Agreement

City of Glendale — Regular Meeting (2021-08-10)

Extracted text (via ocr_local) 42943 characters

PROFESSIONAL SERVICES AGREEMENT
75th Avenue Reconstruction, Glendale to Northern Avenues
Project 202122

This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and Entellus, Inc., an Arizona corporation, ("Consultant") as of the
day of 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”);

C. 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.

11 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.

(1) 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 Manager 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.

c. 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 ot 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.

Subcontractors.

(1) Consultant may engage specific technical contractors (each a "Subcontractor") to
furnish certain service functions.

(2) Consultant will remain fully responsible for Subcontractor's services.
(3) Subcontractors must be approved by the City.

(4) Consultant will certify by letter that all contracts with Subcontractors have been
executed incorporating requirements and standards as set forth in this Agreement.

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

Consultants Work.

3.1

3.2,

3.3

3.4

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:

Om!

ordinati

Consultant and its Subconsultants or Subcontractors will hold all appropriate and required
licenses, registrations and other approvals necessary for the lawful furnishing of Services
("Approvals"); and

Neither Consultant nor any Subconsultant or Subcontractor 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 ascertain or confirm the existence of 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.

jance.

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, watrants compliance with this section.

ion.

For projects that the City believes requires the coordination of various professional
setvices, Consultant will work in close consultation with City to proactively interact with

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3.5

any other professionals retained by City on the Project ("Coordinating Project
Professionals").

Consultant will meet to review the Project, Schedule 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.

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.

Ownership. Upon receipt of payment for Services furnished, Consultant grants to City,
and will cause its Subconsultants or Subcontractors to grant to the City, the exclusive
ownership of and all copyrights, if any, to evaluations, reports, drawings, specifications,
project manuals, surveys, estimates, reviews, minutes, all "architectural work" as defined in
the United States Copyright Act, 17 U.S.C § 101, et seq., and other intellectual work product
as may be applicable ("Work Product").

(1) This grant is effective whether the Work Product is on papet (e.g, "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.

Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.

City Use.
(4) 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.

4.1

4.2

4.3

Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $192,033.72 as specifically detailed in Exhibit D

"Compensation").
Pp

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

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

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

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.

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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.

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

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

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

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

a. Mileage, airfare, lodging and other travel expenses will be reimbursable only to the extent
these would, if incurted, 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.

5.4 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:

@) Completed work generated by Consultant and its Subconsultants and
Subcontractors; and

(2) Unconditional waivers and releases on final payment from all Subconsultants and
Subcontractors as City may reasonably request to assure the Project will be free of
claims arising from required performances under this Agreement.

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

Applications.

If the Payment Application is rejected, the Project Manager will issue a written listing of
the items not approved for payment.

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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.

6. Termination.

6.1 Fort 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 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 provision 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.

7. Conflict. Consultant acknowledges this Agreement is subject to A.RS. § 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.

8. Insurance. For the duration of the term of this Agreement, Consultant shall procure and maintain
insurance against claims fot injuries to persons or damages to property which may atise from or in
connection with the performance of all tasks or work necessary 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
occurtence 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 ot services performed by Consultant,
of 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 $2,000,000 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.

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8.2

8.3

8.4

8.5

Indemnification.

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 Patties") 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 (Le. 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 ot omissions (including any Subconsultant or
Subcontractor or other person or firm employed by Consultant), whether sustained before
or after completion of the Project.

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.

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,
ot be endorsed to contain the following insurance provisions:

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
ot equipment furnished in connection with any tasks, or work performed by Consultant or
on its behalf and for liability arising from automobiles owned, leased, hited ot 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.

For any claims related to this Project, the Consultant’s insurance coverage shall be
primary insurance with respect to the City, its officers, officials, employees, and
volunteers. Any insurance ot 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.

Each insurance policy required by this Section shall provide that coverage 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 effect 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).

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10.

11.

8.6 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 teceived 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 prior 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 right 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.

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

8.8 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, ptior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project ot the insurer.

