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PROFESSIONAL SERVICES AGREEMENT
City Wide Bus Pullout Design
Project 212259
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and Kimley-Horn and Associates, Inc., a North Carolina Corporation,
authorized to do business in the State of Arizona,"Consultant") as of the day of 2022
(“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”);
on 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 patties hereby agree as follows:
1. Key Petsonnel; Other Consultants and Subcontractors.
11 Professional Services. Consultant will provide all Services necessary to assure the Project is
completed timely and efficiently consistent within Project requirements, including, but not limited
to, working in close interaction and interfacing with City and its designated employees, and working
closely with others, including other consultants or contractors, retained by City.
1.2 Project Team.
a. Project Managet.
(1) Consultant will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's opinion, complete the project and
handle all aspects of the Project such that the work produced by Consultant is
consistent with applicable standards as detailed in this Agreement; and
(2) The City must approve the designated Project Manager.
b. Project Team.
(1) The Project Manager and all other employees assigned to the Project by
Consultant will comprise the "Project Team."
(2) Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Consultant.
c. Discharge, Reassign, Replacement.
(1) Consultant acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in Exhibit A.
(2) Consultant will not discharge, reassign, replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Consultant, in which event the substitute must first be approved in writing by City.
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(3) Consultant will change any of the members of the Project Team at the City's
request if an employee's performance does not equal 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 éngage 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:
a.
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 debarted 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 Debatment 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.
a.
Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other
standards and criteria designated by City.
Consultant must not discriminate against any employee or applicant for employment on
the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation,
gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Consultant will require any Sub-contractor to be bound to the
same requirements as stated within this section. Consultant, and on behalf of any
subcontractors, warrants compliance with this section.
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of various professional
setvices, Consultant will work in close consultation with City to proactively interact with
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4.
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.
a.
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 seg., 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, ot 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 $194,030 as specifically detailed in Exhibit D
("Compensation").
4.1
4.2
4.3
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.
a.
Adjustments to Compensation require a written amendment to this Agreement and may
require City Council approval.
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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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:
a.
Mileage, airfare, lodging and other travel expenses will be reimbursable only to the extent
these would, if incurred, be reimbursed to City of Glendale personnel under its policies
and procedures for business travel expense reimbursement made available to Consultant
for review 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
Agteement 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.
a.
Consultant will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated
below.
b. The period covered by each Payment Application will be one calendar month ending on
the last day of the month.
Payment.
a. After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b. Payment may be subject to or conditioned upon City's receipt of:
(1) Completed work generated by Consultant and its Subconsultants and
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.
a.
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.
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6.2
City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in cortecting 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.
a.
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.
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.
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:
a.
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01,
including products and completed operations, with limits of no less than $1,000,000 per
occurrence for bodily injury, personal injury, and property damage. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
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 $2,000,000 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.
a.
To the fullest extent permitted by law, Consultant must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an
"Indemnified Party," collectively, the "Indemnified Parties") for, from, and against any and
all claims, demands, actions, damages, judgments, settlements, personal injury (including
sickness, disease, death, and bodily harm), property damage (including loss of use),
infringement, governmental action and all other losses and expenses, including attorneys’
fees and litigation expenses (each, a "Demand or Expense" collectively "Demands or
Expenses") asserted by a third-party (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 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 ot 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,
ot be endorsed to contain the following insurance provisions:
a.
The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or
in connection with the performance of all tasks or work necessary to complete the Project
as herein defined. Such liability may arise, but is not limited to, liability for materials, parts
or equipment furnished in connection with any tasks, or work performed by Consultant or
on its behalf and for liability arising from automobiles owned, leased, hired or borrowed
on behalf of the Consultant. General liability coverage can be provided in the form of an
endorsement to the Consultant’s existing insurance policies, provided such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later
revisions ate 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
volunteets. 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 insutet 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
ot 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 theit employees and compliance with the E-verify requirements under A.RS. § 23-214(A). The
Consultant or subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
party is complying with the above-mentioned warranty. The Consultant and subconsultant warrant to keep
their respective papers and records open for random inspection during normal business hours by the other
patty. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entty 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
a. The Notice is in writing; and
b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested),
c. Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1) Received on a business day before 5:00 p.m. at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service; ot
(2) As of the next business day after receipt, if received after 5:00 p.m.
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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:
Gabrielle Amado
Kimley-Horn & Associates, Inc
7740 North 16% Street, Suite 300
Phoenix, Arizona 85020
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 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 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.
Entite 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
regatding 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 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 watranty,
representation, indemnification and hold harmless provision, insurance requirement, and every
other tight, remedy and responsibility of a Party, will survive completion of the Project, ot 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
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
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) year, 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 are first referenced, are
incorporated by this reference.
