Agreement

City of Glendale — Regular Meeting (2022-06-14)

Extracted text (via ocr_local) 47895 characters

PROFESSIONAL SERVICES AGREEMENT
PROJECT 212215
DESIGN FOR HAWK AT 53RD AND CAMELBACK ROAD

This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and Jacobs Engineering Group, Inc., a Delware corproation,

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.

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.
(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
tequest 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.

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,
cate, 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 wartants that:

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 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 Agreements 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
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 paper (¢.g., a "hard copy"),
in electronic format, or in some other form.

(2) Consultant warrants, and agtees 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.

4.1

4.2

4.3

Compensation. Consultant's compensation for the Project, inchading those furnished by its
Subconsultants or Subcontractors will not exceed $63,770.00 as specifically detailed in Exhibit D
("Compensation").

Change in Scope of Project. ‘Ihe 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
ptiority 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 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.

5.1

5.2

5.3

Applications.

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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6. Termination.

6.1

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.

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.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.

8. 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 requited 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,
of anyone employed by Consultant, or anyone for whose acts, mistakes, ertors 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.

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 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 (i.e. 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 ot 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 ot 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 Patties 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,
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
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.

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.

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 watve 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.RS. § 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
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 tights 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
cettify 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:

(i) 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
setvice; ot

(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:

Troy Sieglitz, Authorized Signer

Jacobs Engineering Group, Inc.

1501 West Fountainhead Parkway, Suite 401
Tempe, Arizona 85282

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 Dan Gerhard

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
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 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.

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.

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16.

17.

14.2

14.3

14.4

14.5

14.6

14.7

Term.

15.1

15.2

G Inconsistencies between the solicitation, any addenda attached to the solicitation, the
tesponse 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 parties 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 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.

Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or mote right or remedy will not affect any other rights or remedies under this Agreement
ot 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 tetm of this Agreement commences upon the effective date and continues for a
one (1) 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), 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-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 ate 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.

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

Jacobs Engineering Group, Inc.,
a Delaware corporation

By: Troy Sieglitz
Its: Authorized Signer

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EXHIBIT A
Professional Services Agreement

PROJECT

212215 - DESIGN OF HAWK AT 53RD AVE AND CAMELBACK

EXHIBIT B
Professional Services Agreement

SCOPE OF WORK

Final Design of HAWK at 53rd Ave and Camelback - Attached

vacobs

City of Glendale Contract No.: XXXXX
53" Avenue and Camelback Road Improvements
Scope of Work -Traffic Signals, Signing, and Pavement Marking
Jacobs Engineering Group Inc.

May 11, 2022

|. SCOPE OF WORK

Project Description

This project is to add a HAWK pedestrian hybrid beacon at the intersection of 53 Avenue and
Camelback Road in the City of Glendale, Arizona. The project includes the design of the traffic
signal, signing, pavement marking, and ADA pedestrian ramp design to facilitate pedestrians to
cross Camelback Road near 53 Avenue.

Scope of Work
On this project, Jacobs will provide the following roadway and traffic engineering design
services, to the City:

e Pedestrian Hybrid Beacon (HAWK) design
¢ Signage and Pavement Marking Design
e Pedestrian Ramp Design
Traffic Control
Our design services include the following tasks:

Task 1: Project Administration, Meetings and Coordination

This includes coordination with the Project Team, a kick-off meeting, and project team
meetings.

The following meetings are included:
e (1) Project kickoff meeting
e (10) Progress meetings with project team

Jacobs will prepare the meeting agenda and meeting notes and will distribute to the City and
project team.

Task 2: Traffic Signal and ADA Ramp Design

Under this task, Jacobs will prepare the 60% and 100% design packages including traffic
signal plans, special provisions and cost estimate (PS&E) per the City of Glendale Traffic
Signal and ITS standards, City of Glendale Engineering Design and Construction Standards,
specifications, City of Glendale Traffic Signal Design Guidelines, CADD standards for the

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following design elements:
e Pedestrian Hybrid Beacon (HAWK) design
e Two single-curb ramps
e SRP Power Service and Coordination

Jacobs will submit AZ 811 tickets to consider existing utilities in the project area in the design
process and ensure that the proposed improvements do not conflict with the received utility
information.

