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Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 1
PROFESSIONAL SERVICES AGREEMENT
CONSULTANT SERVICES
UNDERGROUND STORAGE FACILITY PERMIT MODIFICATION AND AQUIFER PROTECTION
PERMIT AMENDMENT FOR TUMBLEWEED PARK RECHARGE FACILITY
PROJECT NO. WW2206.102
Council Date: January 8, 2026
THIS AGREEMENT (“Agreement”) is made and entered into on the _______ day of _______________, 2026,
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''), and
Matrix New World Engineering, Land Surveying and Landscape Architecture, PC dba Matrix New
World Engineering, a New Jersey 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 consultant services for Underground Storage
Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park
Recharge Facility project (“Project”) as more fully described in Exhibit "A" (“Services”), 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
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 2
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.
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 730 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 $253,407 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:
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 3
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: Sandra Story, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3588 Email: Sandra.Story@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME:
Matrix New World Engineering, Land Surveying
and Landscape Architecture, PC dba Matrix New
World Engineering
Mailing Address: 3033 North 44 Street, Suite 270
Phoenix, AZ 85018
Physical Address: 3033 North 44 Street, Suite 270
Phoenix, AZ 85018
Statutory Agent Name: Capitol Corporate Services, Inc.
Statutory Agent Mailing Address: 8825 N. 23rd Ave, Suite 100
Phoenix, AZ 85021
Statutory Agent Physical Address: 8825 N. 23rd Ave, Suite 100
Phoenix, AZ 85021
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name: Harry S. Brenton, RG
Title: Vice President, Hydrogeological Services
Phone: 480-322-1474
Email: hbrenton@mnwe.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 accuracy of all cost and pricing data. City
reserves the right to decrease Agreement price or payments made on this Agreement or
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 4
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.
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
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 5
("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
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
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 6
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.
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.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 7
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.
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
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 8
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 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
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 9
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 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.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 10
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.
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.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 11
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.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/25
Page 12
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”
MATRIX NEW WORLD ENGINEERING, LAND
SURVEYING AND LANDSCAPE ARCHITECTURE, PC
DBA MATRIX NEW WORLD ENGINEERING
Signature
Date
Print Name
Title
Signer Email Address
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
November 26, 2025
hbrenton@mnwe.com
Harry Brenton
Vice President - Hydrogeological Services
December 1, 2025
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page A-1
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Matrix New World Engineering
3033 N. 44 Street, Ste 270
Phoenix, AZ 85018
602.955.5547 973.240.1800
mnwe.com
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_Proposal_TWParkUSFPermitModAPPAmend_FINALglw.docx
November 10, 2025
Ms. Sandy Story, Project Manager
City of Chandler Public Works and Utilities Department
975 E. Armstrong Way
Chandler, AZ 85286
Electronically Submitted to: Sandra.Story@chandleraz.gov
P25-0850
SUBJECT:
Revised Proposal – USF Permit Modification and APP Amendment Application
Tumbleweed Park Recharge Facility, Chandler, AZ
Dear Ms. Story:
Matrix New World Engineering, Land Surveying and Landscape Architecture, PC (Matrix) is pleased to
provide this revised proposal to the City of Chandler (Chandler) to modify the existing Underground
Storage Facility (USF) permit and amend the existing Aquifer Protection Permit (APP) to support the
drilling and installation of proposed Aquifer Storage and Recovery (ASR) wells ASR-13 and Well ASR-
14 at the Tumbleweed Park Recharge Facility (Tumbleweed USF) in Chandler, Arizona. This revision
includes maximum review fees for the Arizona Department of Water Resources (ADWR) to review the
USF permit application and the Arizona Department of Environmental Quality (ADEQ) to review the APP
application.
SCOPE OF WORK
TASK 1.0
ADWR USF PERMIT MODIFICATION
Matrix will prepare USF and Water Storage (WS) Permit Applications. Groundwater flow modeling
associated with defining the maximum area of impact (MAOI) will help demonstrate the impacts of
additional ASR wells located at Tumbleweed USF. Matrix understands that Chandler does not want to
increase the permitted recharge rate, and that this permit modification is to accommodate additional ASR
wells and probably some new monitor wells.
