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PROFESSIONAL SERVICES AGREEMENT
City of Glendale - Water Line Rehabilitation Program
Water Line Replacement Package 3A - Project #212232
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and Wood, Patel & Associates, Inc., an Arizona corporation,
("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”);
C. Consultant desires to provide City with professional services (“Services”) consistent with best consulting or
architectural practices and the standards set forth in this Agreement, in order to complete the Project; and
D. City and Consultant desire to memorialize their agreement with this document.
AGREEMENT
The patties hereby agree as follows:
1. Key Personnel; Other Consultants and Subcontractors.
11 Professional Services. Consultant will provide all Services necessary to assure the Project is
completed timely and efficiently consistent within Project requirements, including, but not limited
to, working in close interaction and interfacing with City and its designated employees, and working
closely with others, including other consultants or contractors, retained by City.
1.2 Project Team.
a. Project Manager.
(1) Consultant will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's opinion, complete the project and
handle all aspects of the Project such that the work produced by Consultant is
consistent with applicable standards as detailed in this Agreement; and
(2) The City must approve the designated Project Manager.
b. Project Team.
(1) The Project Manager and all other employees assigned to the Project by
Consultant will comprise the "Project Team."
(2) Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Consultant.
c Discharge, Reassign, Replacement.
(1) Consultant acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in Exhibit A.
(2) Consultant will not discharge, reassign, replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Consultant, in which event the substitute must first be approved in writing by City.
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(3) Consultant will change any of the members of the Project Team at the City's
request if an employee's performance does not equal 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 "Subcontractot") 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 ate equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
Licensing. Consultant wartants 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 debarred or
otherwise legally excluded from contracting with any federal, state, or local governmental
entity ("Debarment").
(1) City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debatments, ot to examine Consultant's contracting ability.
(2) Consultant must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration. The failure of the Consultant to notify City as
required will constitute a material default under the Agreement.
Compliance.
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 ot 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 tequirements as stated within this section. Consultant, and on behalf of any
subcontractors, warrants compliance with this section.
Coordination: Interaction.
a.
For projects that the City believes requires the coordination of various professional
services, Consultant will work in close consultation with City to proactively interact with
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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.
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, 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 (e.g., a "hard copy"),
in electronic format, or in some other form.
(2) Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they ate 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, including those furnished by its
Subconsultants or Subcontractors will not exceed $453,681 as specifically detailed in Exhibit D
("Compensation").
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.
a.
Adjustments to Compensation require a written amendment to this Agreement and may
requite 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 teference, 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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5.
44
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, sutvey, 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 cartiers,
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
Agreement will not exceed the “not to exceed” amount identified for Reimbursable
Services in the Compensation.
Billings and Payment.
Applications.
5.1
5.2
5.3
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.
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.
Payment may be subject to or conditioned upon City's receipt of:
(4) 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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b. City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
6. Termination.
6.1 For Convenience. City may terminate this Agreement for convenience, without cause, by
delivering a written termination notice stating the effective termination date, which may not be less
than 15 days following the date of delivery.
a. Consultant will be equitably compensated for Services furnished prior to receipt of the
termination notice and for reasonable costs incurred.
b. Consultant will also be similarly compensated for any approved effort expended, and
approved costs incurred, that ate 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:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01,
including products and completed operations, with limits of no less than $1,000,000 per
occurrence for bodily injury, personal injury, and property damage. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 coveting Code 1
(any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.
c. Professional Liability. Consultant must maintain a Professional Liability insurance
covering errors and omissions arising out of the work or services performed by Consultant,
ot anyone employed by Consultant, or anyone for whose acts, mistakes, errors and
omissions Consultant is legally liability, with a liability insurance limit of $1,000,000 for
each claim and a $2,000,000 annual aggregate limit.
d. Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
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8.2
8.3
8.4
8.5
Indemnification.
