Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT
(Not Construction Related)
PUBLIC OUTREACH SERVICES - PAVEMENT MANAGEMENT PROGRAM
RFP 21-38

This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and MakPro Services, LLC , an Arizona limited liability company,

("Consultant") as of the day of 5 20 (“Effective Date”).
RECITALS
A. City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, Project (the "Project");
B. City desires to retain the professional services of Consultant to perform certain specific duties and produce
the specific work as set forth in the attached Exhibit B, Project Scope of Work (“Scope”);
Cc. Consultant desires to provide City with professional services (“Services”) consistent with best consulting or
architectural practices and the standards set forth in this Agreement, in order to complete the Project; and
D. City and Consultant desire to memorialize their agreement with this document.
AGREEMENT

The parties hereby agree as follows:
1. Key Personnel; Other Consultants and Subcontractors.

1.1 Professional Services. Consultant will provide all Services necessary to assure the Project is
completed timely and efficiently consistent within Project requirements, including, but not limited
to, working in close interaction and interfacing with City and its designated employees, and working
closely with others, including other consultants or contractors, retained by City.

1.2 Project Team.
a. Project Manager.

(4) Consultant will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's opinion, complete the project and handle
all aspects of the Project such that the work produced by Consultant is consistent
with applicable standards as detailed in this Agreement; and

(2) The City must approve the designated Project Manager.
b. Project Team.

(1) The Project Managet and all other employees assigned to the Project by Consultant
will comprise the "Project Team."

(2) Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Consultant.

G Discharge, Reassign, Replacement.

(1) Consultant acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in Exhibit A.

(2) Consultant will not discharge, reassign, replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Consultant, in which event the substitute must first be approved in writing by City.

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(3) Consultant will change any of the members of the Project Team at the City's request
if an employee's performance does not equal or exceed the level of competence that
the City may reasonably expect of a person performing those duties, or if the acts
or omissions of that person are detrimental to the development of the Project.

d. Subcontractors. Consultant shall not engage any subcontractor for the work or services to
be performed under this Agreement.

Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.

Consultant’s Work.

3.1

3.2

3.3

3.4

3.5

Standard. Consultant must perform Services in accordance with the standards of due diligence, care,
and quality prevailing among consultants having substantial experience with the successful furnishing
of Services for projects that are equivalent in size, scope, quality, and other criteria under the Project
and identified in this Agreement.

Licensing. Consultant warrants that:

a. Consultant currently holds all appropriate and required licenses, registrations and other
approvals necessary for the lawful furnishing of Services ("Approvals"); and

b. Neither Consultant nor any Subconsultant has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").

(1) City is under no obligation to ascettain or confirm the existence or issuance of any
Approvals or Debarments, or to examine Consultant's contracting ability.

(2) Consultant must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration. The failure of the Consultant to notify City as
required will constitute a material default under the Agreement.

Compliance. Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards and
criteria designated by City.

Consultant 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. Consultant will require any Sub-contractor to be bound to the same requirements as stated
within this section. Consultant, and on behalf of any subcontractors, warrants compliance with this
section.

Coordination; Interaction.

a. For projects that the City believes requires the coordination of various professional services,
Consultant will work in close consultation with City to proactively interact with any other
professionals retained by City on the Project ("Coordinating Project Professionals").

b. Subject to any limitations expressly stated in the Project Budget, Consultant will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.

c For projects not involving Coordinating Project Professionals, Consultant will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.

Work Product.
a. Ownership. Upon receipt of payment for Services furnished, Consultant grants to City

exclusive ownership of and all copyrights, if any, to evaluations, reports, drawings,

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specifications, project manuals, surveys, estimates, reviews, minutes, all "architectural work"
as defined in the United States Copyright Act, 17 U.S.C § 101, ef seq., and other intellectual
work product as may be applicable ("Work Product").

(1) This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.

(2) Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.

b. Delivery. Consultant will deliver to City copies of the preliminary and completed Work

Product promptly as they are prepared.

c. City Use.
(1) City may reuse the Work Product at its sole discretion.
(2) In the event the Work Product is used for another project without further

consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product.