Subtask 1.1 ADWR Pre-Application Meeting
The ADWR Pre-Application Meeting is an opportunity to receive guidance from ADWR and will facilitate
submittal of a complete application including the required modeling approach. Key components of the
ADWR Pre-Application Meeting include: 1) discussion of the proposed additional wells, 2) use of
additional modeling cells that will be incorporated into the 2023 Phoenix AMA model to revise the MAOI,
and 3) preliminary designs and proposed locations for additional monitor wells.
Subtask 1.2 Groundwater Modeling for USF Application
Groundwater modeling will be conducted to evaluate the existing 20-year permitted storage volume and
maximum annual injection rate for the Tumbleweed USF. Groundwater model simulation methods and
results will conform to ADWR USF APP Rules and Regulations.
Matrix will conduct preliminary groundwater modeling simulations to evaluate hydrologic feasibility at the
Tumbleweed USF. Groundwater modeling will be conducted to estimate the 20-year proposed permit
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Revised Proposal – USF Permit Modification and
APP Amendment Application
Tumbleweed Park Recharge Facility, Chandler, AZ
November 10, 2025
Page 2 of 6
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_Proposal_TWParkUSFPermitModAPPAmend_FINALglw.docx
storage volume and maximum annual rate using groundwater model simulation methods and analysis
conforming to ADWR USF regulations and current practices based on recent project experience. Matrix
will prepare three groundwater modeling simulations using an updated version of ADWR’s Phx AMA
Model (Arizona Department of Water Resources, 2023. Groundwater Flow Model of the Phoenix Active
Management Area, Arizona. Modeling Report No. 28) to simulate the impact of recharge at the
Tumbleweed USF and other nearby facilities on the regional aquifer system as required for the USF
Application Report. The model will be updated through the current year available with reported USF
recharge volumes and groundwater pumping volumes based on ADWR records for USFs and wells
located in the Phx AMA Model domain. The three model simulations will be: 1) base model simulating a
20-year predictive period without Tumbleweed USF recharge, 2) annual rate model simulating the
current permitted rate of 22,418 acre-feet per year (ac-ft/yr) for 20 years or less at the Tumbleweed USF,
and 3) maximum in storage model simulating the total volume of recharge determined in the annual
rate model (model #2) divided evenly into the 20-year predictive period at the Tumbleweed USF. We
anticipate that the permitted annual rate will not be able to be simulated in the model for the full 20-year
proposed permit period. Therefore, the total volume of simulated recharge at the Tumbleweed USF for
as many years that will “fit” into the model without causing unreasonable harm on existing structures will
be used to determine the maximum in storage volume. The current permitted maximum in storage volume
is 257,809 acre-feet, which limits the maximum allowed in storage at the Tumbleweed USF at any time
during the 20-year permit period. As a part of this SOW, Matrix will determine if the 20-year maximum in
storage volume needs to be adjusted based on new modeling.
A model check will be conducted to analyze simulated historical water levels compared to observed water
levels. If the model match to observed water levels does not display an acceptable fit, Matrix will work
with Chandler to consider some changes to the model to develop a better working tool. If model
modifications are conducted, it could yield a better fit to measured data at the Tumbleweed USF and
improve model calibration. If changes to the model are to be considered, Matrix will prepare an additional
SOW and Cost Estimate for that effort.
Modeling results will be reviewed and an analysis of “Unreasonable Harm” and “Hydrologic Feasibility
Analysis” requirements per the ADWR USF Application Guide dated April 2022 will be conducted. The
Unreasonable Harm Analysis will include, but not be limited to assessing impacts to landfills, existing
USFs, underground storage tanks, leaking underground storage tanks, mining operations, and superfund
sites. Matrix will work closely with ADWR staff as needed to answer any specific questions.