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.
b. This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
Agreement, but in that event, Consultant will be liable only to the extent the Demand or
Expense results from the negligence or breach of a responsibility of Consultant or of any
petson or entity for whom Consultant is responsible.
c. Consultant is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
Other Insurance Provisions. The insurance policies required by the Section above must contain,
or be endorsed to contain the following insurance provisions:
a. The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or
in connection with the performance of all tasks or work necessary to complete the Project
as herein defined. Such liability may arise, but is not limited to, liability for materials, parts
ot equipment furnished in connection with any tasks, or work performed by Consultant or
on its behalf and for liability arising from automobiles owned, leased, 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
tevisions are used.
b. For any claims related to this Project, the Consultant’s insurance coverage shall be
ptimary insurance with respect to the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees or volunteers shall be in excess of the Consultant’s insurance and shall not
contribute with it.
c. Each insurance policy required by this Section shall provide that coverage shall not be
canceled, except after providing notice to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
no less than A: VII, unless the Consultant has obtained prior approval from the City stating that a
non-conforming insurer is acceptable to the City.
Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which
any insurer may acquire from Consultant by virtue of the payment of any loss. Consultant agrees
to obtain any endorsement that may be necessary to effect this waiver of subrogation. The
Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City
for all work performed by the Consultant, its employees, agent(s) and subcontractor(s).
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10.
11.
8.6 Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to
obtain, submit or secure the City’s approval of the required insurance policies, certificates or
endorsements prior to the City’s agreement that work may commence shall not waive the
Consultant’s obligations to obtain and verify insurance coverage as otherwise provided in this
Section, The City reserves the right to require complete, certified copies of all required insurance
policies, including any endorsements or amendments, required by this Agreement at any time
during the Term stated herein.
Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance
policies, certificates or endorsements shall not be considered a Force Majeure or defense for any
failure by the Consultant to comply with the terms and conditions of the Agreement, including any
schedule for performance or completion of the Project.
8.7 Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.
8.8 Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the natute 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 their employees and compliance with the E-verify requirements under A.RS. § 23-214(A). The
Consultant or subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
party is complying with the above-mentioned watranty. The Consultant and subconsultant warrant to keep
their respective papers and records open for random inspection during normal business hours by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entry rights onto their respective properties to perform the random inspections and waiving their respective
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; or
(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:
Wood, Patel & Associates, Inc.
c/o Nicholas E. Brown, P.E.
2051 W. Northern Avenue, Suite #100
Phoenix, AZ 85021
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 Martin Soma, P.E.
5850 W. Glendale Avenue
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.
Entire Agreement; Survival; Counterparts; Signatures.
14.1 Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.
a. Neither Party has made any representations, watranties ot agreements as to any matters
concerning the Agreement's subject matter.
b. Representations, statements, conditions, ot warranties not contained in this Agreement will
not be binding on the patties.
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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
necessaty 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 patties 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 more 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 term of this Agreement commences upon the effective date and continues for a
two (2) year initial period. The City may, at its option and with the approval of the Consultant,
extend the term of this Agreement an additional two (2), 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 Project
Exhibit B Scope of Work
Exhibit C Schedule
Exhibit D Compensation
The patties enter into this Agreement effective as of the date shown above.
ATTEST:
Julie I. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
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City of Glendale,
an Arizona municipal corporation
By: Kevin R. Phelps
Its: City Manager
Wood, Patel & Associates, Inc.,
an Arizona corporation
By’ Nicholas E. Brown
Its: Vice President
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EXHIBIT A
Professional Services Agreement
PROJECT
The City of Glendale has a Capital Improvement Program for a Waterline Rehabilitation Program which evaluates
end of service life or damaged waterlines for replacement. This scope of work includes waterline replacement for
61st Avenue between US-60 and Frier Drive, Gardenia Avenue between 59th Lane and 61st Avenue, and State
Avenue between 59th Avenue and 61st Avenue with an allowance for waterline replacement for W Myrtle Avenue
(63rd Avenue to Grand Avenue), N 62nd Avenue (W Myrtle Avenue to W Palmarie Avenue), and W Glenn Drive
(61st Avenue to 60th Avenue).
See attached.
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
1.