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
Project
Scope of Work
Schedule
Compensation
The parties enter into this Agreement effective as of the date shown above.
ATTEST:
City of Glendale,
an Arizona municipal corporation
By: Kevin R. Phelps
Its: City Manager
Julie K. Bower
City Clerk
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
KHAMT
Kimley-Horn & Associates, Inc, 74
a North Carolina Corporation
ee
‘Devidheiyike, PE. Jasov Buen
1 Senter Vice Deviate PE
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4/29/2021
EXHIBIT A
Professional Services Agreement
PROJECT
Survey and design of 15 new bus pullouts within the City of Glendale limits. Locations are as follows:
SB 59th Ave at Bethany Home
EB Bethany Home at 59th Ave
EB Glendale Ave at Litchfield Rd
EB Glendale at 59th Ave
NB 59th Ave at Camelback
SB 59th Ave at Greenway
SB 59th Ave at Glendale
EB Union Hills at 67th Ave
WB Union Hills at 67th Ave
EB Union Hills at 75th Ave
WB Union Hills at 75th Ave
EB Union Hills at 79th Ave
EB Glendale at El Mirage
WB Glendale at Dysart
WB Camelback at 43rd
See the attached proposal
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
Kimley»Horn
CITY OF GLENDALE
BUS STOP PULLOUT IMPROVEMENTS
ENGINEERING SERVICES
SCOPE OF SERVICES
Prepared July 28, 2022
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant’) is pleased to submit this
letter agreement (the “Agreement”) to the City of Glendale (‘City” or “Client”) for providing
engineering services for bus stop pullout improvements at select locations in the City of
Glendale.
Project Understanding
This project consists of providing preliminary engineering and final design engineering
services to provide bus stop pullouts at 15 locations throughout the City of Glendale. Kimley-
Horn will gather data, coordinate with utilities, and will prepare final design plans,
specifications, and cost estimates for the recommended alternatives developed during the
preliminary engineering phase. Work associated with this project consists of installing new
bus stop pullouts per the City of Glendale design standards including pavement replacement,
curb ramp/driveway reconstruction, curb & gutter replacement, sidewalk replacements,
signing & pavement marking to accommodate the new bus stop pullouts. The 15 bus stop
locations are described below:
Bethany Home Rd & 59th Ave — EB bus stop
Bethany Home Rd & 59th Ave — SB bus stop
Glendale Ave & Litchfield Rd - EB bus stop
Glendale Ave & 59th Ave — EB bus stop
Glendale Ave & 59th Ave — SB bus stop
Camelback Rd & 59th Ave — NB bus stop
Greenway Rd & 59th Ave — SB bus stop
Union Hills Dr & 67th Ave — EB bus stop
Union Hills Dr & 67th Ave — WB bus stop
Union Hills Dr & 75th Ave — EB bus stop
Union Hills Dr & 75th Ave — WB bus stop
Union Hills Dr & 79th Ave — EB bus stop
Glendale Ave & El Mirage Rd — EB bus stop
Glendale Ave & Dysart Rd — WB bus stop
Camelback Rd & 43rd Ave — WB bus stop
kimley-horn.com | 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
Kimley» Horn Page 2
Scope of Services
Kimley-Horn will provide the services specifically set forth below:
Task 1. — Project Management
a.
Kimley-Horn will establish a project management system to provide adequate scope,
schedule, and budget control, and be responsive to input from the City.
Kimley-Horn will perform contract management services such as preparing the
design services contract, subconsultant agreements, and monthly invoicing.
Kimley-Horn will monitor all subconsultants' schedules and work products to ensure
that their activities are coordinated.
Kimley-Horn will develop, comply, monitor, and audit their design quality control plan
for this project including internal meetings with staff, Quality Control/Quality
Assurance, and CADD maintenance.
Kimley-Horn will provide maintain project schedule showing project deliverables and
the major milestones required by the City.
Kimley-Horn will maintain an action item log throughout the design schedule of major
items that require resolution including the responsible party and due date
Task 2. — Project Meetings
a.
c.
Kimley-Horn will attend up to three (3) progress meetings. Meetings will be held
following each submittal stage, if necessary, or at the discretion of the City.
Kimley-Horn will be responsible for preparing meeting agendas, exhibits, and
meeting notes.
Any meetings beyond those listed above will be considered additional services.
Task 3. — Data Collection
a.
Kimley-Horn’s subconsultant Ardurra Group will establish horizontal and vertical
control based on City’s Engineering and Design Standards.
Kimley-Horn’s subconsultant Ardurra Group will perform a design-level 3D
topographic survey based on the detailed survey request prepared by Kimley-Horn,
including aerial mapping and supplemental ground survey, and provide in CAD
format.