Key components of the modeling effort are:
•
Model development and boundary conditions
•
Time discretization
•
Wells
•
Recharge
•
Mounding analysis
•
Map of one-foot direct impact of water level rise (MAOI)
•
Narrative supporting MAOI and mounding analysis
The method of calculating the MAOI will provide a maximum storage scenario because it assumes that
the recharged volume immediately reaches the aquifer. The MAOI method will be calculated by
subtracting the simulated water level elevation in the Base Model from the simulated water level elevation
in the Tumbleweed USF Max-In-Storage Model.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Revised Proposal – USF Permit Modification and
APP Amendment Application
Tumbleweed Park Recharge Facility, Chandler, AZ
November 10, 2025
Page 3 of 6
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_Proposal_TWParkUSFPermitModAPPAmend_FINALglw.docx
Subtask 1.3 USF Hydrogeologic Report
Matrix will prepare the pertinent Hydrogeologic Study under Section III of the Application Guide. Matrix
will need assistance from Chandler for portions of the permit as outlined below. Specifically, Matrix will
address the following sections:
•
III.A – Executive Summary
•
III.B – USF Site and Facility Characteristics
o Sub-section 1 – USF Characteristics
o Sub-section 2 – Facility Description
o Sub-section 3 – Geology
o Sub-section 4 – Hydrogeology
•
III.C – Unreasonable Harm and Hydrologic Feasibility
o Sub-section 1 – Procedure for Calculating Maximum Area of Impact and Mounding
Analysis
o Sub-section 2 – Land and Water Use Inventory
o Sub-section 3 – Water Quality (support to Matrix)
o Sub-section 4 – Unreasonable Harm
o Sub-section 5 – Hydrologic Feasibility Conclusions
o Sub-section 6 – Monitoring Plan
o Sub-section 7 – Operation and Maintenance (support to Matrix)
•
III.D – Technical Capability (Chandler)
•
III.E – Financial Capability (Chandler)
•
III.F – Legal Access (Chandler)
Subtask 1.4 ADWR USF and WS Permit Applications
Matrix will draft the USF and WS Permit Applications for review and signature by Chandler. The USF and
WS Permit Applications will be submitted to ADWR in conjunction with the USF Permit Application packet.
Subtask 1.5 Response to ADWR Comments
Matrix anticipates that ADWR may have comments and/or questions and may send requests for
additional information during review of the applications. As necessary, Matrix will prepare responses to
any ADWR requests with support from Chandler staff. Matrix assumes that any requests ADWR makes
for additional information will be for clarification purposes and/or minor modifications to the hydrologic
study and aquifer impact modeling. If ADWR’s requests require additional time beyond that allotted for in
this cost estimate, Matrix will prepare a separate SOW and cost estimate to respond to ADWR’s extended
comments.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Revised Proposal – USF Permit Modification and
APP Amendment Application
Tumbleweed Park Recharge Facility, Chandler, AZ
November 10, 2025
Page 4 of 6
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_Proposal_TWParkUSFPermitModAPPAmend_FINALglw.docx
TASK 2.0
ADEQ AQUIFER PROTECTION PERMIT AMENDMENT APPLICATION
Subtask 2.1 ADEQ Pre-Application Meeting
Matrix will prepare a PowerPoint presentation and lead a Pre-Application Meeting with the Arizona
Department of Environmental Quality (ADEQ). Materials will include a detailed presentation describing
proposed changes to the APP and outlining our approach to analysis of the proposed recharge facility. A
meeting will be held with Chandler to review and approve the presentation prior to delivery to ADEQ.
Matrix will prepare a meeting agenda, attend the ADEQ Pre-Application Meeting and will prepare meeting
minutes.
Subtask 2.2 Hydrogeological Report for APP Application
Matrix will update the existing hydrogeologic data and analyses necessary to support the APP
Application. Work will be performed in accordance with ADEQ’s Individual Aquifer Protection Permit
Hydrology Substantive Review Checklist, dated October 2022. This information will also be used to
support the following permit application requirements:
•
Groundwater mounding analysis
•
Assessment of the potential for causing leaching or movement of known contaminants
•
Location of the Discharge Impact Area (DIA)
Groundwater modeling to support the Application for an APP Amendment will be conducted using the
model set up under Subtask 1.2. The Tumbleweed USF annual rate model will be modified so that the
predictive period simulates 40 years of the annual recharge rate of 22,418 ac-ft/yr, with all other model
inputs being repeated from the last simulated year in the USF model. Results from the 40-year APP
model will be used to run particle tracking from the Tumbleweed USF recharge model cells to delineate
the DIA. Also, the model will be used to prepare a mounding analysis to estimate the 40-year rise of water
level due to discharge at Tumbleweed USF. Groundwater model simulation methods and results will
conform to ADEQ APP Rules and Regulations.
