PEC Agreement

AMENDMEN' NO. ONE
PROFESSIONAL SERVICES AGREEMENT
(SEWER AND MANHOLE REHABILITATION, PHASE V, Contract No. C18- 1058)

This Amendment No. One (“Amendment”) to the Professional Services Agreement
(“Agreement”) is made this day of , 2021, (“Effective Date”), by and
between the City of Glendale, an Arizona municipal corporation (“City”) and Project
Engineering Consultants, Ltd. (PEC), an Arizona Cosporation authorized to do business in
Atizona (“Contractor”).

RECITALS

A. City and Project Engineering Consultants, Ltd (PEC) (“Contractor”) previously
entered into Professional Services Agreement, Contract No. C18-1058, dated

November 13, 2018 (“Agreement”); and

B. The City is seeking to expand the scope of services provided under the original
Agreement; and

Cc. ‘The City is increasing the amount of compensation to be paid under this agreement
by $73,084; and
D.. City and Contractor wish to modify and amend the Agreement subject to and strictly

in accordance with the terms of this Amendment.
AGREEMENT

In consideration of the mutual promises set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Contractor hereby agree as follows:

1. Recitals. The recitals set forth above ate not merely recitals but form an integral
part of this Amendment.
2. Term. ‘The term of the Agreement is extended for a two-year period from

(November 13, 2021) through November 12, 2023, unless otherwise terminated or
canceled as provided by the Agreement. All other provisions of the Agreement
except as set forth in this Amendment shall remain in their entirety.

3. Scope of Work. The additional services to be provided ate identified in the attached
as Exhibit B. Conttactor agrees to comply with all the tetms, conditions of the
Professional Services Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

4. Compensation, Additional compensation for the change in the Scope of Work is
required for the project during the entire term is increased by an additional $73,084
as specifically detailed in the attached Amended Exhibit D (Time and Materials).

1/2/20

Tosurance Certificate. Current certificate will expire on November 1, 2021 and a
new certificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administrator.

Non-discrimination, Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability.
Contractor will require any Sub-conttactor to be bound to the same requirements as
stated within this section, Conttactor, and on behalf of any subcontractors, wartants

compliance with this section.

No Boycott of Israel. The Parties agree that they are not currently engaged in and
agree that for the duration of the Agreement they will not engage in, a boycott of
Israel, as that term is defined in A.R.S. §35-393, Unless and until the District Court’s
injunction in Jordabl » Brovich, 336 F. Supp.3d 1016 (D. Ariz. 2018) is stayed or lifted,
the Ant-Istael Boycott Provision (A.R.S. §35-393.01 (A)) @f applicable to this
agreement) is unenforceable and the City will take no action to enforce it.

Attestation of PCI Compliance. When applicable, the Contractor will provide the
City annually with a Payment Card Industry Data Security Standard (PCI DSS)
attestation of compliance certificate signed by an officer of Contractor with oversight
responsibility.

Ratification of Agteement. City and Contractor hereby agree that except as
expressly provided herein, the provisions of the Agreement shall be, and remain in

full force and effect and that if any provision of this Amendment conflicts with the
Agreement, then the provisions of this Amendment shall prevail.

[Signatures on the following page.]

1/2/20

ATTEST:

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

Michael D. Bailey, City Attorney

Project Engineering Consultants, Ltd.
(PEC)

an Arizona Corporation

Its: Frincipal/ Project Manager

1/2/20

EXHIBIT B
Professional Services Agreement

SCOPE OF WORK

GENERAL

Work for the Sewer and Manhole Rehabilitation, Phase V, Areas 5, 12, 13, 14 project includes providing full
construction administration and inspection services for rehabilitation of the manholes and pipes included in
the associated design plans, project management services during the project, and post construction services.
Work also includes obtaining a Maricopa County Environmental Services Department (MCESD) Approval of
Construction (AOC).

This project is comprised of the four most critical areas of the overall Sewer and Manhole Rehabilitation, Phase
V project, which includes a total of 14 separate areas. This project includes a base bid (Area 12) and three bid
alternates (Areas 5, 13, and 14), The following scope of work tasks will be completed tor each of the areas.

