Agreement

City of Glendale — Regular Meeting (2023-04-11)

View PDF Item 17 Meeting page

Extracted text (via ocr_local) 47943 characters
PROFESSIONAL SERVICES AGREEMENT
Design of Scalloped Streets Improvements - Various Locations
Project Nos. 222334.4, 222334.8, & 222334.9

This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE,
an Arizona municipal corporation ("City") and WSP USA Inc., a New York 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”);

Cc. Consultant desires to provide City with professional services (“Services”) consistent with best consulting or
architectural practices and the standards set forth in this Agreement, in order to complete the Project; and

D: City and Consultant desire to memorialize their agreement with this document.
AGREEMENT

The parties hereby agree as follows:
1. Key Personnel; Other Consultants and Subcontractors.

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

1
4/29/2021

(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 "Subcontractor") to
furnish certain service functions.

(2) Consultant will remain fully responsible for Subcontractor's services.

(3) Subcontractors must be approved by the City.

(4) Consultant will certify by letter that all contracts with Subcontractors have been

executed incorporating requirements and standards as set forth in this Agreement.

Schedule. The Services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.

Consultant’s Work.

3.1

3.2

3:3:

3.4

Standard. Consultant must perform Services in accordance with the standards of due diligence,
care, and quality prevailing among consultants having substantial experience with the successful
furnishing of Services for projects that are equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.

Licensing. Consultant warrants that:

a.

Consultant and its Subconsultants or Subcontractors will hold all appropriate and required
licenses, registrations and other approvals necessary for the lawful furnishing of Services
("Approvals"); and

Neither Consultant nor any Subconsultant or Subcontractor has been 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.

Compliance.

a.

Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other
standards and criteria designated by City.

Consultant must not discriminate against any employee or applicant for employment on
the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation,
gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Consultant will require any Sub-contractor to be bound to the
same requirements as stated within this section. Consultant, and on behalf of any
subcontractors, warrants compliance with this section.

Coordination; Interaction.

a.

For projects that the City believes requires the coordination of various professional
services, Consultant will work in close consultation with City to proactively interact with

4/29/2021

3.5

any other professionals retained by City on the Project ("Coordinating Project
Professionals").

Consultant will meet to review the Project, Schedule and in-progress work with
Coordinating Project Professionals and City as often and for durations as City reasonably
considers necessary in order to ensure the timely work delivery and Project completion.

For projects not involving Coordinating Project Professionals, Consultant will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.

Work Product.

a.

Ownership. Upon receipt of payment for Services furnished, Consultant grants to City,
and will cause its Subconsultants or Subcontractors to grant to the City, the exclusive
ownership of and all copyrights, if any, to evaluations, reports, drawings, specifications,
project manuals, surveys, estimates, reviews, minutes, all "architectural work" as defined in
the United States Copyright Act, 17 U.S.C § 101, ef seq., and other intellectual work product
as may be applicable ("Work Product").

(1) This grant is effective whether the Work Product is on paper (¢.g., a "hard copy"),
in electronic format, or in some other form.

(2) Consultant warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.

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

City Use.
(1) City may reuse the Work Product at its sole discretion.

(2) In the event the Work Product is used for another project without further
consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product.

(3) In such case, City will also remove any seal and title block from the Work Product.

Compensation for the Project.

4.1

4.2

4.3

Compensation. Consultant's compensation for the Project, including those furnished by its
Subconsultants or Subcontractors will not exceed $140,409.41 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
require City Council approval.

Additional services which are outside the Scope of the Project contained in this Agreement
may not be performed by the Consultant without prior written authorization from the City.

Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.

Allowances. An “Allowance” may be identified in Exhibit D only for work that is required by the
Scope and the value of which cannot reasonably be quantified at the time of this Agreement.

4/29/2021

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.

G 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.

4/29/2021

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.

ds Conflict. Consultant acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for

cancellation of this Agreement in the event any person who is significantly involved in initiating,
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or
consultant of any other party to this Agreement.

8. Insurance. For the duration of the term of this Agreement, Consultant shall procure and maintain
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of all tasks or work necessary to complete the Project as herein defined.
Such insurance shall cover Consultant, its agent(s), representative(s), employee(s) and any subcontractors.

