storm water retention basin design.
Charges for our services have been determined on the basis of our standard Fee and Rate Schedule, a copy of which
is attached and made a part hereof for any additional design work requested. We propose to provide the design
services set forth herein for the following lump sum amounts, which includes all testing, engineering, reimbursable
expenses and an electronic pdf format file of the report emailed upon completion. Should we be informed that hard
copies of the report are needed, there will be an additional charge of $50.00 per report.
Description
Fee
Geotechnical Investigation & Report
$ 4,700.00
Accept Decline
Add-Alternate: Percolation Tests
$ 2,600.00 First Test1
$ 800.00 Additional Tests2
Accept # ___ Decline
Notes: 1 The first test incorporates the cost of the backhoe service.
2 Conducted on the same mobilization as the initial percolation test.
We have the staff available to begin work immediately upon notice to proceed. Currently about 10 working days
are required to mark, obtain utility clearances and begin auger borings. Fieldwork for auger borings should take one
day (access and weather permitting). Lab testing will require about 3 weeks. We can provide preliminary
information a few days after drilling the site. The complete report will be issued within ten days of lab testing
completion. This schedule is subject to change depending on the workload when Notice to Proceed is received.
As always, we stand ready to make reasonable adjustments to this schedule to meet our clients' needs.
We appreciate the opportunity to submit this proposal for your consideration. If the terms set forth are satisfactory,
please fill out the information on the last page of the Terms and Condition, sign and return it for our records or
attach to your standard contract for engineering services.
Respectfully submitted,
SPEEDIE & ASSOCIATES
Kenneth M. Euge II
Geotech Field Manager
Page 1 of 1
Initials ______
Revised 6/13/24
Initials ______
ENGINEERING SERVICES
2024 Fee and Rate Schedule
Fees for services will be based upon the time worked on the project at the following rates:
Title
Rate Per Hour
Principal
$ 180.00
Project Manager
140.00
Sr. Geologist/Engineer
140.00
Special Inspector (Architectural)
120.00
Project Engineer/Geologist
120.00
Environmental Specialist
100.00
Special Inspector (Structural/Geotechnical)
100.00
Staff Engineer/Geologist
100.00
Sr. Engineering Technician
80.00
Draftsman
75.00
Materials Testing Technician
70.00
Clerical/Administrative
60.00
REIMBURSABLE EXPENSES
Light Truck Mileage Rate: $0.67 per mile
The following items are reimbursable to the extent of actual expenses plus 25%:
1. Transportation, lodging and subsistence for out of town travel
2. Special mailings and shipping charges
3. Special materials and equipment unique to the project
4. Duplication or reprinting/copying reports
TEST BORINGS AND FIELD INVESTIGATIONS
On projects requiring test borings, test pits, or other explorations, the services of reputable contractors to perform
such work shall be obtained.
SUBCONTRACTORS/SUBCONSULTANTS CHARGES
Any charges for subcontractors/subconsultants are subject to a 25% handling fee if invoiced by Speedie & Associates
or such charges can be directly paid by the CLIENT.
SPECIAL RATES
The following rates may be subject to a 35% increase:
Overtime – time over 8 hours per weekday and on Saturday
Sunday and Holidays
Rush orders
MINIMUM CHARGES
A three-hour minimum is charged for field testing and inspection services.
EXPERT WITNESS
Deposition and testimony; 4-hour minimum, $250.00 per hour.
The following Terms and Conditions are included and hereto made a part of this agreement.
General Conditions – (v3 06132024)
Page 1
GENERAL CONDITIONS
SECTION 1: RESPONSIBILITIES
1.1 SPEEDIE & ASSOCIATES, LLC a UES Company (S&A/UES) is responsible for providing the services described under the
Scope of Services.
1.2 The Client is responsible for providing S&A/UES with a clear understanding of the project’s nature and scope. The
Client shall supply S&A/UES with sufficient and adequate information, including, but not limited to, maps, site plans,
reports, surveys, plans and specifications, and designs, to allow S&A/UES to properly complete the specified services. The
Client shall also communicate changes in the nature and scope of the project as soon as possible during performance of
the work so that the changes can be incorporated into the work product.
1.3 The Client acknowledges that S&A/UES’s responsibilities in providing the services described under the Scope of
Services section is limited to those services described therein, and the Client hereby assumes any collateral or affiliated
duties necessitated by or for those services. Such duties may include, but are not limited to, reporting requirements
imposed by any third party such as federal, state, or local entities, the provision of any required notices to any third party,
or the securing of necessary permits or permissions from any third parties required for S&A/UES’s provision of the services
so described, unless otherwise agreed upon by both parties in writing.
