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C
PROFESSIONAL SERVICES AGREEMENT
Design of Scalloped Street Improvements at 55th Avenue: Claremont Street to Bethany Home Road
Project No. CIP222334.5
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and T.Y. Lin Inernational, Inc., a California Corporation,
authorized to do business in the State of Arizona,("Consultant") as of the _____ day of _________________, 2023
(“Effective Date”).
RECITALS
A.
City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, Project (the "Project");
B.
City desires to retain the professional services of Consultant to perform certain specific duties and produce
the specific work as set forth in the attached Exhibit B, Project Scope of Work (“Scope”);
C.
Consultant desires to provide City with professional services (“Services”) consistent with best consulting or
architectural practices and the standards set forth in this Agreement, in order to complete the Project; and
D.
City and Consultant desire to memorialize their agreement with this document.
AGREEMENT
The parties hereby agree as follows:
1.
Key Personnel; Other Consultants and Subcontractors.
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
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.
d.
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.
2.
Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3.
Consultant’s Work.
3.1
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.
3.2
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
b.
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 Agreement's duration. The failure of the Consultant to notify City as
required will constitute a material default under the Agreement.
3.3
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.
b.
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.
3.4
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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any other professionals retained by City on the Project ("Coordinating Project
Professionals").
b.
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.
c.
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.
3.5
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.
b.
Delivery. Consultant will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
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.
4.
Compensation for the Project.
4.1
Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $113,879.18 as specifically detailed in Exhibit D
("Compensation").
4.2
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated Scope as outlined in the Project is significantly modified.
a.
Adjustments to Compensation require a written amendment to this Agreement and may
require City Council approval.
b.
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.
c.
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.
4.3
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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a.
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.
b.
Consultant may not add any mark-up for work identified as an Allowance and which is to
be performed by a Subconsultant.
c.
Consultant will not use any portion of an Allowance without prior written authorization
from the City.
d.
Examples of Allowance items include, but are not limited to, subsurface pothole
investigations, survey, geotechnical investigations, public participation, radio path studies
and material testing.
4.4
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;
b.
The Reimbursable Expenses in this section are approved in advance by City in writing; and
c.
The total of all Reimbursable Expenses paid to Consultant in connection with this
Agreement will not exceed the “not to exceed” amount identified for Reimbursable
Services in the Compensation.
5.
Billings and Payment.
5.1
Applications.
a.
Consultant will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated
below.
b.
The period covered by each Payment Application will be one calendar month ending on
the last day of the month.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(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.
5.3
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 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:
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 covering Code 1
(any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.
c.
Professional Liability. Consultant must maintain a Professional Liability insurance
covering errors and omissions arising out of the work 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.
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
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
person 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.
8.3
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
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.
b.
For any claims related to this Project, the Consultant’s insurance coverage shall be
primary insurance with respect to the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees or volunteers shall be in excess of the Consultant’s insurance and shall not
contribute with it.
c.
Each insurance policy required by this Section shall provide that coverage shall not be
canceled, except after providing notice to the City.
8.4
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.
8.5
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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8.6
Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to
obtain, submit or secure the City’s approval of the required insurance policies, certificates or
endorsements prior to the City’s agreement that work may commence shall not waive the
Consultant’s obligations to obtain and verify insurance coverage as otherwise provided in this
Section. The City reserves the right to require complete, certified copies of all required insurance
policies, including any endorsements or amendments, required by this Agreement at any time
during the Term stated herein.
Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance
policies, certificates or endorsements shall not be considered a Force Majeure or defense for any
failure by the Consultant to comply with the terms and conditions of the Agreement, including any
schedule for performance or completion of the Project.
8.7
Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.
8.8
Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the nature of the risk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.
9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrant
their compliance and that of its subconsultants with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The
Consultant or subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
party is complying with the above-mentioned warranty. The Consultant and subconsultant warrant to keep
their respective papers and records open for random inspection during normal business hours by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entry rights onto their respective properties to perform the random inspections and waiving their respective
rights to keep such papers and records confidential.