Task 3: Signing and Pavement Marking Design

Under this task Jacobs will prepare the 60% and 100% design packages including signing and
pavement marking plans, special provisions and cost estimate (PS&E) per the City of
Glendale Signs and Pavement Markings standards, specifications, City of Glendale City of
Glendale Engineering Design and Construction Standards and CADD standards for the
following traffic engineering design elements:

e Signing
e Pavement Marking

Task 4: Traffic Control

Under this task, Jacobs will prepare the 60% and 100% design packages including traffic
control plans, special provisions and cost estimate (PS&E) per the City of Glendale standard
drawings, specifications, City of Glendale City of Glendale Engineering Design and
Construction Standards, Traffic Barricade Manual (City of Phoenix), CADD standards for the
following design elements:

e Traffic control plans
Task 5: Data Collection
Our sub-consultant, Terrascape, will perform a detailed topographical survey of the project
intersection. A copy of their scope of work is included in Appendix A.
Deliverables

Jacobs will submit the plans (11x17), special provisions and estimate (PS&E) electronically to
the City for their review and commenting. After the City’s review of each of the PS&E
package, Jacobs will develop an initial response to City’s comments. Following the comment
resolution, a final resolution of comments will be developed and incorporated into the next
design stage, as appropriate. Jacobs assumes that City will provide the as-builts at the
project intersection.

EXCLUSIONS
The following items are excluded from our scope of work:

Traffic study and traffic analysis for this project are excluded and will not be done. Photometric
analysis, drainage analysis/calculations, right-of-way coordination, and environmental analysis

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vacobs

are excluded from this project. No Utility relocation is anticipated in this project. Post Design
Services will be included in the project as an allowance upon the City’s request (our fee
schedule is good through December 31st, 2022, and a 4% escalation will apply annually on
January 1 of each year).

ENGINEER’S ESTIMATE

Jacobs developed a preliminary estimate of construction cost for the proposed improvements.
Our opinion of the construction cost is approximately $215,000 (with a 15% contingency).

SCHEDULE

The design schedule for the project is anticipated to be for 5 months, with the project's
submittal dates as shown below:

e Project NTP: June 1, 2022
e 60% Submittal: September 14, 2022
e 100% Submittal: October 26, 2022

This tentative schedule assumes that the City provides all consolidated comments on each
submittal package within ten working days of receiving the Jacobs submittal. A detailed
schedule will be prepared upon receiving the NTP and submitted to the City for review and
approval.

FEE

See the attached Cost Proposal and Fee Breakdown for the proposed scope of work.

Page | 3

yvacobs

Appendix A

Survey Proposal (Terrascape)

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Psa" Terrascdioe

civil engineering « surveying = urban planning

May 10, 2022
Vinay Vanapalli

Jacobs
1501 W. Fountainhead Parkway, Ste. 401
Tempe, AZ 85282

RE: | Topographic Survey
Glendale Intersections
59th Ave. / Northern Ave. and 53 Ave. / Camelback Rd.
City of Glendale, AZ
TSC File No. 1427

Mr. Vanapalli,
In accordance with your request, | have prepared this proposal which outlines your
requested survey services. The below tasks and associated fees are required to provide

you with a topographic Survey for the 2 intersections referenced above.

The specific items to be included are as outlined below and as reflected on the
attached Table ‘A’ document.

SCOPE OF SERVICES

Survey:

Topographic Field Survey
Terrascape will establish horizontal and vertical survey control for the project site. We will
then collect horizontal and vertical topographic survey data, to include all hardscape
improvements, and above ground utilities contained within the right of ways and within
150' feet of the above referenced intersection to include curbs, medians, lane lines,
sidewalk ramps, existing signal poles, elevations of sidewalk ramps, curbs and medians
within the project limits.

Existing Conditions Map
Terrascape will compile and process all collected survey date and provide an AutoCAD
.dwg file to include all survey data and an existing ground surface for the project area.
Deliverable will include:

e AutoCAD .dwg file
e Survey point file in .csv format
e Survey code list

LISTEN BUILD

645 E. Missouri Ave. Suite 160, Phoenix, Arizona 85012 « 602.297.8732

Jacobs May 10, 2022
Page 2

Survey Services Proposal

Topographic Survey

TSC File No. 1427

Underground Utility Research / Mapping

Terrascape will research the utilities within project area, contact utility providers and the
City of Glendale, and map the available information within the existing condition map.

Note - response time from utility providers can take up to six weeks from the date of
information request.

FEE SCHEDULE

Survey:
1.01 59th Ave. & Northern
1.02 53 Ave. & Camelback...