(3) In such case, City will also remove any seal and title block from the Work Product.

4. Compensation for the Project.
41 Compensation. Consultant's compensation for the Project, including those furnished by its

4.2

4.3

44

Subconsultants or Subcontractors will not exceed $500,000 as specifically detailed in Exhibit D
("Compensation").

Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.

a. Adjustments to Compensation require a written amendment to this Agreement and may
require City Council approval.

b. Additional services which are outside the Scope of the Project contained in this Agreement
may not be performed by the Consultant without prior written authorization from the City.

c Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.

Allowances. An “Allowance” may be identified in Exhibit D only for work that is required by the
Scope and the value of which cannot reasonably be quantified at the time of this Agreement.

a. As stated in Sec. 4.1 above, the Compensation must incorporate all Allowance amounts
identified in Exhibit D and any unused allowance at the completion of the Project will
remain with City.

b. Consultant may not add any mark-up for work identified as an Allowance and which is to
be performed by a Subconsultant.

c. Consultant will not use any portion of an Allowance without prior written authorization
from the City.

d. Examples of Allowance items include, but are not limited to, subsurface pothole
investigations, survey, geotechnical investigations, public participation, radio path studies
and material testing.

Expenses. City will reimburse Consultant for certain out-of-pocket expenses necessarily incurred by

Consultant in connection with this Agreement, without mark-up (the “Reimbursable Expenses”),
including, but not limited to, document reproduction, materials for book preparation, postage,

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courier and overnight delivery costs incurred with Federal Express or similar carriers, travel and car
mileage, subject to the following:

a. Mileage, airfare, lodging and other travel expenses will be reimbursable only to the extent
these would, if incurred, be reimbursed to City of Glendale personnel under its policies and
procedures for business travel expense reimbursement made available to Consultant for
review ptior to the Agreement’s execution, and which policies and procedures will be
furnished to Consultant;

b. The Reimbursable Expenses in this section are approved in advance by City in writing; and

c. The total of all Reimbursable Expenses paid to Consultant in connection with this
Agreement will not exceed the “not to exceed” amount identified for Reimbursable Services
in the Compensation.

Billings and Payment.

5.1 Applications.

a. Consultant will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated below.

b. The period covered by each Payment Application will be one calendar month ending on the
last day of the month.

5.2 Payment.

a. After a full and complete Payment Application is received, City will process and remit
payment within 30 days.

b. Payment may be subject to or conditioned upon City's receipt of:
(1) Completed work generated by Consultant and its Subconsultants; and
(2) Unconditional waivers and releases on final payment from all Subconsultants as City

may reasonably request to assure the Project will be free of claims arising from
requited performances under this Agreement.

5.3 Review and Withholding. City's Project Manager will timely review and certify Payment Applications.

a. If the Payment Application is rejected, the Project Manager will issue a written listing of the
items not approved for payment.
b. City may withhold an amount sufficient to pay expenses that City reasonably expects to incur
in correcting the deficiency or deficiencies rejected for payment.
Termination.
6.1 For Convenience. City may terminate this Agreement for convenience, without cause, by delivering

a written termination notice stating the effective termination date, which may not be less than 15
days following the date of delivery.

a. Consultant will be equitably compensated for Services furnished prior to receipt of the
termination notice and for reasonable costs incurred.

b. Consultant will also be similarly compensated for any approved effort expended, and
approved costs incurred, that are directly associated with Project closeout and delivery of the
required items to the City.

6.2 For Cause. City may terminate this Agreement for cause if Consultant fails to cure any breach of this
Agreement within seven days after receipt of written notice specifying the breach.

a. Consultant will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable

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amount due but not paid Consultant for Services furnished, City will pay the amount due to
Consultant, less City's damages, in accordance with the provisions of Sec. 5.

b. If City's direct damages exceed amounts otherwise due to Consultant, Consultant must pay
the difference to City immediately upon demand; however, Consultant will not be subject to
consequential damages more than $1,000,000 or the amount of this Agreement, whichever
is greater.

Conflict. Consultant acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.