E-verify, Records and Audits. To the extent applicable under ARS. § 41-4401, the Consultant warrant
their compliance and that of its subconsultants with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.RS. § 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 right 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 Istael. 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 ptepaid), 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

165) 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; of

(2) As of the next business day after receipt, if received after 5:00 p.m.

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14.

12.2

The burden of proof of the place and time of delivery is upon the Party giving: the Notice.

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

Representatives.

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:

Bill Linck, Sr. Vice President
3033 North 44* Street, Suite 250
Phoenix, Arizona 85018

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 David D. Beard, City Engineer
5850 West Glendale Avenue, Suite 315
Glendale, Arizona 85301

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

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 more 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.

Changes. Consultant ot 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

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

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

Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the patties.

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.

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16.

17.

14.2 Interpretation.

a. The parties fairly negotiated the Agreement's provisions to the extent they believed
necessary and with the legal tepresentation 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.

14.3. 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.

14.4 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.

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
ot 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
two (2) year initial period. The City may, at its option and with the approval of the Consultant,
extend the term of this Agreement an additional two (2) one (1) year terms, 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 vendot to provide the services/matetials 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 provided 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.

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

Exhibit A Project
Exhibit B Scope of Work
Exhibit C Schedule

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Exhibit D Compensation
The parties 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 Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

Entellus, Inc.,

an Arizona co! tion
Uy. 4,
l Coad
By: Bill Linck

Its: Senior Vice President

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4/29/2021

EXHIBIT A
Professional Services Agreement

PROJECT

See attached

El 3033 Nv. 44th Street, Suite 250, Phoenix, AZ 85018
(602) 244-2566 engineers@entellus.com
www.entellus.com

75 Avenue Improvements
Glendale Avenue to Northern Avenue
Entellus Project No. 340.069D

EXHIBIT A

Project Description

The City of Glendale (City) and Entelius (Consultant) recently completed a Preliminary Engineering Report (Report) for the
proposed project. The Report documented design alternatives and summarized what each alternative includes, advantages
and disadvantages to proposed alternative, including budgetary cost estimates.

The project team developed two alternatives for 75 Avenue to narrow in on a preferred design. The alternatives were
presented to the City and reviewed by staff during two work sessions. The alternatives were:

e Alternative A — A simple roadway cross section to reconstruct to minimum major street standards including ADA
upgrades. No bus bays, turn lanes, or any improvements requiring additional right-of-way are anticipated.

e Alternative B — An alternative that includes all desirable improvements, such as bus bays, bike lanes, dedicated
turn lanes and raised medians.

The project team developed a hybrid preferred alternative for 75th Avenue. The alternative included elements from both
Alternatives A and B. The City staff, with input from management, reviewed and selected the preferred features for the
corridor.

The City has selected Entellus, inc for design consultant services and the preparation of construction documents for the
preferred alternative of 75% Avenue from Glendale Avenue to Northern Avenue. Included in the scope will be new
pavement, medians, right turn lanes, curb ramps, traffic signal and lighting relocation, signing and striping, and minor
utility relocations.

See attached

EXHIBIT B
Professional Services Agreement

SCOPE OF WORK

75% Avenue — Glendale Ave. to Northern Ave.
Scope for Design Services

SCOPE FOR DESIGN SERVICES
75‘ Avenue — Glendale Ave. to Northern Ave.
Project No. 340.069D
Exhibit B

April 30, 2021

Project Description

The City of Glendale (City) and Entellus (Engineer or Consultant) recently completed a
Preliminary Engineering Report (Report) for the proposed project. The Report documented
design alternatives and summarized what each alternative includes, advantages and
disadvantages to proposed alternative, including budgetary cost estimates.

The project team developed two alternatives for 75% Avenue to narrow in on a preferred design.
The alternatives were presented to the City and reviewed by staff during two work sessions. The
alternatives were:

e Altemative A — A simple roadway cross section to reconstruct to minimum major street
standards including ADA upgrades. No bus bays, turn lanes, or any improvements
requiring additional right-of-way are anticipated.

e Altermative B — An alternative that includes all desirable improvements, such as bus bays,
bike lanes, dedicated turn lanes and raised medians.