10.
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.
11.
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.
12.
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:
James Barr
T.Y. Lin International, Inc.
1475 North Scottsdale Road
Scottsdale, Arizona 85257
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 Jason Snider
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.
13.
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.
14.
Entire Agreement; Survival; Counterparts; Signatures.
14.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
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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.
14.2
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.
14.3
Survival. Except as specifically provided otherwise in this Agreement, each warranty,
representation, indemnification and hold harmless provision, insurance requirement, and every
other right, remedy and responsibility of a Party, will survive completion of the Project, or the
earlier termination of this Agreement.
14.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Electronic signature blocks do not constitute execution for purposes of this Agreement.
Any amendment may be subject to City Council approval.
14.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
14.6
Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be reformed to conform with applicable law.
14.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
15.
Term.
15.1
Renewals. The term of this Agreement commences upon the effective date and continues for a 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 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.
15.2
Extension for Procurement Process. Upon the expiration of the Term of this Agreement,
including the initial term and any renewals, at the City’s sole discretion, this Agreement may be
extended on a month-to-month basis for a maximum of six (6) months to allow for the City to
complete its procurement process to select a 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.
16.
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.
17.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
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Exhibit A
Project
Exhibit B
Scope of Work
Exhibit C
Schedule
Exhibit D
Compensation
The parties enter into this Agreement effective as of the date shown above.
City of Glendale,
an Arizona municipal corporation
_____________________________________
By: Kevin Phelps
Its: City Manager
ATTEST:
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
T.Y. Lin International, Inc.,
a California Corporation
_____________________________________
By: James Barr
Its: Contract Manager
EXHIBIT A
Professional Services Agreement
PROJECT
Design for a scalloped street improvements at 55th Avenue: Claremont Street to Bethany Home Road.
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
See the attached proposal
55th Avenue Scalloped Street Roadway Improvements
Updated Final Design Proposal, City Project No. TBD
March 3, 2023
Page 1
TY Lin International (Consultant) is pleased to present this proposal to provide engineering design
services for final design for ½-street pavement, curb, gutter, drainage, lighting and driveway
improvements 55th Avenue between north of Bethany Home Road and the southern returns at the 55th
Avenue and Claremont Street intersection. The approximate length of proposed improvements is 1,700’.
The City of Glendale (City) is completing a concurrent federally funded final design project for installation
of sidewalk along the project limits. No right-of-way acquisition is anticipated to be necessary to facilitate
the proposed roadway cross section installation.
Included as part of these final design services are roadway, drainage and driveway improvements to
ensure pavement grades are compliant with engineering standards and conveyance of roadway runoff is
maintained to in-place outlet ditches adjacent to the roadway. Driveways will also be designed such that
ADA accessible routes are maintained across the driveway crossings. Lighting analysis and design of
street lights, utility mapping and coordination, field topographic surveys and project management and
coordination services are also included as part of the project.
Design will be closely coordinated with all City departments. Design will also be coordinated with the
City’s designer of the sidewalk improvements and the development team currently designing the storage
facility at the northeast corner of 55th Avenue and Bethany Home Road. Detailed description for all tasks
to be completed by Consultant is contained in the following.
Tasks
Task 1 – Project Management, Coordination and Meetings
Consultant shall provide project coordination and management services for performance of the design
contract and shall include administrative elements required to complete the project design, including but
not limited to: attending meetings, preparing meeting notes, coordination with City staff, coordination
with project stakeholders including City’s designer for the federally funded sidewalk project as well as
the development team, utility owners and adjacent property owners. Services shall also include progress
reporting, invoicing, quality control and other administrative functions. The following is a list of activities
that will be performed as part of this task:
Exhibit B
Scope of Work
55th Avenue Scalloped Street Roadway Improvements
Updated Final Design Proposal, City Project No. TBD
March 3, 2023
Page 2
Project Schedule: Consultant shall update the project schedule on a monthly basis for the duration of
the project. The schedule shall include project meetings, project deliverables and major milestones. The
following is the project schedule that the Consultant shall target. The Consultant shall revise and submit
for review an updated schedule whenever completion of the project design, or any of the partial
completion points listed in the schedule are delayed by one week or more.
