Agreement

City of Chandler — Study Session (2025-03-24)

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Project Name: Pecos Surface Water Treatment Plant Large Conference Room 
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Project No.: WA2501.201 
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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.

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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:

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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

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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.

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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

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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.

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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.

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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

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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

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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.

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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) 
 
 
 
 
 
 
 
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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) 
 
 
 
 
 
 
 
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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.

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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