Agreement

City of Glendale — Regular Meeting (2022-06-28)

Extracted text (via ocr_local) 45086 characters

PROFESSIONAL SERVICES AGREEMENT
NORTH GLENDALE PARK AND RIDE (FRAC)
PROJECT NO. 212211

This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and Project Engineering Consultants, LLC., a Delaware corporation,
authorized to do business in the State of Arizona,("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”);
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.

11 Professional Services. Consultant will provide all Services necessary to assure the Project is
completed timely and efficiently consistent within Project requitements, 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.

() 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.

on 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, ot 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 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

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:

Consultant and its Subconsultants or Subcontractors will hold all appropriate and requited
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 or issuance of any
Approvals or Debatments, 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.

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

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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, 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.

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

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.

Compensation for the Project.

Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $157,879 as specifically detailed in Exhibit D
("Compensation").

4.1

4.2

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 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.

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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4.4

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

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 prior to the Agreement’s execution, and which policies and procedures will be
furnished to Consultant;

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

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.
Applications.

5.1

5.2

5.3

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.

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

Payment.

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

Payment may be subject to or conditioned upon City's receipt of:

(1) 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.

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.
Termination.
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6.2

City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.

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.

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

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.

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.

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.

Tf 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 or damages to property which may arise 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:

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.

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.

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 $2,000,0000 annual aggregate limit.

Worket’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 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 (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 or 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 required by the Section above must contain,
or 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 atising 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, ot 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.

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 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.

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 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 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, 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 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 right to randomly inspect the papers and records of the other party to ensure that the other
patty is complying with the above-mentioned warranty. The Consultant and subconsultant warrant to keep
their respective papers and records open for random inspection duting 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
tights 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:

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, ift

(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.

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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:

Maek V. Lee

Project Engineering Consultants, LLC
2432 West Peoria Avenue, Suite 1246
Phoenix, Arizona 85029

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 David Beard

5850 West Glendale Avenue, Suite 315
Glendale, Arizona 85301

ith tequited c 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 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.

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 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 warranties not contained in this Agreement will
not be binding on the parties.
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15.

16.

17.

14.2

14.3

14.4

14.5

14.6

14.7

Term.

15.1

15.2

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

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

c. The Agteement 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.

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.

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.

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

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 one (1) yeat, 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.

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 provided under this subsection will continue under the same terms and conditions as in
effect immediately prior to the expiration of the then-curtent 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
coutt having jurisdiction thereof.

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

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

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

ATTEST:

Julie K. Bower (SEAL)
City Clerk

APPROVED AS TO FORM:

Michael D. Bailey
City Attorney

City of Glendale,
an Arizona municipal corporation

By: Kevin R. Phelps
Its: City Manager

Project Engineering Consultants, LLC.,
a Delaware carporation

By . Lee
Its: Pfincipal/Project Manager

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EXHIBIT A
Professional Services Agreement

PROJECT

North Glendale Park and Ride project located at the existing Foothills Recreation and Aquatic Center (FRAC)
parking lot.

See attached

EXHIBIT B
Professional Services Agreement

SCOPE OF WORK

EXHIBIT B
SCOPE OF WORK

CITY OF GLENDALE, ENGINEERING DEPARTMENT

NORTH GLENDALE PARK AND RIDE PROJECT
PROJECT NO. 212211

06/06/2022

GENERAL

This Scope of Work prescribes engineering services to be provided by Project Engineering Consultants,
Ltd., (Consultant) for the City of Glendale (City).

The City desires to construct improvements at the existing Foothills Recreation and Aquatic Center (FRAC)
parking lot to provide a park and ride facility for the existing North Glendale Express bus route at Stop
#17459. The scope of work as included herein will provide design services for the park and ride facility.
Improvements are expected to include a mid-block bus pullout, bus shelter pad, bus shelter, shade canopy
and pad for riders, retrofit of the existing parking lot for parking shade canopies, lighting for the shade
canopies, landscaping design, conduits for future security cameras, etc.

Following is our detailed Scope of Work.

NorTH GLENDALE Park AND RIDE — PROJECT No, 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

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TASK SERIES 100 - PROJECT MANAGEMENT SERVICES

Task 101 — Manage Subconsultants

The Consultant will manage, monitor, and review each subconsultant’s work for timeliness and to ensure
that it meets Project requirements. The Consultant will coordinate and incorporate the information
prepared by the subconsultants into the Project construction documents. The Consultant will review
subconsultant’s progress payments for accuracy and completeness and make payments as provided in
the subconsultant’s agreement.