Notice to Proceed (NTP)
0
Data Collection/Survey/Utility Mapping
NTP + 6 Weeks
Submit Roll Plot Layout for Proposed Improvements
NTP + 14 Weeks
Submit 60% Plans and Cost Estimate
NTP + 22 Weeks
Submit 100% Plans, Specifications, Cost Estimate
NTP + 30 Weeks
Submit Sealed Plans, Specifications, Cost Estimate
NTP + 40 Weeks
Invoicing and Progress Reports: Consultant shall prepare monthly invoices and progress reports
showing the percent complete for all project tasks and other direct expenses related to the project and a
description of activities completed during the invoice period. It is anticipated that invoices will be
submitted electronically to the City’s Project Manager.
Project Meetings: Consultant shall attend a Project Kick-Off meeting as well as comment
resolution/coordination meetings with the City following each of the milestone submittals outlined in the
Schedule provided previously. In addition, Consultant shall also attend up to two (2) additional project
meetings as needed based on the direction of the City Project Manager. Additional project meetings could
include either meetings with the City, developer team, utility owners or designers of the federally funded
sidewalk project. Consultant shall prepare all materials for comment resolution/project coordination
meetings (agenda, sign-in sheet, Summary of Comments forms, exhibits, etc.) and shall provide to the City
Project Manager at least 2 days in advance of meeting for review prior to distribution to project team.
Following completion of project coordination meetings, Consultant shall prepare meeting notes within 5
business days and provide to the City Project Manager for review prior to distribution to the group.
It is not assumed that a Public Meeting will be needed for the project. Should a public meeting be
determined to be necessary, Consultant can attend the public meeting and provide any necessary
exhibits/technical information necessary for presenting the project to the public.
Task 2 – Data Collection and Field Review
A site visit will be conducted by the Consultant and City staff (if desired) to identify key areas of concern
and engineering challenges that might have an impact on the project design. The site visit will familiarize
us with the following:
•
General topography
•
Existing utilities
•
General drainage conditions
•
Driveway configurations and access conditions for adjacent properties
•
Pedestrian/Bicycle Access and Trends
•
Existing features (roadway striping, adjacent sidewalk ramps, box culverts, etc.)
•
Other site features not shown on as-built maps
55th Avenue Scalloped Street Roadway Improvements
Updated Final Design Proposal, City Project No. TBD
March 3, 2023
Page 3
Consultant shall obtain as-built plans from the City for the existing improvements along 55th Avenue
within the project limits. Consultant shall also obtain all as-built information for City utility facilities such
as City water and sewer, ITS and any other facilities installed by the City which could potentially be
impacted by the project. City has already provided Consultant with the development plans for offsite
improvements planned along 55th Avenue for Luxelocker site frontage. These plans will be referenced in
the design of tie-in elements such as pavement and curb and gutter grades and horizontal alignment.
Task 3 – Field Survey and Base Mapping
TYLin Sub consultant, Trace Consulting, will complete field topographic surveys and project base
mapping of the project area. Field topo surveying and mapping limits along 55th Avenue commencing
approximately 300’ north of Bethany Home Road and continuing northerly through the Claremont Street
intersection. Cross sectional topographic information will be obtained at 50’ cross sections. Field
topographic survey shots will pick up information such as existing survey monuments, pavement shots,
curb, gutter and sidewalk, curb return information, striping, key grade break ground shots, adjacent
property walls, above ground utility appurtenances and locations of any existing signage.