TASK 1 — PROJECT MANAGEMENT SERVICES

1.01 Monitor Progress and Prepare Status Reports

The Consultant will provide services required to administer the contract and budget, including but not limited
to preparation and review of invoices, tracking of expenditures, scheduling of resources, review of project
schedule, preparation of monthly progress reports and other routine correspondence required to complete

the work.

TASK 2~ CONSTRUCTION PHASE SERVICES

Following are the specific items of work included on this project for the construction administration and
inspection of the Contractor’s work. For the purpose of estimating costs, it is assumed that the construction
will take up to 90 calendar days to complete, however, the time to complete is variable depending on the
Contractor. The hours included for field inspector assumes a 40-hour work week.

2.01 On-Site Inspection and Review of Work

A Resident Engineer (RE) will be furnished and will observe performance of the work of the Contractor. The RE
furnished by the Consultant will be a registered Professional Engineer as recognized by the State of Arizona
and will have experience in sewer line and manhole construction and rehabilitation. The RE’s dealings in
matters pertaining to the on-site work shail in general be only with the inspector, the Consultant and the
Contractor, and dealings with subcontractors shall only be through or with the full knowledge of the
Contractor.

An inspector will be furnished by the Consultant to maintain a full-time presence at the project site for the
assumed contractor’s completion time. Through on-site observations of the work-in-progress and field checks
of materials and equipment by the RE and Inspector, the Consultant will endeavor to provide protection for
the City against defects and deficiencies in the work of the Contractor; but the furnishing of such resident
project representation will not make the Consultant responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions or programs, or for the Contractor’s failure to perform
their work in accordance with the contract documents. The inspector and RE will maintain a presence at the
project site with sufficient frequency to be knowledgeable about the progress and quality of the work to:

1) Conduct on-site inspections of the work in progress to assist in determining if the work is proceeding in
accordance with the construction documents and that completed work conforms to the construction
documents.

2) Identify whenever it is believed that any work is unsatisfactory, faulty, or defective or does not conform to
the construction documents, or does not meet the requirements of inspections, tests or approval required to
be made, or has been damaged prior to final payment; and advise when it is believed work should be
corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or
approval.

3) Verify that tests, equipment, and systems start-up and operating and maintenance instructions are
conducted as required by the construction documents and in presence of the required personnel, and ensure
the Contractor maintains adequate records thereof; observe, record, and report appropriate details relative to

the test procedures and start-ups.
4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the project.

2,02 Interpretation of Construction Documents
The Consultant will receive and transmit clarifications and interpretations of the construction documents. The
RE will notify the City’s representative of the Consultant’s decision prior to issuance to the Contractor.

2.03 Shop Drawings and Test Results

The Consultant will receive, review, evaluate, and distribute (or take other appropriate action in respect of}
shop drawings, samples, test results, and other data which Contractor is required to submit. The Consultant's
review shall be for conformance with the design concept of the project and compliance with the information
given in the construction documents. Such review or other action shall not extend to means, methods,
sequences, techniques, or procedures of construction selected by Contractor(s), or to safety precautions and
programs associated thereto. The Consultant will receive and review (for general contents as required by the
construction documents) maintenance and operating schedules and instructions, operation, and maintenance
manuals, guarantees, and certificates of inspection which are to be assembled by Contractor(s) in accordance
with the construction documents.

The Consultant will maintain a submittal log showing dates of submittal, transmittal action to other
subconsultants, dates of return and review action. Copies of the log shall be furnished to the City and the
Contractor monthly. The Consultant will promptly and in accordance with Project schedule requirements,
review and approve, reject, or take other appropriate action on the Contractor's request for substitutions. The
Consultant will not approve any proposed substitution unless such substitution conforms to the project design
concept and the construction contract documents including the contract price.

Submittal review efforts are based upon a maximum of two (2) reviews per submittal and that no more than
fifty percent (50%) of the total number of first submittals will require two (2) reviews.

2.04 Meetings
The Consultant will conduct weekly construction progress meetings, prepare meeting agendas, and prepare and

distribute meeting minutes.

2.05 Schedules

The Consultant will review the progress schedule, schedule of shop drawing submissions and schedule of
values prepared by Contractor and consult with City concerning their acceptability.