Insurance. For the duration of the term of this Agreement, Consultant shall procure and maintain insurance
against claims for injuries to persons ot damages to property which may arise from or in connection with the
performance of all tasks or work necessaty to complete the Project as herein defined. Such insurance shall
cover Consultant, its agent(s), representative(s), employee(s) and any subcontractors.

8.1 Minimum Scope and Limit of Insurance. Coverage must be at least as broad as:

a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including
products and completed operations, with limits of no less than $1,000,000 per occurrence
for bodily injury, personal injury, and property damage. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.

b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1
(any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.

c. Professional Liability. Consultant must maintain a Professional Liability insurance covering

errors and omissions arising out of the work or services performed by Consultant, or anyone
employed by Consultant, or anyone for whose acts, mistakes, errors and omissions
Consultant is legally liability, with a liability insurance limit of $1,000,000 for each claim and
a $1,000,000 annual aggregate limit.

d. Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.

8.2 Indemnification.

a. To the fullest extent permitted by law, Consultant must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an "Indemnified
Party," collectively, the "Indemnified Parties") for, from, and against any and all claims,
demands, actions, damages, judgments, settlements, personal injury (including sickness,
disease, death, and bodily harm), property damage (including loss of use), infringement,
governmental action and all other losses and expenses, including attorneys' fees and litigation
expenses (each, a "Demand or Expense" collectively "Demands or Expenses") asserted by a
third-party (ie. a person or entity other than City or Consultant) and that arises out of or
results from the breach of this Agreement by the Consultant or the Consultant’s negligent
actions, errors or omissions (including any Subconsultant or Subcontractor or other person
or firm employed by Consultant), whether sustained before or after completion of the
Project.

b. This indemnity and hold harmless provision applies even if a Demand or Expense is in part
due to the Indemnified Party's negligence or breach of a responsibility under this Agreement,
but in that event, Consultant will be liable only to the extent the Demand or Expense results
from the negligence or breach of a responsibility of Consultant or of any person or entity
for whom Consultant is responsible.

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8.3

8.4

8.5

8.6

8.7

8.8

c. Consultant is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.

Other Insurance Provisions. The insurance policies requited by the Section above must contain,
or be endorsed to contain the following insurance provisions:

a. The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or in
connection with the performance of all tasks or work necessary to complete the Project as
herein defined. Such liability may arise, but is not limited to, liability for materials, parts or
equipment furnished in connection with any tasks, or work performed by Consultant or on
its behalf and for liability arising from automobiles owned, leased, hired or borrowed on
behalf of the Consultant. General liability coverage can be provided in the form of an
endorsement to the Consultant’s existing insurance policies, provided such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later
revisions are used.

b. For any claims related to this Project, the Consultant’s insurance coverage shall be
ptimary insurance with respect to the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees or
volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it.

c. Each insurance policy required by this Section shall provide that covetage shall not be
canceled, except after providing notice to the City.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
no less than A: VII, unless the Consultant has obtained prior approval from the City stating that a
non-conforming insurer is acceptable to the City.

Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which any
insurer may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Consultant, its employees, agent(s) and subcontractor(s).

Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to obtain,
submit or secure the City’s approval of the required insurance policies, certificates or endorsements
ptior to the City’s agreement that work may commence shall not waive the Consultant’s obligations
to obtain and verify insurance coverage as otherwise provided in this Section. The City reserves the
tight to require complete, certified copies of all required insurance policies, including any
endorsements or amendments, required by this Agreement at any time during the Term stated herein.

Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance policies,
certificates or endorsements shall not be considered a Force Majeure or defense for any failure by
the Consultant to comply with the terms and conditions of the Agreement, including any schedule
for performance or completion of the Project.

Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.

Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the nature of the risk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.

E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrant
their compliance and that of its subconsultants with all federal immigration laws and regulations that relate to

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10.

11.

their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Consultant or
subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
tight to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Consultant and subconsultant warrant to keep their respective
papers and records open for random inspection during normal business hours by the other party. The parties
shall cooperate with the City’s random inspections, including granting the inspecting party entry rights onto
their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a
boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.

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

Notices.