8.1

Minimum Scope and Limit of Insurance. Coverage must be at least as broad as:

a.

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01,
including products and completed operations, with limits of no less than $1,000,000 per
occurrence for bodily injury, personal injury, and property damage. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1
(any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.

Professional Liability. Consultant must maintain a Professional Liability insurance
covering errors and omissions arising out of the work or services performed by Consultant,
or anyone employed by Consultant, or anyone for whose acts, mistakes, errors and
omissions Consultant is legally liability, with a liability insurance limit of $2,000,000 for
each claim and a $2,000,000 annual aggregate limit.

Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.

4/29/2021

8.2

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 (ic. a person or entity other than City or Consultant)
and that arises out of or results from the breach of this Agreement by the Consultant or
the Consultant’s negligent actions, errors or omissions (including any Subconsultant or
Subcontractor or other person or firm employed by Consultant), whether sustained before
or after completion of the Project.

This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
Agreement, but in that event, Consultant will be liable only to the extent the Demand or
Expense results from the negligence or breach of a responsibility of Consultant or of any
person or entity for whom Consultant is responsible.

Consultant is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.

Other Insurance Provisions. The insurance policies required by the Section above must contain,
ot be endorsed to contain the following insurance provisions:

a.

The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or
in connection with the performance of all tasks or work necessary to complete the Project
as herein defined. Such liability may arise, but is not limited to, liability for materials, parts
or equipment furnished in connection with any tasks, or work performed by Consultant or
on its behalf and for liability arising from automobiles owned, leased, hired or borrowed
on behalf of the Consultant. General liability coverage can be provided in the form of an
endorsement to the Consultant’s existing insurance policies, provided such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later

revisions are used.

For any claims related to this Project, the Consultant’s insurance coverage shall be
primary insurance with respect to the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees or volunteers shall be in excess of the Consultant’s insurance and shall not
contribute with it.

Each insurance policy required by this Section shall provide that coverage shall not be
canceled, except after providing notice to the City.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
no less than A: VII, unless the Consultant has obtained prior approval from the City stating that a
non-conforming insurer is acceptable to the City.

Waiver of Subrogation. Consultant hereby agrees to waive its rights of subrogation which
any insurer may acquire from Consultant by virtue of the payment of any loss. Consultant agrees
to obtain any endorsement that may be necessary to effect this waiver of subrogation. The
Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City
for all work performed by the Consultant, its employees, agent(s) and subcontractor(s).

4/29/2021

10.

Tl.

12.

8.6 Verification of Coverage. Within 15 days of the Effective Date of this Agreement, Consultant shall
furnish the City with original certificates and amendatory endorsements, or copies of any applicable
insurance language making the coverage required by this Agreement effective. All certificates and
endorsements must be received and approved by the City before work commences. Failure to
obtain, submit or secure the City’s approval of the required insurance policies, certificates or
endorsements prior to the City’s agreement that work may commence shall not waive the
Consultant’s obligations to obtain and verify insurance coverage as otherwise provided in this
Section. The City reserves the right to require complete, certified copies of all required insurance
policies, including any endorsements or amendments, required by this Agreement at any time
during the Term stated herein.

Consultant’s failure to obtain, submit or secure the City’s approval of the required insurance
policies, certificates or endorsements shall not be considered a Force Majeure or defense for any
failure by the Consultant to comply with the terms and conditions of the Agreement, including any
schedule for performance or completion of the Project.

8.7 Subcontractors. Consultant shall require and shall verify that all subcontractors maintain insurance
meeting all requirements of this Agreement.

8.8 Special Risk or Circumstances. The City reserves the right to modify these insurance requirements,
including any limits of coverage, based on the nature of the risk, prior experience, insurer, coverage
or other circumstances unique to the Consultant, the Project or the insurer.

E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrant
their compliance and that of its subconsultants with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The
Consultant or subconsultant’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
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.

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.

124 A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only ift

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, ift

(1) Received on a business day before 5:00 p.m. at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
setvice; or

(2) As of the next business day after receipt, if received after 5:00 p.m.

7

4/29/2021

13.

14.

12.2

d.

The burden of proof of the place and time of delivery is upon the Party giving the Notice.