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
PROJECT MANAGEMENT AND COORDINATION
Schedule. WOODPATEL will prepare and submit a project schedule for this scope of work
(SOW) prior to the kickoff meeting. The schedule will show coordination meetings, dates of all
required submittals for each of the tasks in this SOW, significant milestones, project meetings,
deliverable submittal deadlines, and anticipated review periods. The schedule shall provide
for completion of the work within 280 calendar days of receiving an NTP from the City provided
that no other unforeseen or unavoidable circumstances arise.
Invoices. WOODPATEL shall submit monthly invoices. Invoices shall be submitted
electronically to the City and shall include: the amount for each major work task and
subcontracted service identified in the approved fee proposal; the amounts previously billed;
the amount due for the period and the amount left in the SOW tasks. The monthly invoice shall
indicate the start date and end date of the invoice period.
Project Coordination. WOODPATEL will coordinate activities to ensure timely and effective
execution of the work and communicate with the City’s Project Manager regarding
implementation of the tasks described in this SOW.
Manage Sub-Consultants. WOODPATEL will monitor the sub-consultant’s work for timeliness
and correspondence to the project requirements. In order to facilitate timely and cost-effective
execution, WOODPATEL will coordinate and integrate project tasks and elements to effectively
address project milestones. Additionally, this task includes coordinating and incorporating data,
drawings, and specifications that are provided by sub-consultants into the construction
documents for the project. This task will include team coordination and design team meetings.
WOODPATEL will engage the following sub-consultants for design/evaluation services for this
project:
e Safe Site Utility Services, LLC (Subsurface Utility Engineering & Investigation)
Meetings. WOODPATEL will coordinate and meet with the City as requested (3 meetings) for
the duration of the contract to review the project status, progress and confirm direction of the
construction plan development. One (1) additional meeting with MCESD is anticipated for the
project review coordination effort for a total of four (4) meetings. Subsequent meetings would
be an additional cost.
2. DATA COLLECTION
a. WOODPATEL will collect and review utility as-built and mapping information provided by the
City and utilities and process it into an existing base mapping for the project.
The WOODPATEL team will perform site visits and field reconnaissance for the project area in
order to observe and record information concerning present development, use and conditions
for the site and surrounding area. The team will compile notes, photographs, and observations
made during these efforts for use in design studies and documentation. WOODPATEL
assumes two (2) site visits will be undertaken by the project team during design. The compiled
notes, photographs and observations under this scope of work task is separate from the Land
Survey task.
3. LAND SURVEY
a. WOODPATEL will establish project wide survey control based on Geodetic Densification and
Cadastral Survey (GDACS) and City of Glendale North American Vertical Datum of 1988
(NAVD 88). Existing section corner and roadway street monumentation will be field located
within the project. Readily available existing right-of-way and easement information based on
recorded plats and/or Maricopa County Geographical Information System (GIS) website, will
be plotted along with field-located monumentation.
WOODPATEL will complete the topographic mapping for the limits of the project. This includes
all roadway and drainage elements within right-of-way including pavement, striping, signing,
curb/gutter, sidewalk, above ground utilities (i.e. power pole, pull boxes, pedestals, wet utilities,
etc.), and drainage features including culverts, headwalls and riprap. Above ground topography
will be collected with a 1-Man survey crew. In addition, storm, sewer and irrigation inverts will
be collected, as well as water valve top of nut elevations. Underground utility inverts will be
collected utilizing a 2-Man survey crew. Aerial Mapping & associated Aerial Digital Photos are
not included in the scope of work.
4. WATERLINE IMPROVEMENT PLANS
a.
WOODPATEL will provide a preliminary waterline routing exhibit, 60%, 90% and 100% (Final)
construction drawings for the project in accordance with the criteria presented in this scope of
work, Maricopa Association of Governments (MAG) Uniform Standard Specifications and
Details and City of Glendale supplements. Construction drawings will include waterline
improvement plan sheets showing existing and proposed improvement with applicable
engineering standards, notes and specifications necessary to provide a complete, clear, and
concise set of construction drawings. Construction drawings will be prepared at a scale of one-
inch equals twenty feet (1”"=20’). Vertical profile design will be provided. The design will be in
accordance with the City of Glendale requirements and the Maricopa County Environmental
Services Department (MCESD). WOODPATEL understands that improvement plans will be
prepared and submitted as one uniform plan set under a single cover sheet. WOODPATEL
also understands that the plan will consist of approximately 17 sheets.