The Consultant will review and critique the Contractor's progress schedule in accordance with the construction
documents. The Consultant will examine the wark sequence, durations, interim milestones, and other
appropriate scheduling features in accordance with the requirements of the construction documents. The
Consultant will prepare a summary of the review comments and wil] meet and discuss the schedule comments
with the Contractor and the City's representative.

The Consultant will review the Contractor's progress schedule updates to the construction schedule in
accordance with the construction documents. The Consultant will perform a review of progress accomplished
during the period and compare to planned schedule and discuss significant discrepancies with the Contractor.
The Consultant and Contractor will establish, based on the data, the percent of project completion. Consultant

will meet with Contractor on monthly basis to review and update the schedule data. Based upon the schedule
update, the Consultant witl recommend processing progress payments.

2.06 Change Orders

The Consultant will promptly consult with and advise the City concerning, and shall administer and manage, all
change order requests and change orders. The Consultant will prepare, when requested by the City, required
drawings, specifications and other supporting data regarding change order requests and change orders.

The Consultant will prepare and submit change order requests explaining the merits for the change and a
recommendation for the City’s approval and acceptance. The Consultant will negotiate an agreement with the
Contractor as to scope of work and cost, time or both associated with the change in work. The change order
shall include a written justification for the cost of the work.

The Consultant will administer and manage change order requests and change orders on behalf of the City.
Change orders shall be prepared on a standard form provided by the City. Should a change order request be
accepted by the City in the absence of an agreement with the Contractor as to cost, time, or both, the
Consultant will receive and maintain all documentation pertaining to the change order request required of the
Contractor; examine such documentation on the City’s behalf; take such other action as may be reasonably
necessary or as the City may request; and make a recommendation to the City concerning any appropriate
adjustment in the construction cost and/or time and prepare a change order for Contractor’s acceptance and

City approval.

2.07 Records
The Consultant will maintain and provide detailed project records and documentation during the construction

phase including correspondence, schedules, submittals, test data, project data, payments, change orders, meeting
minutes, clarifications, mark-ups of drawings and specifications, control system documentation and other such
documentation. Project records will be delivered to the City’s representative upon completion of the
construction contract.

The Consultant will maintain at the job site files for correspondence, reports of job conferences, shop drawings
and samples submissions, reproductions of original construction documents including all addenda, change
orders, field orders, additional drawings issued subsequent to the execution of the construction contract,
Consultant's clarifications and interpretations of the construction documents, progress reports, and other
project related documents.

Prepare daily reports recording Contractor's work perfarmed on the job site, major construction equipment
on-site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and i
representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, on-site i
equipment, subcontractors on-site, observations in general and specific observations in detail as to observing
test procedures.

Receive, review and process daily inspection reports.

Maintain a digital photographic file of the progress of the construction activities throughout the duration of the
project. This photo file will consist of color photographs taken to document specific construction activities
where the information may be of future value. The photographs will be labeled as to the subject, and date of the
photo and the photos will be kept in files which have been formatted to represent the specific construction area
of the Project.

2.08 Reports
Each month, the Consultant will furnish to the City the project progress report describing the progress of the
work and Contractor's compliance with the approved progress schedule and schedule of shop drawing

submissions.

2.09 Substantial and Final Completion inspection

Following notice from the Contractor, The Consultant will conduct an inspection to determine if the Project or
the work associated with interim milestones is substantially complete in accordance with the construction
documents. If the Consultant considers the work substantially complete, the Consultant will deliver to the City
and the Contractor the Certificate of Substantial Completion and the punch list, the date for completion of the
punch list, and recommend the division of responsibilities between the City and the Contractor. If the work is
not substantially complete, the process shall be repeated until the work is substantially complete. Definition of
substantially complete as it relates to this project will be determined during the development of the bid

documents,

The Consultant will, upon completion of the punch list items as notified by the Contractor, make final inspection
to determine if the finished work has been completed to the standard required by the construction documents,
determine whether required inspections and approvals for permit compliance have been satisfactorily completed
and Contractor has fulfilled the obligations so that Consultant may recommend, in writing, final payment to
Contractor and may give written notice to City and the Contractor that the work is acceptable, subject to any
conditions therein expressed and in consultation with the City whether the work is finally complete.