Consultant shall also research the existing R/W and parcel line information along 55th Avenue to
delineate existing right-of-way and parcel lines on the project base mapping. For this effort, right-of-way
and parcel lines will be based on available as-built plans, GIS survey information through the Maricopa
County Assessor’s Maps online tool and any supplemental mapping that the City can provide. Section
corners will not be surveyed in the field nor shall a boundary survey be performed as part of this
task to establish the existing right-of-way.
A base map will be prepared at 1”=20’ scale depicting the existing improvements within the project
limits. The base map will include the aforementioned centerline, right-of-way and parcel line information
as well as mapping for all existing utilities within the project area based upon the utility mapping
obtained from each of the utility companies as described in Task 4 of this Scope of Work. The base map
shall be prepared in AutoCAD format with information compiled in Civil3D. For additional detail on this
task, see Trace Consulting Subconsultant proposal attached to this Scope of Work.
Task 4 – Utility Mapping and Coordination
Utility coordination is anticipated to be required for the project to obtain existing facility mapping,
coordinate proposed improvements and identify any relocations should any be necessary due to
proposed conflicts (none anticipated). Design for any new or relocated facilities is specifically
excluded from this Scope of Work. If requested by the City, Consultant can prepare an amendment to
the contract to complete new and/or relocation design work for any impacted utilities. The following
tasks are associated with these efforts:
Utility Mapping
Coordination will entail email and phone communication with the utility companies shown below to:
obtain mapping for existing facilities present within the project area (digital or hard copies) and to share
project .dwg base files for utility owner’s use in evaluating conflicts.
•
Salt River Project (SRP)/Arizona Public Service (APS) Distribution Power (12kV overhead lines
along 55th Avenue)
•
City of Glendale Water/Sewer/Fiber/Storm Drainage
55th Avenue Scalloped Street Roadway Improvements
Updated Final Design Proposal, City Project No. TBD
March 3, 2023
Page 4
•
Southwest Gas
•
CenturyLink/Lumen
•
Cox Communications
•
SRP Water/Private Irrigation
Utility Conflicts
Consultant shall provide conflict letters in conjunction with the 60% plans to all utility companies having
facilities present within the project area. Should any conflicts be encountered, Consultant shall
coordinate with the utility companies to mitigate conflicts if any are discovered. If feasible, Consultant
shall adjust proposed improvements to avoid utility conflicts without jeopardizing the project’s purpose
and goals.
Provide Information to Utility Companies
Consultant shall provide CAD files in AutoCAD format and project plans in PDF format to utility
companies upon request.
Potholes
Given that no underground improvements are planned as part of the project, potholes are not
included as part of this scope of work. If necessary, Consultant can obtain potholing information via a
separate agreement should they be determined to be necessary during the course of design.
Utility Relocation
If any utility relocations are required, Consultant shall work with the City and utility companies to
determine if the relocation of the facilities are to be included as part of the project (by the City’s
contractor) or prior to construction. Where the utility relocation is to be included as part of the project,
the Consultant shall coordinate design details and work with the City to develop construction costs
associated with the relocation work.
Review of Utility Relocation Design Plans
Consultant shall review any utility relocation plans to ensure compatibility with the proposed design
plans. If the utility relocation work is to be performed by the utility companies prior to the construction
of the City’s project, Consultant shall include the proposed alignment of the relocated facility in the final
construction plans.
Task 5 – Drainage Analysis and Report
Consultant shall complete drainage analysis for 55th Avenue within the project limits based on the
proposed roadway cross section and proposed grades. Analysis shall be completed in accordance with
City, and Maricopa County Flood Control District (FCDMC), guidelines as described in Section 5 of the
City’s Engineering Design & Construction Standards Manual. Off-site hydrology is assumed to be readily
available and will be taken from the most recently completed FCDMC Drainage Area Master Plan or other
recently completed hydrologic modeling to be provided by the City. On-site hydrology will be developed
by the Consultant for the project.