12.1 A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:

a. The Notice is in writing; and

b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested).

c. Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if;

(1) Received on a business day before 5:00 p.m. at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier

service; ot
(2) As of the next business day after receipt, if received after 5:00 p.m.
d. The burden of proof of the place and time of delivery is upon the Party giving the Notice.

e. Digitalized signatures and copies of signatures will have the same effect as original signatures.

12.2 Representatives.

a. Consultant. Consultant's representative (the "Consultant's Representative") authorized to
act on Consultant's behalf with respect to the Project, and his or her address for Notice
delivery is:

MakPro Services, LLC
c/o Teresa Makinen
2036 N Gentry

Mesa, AZ 85213

b. City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:

City of Glendale

c/o Anthony Weathersby
5850 W Glendale
Glendale, Arizona 85301

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13.

14,

With required copy to:

City Manager City Attorney
City of Glendale City of Glendale
5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301
c. Concurrent Notices.
(1) All notices to City's representative must be given concurrently to City Manager and
City Attorney.
(2) A notice will not be deemed to have been received by City's representative until the

time that it has also been received by the City Manager and the City Attorney.

(3) City may appoint one or mote designees for the purpose of receiving notice by
delivery of a written notice to Consultant identifying the designee(s) and their
respective addresses for notices.

d. Changes. Consultant or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.

Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-profit
corporation or other entity whose primary purpose is to own or manage the Project.

Entire Agreement; Survival; Counterparts; Signatures.

14.1

14.2

14.3

14.4

Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties regarding
the Project or this Agreement.

a. Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.

b. Representations, statements, conditions, or wattanties not contained in this Agreement will
not be binding on the parties.

C Inconsistencies between the solicitation, any addenda attached to the solicitation, the

response or any excerpts attached as Exhibit A, and this Agreement, will be resolved by the
terms and conditions stated in this Agreement.
Interpretation.

a. The patties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.

b. The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the patties may have drafted this
Agreement.

c. The Agreement will be interpreted in accordance with the laws of the State of Arizona.

Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy
and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.

Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Electronic signature blocks do not constitute execution for purposes of this Agreement.
Any amendment may be subject to City Council approval.

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16.

17.

18.

14.5 Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.

14.6 Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
reformed to conform with applicable law.

14.7 Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.

Term.

15.1 Renewals. The term of this Agreement commences upon the effective date and continues for a one-
year (1) year initial petiod. The City may, at its option and with the approval of the Consultant, extend
the term of this Agreement an additional four (4) years, renewable on an annual basis. Consultant
will be notified in writing by the City of its intent to extend the Agreement period at least thirty (30)
calendar days prior to the expiration of the original or any renewal Agreement period. Price
adjustments will only be reviewed during the Agreement renewal period and will be a determining
factor for any renewal, There are no automatic renewals of this Agreement.

15.2 Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
ptovided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.

Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.

Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
And political subdivisions of the State. Any such usage by other entities must be in accord with the
ordinances, charter, rules and regulations of the respective entity and the approval of the Contractor and
City. For a list of SAVE members, click on the following link:

http: //www.mesaaz.gov/business/ purchasing /save

Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.

Exhibit A Project
Exhibit B Scope of Work
Exhibit C Schedule
Exhibit D Compensation

(Signatures appear on the following page.)

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The patties enter into this Agreement effective as of the date shown above.

City of Glendale,
an Arizona municipal corporation

By: Kevin R. Phelps
Its: City Manager
ATTEST:

Julie K. Bower (SEAL)
City Cletk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

MakPro Services, LLC,
an Arizona limited liability company

Zz Luc Wako

By: Teresa Makinen
Its: Principal/Owner

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EXHIBIT A
Professional Services Agreement

PROJECT

Project is for Public Outreach Services for the Pavement Management Program. The Contractor will help with the
City's goal to promote public involvement and public outreach to communicate with City officials, Management and
staff, road users, the general public (including those with disabilities or language challenges), area residences and
businesses, and appropriate public entities giving attention to language, access, and the needs of other special
populations about project information for the pavement management program.