The Consultant has selected and will retain the services of competent subconsultants who will provide
specialized services for the project as follows:

e ~=CR Engineers
o Electrical service design/modification
Existing lighting modifications
Lighting photometrics
Lighting design
Additional conduits for future electrical, lighting, and solar
Communication conduits
Electrical load calculations
Technical specifications and cost estimate

0000000

Task 102 —- Conduct and Attend Meetings

The Consultant will conduct a total of up to 12 meetings 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. It is anticipated that meetings will be held every two weeks during the
planning and design report stage of the project (total of five (5) meetings). Once the design memorandum
has been approved, it is anticipated that meetings will be held monthly (total of five (5) meetings) through
final design. An additional two (2) random meetings will be included for coordination of items that may
arise during design.

The Consultant will prepare and distribute meeting agenda and minutes to the project team.

Task 103 — Monitor Progress and Prepare Status Reports

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

NORTH GLENDALE PARK AND RIDE — PROJECT No, 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

20F 13

Deliverables

1. Meeting agendas and minutes
2. Project status reports

NORTH GLENDALE PARK AND RIDE— PROJECT NO. 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

3 oF 13

TASK SERIES 200 - PRE-DESIGN PHASE SERVICES

Task 201 — Background Data

Utilities: The Consultant will coordinate with the City to collect available utility quarter section maps and
GIS shapefiles along with other relevant information such as as-built drawings as needed. The Consultant
will also collect third-party utility quarter section maps for all utilities located within the project area. We
will review this information for completeness and to confirm the accuracy of the data. The utility
information provided by the City and owners will be used along with the survey information to prepare a
utility base file for inclusion into the overall project base mapping.

Right-of-Way (ROW): The Consultant will collect available existing ROW quarter section maps from the
City. Lot lines and property boundaries obtained from the City/County will be shown on the topo drawings
for illustration purposes and not for use as legal description. No new right-of-way (ROW) or easements
are anticipated for this project.

Task 202 — Surve’

The topography for the project will be provided using field survey. The Consultant will locate and identify
pertinent above ground features within the street right-of-way including roadway monumentation,
centerline pavement elevations, driveways, raised medians, fences, sidewalks, edge of pavement, traffic
signage, curb, gutter, valve boxes and nut elevations, manhole rim and inverts, utility boxes, irrigation
structures, poles, hydrants, plants, shrubs, and other visible features such as break lines, ditches, and
swales. Horizontal controls will be based on survey benchmarks provided by the City. All survey
information will be tied to established horizontal and vertical control points and will be completed under
the supervision of a registered land surveyor. Base mapping will be provided in AutoCAD.

NORTH GLENDALE PARK AND RIDE— PROJECT No. 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

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TASK SERIES 300 —- DESIGN PHASE SERVICES

This task series includes design services for construction of the proposed mid-block bus pullout, bus
shelter pad, bus shelter, ADA accessible paths, parking shade structures, landscape and irrigation
improvements, geotechnical analysis, and lighting improvements.

Preparation of construction drawings and technical specifications will be as follows:

1. Drafting Standards: The organization and preparation of construction drawings shall be in
accordance with the City’s CADD and drafting guidelines and standards.

2. Design plans will be prepared at a scale of 1” =20’ with construction notes corresponding to the
plan view.

3. Technical Specifications: Technical specifications shall be prepared for items of work not covered
in the City’s supplements to the MAG Standard Specifications, MAG Standard Specifications and
to properly identify work requirements.

The anticipated design plan sheets are included in the following table:

No of
Sheets
Cover 1
Legend, Abbreviations & Key Map
Notes

_-——s«SSheeet Type

Survey Contro!

Site Plan Sheets

Detail Sheets

Structure Detail Sheets
Landscape and Irrigation Sheets

Electrical Sheets

Lighting Sheets

Solar & CCTV Sheets
Geotechnical Sheets (Boring Logs)

Niplalalwln|/sas;alelele

nN
eo

Total Anticipated Plan Sheet Count

Task 301 — Utility Coordination

The Consultant will identify, investigate, and confirm facility conflicts associated with the project design
and assist those utilities in conflict with mitigation for clearance. PEC will perform quality level C utility
investigation; utility designation and potholes are not included. PEC will submit a utility coordination
matrix to the City. PEC will submit one set of coordination plans to each utility owner periodically during
the design. Final construction documents submitted to the City will include utility clearances received
from each affected utility.

NORTH GLENDALE PARK AND RIDE — PROJECT No. 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

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Task 302 — Design Memorandum (30% Design)

The Consultant will prepare a Design Memorandum that presents all information relative to the park and
tide. Included will be background information, evaluation of bus pullout location, taper lengths, and
overall configuration, methodology for placement of parking lot shade canopies, methodologies for
placement of rider shade canopies and pads, ADA evaluation of facilities/needs, evaluation of lighting
concepts, landscaping, constructability analysis, utilities, and other items.