Kimley-Horn will review and update the topographic survey CAD base file to include
line styles, cells, symbols, etc. that provide clarity in the presentation within the
construction plans.
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Kimley-Horn will perform a field review to verify the topographic survey and above-
ground utility features. The topographic survey CAD base file will be updated based
on the results of the field review.
Kimley-Horn’s subconsultant Ardurra Group will review information provided by the
City and County GIS website to prepare existing right-of-way mapping including
right-of-way, parcel lines, and easements within the limits of the detailed survey
request provided by Kimley-Horn.
The City will provide to Kimley-Horn existing information consisting of record
drawings, related design studies and reports, geotechnical investigations, traffic data
and projections, maintenance records, and drawings of developments planned within
the project areas.
g. The City will be responsible for ordering title reports.
Kimley-Horn will keep a log and copy of all information collected through the duration
of the project, including photos, record drawings, reports, and other documents
provided by the City, stakeholders, utility companies, external agencies, and
developers.
Ardurra Group's scope and fee is included below as Task 11.
Task 4. — Utility Coordination
a.
f.
g.
Kimley-Horn will contact Arizona Blue Stake (AZ811) to identify all utilities within the
project limits and will contact utility companies within the project limits to request utility
maps.
Kimley-Horn will be responsible for developing a utility contact list and contacting each
non-City utility company within the project limits to inform them of the design of the
project. Kimley-Horn will update the utility contact list through the design schedule.
The plans will show existing and proposed City and non-City utilities and relocations.
Kimley-Horn will provide design plans to utility companies following each plan
submittal and will attach utility clearance letters to be returned to Kimley-Horn by the
utility.
Kimley-Horn will identify readily apparent utility conflicts and advise the City and the
utility company. City-owned utilities will be coordinated by City staff.
All utility coordination correspondence will be sent to the City’s Project Manager.
Kimley-Horn will attend and lead up to one (1) utility coordination meetings. Kimley-
Horn will prepare meeting agendas, exhibits, and notes for these meetings.
Task 5. — Preliminary Engineering
a.
Kimley-Horn will develop bus stop pullout alternatives for each of the proposed bus
stop pullout locations. These alternatives will consist of evaluating the location of the
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bus stop pullout, access control/driveway access, and the bus stop pullout
configuration/geometry to minimize impacts to right-of-way and major existing features
such as retention basins, private utilities, property walls, etc
Kimley-Horn will produce exhibits and identify engineer's estimates of probable land
/construction costs for the City to review with a goal of defining the preferred bus stop
pullout layouts and locations. A maximum of two (2) alternatives will be developed
and evaluated for the following locations:
Bethany Home Rd & 59th Ave — EB & SB bus stops
Glendale Ave & Litchfield Rd — EB bus stop
Glendale Ave & 59th Ave — EB & SB bus stops
Camelback Rd & 59th Ave — NB bus stop
Greenway Rd & 59th Ave — SB bus stop
Union Hills Dr & 67th Ave - EB & WB bus stops
Union Hills Dr & 75th Ave —- EB & WB bus stops
Union Hills Dr & 79th Ave — EB bus stop
Glendale Ave & El Mirage Rd — EB bus stop
Glendale Ave & Dysart Rd — WB bus stop
Camelback Rd & 43rd Ave — WB bus stop
Kimley-Horn will submit the prepared exhibits and engineer's opinions of probable
costs to the City for review and input. The City will determine the preferred bus layout
for each location. Kimley-Horn will incorporate any comments received on the
Preliminary Engineering submittal on subsequent submittals.
Task 6. — Roadway Design Plans
a.
Using the results of the preliminary engineering evaluation as a basis for design,
Kimley-Horn will prepare roadway design plans in accordance with City of Glendale
and Maricopa Association of Governments (MAG) standards.
Roadway design will consist of items detailed in the preliminary engineering
evaluation. Roadway improvements will be designed to maintain and/or replace curb,
gutter, driveways, sidewalk, and drainage infrastructure where applicable.
Related signing, marking, drainage, street lighting improvements will be shown on the
roadway plan sheets. These improvements will be limited to telocating existing
features when impacted by the proposed roadway improvements.
No profiles will be provided. Staking and grading information will be shown on the
roadway plan sheets.
A roadway surface model will be developed for the purposes of developing cut/fill
impacts. Earthwork quantities, cross-sections, or a 3D model will not be provided as a
part of this contract.