Hydraulic design and analysis will be based upon the criteria cited in Section 5 of the City’s Engineering
Design & Construction Standards manual for collector roadways. Per Section 5, the basis of design shall
be the 10-year design storm for 55th Avenue. Furthermore, the 10-year flow will be carried between the
roadway curbs with the 50-year flow being contained within the right-of-way. The proposed drainage
55th Avenue Scalloped Street Roadway Improvements
Updated Final Design Proposal, City Project No. TBD
March 3, 2023
Page 5
system is assumed to be linear retention basins located behind the curb in a grade and alignment that is
congruent with both the proposed sidewalk as well as existing utility facilities (i.e. power poles for
overhead power lines). City standard retention basin design criteria shall be followed to the
greatest extent practical, however design exceptions to City criteria regarding retention basin
volume may be necessary given the City’s desire for no additional right-of-way to be acquired
with this project. If any design exceptions are necessary, they will be document in the Draft and Final
Drainage Report prepared for the project.
Consultant shall prepare a Draft and Final Drainage Report as part of the project. Drainage Reports will
include a summary of the existing hydrology (based on information obtained from FCDMC or the City),
existing drainage conditions of the roadway and the proposed hydraulics. The Drainage Report will
include recommendations for the proposed drainage system to dewater the roadway as long as any
necessary design exceptions. Backup calculations and on-site drainage exhibits will also be included as
part of Appendices to the Drainage Report.
Task 6 – 55th Avenue Improvement Plans
Consultant shall complete Improvement Plans for the length of the improvements along 55th Avenue.
Improvements will be for a ½ street roadway cross section matching City standards for a Collector
roadway (either a C-3 or a C-4 street section). Improvements will start along the east side of the roadway
at the northern parcel boundary of the Luxelocker site. Improvements will start along the west side of the
roadway where the currently in place curb, gutter and sidewalk improvements end approximately 400’
north of the northern curb returns at Bethany Home Road.
Design plans will utilize a combination of City and MAG standards related to the proposed pavement
design, curb and gutter, driveway connections, drainage improvements and signing/pavement marking
design. Consultant will develop a conceptual layout for all proposed roadway and drainage infrastructure
for over the shoulder review. Based on the feedback from the City, the project team will prepare 60% and
100% design packages, inclusive of all Design Plan sheets, special provisions, and cost estimate (PS&E)
based on City of Glendale Design Standards. The project team will coordinate with utility companies and
the City’s federally funded sidewalk project designer to ensure compliance with adjacent utility
infrastructure as well as the planned location and design of the sidewalks along both sides of the
roadway.
Based on aerial imagery review, it is anticipated that there will be 14 new driveways designed as part of
this project. These driveways are planned to be located where adjacent properties have fence gates or
parking lot access points. These locations and width of driveways are likely to require coordination with
property owners to ensure that the access needs of the property are being serviced given their industrial
nature. As part of Allowance Task 10, Consultant has allocated for some level of coordination with the
property owners that could be necessary in finalizing driveway design. Furthermore, based on discussion
with City staff, it is not anticipated that any of the proposed driveways will require right-of-way or formal
temporary construction easement acquisition from the properties and therefore, preparation of legal
descriptions are specifically excluded from this Scope of Work.
Specifically excluded from this task are the preparation of any cross sections or an earthwork
report as part of the project design. Traffic Sequencing and Traffic Control Plans are also
specifically excluded form this Scope of Work.
55th Avenue Scalloped Street Roadway Improvements
Updated Final Design Proposal, City Project No. TBD
March 3, 2023
Page 6
The following plan sheets will be developed and included at each submittal stage as detailed below
(anticipated number of sheets shown in parentheses):
Concept Layout for Roadway, Drainage and Lighting Infrastructure
•
Roll Plot Exhibit (1)
Consultant shall incorporate any feedback received from the City on the Conceptual Layout. Roadway
Improvement Plan and Profile Sheets will be prepared at a scale of 1”=20’. Signing and Pavement
Marking Sheets will be prepared at a scale of 1”=40’ and will be ‘double loaded’. Other sheets will be
prepared at a reasonable scale for clarity and ease of review by the City. Removals will be depicted on the
Roadway Plan and Profile Sheets.