EXHIBIT B
Professional Services Agreement

SCOPE OF WORK

Contractor must follow Scope of Work outlined in RFP 21-38 and attached as Exhibit B.

as City of Glendale Procurement Division
GS Solicitation Number: RFP 21-38 / 42100041 _| seso weer Glendslc avenue,
étentate PUBLIC OUTREACH SERVICES - PAVEMENT senda scat
oe MANAGEMENT PROGRAM

3. SCOPE OF WORK

3.1 Public Outreach Services shall include but are not limited to: Door Hangers/Post
Cards/Flyers, Project Identification Signage, Multilingual/TDD Service, 24 Hotline,
Website Information and Meetings.

The Contractor shall perform the tasks outlined below:

e Coordinate with the project team to determine the project schedule and
sequencing.

e Coordinate with contractor for traffic control signs that display project hotline
number.

e Work with Glendale Public Affairs Department contact John Penic to develop an
initial press release for the project, and to review any project
materials/information to be distributed.

e Work with City of Glendale Webmaster to develop web content/presence for the
project.

e Develop individual flyers for distribution to residents and/or businesses in the
specific impacted areas to provide contact information and project information, so
they can better understand the project impacts.

e Coordinate with project team to develop and distribute initial project information
so those effected may find alternate routes of travel if necessary.

e Provide information to City Council, Management, Transportation (Traffic Control),
and Engineering related to upcoming construction.

e Plan, prepare for and attend, when needed, meetings with City staff or Council
assistants to discuss the project and identify effective communication
mechanisms.

e Attend project meetings to identify potential community impacts and issues.

e Prepare for weekly project meetings (one each for overlay, surface treatment, and
crack seal), and document and distribute meeting notes and updates to team.

e Communicate with property management or HOA’s for larger communities or
business centers near the project areas so they will be aware of the work and the
project team can understand potential issues to assist in resolving those.

e Coordinate with schools, churches or other large organizations in the general
vicinity of the construction so they can inform their students, congregation or
staff.

e For work primarily in residential areas, coordinate with trash or other residential
services to prevent disruption of those services during our work.

e Establish a project hotline for the project with a live response 24 hours a day.

3.2 Distribution of Information/Materials
To convey a consistent identity and message throughout the Project, the various
tools for dissemination shall comply with the project branding requirements, as
set forth by the City. At a minimum, the Contractor shall utilize the tools in this
section for information dissemination.

2 City of Glendale Procurement Divieion
© Solicitation Number: RFP 21-38 / 42100041 _| sesowest Glendale Avenue,
Glendale PUBLIC OUTREACH SERVICES - PAVEMENT Glendale ee, 85301
ARIZONA MANAGEMENT PROGRAM ,
3.3 Notices

The Contractor shall prepare and distribute project notices to all
stakeholders and the general public (including those with disabilities or
language challenges), area residences and businesses, and appropriate
public entities, residents, businesses, schools and churches within an area
to be determined by the City, giving attention to language, access and the
needs of other special populations. The notice shall contain, at a
minimum, the following information:

e Name of project
The 24-hour Hotline number
Brief description of project
Project location map
Name of Contractor
Name of Project Consultant
Name of Project Superintendent (Contractor)
Name of Project Manager (City of Glendale)
Construction schedule including anticipated work hours
Traffic regulations including lane restrictions
Any other information as deemed necessary by the Project Manager

The Contractor may print and mail or hand deliver the notices. If mailed
the Contractor will include a list of the names, addresses, and receipt of
postage or delivery for recipients of the notices. Depending on the
complexity of the project the notices may be distributed: weekly, monthly,
quarterly or as needed. When the recipient list changes by 25 percent a
new list shall be delivered to the Project Manager. An electronic version of
the notice shall also be made available on the City’s website and
distributed via email to individuals who have asked to be included in an
email database.

A final draft of each notice shall be submitted to the Project Manager and
the City of Glendale Public Affairs Department for review and approval at
least three (3) working days before the planned distribution.

3.4 Door Hangers/Post Cards/Flyers:
The Contractor may be required to prepare door hangers, post cards or flyers.
The door hangers, post cards, or flyers will either be: a) provided to the City and
Contractor to facilitate distribution: b) the Contractor will distribute door-to-door:
or c) the Contractor will mail. The door hanger, post card, or flyer shall include,
at minimum a brief project description, date/time of activity or disruption, contact
information, and exhibit of project limits.