Results of the foregoing analyses will be presented to Chandler for review and comment. Following
review, Matrix will make any agreed upon changes.
Subtask 2.3 APP Application
Matrix will prepare the APP Application with supporting documentation, to amend the current APP in
accordance with appropriate ADEQ guidance documents. Matrix will work with Chandler and their
engineers to provide engineering support as well as closure and post-closure costs in accordance with
the current ADEQ Closure and Post-closure Plan/Strategy and Cost Estimate Checklist.
However, this proposal is based on submitting the APP Amendment Application without any engineering
documentation related to configuration of the reclaimed water conveyance system to the proposed
recharge wells. If ADEQ requests some type of engineering documentation in a deficiency letter, Matrix
will ask Chandler for assistance in developing a response and preparing documentation. The Owners
Allowance may be used for this potential effort if necessary.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Revised Proposal – USF Permit Modification and
APP Amendment Application
Tumbleweed Park Recharge Facility, Chandler, AZ
November 10, 2025
Page 5 of 6
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_Proposal_TWParkUSFPermitModAPPAmend_FINALglw.docx
A draft of the application and supporting documentation will be submitted to Chandler for review and
comment. Following Chandler’s review, Matrix will make any agreed upon changes and submit the APP
Amendment Application to ADEQ. There is no fee to submit the application..
Subtask 2.4 Response to ADEQ Comments
Matrix will assist Chandler in responding to questions and comments from ADEQ during their review of
the application and drafting of the permit. It is impossible to determine with certainty the number and type
of questions that may be asked. Matrix has included hours and costs in the estimate based on recent
experience on other similar projects. If additional hours and costs are needed to respond to Agency
comments, Matrix will prepare an amendment to the scope and costs.
OWNERS ALLOWANCE
Additional services may be required during the course of the Project due to unforeseen circumstances
and/or conditions. The Owner's Allowance provides up to $16,500 for additional services for Matrix and
maximum review fees up to $42,711 for ADWR and $28,750 for ADEQ. Prior written authorization from
the City of Chandler Project Manager will be required in order to use the Owner's Allowance.
PROJECT COSTS AND SCHEDULE
Matrix proposes to complete the SOW for a time and materials not-to-exceed cost of $253,407 as
presented in Chart 1 and the attached detailed cost estimate (Attachment I). Use of the Owners
Allowance and/or performance of additional work beyond the SOW will require client authorization.
Chart 1
Cost Estimate – USF Permit Modification and APP Amendment Application,
Tumbleweed Park Recharge Facility, Chandler, AZ
A preliminary project schedule is provided in Attachment II.