The 60% plans will include the following sheets as part of this task.
60% Plans
•
Cover Sheet (1)
•
Legend and Notes Sheet (1)
•
Typical Sections and Key Map Sheet (1)
•
Geometric Control Sheet (1)
•
Roadway Plan and Profile Improvements (4)
•
Driveway Details (2 per sheet) (7)
•
Drainage Plans/Basin Details (3)
•
Signing and Pavement Marking Summary Table (1)
•
Signing and Pavement Marking Plans (2)
As part of the 60% submittal, it is anticipated that 21 plan sheets will be created and submitted for the
project.
Following resolution of all comments received from the City on the 60% submittal, Consultant shall
prepare 100% plans showing all design features and plan details. 100% plans will be ‘all-inclusive’ and
represent the fully biddable project plan set.
For the Sealed construction document submittal, Consultant will address any final comments received on
the 100% plans and will submit final sealed plans along with any supplemental analysis or calculation
materials.
Task 7 – Lighting Design and Plans
TYLin Subconsultant, Greenlight Traffic Engineering, will develop design analysis and final plans,
specifications and estimates for roadway lighting system improvements along 55th Avenue. Roadway
lighting is anticipated to be located along the east side of the roadway to avoid conflicts with existing
12kV overhead electric on the west side of the roadway which will not be relocated as part of the project.
The roadway lighting scope of work shall include the preparation of street lighting plans (4 sheets), field
review, photometric analysis, electrical design coordination, preparation of quantities and cost estimates,
preparation of any necessary technical specifications and participation in meetings and resolution of
comments on the lighting design. For additional detail on this task, see Greenlight Traffic Engineering
Subconsultant proposal attached to this Scope of Work.
55th Avenue Scalloped Street Roadway Improvements
Updated Final Design Proposal, City Project No. TBD
March 3, 2023
Page 7
Task 8 – Cost Estimates and Specifications
Consultant shall prepare Cost Estimates at the 60%, 100% and sealed submittal stages. Project cost
estimates will include a tabulation of bid items in accordance with any applicable City standards for
bid item numbering. Unit costs will be provided for each bid item and will be based on recent bid
pricing for similarly sized projects within the general City of Glendale area.
Consultant shall develop technical specifications relevant to the project construction requirements.
MAG Standard Specifications and Details will be referenced by the Special Provisions along with
City of Glendale Standard Details and Specifications. Special Provisions will be prepared in City
standard format. Special Provisions shall be submitted at 100% and sealed submittal stages.
Allowances
Task 9 – Property Owner Coordination
Given the nature of the existing access along both the east and west sides of the roadway to the
industrial properties fronting 55th Avenue, Consultant anticipates that determining the exact
location for each driveway will need to be coordinated with several of the property owners. In
addition, Consultant may need to prepare exhibit(s) beyond the standard driveway detail plan
sheets depicting driveway locations on an aerial image. An allowance amount of $10,000 has been
established for this task covering any necessary meetings with individual property owners as well
as for any miscellaneous exhibits that are necessary to assist in locating driveways.
Task 10 – Reimbursable Expenses
For budgetary purposes, an allowance of $250 has been included for reimbursable items such as
mileage, copies, mail and delivery services. All reimbursable items shall be invoiced by the
Consultant to the City at direct cost. Cost data (backup) will be included with the appropriate
invoices.
Exclusions
Exclusions from this Scope of Work include, but are not limited to:
•
Boundary Survey
•
Title Reports
•
Environmental Analysis
•
Geotechnical Field Investigation and Analysis
•
Offsite Hydrology Creation
•
Construction Phasing/Traffic Control
•
Cross Sections and Earthwork Analysis
•
Proposed Utility Design
•
Potholing
•
Legal Descriptions
•
Anything not expressly contained within this Scope of Work
EXHIBIT C
Professional Services Agreement
SCHEDULE
March 2023 to January 2024
EXHIBIT D
Professional Services Agreement
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Time and materials not to exceed
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 $113,879.18.