The door hangers, post cards, or flyers provide short term advance notification to
various homeowners or businesses notifying them of certain planned and
unplanned construction activities or service disruptions, on an as-needed basis.

a City of Glendale Procurement Division
&S Solicitation Number: RFP 21-38 / 42100041 5850 West Glendale Avenue,
PUBLIC OUTREACH SERVICES - PAVEMENT Suite 317
Glendale MANAGEMENT PROGRAM Glendale, Arizona 85301

The door hangers, post cards or flyers shall be for the following types of work and
will be distributed to neighborhoods:

Slurry seal

Crack seal

FAST

ADA improvements

Mill and Overlays

Any pavement treatment that do not include partial full street closures.
(notification to residents on that type of work will fall to the contractor)

3.5 Project Identification Signage:
The City requires Project Identification signs to be installed on all CIP
construction and maintenance projects to increase public awareness. The
Contractor may be asked to supply and install project identification signs upon
direction from the Project Manager.

Requirements:

e Prior to signs being ordered, the proposed sign wording must be approved
by the Project Manager.

e Project identification signs shall comply with the City of Glendale
Construction Sign Specifications

e Signs must be erected level and plumb.

e Prior to signs being installed the Contractor must obtain the appropriate
permits.

e The number of signs shall be determined by the Project Manager.

e Project signs shall be placed at each end of the project limits or as
determined by the Project Manager.

e The Contractor is responsible to replace any missing, damaged or
vandalized signs upon request of the City.

e The Contractor must maintain the signs throughout the duration of the
project at each construction area.

e The Contractor must remove project signs upon completion of construction
and restore the area to a condition equal to or better than before
construction.

3.6 Multilingual/TDD Service:
While developing the communication and outreach efforts the Contractor must
keep in mind the diversity of stakeholders and ensure that methods of
communication meet the needs of those individuals/groups (including those with
disabilities or language challenges). Interpreters, alternative language materials
and presentation styles may need to be considered when communicating with
some stakeholder groups. The Contractor shall be prepared to provide the
following services:
e Provide the capability of responding to telephone calls in English, [Spanish,
other]
e Provide the capability of responding to telephone calls through
Telecommunications Device for the Deaf (TDD) Services.

6

aN City of Glendale Procurement Division
&S Solicitation Number: RFP 21-38 / 42100041 5850 West Glendale Avenue,
Glendale PUBLIC OUTREACH SERVICES - PAVEMENT Glendale Micra 85301
Agila Gms MANAGEMENT PROGRAM ,

e Provide the capability of providing an interpreter, [Spanish, other] to any
public meeting.

e Provide the capability of translating all written materials [Spanish, other].

e These capabilities shall be maintained for both the local telephone number
and the 24-hour Hotline telephone number.

3.7 24-Hour Hotline:
The Contractor will be required to furnish a private telephone Hotline and email
address as a means of receiving community input, answering questions and
prompting possible solutions regarding project related activities. The hotline shall
be available to the public 24 hours a day, 7 days a week, and shall be publicized
in all project information materials and signage throughout the project. The
Hotline must have TDD capabilities and must be a free call for the public.

The answering service shall be manned by the Contractor and/or an approved
answering service, answering machines and pagers are not acceptable. The
Contractor shall maintain a log of incoming calls, responses, and action taken, A
hard copy of the call log, responses and actions taken shall be submitted to the
Project Manager monthly and/or upon request. The Contractor shall maintain a
direct telephone line into the main office during normal business hours. An
answering service is acceptable only after normal business hours, i.e. before 8:00
AM and after 5:00 PM and on weekends. An immediate response is preferable for
all calls. However, all voicemail messages shall be replied to within 24 hours of
receipt, including weekends and holidays.

The Contractor shall provide a summary of all calls and responses to the City at
project close-out.