SECTION 2: STANDARD OF CARE
2.1 Services performed by S&A/UES under this Agreement will be conducted in a manner consistent with the level of
care and skill ordinarily exercised by members of S&A/UES's profession practicing contemporaneously under similar
conditions in the locality of the project. No other warranty, express or implied, is made by S&A/UES hereunder.
2.2 Execution and delivery of this Agreement by S&A/UES is not a representation that S&A/UES has visited the site,
become generally familiar with local conditions under which the work is to be performed, or correlated personal
observations with the requirements of the Scope of Services. It is the Client’s responsibility to provide S&A/UES with all
information necessary for S&A/UES to provide the services described under the Scope of Services, and the Client assumes
all liability for information not provided to S&A/UES that may affect the quality or sufficiency of the services so described.
SECTION 3: SITE ACCESS AND SITE CONDITIONS
3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for S&A/UES to perform
the work set forth in this Agreement. The Client will notify any possessors of the project site that Client has granted
S&A/UES free access to the site. S&A/UES will take reasonable precautions to minimize damage to the site, but it is
understood by Client that, in the normal course of work, some damage may occur, and the correction of such damage is
not part of this Agreement unless so specified in the Scope of Services.
3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. S&A/UES will take
reasonable precautions to avoid known subterranean structures, and the Client waives any claim against S&A/UES, and
agrees to defend, indemnify, and hold S&A/UES harmless from any claim or liability for injury or loss, including costs of
defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition,
Client agrees to compensate S&A/UES for any time spent or expenses incurred by S&A/UES in defense of any such claim
with compensation to be based upon S&A/UES's prevailing fee schedule and expense reimbursement policy.
SECTION 4: BILLING AND PAYMENT
4.1 S&A/UES will submit invoices to Client monthly or upon completion of services. Invoices will show charges for
different personnel and expense classifications.
General Conditions – (v3 06132024)
Page 2
4.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay
a finance charge of one and one-half percent (1 ½ %) per month, or the maximum rate allowed by law, on past due
accounts.
4.3 If S&A/UES incurs any expenses to collect overdue billings on invoices, the sums paid by S&A/UES for reasonable
attorneys' fees, court costs, S&A/UES's time, S&A/UES's expenses, and interest will be due and owing by the Client.
SECTION 5: OWNERSHIP AND USE OF DOCUMENTS
5.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents
prepared by S&A/UES, as instruments of service, shall remain the property of S&A/UES. Neither Client nor any other entity
shall change or modify S&A/UES’s instruments of service.
5.2 Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be
returned upon demand and will not be used by the Client for any purpose.
5.3 S&A/UES will retain all pertinent records relating to the services performed for a period of “five years or such longer
period” of time required by applicable accrediting agency, unless specified in the scope of services following submission
of the report or completion of the Scope of Services, during which period the records will be made available to the Client
in a reasonable time and manner.
5.4 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents
prepared by S&A/UES, are prepared for the sole and exclusive use of Client, and may not be given to any other entity, or
used or relied upon by any other entity, without the express written consent of S&A/UES. Client is the only entity to which
S&A/UES owes any duty or duties, in contract or tort, pursuant to or under this Agreement.
SECTION 6: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
6.1 Client represents that a reasonable effort has been made to inform S&A/UES of known or suspected hazardous
materials on or near the project site.
6.2 Under this agreement, the term hazardous materials includes hazardous materials, hazardous wastes, hazardous
substances (40 CFR 261.31, 261.32, 261.33), petroleum products, polychlorinated biphenyls, asbestos, and any other
material defined by the U.S. EPA as a hazardous material.
6.3 Hazardous materials may exist at a site where there is no reason to believe they are present. The discovery of
unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. The
discovery of unanticipated hazardous materials may make it necessary for S&A/UES to take immediate measures to protect
health and safety. Client agrees to compensate S&A/UES for any equipment decontamination or other costs incident to
the discovery of unanticipated hazardous materials.
6.4 S&A/UES will notify Client when unanticipated hazardous materials or suspected hazardous materials are
encountered. Client will make any disclosures required by law to the appropriate governing agencies. Client will hold
S&A/UES harmless for all consequences of disclosures made by S&A/UES which are required by governing law. In the event
the project site is not owned by Client, it is the Client's responsibility to inform the property owner of the discovery of
unanticipated hazardous materials or suspected hazardous materials.