Digitalized signatures and copies of signatures will have the same effect as original
signatures.

Representatives.

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:

Jessica Fly
WSP USA, Inc.
1230 West Washington Street, Suite #405

Tempe, Arizona 85281

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

Concurrent Notices.

(1) All notices to City's representative must be given concurrently to City Manager
and City Attorney.

(2) A notice will not be deemed to have been received by City's representative until
the time that it has also been received by the City Manager and the City Attorney.

(3) City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Consultant identifying the designee(s) and their
respective addresses for notices.

Changes. Consultant or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.

Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-
profit corporation or other entity whose primary purpose is to own or manage the Project.

Entire Agreement; Survival; Counterparts; Signatures.

14.1

Integration. This Agreement contains, except as stated below, the entire agreement between City
and Consultant and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.

a.

Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.

Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.

4/29/2021

15.

16.

17.

14.2

14.3

14.4

14.5

14.6

14.7

Term.

TD,

le 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 Agreements 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.

a 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
or applicable law.

Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be reformed to conform with applicable law.

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

Renewals. The term of this Agreement commences upon the effective date and continues for a 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.

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.

4/29/2021

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

WSP USA Inc.,
a New York is

sz View frexvert]

faeces Joy Kd
(eo Its: Vice President

4/29/2021

EXHIBIT A
Professional Services Agreement

PROJECT

Design for scalloped streets at Orangewood Avenue: 71st Avenue to 69th Avenue, 71st Avenue: Claremont Street
to Bethany Home Road, 79th Avenue: Glendale Avenue to 630 feet South.

See the attached proposal

EXHIBIT B
Professional Services Agreement

SCOPE OF WORK

City of Glendale
2023-2024 On-Call Professional Services — Roadway Transportation
WSP USA Inc.

Task Order No. 02

Scalloped Streets
EXHIBIT B — Scope of Work

Project Description
WSP will provide professional services for final design of three segments of scalloped streets within the
City’s Ocotillo District:

" Orangewood Avenue: 71‘ Avenue to 69"" Avenue (approximately 1270 feet),

= 71“ Avenue: Claremont Street to Bethany Home Road (approximately 1230 feet), and

» 79" Avenue: Glendale Avenue to 630 feet South (approximately 630 feet).

This effort will include providing final design, topographic survey, utility coordination, right-of-way
acquisition support, and preparation of construction bid documents assuming “low bid” advertisement.

The proposed improvements include the following:
— Half street pavement widening, with curb, gutter and sidewalk, per the designated roadway
classification identified by the City.
— Limited geotechnical investigation for the Orangewood segment due to the removal and relocation
of the SRP open ditch and at 79" Ave to assess deterioration of existing pavement
— Limited drainage assessment to assure no adverse impacts with the proposed improvements
— Preparation of legal description for new RW for the Orangewood segment

Standards and Procedures
All work will be performed in accordance with the following standards:
— 2015 City of Glendale Engineering Design Standards and Details
— 2023 Revisions to the MAG Uniform Standard Specifications and Details, 2020
— Manual of Uniform Traffic Control Devices (MUTCD), 2009 with 2022 Revisions
— Arizona Supplement to the MUTCD, 2009 with revisions
— 2010 ADA Standards for Accessible Design

All drawings submitted to the City will be provided in AutoCAD format.

Task 1: Data Collection
WSP will collect and review available information pertinent to the design of this project. The following
information will be provided by the City:

— Water and Sewer Quarter-Section maps

— City of Glendale Right-of-Way Quarter-Section maps

— Utility Section Quarter-Section maps

— As-built drawings of existing roadway and utilities

— Engineering studies, master plans and reports completed in the project vicinity

WSP
City of Glendale On-Call — Roadway Transportation

Scalloped Streets

Deliverables:
— None

Assumptions:
— None

Task 2: Control, Field Survey and Base Mapping

Survey for the project will be performed by Cooper Aerial and will include drone and supplemental field
survey. The survey will be the basis of the WSP design. See attached Cooper Aerial scope of work for
details.

Deliverables:

— AutoCAD (DWG) drawing, and 3D surface (XML) containing the above information
— Existing topographic base CAD file (AutoCAD DWG)

— Signed and sealed Survey Control plan sheet for inclusion with the project plans.