3.8 Website Information:
The City will host the Pavement Management Program website on the City server.
THE Project Manager may require assistance in updating the City’s website. The
Contractor shall provide all project related public information to the widest
distribution of interested parties on a weekly basis. In crisis situations or other
events where immediate notification is necessary, the Contractor shall provide
content immediately to City for posting to the Pavement Management Program
website. Users will find an array of information on the website including:

e Current project map

District Updates

District Maps

Previous, Current and Future work by District

Frequently Asked Questions

Hotline

3.9 Meetings:
The Contractor will be responsible to attend project meetings weekly to discuss
community impacts and issues. The Contractor may have to attend meetings that
include City Council, Management and/or public meetings for the community.

7

ei City of Glendale CITY OF GLENDALE
© Solicitation Number: RFP 21-38 / 42100041 | [ocntement Division
PUBLIC OUTREACH SERVICES - PAVEMENT Avenue, Suite 317
Glendale MANAGEMENT PROGRAM Glendale, Arizona 85301
ess RESPONSE WORKBOOK

Offeror’s to complete this Response Workbook and submit as their response to this RFP.
COVER SHEET
OFFEROR NAME: MakPro Services, LLC

OFFEROR ADDRESS: 2036 N. Gentry. Mesa, AZ 85213

City of Glendale CITY OF GLENDALE
Solicitation Number: RFP 21-38 / 42100041 Freee tee

PUBLIC OUTREACH SERVICES - PAVEMENT Avenue, Suite 317
Glendale MANAGEMENT PROGRAM Glendale, Arizona 85301
te RESPONSE WORKBOOK

OFFER SHEET (Must be printed, signed and returned)
Offeror certifies that they have read, understand, and will fully and faithfully comply with this

solicitation, its attachments and any referenced documents. Offeror also certifies that the prices
offered were independently developed without consultation with any of the other Offerors or
potential Offerors.

eA Le Water, May 20, 2021

Authorized Signature Date

Teresa Makinen MakPro Services, LLC
Printed Name (Authorized Signatory) Legal Company Name

Principal / Owner Offeror Certifies it is a (check only one):
Job Title (1 Proprietorship [J Partnership &
Corporation

teresa@makprosvc.com 2036 N Gentry
Email Address Mailing Address

480.890.1927 Mesa, AZ 85213
Phone Number City, State & Zip Code

Questions regarding this offer should be directed to (if different from above):

Contact Name Phone Number Email Address

FEDERAL TAXPAYER ID NUMBER (Required): 26-1356439

OFFEROR IS A MINORITY OR WOMEN OWNED BUSINESS: [X] Yes [J No

DO YOU HAVE AN ARIZONA TRANSACTION PRIVILEGE TAX (TPT) LICENSE?

CJ Yes, Number Tax Rate: OR XI No, not required to have an Arizona TPT License
CONFLICT OF INTEREST (SPECIAL NOTICES):

EX No, | do not have a conflict of interest

C1 Yes, | have a conflict of interest and response includes the disclosure required (see Exhibit 1,
Item #3)

ACKNOWLEDGEMENTS:

By signing this Offer Sheet and submitting the accompanying solicitation response, Offeror is
certifying that they have read, understand, and agree to comply with all required terms and
conditions provided in the EXHIBITS PACKAGE and checked off below. Failure to provide this
acknowledgement will result in disqualification.

XX] Exhibit 1 - Special Notices Exhibit 2 - RFP Standard Terms and Conditions

X] Exhibit 3 - Insurance Requirements KX] Exhibit 4 - Template Agreement

City of Glendale CITY OF GLENDALE
G Solicitation Number: RFP 21-38 / 42100041 | [rocntement Division
PUBLIC OUTREACH SERVICES - PAVEMENT Avenue, Suite 317
Glendale MANAGEMENT PROGRAM Glendale, Arizona 85301
oem * RESPONSE WORKBOOK

REQUIRED RESPONSES:

Offeror’s answers to the following questions will comprise the Offeror’s response to this
RFP. It should be noted that all attachments or exhibits prepared by the City and
referenced herein are incorporated by reference into the Offeror’s response and shall be
included in a final contract with the successful Offeror. Information prepared by the
Offeror and submitted with their proposal may be incorporated into a final contract (for
example program offerings, curriculum, key personnel, or performance metrics).