2.10 Certify Contractor Progress Payments

The Consultant will review, prepare comments, and reach agreement with the Contractor on the progress
represented in the Contractor's schedule of values. The monthly schedule update, schedule of values, in
combination with the Consultant’s field observations, and the progress schedule shal! be used by the
Consultant to determine the appropriateness of the Contractor’s request for payment.

The Consultant will on review of applications for payment and the accompanying data and schedules,
determine the amounts owed to Contractor and recommend in writing, payments to Contractor in such
amounts. Recommendations of payment will constitute a representation to City, based on such observations
and review, that: the work has progressed to the point indicated; to the best of Consultant's knowledge,
information and belief, the quality of such work is in accordance with the Contract Documents; and payment
of the amount recommended is due and owing to the Contractor.

For unit price work, the Consultant’s recommendations for payment will constitute a determination of
completed quantities of such work.

Assumptions
1. The City will provide materials testing for the project.
2. The City will provide construction staking for the project.

TASK 3 — POST CONSTRUCTION PHASE SERVICES

3.01 Closeout Binder
The Consultant will prepare a project closeout binder that includes all of the project construction-related

paperwork from beginning of construction to completion of construction,

3.02 Record Drawings
The Consultant will prepare a set of record drawings showing those changes made during construction and

sealed by the engineer of record. Record drawing information shall be based on marked-up prints, drawings,
and other data furnished by Contractor(s) to Consultant which Consultant will review for accuracy and
completeness. The Consultant’s RE will review and coordinate the record drawings. The record drawings shall
be available to the City within thirty (30) days of receipt of all data in its entirety from the Contractor.

3.03 Coordinate and Obtain Approval of Construction (AOC) from MCESD
The Consultant will coordinate with Maricopa County Environmental Services Department (MCESD) to obtain
an Approval of Construction (AOC) for the sewer pipe rehabilitation upon completion of the construction.

Deliverables

One (1) set of reproducible record drawings to submit to the City. Record drawing information will be added
manually to existing mylars for the project by the Consultant as the record set. The record drawings shall be
conformed to reflect shop drawing review, substitutions, clarifications and change order information.

One (1) set of electronic files representing record drawing information. This set of record drawings shall be
developed in electronic format using AutoCAD. (Note: The record drawing electronic files will be used as
Jacility drawings by the City. The sealed set of record drawings defined shall represent the official record
drawing set for the Project.)

EXHIBIT D
Professional Services Agreement

COMPENSATION

METHOD AND AMOUNT OF COMPENSATION
Compensation shall be based on houtly rates plus estimated allowances for reimbursable expenses.

NOT-TO-EXCEED AMOUNT

The total amount of compensation paid to Consultant for full completion of all work required by the Project during
the entire term of the Project is increased by an additional $73,084.

DETAILED PROJECT COMPENSATION
Original Professional Services Fee: $213,184.00
Construction Administration & Inspection Services:

Task 1 Project Management Services

Task 1.01 Monitor Progress & Prep Reports $ 1,407.00
Task 2 Construction Phase Services
Task 2.01 On-Site Inspection $42,241.00
Task 2.02 Interpretation of Construction Docs $ 1,974.00
‘Task 2.03 Shop Drawings & ‘lest Results $ 3,964.00
Task 2.04 Meetings $ 5,785.00
‘Vask 2.05 Schedules $ 1,577.00
Task 2.06 Change Orders $ 1,781.00
Task 2.07 Records $ 1,347.00
‘Task 2.08 Reports $ 2,327.00
Task 2.09 Substantial & Final Completion Inspect $ 1,699.00
Task 2.10 Certify Contractor Progress Payments $ 2,818.00
Task 3 Post Construction Phase Services
Task 3.01 Closeout Binder $ 1,592.00
Task 3.02 Recotd Drawings $ 3,210.00
‘Vask 3.03 Coord & Obtain AOC from MCESD — $1,362.00
Total Construction Administration & Inspection Services $73,084.00

‘TOTAL NOT TO EXCEED AMOUNT: $286,268