... $4,500.00
.- $4,500.00

ASSUMPTIONS/EXCLUSIONS

a. Any work that is not specifically outlined within this proposal is not included.
b. Additional services that are not outlined herein can be provided on a T&M basis
in accordance with Appendix ‘A’.

If a signed agreement, based upon this proposal is not consummated within thirty (30)
days of this date, we reserve the right to revise the terms and conditions contained
herein. Please acknowledge your acceptance of our proposal by signing and/or
initializing Appendix ‘A’ & ‘B’ where indicated, and return the executed copy to our
office.

Thank you for considering Terrascape Consulting to meet your technical consulting
needs. Should you have any questions regarding the enclosed, please feel free to
contact the undersigned at your convenience.

Sincerely,

Terrascape Consulting, LLC

Mitchell Ragsdale, R.P.L.S.
Principal - Survey Manager

M:\_PENDING PROJECTS\1427_JACOBS_GLENDALE INTERSECTIONS_GLENDALE\ADMIN\PROPOSALS\P_1427_JAC 'OBS_GLENDALE INTERSECTIONS.DOC

terrascapeconsulling.com AAT La

Initials

Appendix A

Rate Schedule

Principal
Senior Project Planner...
Project Planner...
Senior Project Manager.

..$ 190.00

Project Managev.... .$ 175.00
CAD Manager........ ...$ 135.00
Engineer IV....... .$ 155.00
Engineer Ill ..$ 140.00
Engineer Il. ..$ 125.00
Engineer | ...$ 110.00

Technician lil... «$110.00
Technician ll. ..$ 90.00
Technician l.. .. $ 70.00
Survey Crew $ 150.00

Survey Project Manager
Registered Land Surveyor...
Project Coordinator..........
Administrative Assistant sees
Legal Description & Exhibit (20 course max.)...

Review & Execution of Lender Assignments .
Consultants as Subs

~...§ 800.00/Each
$ 700.00/Each
.Cost plus 20%

Disbursements... . Cost plus 15%
Credit Card Processing Fee sees 3. 5% of Invoice Amount
MICE we eceeseesscsteseereeateeeereneee $0.585/mile

.$ 2.00/F#2
$ 0.50/FI2

Color Map Printing by TSC......
Black & White Map Printing by TSC..

Initials

Appendix B

TERMS AND CONDITIONS

1. Terrascape Consulting, LLC (TSC) Responsibilities

11 TSC shall provide the professional services outlined in
the Scope of Services of the signed proposal or any other services ordered
by the client whether or not in writing and any professional services
performed reasonably related to any proposal that is executed between
the client and TSC.

12 TSC represents that the services shall be performed
in a manner consistent with that level of care and skill ordinarily exercised
by professional engineers, surveyors, or landscape architects, as the case
may be, under similar circumstances. Terrascape will correct errors or
omissions in their work at no additional fee.

2. Client Responsibilities

21 The Client will be responsible to provide accurate
information to TSC as to Client's requirements for the project. Client will
assist TSC by providing all available information pertinent to the site of the
project, including previous reports and any other data relative to design
and construction of the project.

2.2 TSC will not be responsible or liable for reliance upon
inaccurate and/or incomplete information provided to TSC by Client.
Client shall guarantee access to and make all provisions for TSC
employees or agents to enter onto public and private lands as may be
required from time to time to perform the engineering services outlined.

23 If during any phase of the project {including
construction}, Client discovers or is made aware of changed site or other
conditions which necessitate additional engineering investigation, design
modification or other amendments to plans, specifications, estimates or
other work product prepared by TSC, Client agrees to notify ISC and
make them aware of the changed conditions.

3. Documents & Diail ita.

31 All documents prepared by TSC or on behalf of TSC.
in connection with the project are instruments of service for the execution of
the project. TSC retains the property and copyright in these documents,
whether the project is executed or not. Payment to TSC of the
compensation prescribed in this agreement shall be a condition precedent
to the clent's right to use documentation prepared by TSC. These documents
may not be used for any other purpose without the prior written agreement
of SC. The clent shall have a permanent non-exclusive, royalty-free license to
use any concept product or process which is patentable or capable of
trademark, produced by or resulting from the services rendered by TSC in
connection with the project, for the life of the project. In the event TSC's
documents are subsequently reused or modified in any material respect without
the prior consent of TSC, the client agrees to indemnify TSC from any claims
advanced on account of said reuse or modification. Client agrees that TSC
has no duty to retain any copies of Work Product affer such Work
Product has been delivered to and accepted by Client.