Scope of Work
Matrix
Labor
Subcontractor
Fees
Total
TASK 1.0 - ADWR USF PERMIT MODIFICATION
Subtask 1.1 - ADWR Pre-Application Meeting
9,900.00
$
-
$
9,900.00
$
Subtask 1.2 - Groundwater Modeling for USF Application
25,988.00
$
-
$
25,988.00
$
Subtask 1.3 - USF Hydrogeologic Report
39,680.00
$
-
$
39,680.00
$
Subtask 1.4 - ADWR USF and WS Permit Applications
5,598.00
$
-
$
5,598.00
$
Subtask 1.5 - Response to ADWR Comments
15,344.00
$
-
$
15,344.00
$
TASK 1.0 SUBTOTAL:
96,510.00
$
-
$
96,510.00
$
TASK 2.0 - ADEQ AQUIFER PROTECTION PERMIT AMENDMENT APPLICATION
Subtask 2.1 - ADEQ Pre-Application Meeting
7,104.00
$
-
$
7,104.00
$
Subtask 2.2 - Hydrogeologic Report for APP Application
38,584.00
$
-
$
38,584.00
$
Subtask 2.3 - APP Application
10,700.00
$
-
$
10,700.00
$
Subtask 2.4 - Response to ADEQ Comments
12,548.00
$
-
$
12,548.00
$
TASK 2.0 SUBTOTAL:
68,936.00
$
-
$
68,936.00
$
SUBTOTAL TASKS 1.0 AND 2.0:
165,446.00
$
-
$
165,446.00
$
Owners Allowance:
16,500.00
$
-
$
16,500.00
$
Owners Allowance - ADWR Permit Review Fee:
42,711.00
$
-
$
42,711.00
$
Owners Allowance - ADEQ Permit Review Fee:
28,750.00
$
-
$
28,750.00
$
GRAND TOTAL WITH OWNERS ALLOWANCES:
253,407.00
$
-
$
253,407.00
$
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Revised Proposal – USF Permit Modification and
APP Amendment Application
Tumbleweed Park Recharge Facility, Chandler, AZ
November 10, 2025
Page 6 of 6
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_Proposal_TWParkUSFPermitModAPPAmend_FINALglw.docx
PROJECT AUTHORIZATION
If the proposed SOW is acceptable and Chandler would like to authorize Matrix to proceed, please
provide a notice-to-proceed (NTP) and/or purchase order via e-mail using the contact information
provided below. If the proposed SOW does not meet your current needs, please contact Matrix to discuss
potential revisions.
Matrix appreciates the opportunity to provide the City of Chandler with this proposal. If you have any
questions or comments, please feel free to contact Mr. Harry Brenton, RG at 480.322.1474 or
hbrenton@mnwe.com.
Sincerely,
Matrix New World Engineering
Harry S. Brenton, RG
Elizabeth E. Mora
Vice President, Hydrogeological Services
Senior Hydrogeologist/Modeling Supervisor
Attachment I
Detailed Cost Estimate
Attachment II
Preliminary Project Schedule
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
ATTACHMENT II - PRELIMINARY PROJECT SCHEDULE
Proposal - USF Permit Modification and APP Amendment Applications
Tumbleweed Recharge Facility, Chandler, AZ (P25-0850)
Month-Year
Week Ending
2-Jan
9-Jan
16-Jan
23-Jan
30-Jan
6-Feb
13-Feb
20-Feb
27-Feb
6-Mar
13-Mar
20-Mar
27-Mar
3-Apr
10-Apr
17-Apr
24-Apr
1-May
8-May
15-May
22-May
29-May
5-Jun
12-Jun
19-Jun
26-Jun
3-Jul
10-Jul
17-Jul
24-Jul
31-Jul
7-Aug
14-Aug
21-Aug
28-Aug
4-Sep
11-Sep
18-Sep
25-Sep
2-Oct
9-Oct
16-Oct
23-Oct
30-Oct
6-Nov
13-Nov
20-Nov
27-Nov
4-Dec
11-Dec
18-Dec
25-Dec
1-Jan
8-Jan
15-Jan
22-Jan
29-Jan
5-Feb
12-Feb
19-Feb
26-Feb
5-Mar
12-Mar
19-Mar
26-Mar
2-Apr
9-Apr
16-Apr
23-Apr
30-Apr
7-May
14-May
21-May
28-May
4-Jun
11-Jun
18-Jun
25-Jun
2-Jul
9-Jul
16-Jul
23-Jul
30-Jul
6-Aug
13-Aug
20-Aug
27-Aug
3-Sep
10-Sep
17-Sep
24-Sep
Contract Award / Notice-to-Proceed
TASK 1.0 ADWR USF PERMIT MODIFICATION
Subtask 1.1 ADWR Pre-Application Meeting
Subtask 1.2 Groundwater Modeling for USF Application
Subtask 1.3 USF Hydrogeologic Report
Subtask 1.4 ADWR USF and WS Permit Applications
Subtask 1.5 Response to ADWR Comments
TASK 2.0 ADEQ AQUIFER PROTECTION PERMIT AMENDMENT APPLICATION
Subtask 2.1 ADEQ Pre-Application Meeting
Subtask 2.2 Hydrogeological Report for APP Application
Subtask 2.3 APP Application
Subtask 2.4 Response to ADEQ Comments
Note that it is assumed that it will take ADWR up to one year to respond to the USF application, and that it will take ADEQ up to nine months to respond to the APP application.