DETAILED PROJECT COMPENSATION
See Attached.
TOTAL
SUBCONSULTANT/
TOTAL
DIRECT
OVERHEAD
PROFIT
TYLI
TOTAL FEE
VENDOR
HOURS
RATE
150.70%
10%
TOTAL
TASK
DESCRIPTION
Hours
$
Hours
$
Hours
$
Hours
$
Hours
$
$
$
$
$
$
$
BASIC SERVICES
1
Project Management, Coordination and Meetings
10
$830.00
4
$260.00
20
$1,040.00
$0.00
$0.00
34
$2,130.00
$3,209.89
$533.99
$5,873.88
$5,873.88
2
Data Collection and Field Review
$0.00
$0.00
8
$416.00
16
$704.00
8
$312.00
32
$1,432.00
$2,158.01
$359.00
$3,949.01
$3,949.01
3
Field Survey and Base Mapping
$0.00
$0.00
2
$104.00
8
$352.00
16
$624.00
$8,228.40
26
$1,080.00
$1,627.55
$270.75
$2,978.30
$11,206.70
4
Utility Mapping and Coordination
$0.00
2
$130.00
8
$416.00
20
$880.00
12
$468.00
42
$1,894.00
$2,854.24
$474.82
$5,223.06
$5,223.06
5
Drainage Analysis and Report
4
$332.00
8
$520.00
20
$1,040.00
40
$1,760.00
32
$1,248.00
104
$4,900.00
$7,384.25
$1,228.43
$13,512.68
$13,512.68
6
55th Avenue Improvement Plans
4
$332.00
12
$780.00
44
$2,288.00
128
$5,632.00
232
$9,048.00
420
$18,080.00
$27,246.38
$4,532.64
$49,859.02
$49,859.02
7
Lighting Design and Plans
$0.00
$0.00
$0.00
4
$176.00
4
$156.00
$11,871.00
8
$332.00
$500.32
$83.23
$915.55
$12,786.55
8
Cost Estimates and Specifications
2
$166.00
6
$390.00
8
$416.00
18
$792.00
$0.00
34
$1,764.00
$2,658.33
$442.23
$4,864.56
$4,864.56
20
$1,660.00
32
$2,080.00
110
$5,720.00
234
$10,296.00
304
$11,856.00
$20,099.40
700
$31,612.00
$47,638.97
$7,925.10
$87,176.06
$107,275.46
ALLOWANCES
9
Property Owner Coordination
4
$332.00
$0.00
12
$624.00
20
$880.00
12
$468.00
48
$2,304.00
$3,472.10
$577.61
$6,353.72
$6,353.72
10
Reimbursable Expenses
4
$332.00
0
$0.00
12
$624.00
20
$880.00
12
$468.00
$0.00
48
$2,304.00
$3,472.10
$577.61
$6,353.72
$6,603.72
24
$1,992.00
32
$2,080.00
122
$6,344.00
254
$11,176.00
316
$12,324.00
$20,099.40
748
$33,916.00
$51,111.07
$8,502.71
$93,529.78
$113,879.18
GRAND TOTAL
SUBTOTAL BASIC SERVICES
$250.00
SUBTOTAL ALLOWANCES
PROJECT MANAGER
PROJECT ENGINEER
PROJECT ENGINEER
DESIGN ENGINEER
CADD TECHNICIAN
$83.00
$65.00
$52.00
$44.00
$39.00
SR.
3-Mar-23
EXHIBIT D - COMPENSATION
FEES ASSOCIATED WITH CITY OF GLENDALE PROJECT NO. TBD
FINAL DESIGN FOR SCALLOPED STREET IMPROVEMENTS ALONG 55TH AVENUE