WOODPATEL will complete internal Quality Control and Constructability reviews prior to
submitting the drawings to the City for review. We will prepare and submit construction
drawings to Development Services Center (DSC) and MCESD for review and approval.
WOODPATEL will respond to comments from DSC and MCESD following consultation with the
City’s Project Manager. WOODPATEL anticipates two (2) submittals to DSC and MCESD for
approval. Comment logs will be maintained of all plan submittals, plan review comments and
responses by the City, MCESD, and DSC. WOODPATEL will prepare for City signature and
action, the MCESD forms and supporting documents. These will be submitted to obtain the
Certificate of Approval to Construct.
5. TECHNICAL SPECIFICATIONS/SPECIAL PROVISIONS
a.
WOODPATEL understands that the City will provide boilerplate special provisions that will form
the base document for preparing the final special provisions for the project. WOODPATEL will
use the boilerplate special provisions to modify to match the specified technical project
improvements.
6. ENGINEER’S OPINION OF PROBABLE COSTS
WOODPATEL will prepare Engineer’s Opinion of Probable Costs for the project improvements
at the 60% and 90% milestone submittals. The estimates will include current estimated unit
costs for the specified items of work. Percentages for mobilization, construction administration,
and construction survey will be included.
7. UTILITY COORDINATION
WOODPATEL will perform the following tasks to preliminarily identify potentially impacted
utilities within the project area as follows:
Request Quarter Section maps and record drawings
Prepare an existing base map using best available utility information
ID potential conflict locations for major utilities
Request Arizona 811 markings and survey locations
b.
WOODPATEL will send the draft plans to the affected utility companies for review, and request
utilities to identify their conflicts or provide a letter stating there are no conflicts. Conflicts will
be reviewed for mitigation opportunities.
8. SUBSURFACE UTILITY ENGINEERING & INVESTIGATION ALLOWANCE
WOODPATEL has engaged Safe Site Utility Services to provide subsurface utility engineering
& investigation services for the project.
Safe Site Utility Services will verify 811 markings and assess the success probability of test
hole locations indicated by WOODPATEL prior to excavation utilizing various geophysical
locating means. Test hole locations may be adjusted or eliminated based on the results of this
investigation and upon discussion with, and approval of WOODPATEL.
Safe Site Utility Services will supply a vacuum excavation crew on the project site for digging
test holes and documenting utility locations.
Upon exposure of a target utility, Safe Site Utility Services will record utility type, size, material,
and depth of cover of each.
Safe Site Utility Services will provide survey and a CAD map file by a Registered Land Surveyor
to document the locations and elevations of potholed utilities.
Safe Site Utility Services will provide a Test Hole Summary Report detailing this information.
Safe Site Utility Services will indicate the locations of exposed utilities by marking the ground
surface using PK nails or stake chasers (nylon brushes).
9. CONSTRUCTION ADMINISTRATION ALLOWANCE
WOODPATEL can provide Construction Administration services after the design stage. These
services will include Field Directives, Contractor Requests for Information (RFI’s), review
Contractor scope & fee, shop drawing review, site visits and field observations, attending
construction meetings, plan requests, and administrative services. These services would be
provided on a time-and-materials, not-to-exceed basis, as approved by the City. A budgeted
amount allowance is provided for the expected scope of work.
e Post Design Coordination, Product Submittal and Shop Drawing Review
Construction Observation - MCESD AOC only
MCESD Approval of Construction Submittal
Final Walkthrough/Punch-List
Record Drawings
10. WATERLINE DESIGN ALLOWANCE
a.
WOODPATEL can provide additional waterline replacement design services to the City of
Glendale which will include the scope of work listed above (Tasks #1-9). These services are
limited to waterline design of 12-inch diameter or smaller, overall total segment lengths ranging
between 2,000 LF and 2,500 LF, within Collector or Local classified roadways, and assumed
to be under one plan set cover sheet with the above scope of work. Arterial classified roadways
are not included but can be reviewed separately, if desired.