Mar
2026
Apr
2026
Feb
2026
Jan
2026
Oct
2026
Nov
2026
Dec
2026
May
2026
Jun
2026
Jul
2026
Aug
2026
Sep
2026
Aug
2027
Sep
2027
Jul
2027
Jan
2027
Feb
2027
Mar
2027
Apr
2027
May
2027
Jun
2027
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\AttII_REV1PrelimProjSch_USF_MOD_APP_elm_HB.xlsx
P25-0850
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name: Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page B-1
EXHIBIT “B”
COMPENSATION AND FEES
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
ATTACHMENT I - REVISED COST ESTIMATE
Tumbleweed Park USF Permit Mod and APP Amendment
Application, Maricopa County, AZ (P25-0850)
TASK 1.0 - ADWR USF PERMIT MODIFICATION
Subtask 1.1 - ADWR Pre-
Application Meeting
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
12
hrs
3,780.00
$
Project Manager II
226.00
$
12
hrs
2,712.00
$
Project Manager I / Senior Prof. I
205.00
$
8
hrs
1,640.00
$
Technical Specialist V
158.00
$
4
hrs
632.00
$
Staff Prof. III / Tech. Specialist IV
142.00
$
8
hrs
1,136.00
$
9,900.00
$
Subtask 1.2 - Groundwater
Modeling for USF Application
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
4
hrs
1,260.00
$
Project Manager II
226.00
$
24
hrs
5,424.00
$
Project Manager I / Senior Prof. I
205.00
$
80
hrs
16,400.00
$
Technical Specialist V
158.00
$
4
hrs
632.00
$
Staff Prof. III / Tech. Specialist IV
142.00
$
16
hrs
2,272.00
$
25,988.00
$
Subtask 1.3 - USF Hydrogeologic
Report
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
16
hrs
5,040.00
$
Project Manager II
226.00
$
40
hrs
9,040.00
$
Project Manager I / Senior Prof. I
205.00
$
40
hrs
8,200.00
$
Project Professional II
173.00
$
8
hrs
1,384.00
$
Technical Specialist V
158.00
$
16
hrs
2,528.00
$
Staff Prof. III / Tech. Specialist IV
142.00
$
24
hrs
3,408.00
$
Staff Professional II
126.00
$
80
hrs
10,080.00
$
39,680.00
$
Subtask 1.4 - ADWR USF and WS
Permit Applications
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
2
hrs
630.00
$
Project Manager II
226.00
$
4
hrs
904.00
$
Staff Professional II
126.00
$
14
hrs
1,764.00
$
Reimbursable Travel Expenses (includes 15% markup)
Permit Application Fee
2,300.00
$
1
permit
2,300.00
$
5,598.00
$
Subtask 1.5 - Response to ADWR
Comments
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
8
hrs
2,520.00
$
Project Manager II
226.00
$
16
hrs
3,616.00
$
Project Manager I / Senior Prof. I
205.00
$
40
hrs
8,200.00
$
Staff Professional II
126.00
$
8
hrs
1,008.00
$
15,344.00
$
96,510.00
$
TASK 1.0 SUBTOTAL:
Subtask 1.1 Subtotal
Subtask 1.2 Subtotal
Subtask 1.3 Subtotal
Subtask 1.4 Subtotal
Subtask 1.5 Subtotal
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_CostEst_MXTrue2025StdR_p5pTasks.LaborOnly_FINALglw.xlsx
Page 1 of 2
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
ATTACHMENT I - REVISED COST ESTIMATE
Tumbleweed Park USF Permit Mod and APP Amendment
Application, Maricopa County, AZ (P25-0850)
TASK 2.0 - ADEQ AQUIFER PROTECTION PERMIT AMENDMENT APPLICATION
Subtask 2.1 - ADEQ Pre-Application
Meeting
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
8
hrs
2,520.00
$
Project Manager II
226.00
$
8
hrs
1,808.00
$
Project Manager I / Senior Prof. I
205.00
$
8
hrs
1,640.00
$
Staff Prof. III / Tech. Specialist IV
142.00
$
8
hrs