6.5 Notwithstanding any other provision of this Agreement to the contrary, Client waives any claim against S&A/UES,
and to the maximum extent permitted by law, agrees to defend, indemnify, and save S&A/UES harmless from any claim,
liability, and/or defense costs for injury or loss arising from S&A/UES's discovery of unanticipated hazardous materials or
suspected hazardous materials including any costs created by delay of the project and any cost associated with possible
reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by S&A/UES which
are found to be contaminated.
General Conditions – (v3 06132024)
Page 3
SECTION 7: RISK ALLOCATION
7.1 Subject to the balance of this Section 7.1, Client agrees that S&A/UES's liabilities, losses, damages, fees, costs and
expenses (including attorneys’ fees)(collectively, “Liability”) arising from any claim on account of any breach of contract,
error, omission, or professional negligence will be limited to a sum not to exceed $50,000 or S&A/UES’s fee, whichever is
greater (the “Liability Cap”). If Client prefers to have a higher Liability Cap, S&A/UES agrees to increase the Liability Cap to
$1,000,000.00 upon Client’s written request at the time of accepting S&A/UES’s proposal, provided that Client agrees to
pay an additional consideration of one percent of the total fee, or $1,000.00, whichever is greater. If Client prefers a
$2,000,000.00 Liability Cap, S&A/UES agrees to increase the Liability Cap to $2,000,000.00 upon Client’s written request
at the time of accepting S&A/UES’s proposal, provided that Client agrees to pay an additional consideration of one percent
of the total fee, or $2,000.00, whichever is greater. The additional charge for the higher Liability Cap is because of the
greater risk assumed and is not strictly a charge for additional professional liability insurance.
7.2 Client shall not be liable to S&A/UES, and S&A/UES shall not be liable to Client for any punitive, incidental, special,
or consequential damages (including lost profits, loss of use, and lost savings) incurred by either party due to the fault of
the other, regardless of the nature of the fault, or whether it was committed by Client or S&A/UES, their employees, agents,
or subcontractors; or whether such liability arises in breach of contract or warranty, tort (including intentional torts and
negligence), statutory, or any other cause of action.
7.3 As used in this Agreement, the terms “claim” or “claims” mean any claim in contract, tort, or statute alleging
negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent
misrepresentation, or any other act giving rise to Liability.
SECTION 8: INSURANCE
8.1 S&A/UES represents that it and its agents, staff, and consultants employed or retained by S&A/UES, is and are
protected by workers’ compensation insurance, and that S&A/UES has such coverage under public liability and property
damage insurance policies which S&A/UES deems to be adequate. Certificates for all such policies of insurance shall be
provided to Client upon request in writing. Within the limits and conditions of such insurance, S&A/UES agrees to
indemnify and save Client harmless from and all Liabilities arising from negligent acts by S&A/UES, its agents, staff, and
consultants employed by it. S&A/UES shall not be responsible for Liabilities beyond the amounts, limits, and conditions of
such insurance or the limits described in Section 7, whichever is less. The Client agrees to defend, indemnify, and save
S&A/UES harmless from all Liabilities arising from acts by Client, Client’s agents, staff, and others employed by Client.
8.2 Under no circumstances will S&A/UES indemnify Client from or for Client’s own actions, negligence, or breaches of
contract.
8.3 To the extent that damages are covered by property insurance, Client and S&A/UES waive all rights against each
other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they
may have to the proceeds of such insurance.
SECTION 9: DISPUTE RESOLUTION
9.1 All claims, disputes, and other matters in controversy between S&A/UES and Client arising out of or in any way related
to this Agreement shall be submitted to mediation before and as a condition precedent to seeking other remedies provided
by law.
9.2 If a dispute arises and that dispute is not resolved by mediation, then: (a) the claim will be brought in the state or
federal courts having jurisdiction where the S&A/UES office which provided the service is located; and (b) the prevailing
party will be entitled to recovery of all reasonable out of pocket fees, costs and expenses incurred by such party, including
court costs, attorneys’ fees, expert witness fees, and other claim related expenses.
General Conditions – (v3 06132024)
Page 4
SECTION 10: TERMINATION
10.1 This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof, or in the case of a force majeure event such as
terrorism, act of war, public health or other emergency. Such termination shall not be effective if such substantial failure
or force majeure has been remedied before expiration of the period specified in the written notice. In the event of
termination, S&A/UES shall be paid for services performed to the termination notice date plus reasonable out of pocket
termination expenses incurred or paid by S&A/UES in connection with such termination and the winding down of its
operations.