Possible waterline rehabilitation locations are listed below:
e WMpyrtle Avenue (63% Avenue to Grand Avenue)
e N62" Avenue (W Myrtle Avenue to W Palmarie Avenue)
e WGlenn Drive (61% Avenue to 60" Avenue)
11. OWNER’S ALLOWANCE
A general ALLOWANCE in the amount of $40,000 is provided for other services not identified
in this scope of work but determined by the City to be required for the successful completion of
this project. All tasks completed under this allowance shall be identified and authorized by the
City in advance.
EXCLUSIONS
The following items are not included in the scope of work:
Water modeling of the system is not included.
Construction traffic control design is not included.
Construction survey staking and contractor as-built plan preparation is not included.
Construction inspection and field construction administrative support (Construction Management) is not
included.
e Construction period is assumed to not exceed 180 calendar days.
EXHIBIT C
Professional Services Agreement
Notice-to-Proceed (NTP):
Project Kick-off:
Sutvey:
Preliminary Routing Exhibit:
SUE-— GPR:
60% Construction Documents:
Contractor Bid Services
SUE — Pothole/Trench
Contractor Constructability Review
90% Construction Documents:
ADOT, MCESD & COG Plan Review
100%/IFC Construction Documents:
Contractor Construction Administration Services
SCHEDULE
December 19, 2022 (estimated)
January 3, 2023 (NTP + 2 weeks + Holiday)
January 30, 2023 (NIP + 6 weeks)
February 13, 2023 (NTP + 8 weeks)
Match 20, 2023 (NTP + 13 weeks)
April 24, 2023 (NTP + 18 weeks)
May 8, 2023 (NTP + 20 weeks)
May 29, 2023 (NTP + 23 weeks)
June 12, 2023 (NTP + 25 weeks)
July 17, 2023 (NTP + 30 weeks)
August 14, 2023 (NIP + 34 weeks)
September 11, 2023 (NTP + 38 weeks)
September 25, 2023 (NTP + 40 weeks)
EXHIBIT D
Professional Services Agreement
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Time & Materials
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Consultant for full completion of all work required by the Project during
the entire term of the Project must not exceed $453,681.
DETAILED PROJECT COMPENSATION
1. PROJECT MANAGEMENT & COORDINATION, ..0....ccccseccceseeeeeeeesesesseseteeeeeen $15,170
2. DATA COLLECTION. .....cccccccccecsssecsusesesesceecseeecseseeseeseeseeecseeieeseneeeneereteees $3,795
3. LAND SURVEY... ..ccessesesesscsecossesseessvasuessesessesaesaecsesaeesseceessecsessesieserseeseton $16,290
4, WATERLINE IMPROVEMENT PLANS. ......cccccceceeseceeeeeseeeeeeeeesseeeeeseeseeseeeeeteon $103,420
5. ‘TECHNICAL SPECIFICATIONS /SPECIAL PROVISIONS. .......0.::cscseseeeseteeseeteeens $8,240
6. ENGINEER’S OPINION OF PROBABLE COST\.....0.c0:ccceeseeseeeeeeeeeeeeeeteeteeeteeees $6,760
7. UTILITY COORDINATION .....ccccccccceccseeseseescesesteceuseeseeseeeeeeseecseeseteeteersateese $14,860
8. SUBSURFACE UTILITY ENGINEERING & INVESTIGATION ALLOWANCE......... $39,534
9. CONSTRUCTION ADMINISTRATION ALLOWANCE. ......0:ccccceecsseteetesseteetsees $45,760
10, WATERLINE DESIGN ALLOWANCE. .......:ccccccccccccececeseesceseesecseneesesteseseeseaees $159,852
11. OWNER?’S ALLOWANCE... ec. ccccscsscessscessescsacsscsecssesuesaesscecaesaecaeeaesrenseseense $40,000
TOTAL . exanescey....-79..-.- +e. $453,681.