1,136.00
$
7,104.00
$
Subtask 2.2 - Hydrogeologic Report
for APP Application
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
24
hrs
7,560.00
$
Project Manager II
226.00
$
24
hrs
5,424.00
$
Project Manager I / Senior Prof. I
205.00
$
40
hrs
8,200.00
$
Project Professional II
173.00
$
8
hrs
1,384.00
$
Technical Specialist V
158.00
$
16
hrs
2,528.00
$
Staff Prof. III / Tech. Specialist IV
142.00
$
24
hrs
3,408.00
$
Staff Professional II
126.00
$
80
hrs
10,080.00
$
38,584.00
$
Subtask 2.3 - APP Application
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
8
hrs
2,520.00
$
Project Manager II
226.00
$
8
hrs
1,808.00
$
Project Professional II
173.00
$
4
hrs
692.00
$
Staff Prof. III / Tech. Specialist IV
142.00
$
40
hrs
5,680.00
$
10,700.00
$
Subtask 2.4 - Response to ADEQ
Comments
Rate
Quantity
Units
Totals
Technical Director III
315.00
$
12
hrs
3,780.00
$
Project Manager II
226.00
$
12
hrs
2,712.00
$
Project Manager I / Senior Prof. I
205.00
$
24
hrs
4,920.00
$
Staff Prof. III / Tech. Specialist IV
142.00
$
8
hrs
1,136.00
$
12,548.00
$
68,936.00
$
Subtotals
9,900.00
$
25,988.00
$
39,680.00
$
5,598.00
$
15,344.00
$
96,510.00
$
7,104.00
$
38,584.00
$
10,700.00
$
12,548.00
$
68,936.00
$
165,446.00
$
16,500.00
$
42,711.00
$
28,750.00
$
253,407.00
$
TASK 2.0 SUBTOTAL:
SUBTOTAL TASKS 1.0 AND 2.0:
Owners Allowance:
GRAND TOTAL WITH OWNERS ALLOWANCES:
TASK 1.0 SUBTOTAL:
TASK 2.0 - ADEQ AQUIFER PROTECTION PERMIT AMENDMENT APPLICATION
Subtask 2.1 - ADEQ Pre-Application Meeting
Subtask 2.2 - Hydrogeologic Report for APP Application
Subtask 2.3 - APP Application
Subtask 2.4 - Response to ADEQ Comments
Owners Allowance - ADWR Permit Review Fee:
Owners Allowance - ADEQ Permit Review Fee:
Subtask 1.5 - Response to ADWR Comments
Subtask 2.1 Subtotal
Subtask 2.2 Subtotal
Subtask 2.3 Subtotal
Subtask 2.4 Subtotal
TASK 2.0 SUBTOTAL:
COST SUMMARY
TASK 1.0 - ADWR USF PERMIT MODIFICATION
Subtask 1.1 - ADWR Pre-Application Meeting
Subtask 1.2 - Groundwater Modeling for USF Application
Subtask 1.3 - USF Hydrogeologic Report
Subtask 1.4 - ADWR USF and WS Permit Applications
S:\MyDocs\SGCPRJ\2025\25-0850 Chandler TumbleweedPark USF Mod APP Amend\REV1_CostEst_MXTrue2025StdR_p5pTasks.LaborOnly_FINALglw.xlsx
Page 2 of 2
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page C-1
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
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page C-2
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.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page C-3
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.
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page D-1
EXHIBIT “D”
SPECIAL CONDITIONS
N/A
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge
Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page
E-1
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.
N/A
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487
Project Name:
Underground Storage Facility Permit Modification and Aquifer Protection Permit Amendment for Tumbleweed Park Recharge Facility
Project No.:
WW2206.102
Rev. 9/30/2025
Page F-1
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A
Docusign Envelope ID: 0EABAB48-E94B-440B-9021-4A80FD1A6487