3.2 TSC shall have the right to stop work and withhold
the filing of any and all documents with any board, government agency,
municipal agency, or any other board until such times as past due fees
have been paid for prior services rendered and, in addition, such filing
fees have been received, as are required to be paid to such agency.

3.3 In accepting and utilizing any drawings, reports and
data on any form of electronic media generated and furnished by TSC.
Client covenants and agrees that all such electronic files are instruments of
service of TSC, who shall be deemed fhe author, and shall retain all common
law, statutory law and other rights, including copyrights. Client agrees not to
reuse these electronic files, in whole orin part, for any purpose or project other
than the project that is the subject of this Agreement, without first receiving
written consent from Terrascape Consulting; such consent shall not be
unreasonably withheld. Client agrees not to transfer these electronic files
to others without the prior written consent of TSC. Client further agrees to
waive all claims against TSC resulting in any way from any unauthorized
changes or reuse of the electronic files for any other project by anyone
other than TSC.

3.4 Client is aware that differences may exist between
the electronic files delivered and the printed hard copy construction

Initials Initials

documents. In the event of a conflict between the signed construction
documents prepared by TSC and electronic files, the signed and
stamped or sealed hard copy construction documents shall govern. In
addition, client agrees, to the fullest extent permitted by law, to
indemnify and hold harmless TSC, its officers, directors, employees,
agents and sub-consultants against all damages, fiabilities or costs,
including reasonable attorneys’ fees, court costs and defense costs,
arising from the use of the electronic files.

3.5 Client shall pay for all copies of Work Product
[including any plans, plats, surveys, reports, and exhibits) provided to Client,
govemmental agencies, uliity companies, or others at Client's direction.
Client shall pay for such copies at TSC's then prevailing rates for copies
produced ir-house, and at cost plus for copies produced by others.

4. Payment

4.1 Invoices will be billed monthly for services rendered
during the prior month(s}. Unless otherwise agreed upon in writing, invoices
are due upon receipt. Amounts outstanding in excess of 30 days will
accrue interest of one and one-third percent (1.33%} per month (but not
exceeding the maximum rate allowable by law) will be payable on any
amounts not paid 30 days following the due date, Project retainers will be
held and applied to the final invaice(s) associated with the contracted
services. Should early termination of the project occur, any remaining
tetainer value, after all completed services have been paid, will be
returned to the client within 30 days of written notice ta cease work.

Projects with current payment status receive the first commitment of
Terrascape Consulting's (TSC’s) resources. Any account in arrears for more
than 45 days shalt prompt all work to be suspended without further notice
to the client. All costs incurred in collecting delinquent amounis, including
attomey fees and court costs, shall be paid by the Client.

4.2 No payment by client or receipt by TSC of a lesser
amount than the full or correct invoice amount due shall be deemed to
be other than a payment on account, nor shall any endorsement or
statement on any check or any letter accompanying any check or
payment be deemed to effect or evidence as accord and satisfaction,
and TSC may accept such check or payment without prejudice to TSC's
right to recover the balance or pursue any other rights or remedies
hereunder, ai law or in equity.

4.3 Any and all services noted as T&M or those deemed
to be “additional” services beyond those agreed to herein, shall be billed
in accordance with the current hourly rate schedule in minimum 0.5 hour
increments, unless other arrangements are agreed to in writing, between
TSC and Client.

This agreement, unless previously terminated by written notice, shall be
terminated by completion of the work and payment for the services
rendered. Rate changes shall not affect previously authorized lump sum
contract work. This agreement can also be terminated by either party
without specific cause, upon 30-day written notice and payment in full for
any contract work completed prior to the termination date.

5. Project Si

5.1 Invoices Client agrees that the construction
contractor and construction subcontractors will be required to
assume sole and complete responsibility for project site
conditions during the course of construction, including safety of all
persons, at all times. The presence of TSC staff or sub-consultants on
the construction site shall not relieve the contractor and its
subcontractors of their obligations, duties and responsibilities for all
facets of site construction and safety.

6 Estimates by TSC

6.1 TSC may provide certain estimates, including
estimates of completion dates, costs, quantities of materials, and areas,
to Client pursuant to this Agreement. All estimates are provided solely
for the convenience of Client and are provided “as is" without
representations or warranties of any kind. Client agrees not to rely on
any estimate and releases TSC from any liability arising from Client's use
thereof.