10.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports
contemplated by this Agreement, S&A/UES may complete such analyses and records as are necessary to complete its files
and may also complete a report on the services performed to the date of notice of termination or suspension. The expense
of termination or suspension shall include all direct out of pocket costs incurred or paid by S&A/UES in completing such
analyses, records, and reports.
SECTION 11: REVIEWS, SPECIAL INSPECTIONS, TESTING AND OBSERVATIONS
11.1 Plan review and building inspections are performed for the purpose of observing compliance with applicable building
codes. Construction materials testing (“CMT”) and Special Inspections are performed to document compliance of certain
materials or components with applicable testing standards. S&A/UES’s performance of plan reviews, Special inspections,
building inspections, or CMT, or S&A/UES’s presence on the site of Client’s project while performing any of the foregoing
activities, is not a representation or warranty by S&A/UES that Client’s project is free of errors in either design or
construction.
11.2 If S&A/UES is retained to provide construction monitoring or observation, S&A/UES will report to Client any observed
work which, in S&A/UES’s opinion, does not conform to the plans and specifications provided to S&A/UES. S&A/UES shall
have no authority to reject or terminate the work of any agent or contractor of Client. No action, statements, or
communications of S&A/UES, or S&A/UES’s site representative, can be construed as modifying any agreement between
Client and others. Client acknowledges that S&A/UES’s performance of construction monitoring or observation is not a
representation or warranty by S&A/UES that Client’s project is free of errors in either design or construction.
11.3 Neither the activities of S&A/UES pursuant to this Agreement, nor the presence of S&A/UES or its employees,
representatives, or subcontractors on the project site, shall be construed to impose upon S&A/UES any responsibility for
means or methods of work performance, superintendence, sequencing of construction, or safety conditions at the project
site. Client acknowledges that Client or its contractor is solely responsible for project jobsite safety.
11.4 Client is responsible for scheduling all inspections and CMT activities of S&A/UES. All testing and inspection services
will be performed on a will-call basis. S&A/UES will not be responsible for tests and inspections that are not performed
due to Client’s failure to schedule S&A/UES’s services on the project, or for any claims or damages arising from tests and
inspections that are not scheduled or performed.
11.5 If the Client desires more extensive or full-time project observation to help reduce the risk of problems arising during
construction, the Client shall request such services as “Additional Services” in accordance with the terms of this agreement.
Should the Client, for any reason, choose not to have S&A/UES provide construction or field observation during the
implementation of S&A/UES’s specifications or recommendations, or should the Client unduly restrict S&A/UES’s
assignment of observation personnel, Client shall, to the fullest extent permitted by law, waive any claim against S&A/UES,
and indemnify, defend, and hold S&A/UES harmless from any claim or liability for injury or loss arising from field problems
allegedly caused by findings, conclusions, recommendations, plans or specifications developed by S&A/UES. The Client
also shall compensate S&A/UES for any time spent or expenses incurred by S&A/UES in defense of any such claim. Such
compensation shall be based upon S&A/UES’s standard fee and rate schedule.
General Conditions – (v3 06132024)
Page 5
SECTION 12: ENVIRONMENTAL ASSESSMENTS
12.1 Client acknowledges that an Environmental Site Assessment (“ESA”) is conducted solely to permit S&A/UES to render
a professional opinion about the likelihood or extent of regulated contaminants being present on, in, or beneath the site
in question at the time services were conducted. No matter how thorough an ESA study may be, findings derived from the
study are limited and S&A/UES cannot know or state for a fact that a site is unaffected by reportable quantities of regulated
contaminants as a result of conducting the ESA study. Even if S&A/UES states that reportable quantities of regulated
contaminants are not present, Client acknowledges that it still bears the risk that such contaminants may be present or
may migrate to the site after the ESA study is complete.
SECTION 13: SAMPLE DISPOSAL
13.1 Non-Hazardous Samples — Test samples are substantially altered during testing and disposed of immediately upon
completion. Drilling samples are disposed of thirty (30) days after submission of our report. If requested in writing, samples
can be held after thirty (30) days for an additional storage fee or returned to the Client.
13.2 Hazardous Samples — If toxic or hazardous substances are involved, S&A/UES will return such samples to the Client.
Or using a manifest signed by the Client, S&A/UES will have such samples transported to a location selected by the Client
for final disposal. The Client agrees to pay all costs for storage, transport, and disposal of samples. The Client recognizes
and agrees that S&A/UES is acting as a bailee and at no time assumes title to samples involving hazardous or toxic materials.