The Consultant will develop a performance specification for shade canopies, shade canopy foundations,
lighting, and lighting foundations.

A preliminary Design Memorandum will be submitted to the City for review. Review comments from the
City will be incorporated into the final memorandum as appropriate and submitted to the City for
approval. The project design will be based on the memorandum.

Task 303 — Design

The project design will be based on the approved Final Design Memorandum. No formal progress
submittals will be prepared for this project. Instead, updated design plans and technical specifications will
be transmitted to the project team and reviewed and discussed in monthly meetings. The design will
progress based on discussions in the monthly meetings with the City and members of the project team.
As the design progresses towards final design, all conflicts will be resolved and the work will be shown in
sufficient detail that a contractor can recognize work elements and requirements for construction with
the effort that needs to be completed. The technical specifications for each discipline will be coordinated
and will have progressed where the design intent is established. All utilities will be shown and the plans
will become the mechanism for utility coordination with utility departments and companies.

The Consultant will provide performance specifications requiring the contractor to obtain canopy design
and structural component and foundation designs from the suppliers/manufacturers. Minor structural
details will be provided by the Consultant as needed.

Comments from the City and/or design team will be discussed in the monthly meetings and the
construction plans and technical specifications updated as appropriate based on the results of the
discussions.

The set of drawings will include a cover sheet and an index sheet in addition to the following:

Notes sheet

Key map sheet

Survey control sheet

All facilities are shown and located

Applicable details in plans are complete

e Applicable landscape and irrigation details are complete
e Applicable structural details are complete

e Design calculations are complete

NORTH GLENDALE PARK AND RIDE ~ PROJECT No. 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

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e Technical Specifications are essentially complete
e® Develop opinion of probable construction costs
e QA/ac

The Consultant will prepare final sealed drawings and technical specifications. All such documents will be
complete and ready for construction pricing of the work. All QA/QC will be completed, and the
construction documents made ready for submittal to the City. It is assumed that this project will be
constructed via low bid.

Task 304 —- Cost Estimate

The Consultant will prepare an opinion of probable construction cost as the design progresses to final
completion. An opinion of probable construction cost at final design completion will be prepared that is
an update to the opinion prepared on previous submittals. Appropriate amounts for contingency and
inflation will be included in the opinion of construction cost to reflect anticipated conditions at the time
of construction.

Deliverables:

1. Electronic PDF files of preliminary and final Design Memorandum.
2. Electronic PDF files of all construction documents and cost estimate.

NorTH GLENDALE PARK AND RIDE — PROJECT No. 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

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TASK SERIES 400 - CONSTRUCTION PHASE SERVICES

This task series includes providing limited construction administration and inspection services for this
project. It is assumed that the construction will take up to 120 calendar days to complete. The hours
included for field inspector assumes 8 hours per week of inspection time. Following are detailed task
descriptions.

Task 401 — On-Site Inspection and Review of Work

An inspector will be furnished by the Consultant to maintain a periodic presence at the project site for the
contractor’s assumed completion time. Through on-site observations of the work-in-progress and field
checks of materials and equipment, the Consultant will endeavor to provide protection for the City against
defects and deficiencies in the work of the Contractor and to ensure the following:

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

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

3) Provide support to the City’s inspector as needed. The furnishing of such project
representation will not make the Consultant responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions or programs, or for the
Contractor's failure to perform their work in accordance with the contract documents.

Task 402 — Interpretation of Construction Documents

The Consultant will receive and transmit clarifications and interpretations of the construction documents
as requested by the City’s inspector or other representative. Clarifications from the Consultant will be
provided to the City with the understanding that the City will forward the direction to the Contractor.

Task 403 — Submittals, Shop Drawings, and Test Results

The Consultant will receive, review, evaluate, and distribute (or take other appropriate action in respect
of) submittals, shop drawings, samples, test results, and other data which Contractor is required to
submit. The Consultant’s review shall be for conformance with the design concept of the project and
compliance with the information given in the construction documents. Such review or other action shall
not extend to means, methods, sequences, techniques, or procedures of construction selected by
Contractor(s), or to safety precautions and programs associated thereto.

The Consultant will maintain a submittal log showing dates of submittal, transmittal action to other

subconsultants, dates of return and review action. Copies of the log shall be furnished to the City and the

NorTH GLENDALE PARK AND RIDE — PROJECT NO. 212211
PROJECT ENGINEERING CONSULTANTS, LTD.

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