The project team developed a hybrid preferred alternative for 75" Avenue. The alternative
included elements from both Alternatives A and B. The City staff, with input from management,
reviewed and selected the preferred features for the corridor.

The City has selected Entellus, Inc for design consultant services and the preparation of
construction documents for the preferred alternative of 75% Avenue from Glendale Avenue to
Northern Avenue. Included in the scope will be new pavement, medians, right turn lanes, curb
ramps, traffic signal and lighting relocation, signing and striping, and minor utility relocations.

Design Services Objective

This Exhibit describes the scope of services and the responsibilities of the Engineer and the City
in connection with the design requirements and preparation of a complete set of construction
documents and any necessary special documents for the 75% Avenue Improvements, Glendale
Avenue to Northern Avenue.

The Engineer will perform the engineering services required to prepare a set of construction
documents which consist of topographic assessment, data collection, utility coordination, site

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visit, ADA evaluation, cost estimates, specifications, and other project features as may be
identified by the City.

The proposal also includes allowances to perform Geotech pavement analysis, street lighting and
traffic signals, landscaping design, potholing, public meeting support and other services as
requested by the City.

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th _
GI en J all e 75 Avenue — Glendale Ave. to Northern Ave.

Scope for Design Services

TASK SERIES SUMMARY

Task Series 100 — Project Management Services During Design
Task 101 — Manage Sub-Consultanis ....
Task 102 — Conduct Meetings
Task 103 — Monitor Progress and Prepare Status Reports
Task Series 200 — Data Collection and Research..........
Task 201 — Topographic Assessment.....
Task 202 — Existing Mapping / Bluestake.....scscssceecsee etter 6
Task 203 — Field Visit
Task 204 — Data Research
Task 205 — ADA Compliance Evaluation ..
Task Series 300 — Utility Coordination
Task 30] — Utility Coordination ...csseccsvcecsiseeiee ete ete et et te A A Ee 8
Task 302 — City of Peoria Coordination
Task Series 400 — Design Development.
Task 401 — 60% Submittal
Task 402 — 90% Submittal
Task 403 — 100% Submittal
Task 404 — Opinions of Construction Cost...
Task 405 — Technical Specifications ....c.ssiscsscesceee sess eee ee eee tt eB 0
Task Series 500 — Allowances
Task 501 — Street Lighting and Traffic Signal Design Services (Greenlight) ..
Task 502 — Geotechnical Services (ACS)
Task 503 — Landscaping Design Services... ee tenet ee 13
Task 504 — Public Relations / Coordination
Task 505 — Potholing
Task 506 — Printing & Reproduction....
Task 507 — Additional Services as Requested ...csecscsscssseseees ee ss teen eee ee eee ese 14

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GS
A 75 Avenue — Glendale Ave. to Northern Ave
Glendale ” . .

ABE OHS . Scope for Design Services

Task Series 100 — Project Management Services During Design

The Engineer will perform project management services as described in the following subtasks:

Task 10] — Manage Sub-Consultants

The Engineer will select and secure services of those firms providing specific or specialized
design services for the Project as accepted by the City in the fee proposal. The Engineer will
prepare the scope of services performed by each sub-consultant and monitor the sub-consultant’s
work for timeliness and that it meets Project requirements. The Engineer will coordinate and
incorporate the drawings and specifications that are prepared by the sub-consultant(s) into the
Project construction documents. The Engineer will review sub-consultant’s progress payments
for accuracy and completeness and make payments as provided in the sub-consultant’s
agreement. It is assumed that the Engineer will spend two (2) hours a month on this task during
the design phase of this project.

Task 102 — Conduct Meetings

The Engineer will conduct meetings and/or workshops with City staff to discuss specific
technical aspects of the design; progress in the development of the design, drawings, and
specifications; and related issues that may affect Project results. The meetings or workshops will

consist of the following:

e Attend Kick-off Meeting with Project Manager and City staff.
Conduct the Design Review Meeting at the conclusion of each design progress
deliverable (60% and 90%) period.

e Attend up to two (2) additional Project Meetings and/or meetings with the residents as
called for by the City.

The Engineer will prepare and distribute meeting agenda and document meeting minutes for
each meeting and workshop.