1. EXPERIENCE, PROVEN PERFORMANCE, & QUALIFICATIONS

1.1.\introduce your company, highlight your ability and willingness to meet or exceed
the specifications and requirements of this RFP, and explain why your firm is
most qualified.

MakPro Services, LLC (MakPro) is excited to have this opportunity to continue
working with the City of Glendale on the Pavement Management Program. We
were fortunate to be able to work as part of the initiation of this important
program to help set the standard for what public outreach should include, and we
hope that we've added value to the program for the City and also for the
community. We've also been able to develop great relationships with the
contractors, City staff, and people we work and interact with every day. It's these
kind of relationships that really epitomize what MakPro is about, and we're
blessed to be able to do this kind of work every day . . . and we don't forget that.
We hope to be able to continue our work with Pavement Management and further
develop or expand the communication and outreach program to Glendale
residents, businesses and organizations.

MakPro is a small, veteran-owned, certified woman-owned/disadvantaged
business that has been conducting public outreach for governments and
organizations in the Phoenix Metropolitan area and beyond for almost 23 years,
and more than 16 of those years included projects for the City of Glendale. Our
experience runs the entire gamut of projects, from cradle to grave most times,
whether it be horizontal, vertical, capital, or maintenance, and we look at each
project individually and develop a strategy for outreach designed to fit the needs
of the project and the impacted community.

When it comes to Pavement Management projects, we have extensive recent and
current experience on pavement management projects in several cities
throughout the Valley to include the Town of Queen Creek, Town of Gilbert, City of
Peoria and City of Glendale. In all instances, our pavement management
knowledge and the unique impact each type of pavement application creates is a
skill set we have developed throughout our many years of working with the City of
Glendale and others as they research and test the best pavement applications to
provide long-term benefits for their transportation corridors.

a City of Glendale CITY OF GLENDALE
¢ Cc Solicitation Number: RFP 21-38 / 42100041 cece eeerepvision
. PUBLIC OUTREACH SERVICES - PAVEMENT Avenue, Suite 317
Glendale MANAGEMENT PROGRAM Glendale, Arizona 85301
‘ “ RESPONSE WORKBOOK

Our experience conducting public outreach for the Pavement Management
Program with the City of Glendale is unmatched, and spans as far back as 2009
when we worked on Glendale's Annual Overlay program. Our current experience
over the past many years has afforded us the opportunity to become even more
familiar with Glendale's approach to pavement management and we've become
quite familiar with its many communities, business centers, educational
institutions, and organizations, as we work to communicate project information.
We believe our role is not only to provide information, but to act as a
representative of the City, so we take what we do very seriously. We're not just
sending out information, we're gathering information and institutional knowledge
so that when we receive inquiries we know the history of which streets have been
treated with which process, and can explain these details to residents and
businesses to help them understand the process as well.

We've worked with Glendale's Pavement Management Program when it was just
one contractor at a time doing specific areas, through when it ramped up to three
contractors, and through its evolution to date with five contractors, so we've seen
it grow and we like to believe that our work has helped in its success.

We appreciate the opportunity we've had to be a part of this successful program
and would love to be able to continue this work, as a liaison and sometimes
ombudsman for the residents and businesses of Glendale.

1.2. Offeror shall provide names and years of experience of key personnel, names of
any subcontractors used and years of experience. Identify any bilingual
capabilities.

Anne Morton, project manager for the project, has worked with MakPro for over
11 years and is an invaluable member of the team and the key resource for
Glendale's current Pavement Management Program. She conducts the day-to-day
communications, determines impacted areas and takes appropriate action to
inform them in a timely manner of scheduled work. She also coordinates
accordingly with communities, organizations, the contractor or the City's project
manager. She attends all weekly meetings with the contractor and City of
Glendale staff to understand the upcoming schedule of activities and prepare for
its outreach.

Teresa Makinen, founder and principal of MakPro Services, began the company in
1998, and initiated the Pavement Management Program public outreach
approach with the City of Glendale many years ago. She provides the resources
and staffing, oversight, and coordination with elected officials or management.