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The following roadway plan sheets are anticipated for this project:
Cover Sheet (1 Sheet)
Legend, Notes, and Key Map (1 Sheet)
Geometric Control (1 Sheet)
Bus Stop Pullout Detail Sheets (3 Sheets)
SB Bethany Home Rd & 59th Ave Plan Sheet (10 Scale) (1 Sheet)
EB Bethany Home Rd & 59th Ave Plan Sheet (10 Scale) (1 Sheet)
EB Glendale Ave & Litchfield Rd Plan Sheet (10 Scale) (1 Sheet)
EB Glendale Ave & 59th Ave Plan Sheet (10 Scale) (1 Sheet)
SB Glendale Ave & 59th Ave Plan Sheet (10 Scale) (1 Sheet)
NB Camelback Rd & 59th Ave Plan Sheet (10 Scale) (1 Sheet)
SB Greenway Rd & 59th Ave Plan Sheet (10 Scale) (1 Sheet)
EB Union Hills Dr & 67th Ave Plan Sheet (10 Scale) (1 Sheet)
WB Union Hills Dr & 67th Ave Plan Sheet (10 Scale) (1 Sheet)
EB Union Hills Dr & 75th Ave Plan Sheet (10 Scale) (1 Sheet)
WB Union Hills Dr & 75th Ave Plan Sheet (10 Scale) (1 Sheet)
EB Union Hills Dr & 79th Ave Plan Sheet (10 Scale) (1 Sheet)
EB Glendale Ave & El Mirage Rd Plan Sheet (10 Scale) (1 Sheet)
WB Glendale Ave & Dysart Rd Plan Sheet (10 Scale) (1 Sheet)
WB Camelback Rd & 43rd Ave Plan Sheet (10 Scale) (1 Sheet)
Signing and Marking Detail Sheets (2 Sheets)
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Task 7. — Cost Estimates and Technical Specifications
a.
Kimley-Horn will prepare a list of anticipated quantities to be submitted at each design
stage.
e Quantities will be presented on the plan sheets and in a separate quantities
spreadsheet using custom bid items based on MAG item descriptions.
e An opinion of probable cost will be provided for these quantities.
Kimley-Horn will prepare separate cost estimates for each bus pullout location.
Kimley-Horn will prepare technical special provisions for the 90%, and Final
submittals. The specifications will be prepared utilizing MAG and City of Glendale
format.
Task 8. — Reviews and Submittals
a.
Kimley-Horn will prepare and submit construction documents at three stages of
development:
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i. Preliminary Engineering Evaluation
ii, 90% Submittal
iii. Final Sealed Submittal
b. All submittals, including the final, shall be submitted in electronic format. The City
will provide reproduction of the drawings and documents for reviews, submittal, and
construction phase.
c. Kimley-Horn will compile comments received from the City following the Preliminary
Engineering Evaluation and 90% Submittals. These comments will be compiled in a
spreadsheet that contains responses and resolutions to each comment. This
spreadsheet will be submitted at the following submittal stage.
d. This task provides time for internal QA/QC reviews before each submittal.
Design Allowances
Task 9. — Utility Potholing (ALLOWANCE)
a. This allowance is provided for utility potholes. If needed, Kimley-Horn will obtain a
subconsultant and will coordinate the acquisition of utility pothole data.
i. Kimley-Horn will coordinate the required potholes and will prepare pothole exhibits
and CAD files for the pothole request information. This will include potholes that
will be performed by Kimley-Horn’s subconsultant.
ii. Kimley-Horn will update the existing utility CAD base file based on the results of
the pothole data.
Task 10. — Right-of-Way/Easement Legal Descriptions/Exhibits (ALLOWANCE)
a. This allowance is provided for the acquisition of right-of-way legal/easement
descriptions and exhibits that may be required for construction. If needed, Kimley-Horn
will prepare up to ten (10) legal descriptions with accompanying exhibits for right-of-
way and other proposed easements per City of Glendale requirements
Subconsultant Services
Task 11. — Control and Topographic Survey (Ardurra Group)
a. Ardurra Group will perform the control and topographic survey for this project. Ardurra
Group's scope of services is included with this fee proposal in Appendix A.
Services Not Included
Any tasks not specifically listed in the above scope of services are to be considered additional
services. Additional services include but are not limited to:
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BRrAT TO ses~o05
Attending more than 3 City coordination meetings and more than 1 utility coordination
meetings
Public meetings or public involvement
Private utility design
Post-design services
Landscape and irrigation design
Offsite drainage design
Erosion control design
Traffic signal design
Street lighting design
Utility potholing
Sewer/Water design
Land acquisition
. ITS design
Permitting fees
Information Provided By Client
We will be entitled to rely on the completeness and accuracy of all information provided by
the Client or the Client's consultants or representatives. The Client will provide all information
requested by Kimley-Horn during the project.
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Kimley»Horn
APPENDIX A
ARDURRA GROUP SCOPE OF SERVICES
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