It is assumed that each meeting will be in person and last up to two (2) hours, and that the
Engineer will need to prepare for the meeting and provide documentation of information
presented at the meeting.

Task 103 — Monitor Progress and Prepare Status Reports

The Engineer will report the progress of design activities through the use of a computer-based
Project management and scheduling system, which includes all major work activities. The
Engineer will update and review the design schedule and deliverables with the City monthly.
Progress and schedule tracking will consist of:

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Yi
(Ci
75 Avenue — Glendale Ave. to Northern Ave.
ARIERWA Scope for Design Services

It is assumed that the Engineer PM will spend two (2) hours a month on this task during the
design phase of this project.

Assumptions:
e Itis assumed that the City will communicate with the sub-consultants through the
Engineer.

© It is assumed the design effort will have four (4) meetings or workshops at two hours
each plus time to prepare meeting materials and meeting results. Task 102 is not intended
for the Engineer’s private internal staff meetings.

City Input:
e The City will acknowledge the list of sub-consultants to be used by the Engineer and
state any objection if necessary.
e The City will have representation at progress/review meetings and workshops and
provide input and feedback.
© The City will review and provide comments on status reports and progress schedules.

Deliverables:
e Design and deliverable schedule
e Meeting and workshop agenda and documentation of meeting results
e Reports on design progress and estimates for cost

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as
G 75'> Avenue — Glendale Ave. to Northern Ave.
Glendale

Scope for Design Services

Task Series 200 — Data Collection and Research

The following tasks shall be completed prior to production of detailed construction drawings.

Task 201 — Topographic Assessment

The Engineer will provide topographic surveying of 75 Avenue from Glendale Avenue to
Northern Avenue, approximately 5,430 linear feet. The Engineer anticipates obtaining cross
sections for the full width of the existing and proposed right-of-way which will allow us to have
a better understanding of the terrain. The survey cross sections will be obtained every 50 feet and
will include the road centerline, edge of pavement, top and bottom of ditches and any other
hardscape found in the area, such as existing power poles, driveways, signs, traffic signals, water
valves, manhole rims, culverts, fire hydrants, trees, culvert headwalls, etc. Adequate driveway
information will be collected to meet design requirements.

This task will include the following:

Project control survey

Topographic survey (total station)

Existing manhole inverts / water valve nuts (assume 25)
Centerlines & right-of-way generation

Topographic survey 300 feet in all directions at intersections

wed

Task 202 — Existing Mapping / Bluestake

The Engineer shall contact Bluestake and obtain a list of existing utilities that are within the
project limits. The Engineer will reach out to each one of those utility companies with any
infrastructure in the project area to obtain their mapping and confirm there are no other new
utilities or facilities that may affect this project. The Engineer will review this information and
will utilize it to prepare the CAD basemap, which will be the basis of the plan and profile
sheets.

Task 203 — Field Visit

The Engineer shall conduct one (1) site visit to review the topographic survey data, assess
general conditions of the project area, and review drainage and utility features.

Task 204 — Data Research

The Engineer will conduct research of available City records to obtain any as-built / record
drawing information that may have an impact within the project limits.

Task 205 — ADA Compliance Evaluation

The Engineer shall evaluate existing concrete flatwork (sidewalks, driveways, ramps, etc) that is
anticipated to remain in place on the west and east side of 75" Avenue for ADA compliance. The

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wane

z 75‘ Avenue — Glendale Ave. to Northern Ave
Glendale . f _
i Scope for Design Services

BZ ON A

Engineer shall propose improvements that will minimize utility relocation and/or minimize right-
of-way acquisition, while meeting the intent of the ADA guidelines. The Engineer will prepare a
report indicating the findings and recommendations for this project related to ADA compliance.

Assumptions:
e Aerial mapping for photos and/or topography and contours are not included in this scope

© The Engineer will obtain the City’s existing utility mapping. Any expenses associated
with reproduction will be reimbursed by the City.

City Input:
e The City will confirm the limits of the survey

Deliverables:
e CAD Basefiles
e ADA Compliance Report
e Record of survey signed and sealed by a Professional Engineer

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