SECTION 14: SUBSURFACE EXPLORATIONS
14.1 Client acknowledges that subsurface conditions may vary from those observed at locations where borings, surveys,
samples, or other explorations are made, and that site conditions may change with time. Data, interpretations, and
recommendations by S&A/UES will be based solely on information available to S&A/UES at the time of service. S&A/UES
is responsible for those data, interpretations, and recommendations but will not be responsible for other parties’
interpretations or use of the information developed or provided by S&A/UES.
14.2 Subsurface explorations may result in unavoidable cross-contamination of certain subsurface areas, as when a probe
or boring device moves through a contaminated zone and links it to an aquifer, underground stream, or other hydrous
body not previously contaminated. S&A/UES is unable to eliminate totally cross-contamination risk despite use of due care.
Since subsurface explorations may be an essential element of S&A/UES’s services indicated herein, Client shall, to the
fullest extent permitted by law, waive any claim against S&A/UES, and indemnify, defend, and hold S&A/UES harmless from
any claim or Liability arising from cross-contamination allegedly caused by S&A/UES’s subsurface explorations. In addition,
Client agrees to compensate S&A/UES for any time spent or expenses incurred by S&A/UES in defense of any such claim
with compensation to be based upon S&A/UES's prevailing fee schedule and expense reimbursement policy.
SECTION 15: SOLICITATION OF EMPLOYEES
15.1 Client agrees not to solicit for hire any of S&A/UES's employees with which Client had contact during the term of this
Agreement for a one-year period following the expiration date or termination date of this Agreement (the “Post-Term
Period”) except through S&A/UES. If Client hires any such S&A/UES employee during the Post-Term Period, Client shall
within five business days following written demand therefore from S&A/UES, pay S&A/UES an amount equal to one-half
of the employee's then effective annualized salary, as liquidated damages. Further, Client acknowledges that the liquidated
damages, stated above, are reasonable under the circumstances.
SECTION 16: ASSIGNS
16.1 Neither Client nor S&A/UES may assign this Agreement or assign or delegate any of its rights or obligations hereunder
without the prior written consent of the other party.
General Conditions – (v3 06132024)
Page 6
SECTION 17: GOVERNING LAW AND SURVIVAL
17.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the
S&A/UES office performing the services hereunder is located.
17.2 If any of the provisions of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or
unenforceable, the enforceability of the remaining provisions will not be impaired and will survive. Limitations of liability
and indemnities will survive termination of this Agreement for any cause.
SECTION 18: INTEGRATION CLAUSE
18.1 This Agreement represents and contains the entire and only agreement and understanding among the parties with
respect to the subject matter of this Agreement and supersedes any and all prior and contemporaneous oral and written
agreements, understandings, representations, inducements, promises, warranties, and conditions among the parties. No
agreement, understanding, representation, inducement, promise, warranty, or condition of any kind with respect to the
subject matter of this Agreement shall be relied upon by the parties unless expressly set forth herein.
18.2 This Agreement may not be amended or modified except by an agreement in writing signed by the party against
whom the enforcement of any modification or amendment is sought.
SECTION 19: WAIVER OF JURY TRIAL
19.1 To the extent permitted by applicable law, Client and S&A/UES hereby waive trial by jury in any action arising out of
or related to this Agreement.
CLIENT APPROVAL
S&A/UES offers the Client the Proposal as listed above. Client may accept S&A/UES’s offer by signing in the space provided
below and returning a signed copy to S&A/UES. Such notification may be faxed or by emailing the signed general
conditions. In the event the Client authorizes work without returning a signed copy, the Client agrees to be bound by the
general conditions as stated herein. The proposal presented has been read, understood, and accepted by the Client
effective as of the date that the executed proposal is returned to S&A/UES.
EXECUTED BY CLIENT’S AUTHORIZED REPRESENTATIVE:
(signature)
Printed Name:
Title:
Date Accepted:
Client Business Name:
Billing Address:
Telephone:
E-mail:
ACCOUNTS PAYABLE INFORMATION
A/P Contact Name:
A/P Contact Telephone:
*A/P Contact E-Mail:
* A/P Contact E-Mail must be provided before the S&A/UES can proceed with its proposed services
Project Name: Pecos Surface Water Treatment Plant Large Conference Room
Page F-1
Project No.: WA2501.201
Rev. 1/24/2024
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A