Assumptions:

—  Itis not anticipated that section corner monuments, property corners or right-of-way points will be re-
established/set as related to existing ownership conditions.

— No lane closures are anticipated. No other right of entry permit or specialized crew training is
anticipated.

Task 3: Utility Base Mapping, Design, and Coordination

WSP will generate a utility base file based on Utility Section Quarter-Section maps provided by the City.
WSP will coordinate with utility companies and the City to incorporate existing and proposed utilities,
designed by others. Relocations (if necessary) will be shown on the design plans based on AutoCAD files
provided by the utility companies and identified as “TO BE RELOCATED BY OTHERS”.

As confirmed by the City, the design of a new SRP closed system that will replace the SRP open ditch will
be completed by SRP. WSP will coordinate with SRP to assure the proposed designs are compatible.

It is assumed that potholes will not be required for this project.

Utility task includes:

— Submit the 50% and 100% plans to utilities reporting facilities in the project limits for conflict
review

— Provide the City with copies of the utility conflict/no-conflict review responses

— Identify potential utility conflicts based on the conflict review

— Coordinate with the utility companies for relocation design and meet to facilitate relocation design

— Review the relocation design for conformance with the proposed design and will incorporate the
design in the project plans

— Up to two (2) utility coordination meetings will be held as needed and will be virtual

Deliverables:
— Existing utility base CAD file (AutoCAD DWG)

— Meeting minutes from Utility Coordination Meetings

Assumptions:

WsP
City of Glendale On-Call — Roadway Transportation

Scalloped Streets

— WSP will submit plans to the utility companies for review.

— WSP will submit Conflict review letters and utility clearance letters to utility companies.
— A Project Utility Clearance Letter will not be prepared.

— Utility type, size, and horizontal location will be identified on plans based on maps.

— Design of any relocations of utility facilities are excluded from the scope of work.

Task 4: Right-of-Way Base Mapping and Right-of-Way Documentation

WSP will identify the existing right-of-way limits on the roadway plans based upon information provided
by the City and Cooper Aerial. New RW or easements will be required for the Orangewood segment. Up to
1 legal description will be prepared by Cooper Aerial. See attached Cooper Aerial scope for details.

WSP will provide up to 3 TCE exhibits.

Deliverables:
— Legal descriptions and exhibits for right-of-way information

Assumptions:

— One (1) legal description and exhibit will be prepared. The City will provide a sample template for the
legal description and exhibit.

—  Right-of-way will be acquired by the City. Title Reports, appraisals and negotiations will be
produced/conducted by the City.

Task 5: Final Design Plans, Specifications, Estimate (Preliminary Design, 50%, 100%,
Sealed)
One set of plans, estimate and specifications will be prepared for the project as well as an estimate for each
segment. The following documents will be prepared and submitted for approval and final acceptance for
construction:

— 50% Plans, Technical Specifications, Estimate

— 100% Plans, Technical Specifications, Estimate

— Sealed Plans, Technical Specifications, Estimate

5a) Preliminary design

Design Criteria and Layout

WSP will establish design criteria and develop an overall concept exhibit that depicts the proposed
improvements for review and approval by the City before advancing the design.

WSP will assess ADA ramps within the limits of each roadway section for compliance with ADA
requirements. It is estimated that 5 ramps will need to be upgraded along Orangewood, 5 ramps will need to
be upgraded along 71‘ Ave, and 7 ramps will need to be upgraded along 79" Ave. It Is assumed that MAG
details will be referenced for retrofit or installation of new ramps.

Geotechnical investigation | Pavement Design

Geotechnical investigation and memorandum will be provided for the Orangewood roadway section to
identify and special requirements needed for the removal of the existing SRP ditch in preparation for
roadway widening. WSP will perform two borings which will be advanced to a depth of about 10 feet
adjacent to the existing SRP ditch. In addition, 2 additional borings will be performed within the 79" Ave
roadway pavement which is showing severe distress to evaluate existing pavement thickness and subgrade
conditions. Soil samples will be collected and limited lab tasting will be performed. Borings will be
backfilled with soil cuttings and capped with AC cold patch, where needed. Traffic control is assumed to be

WSP 3
City of Glendale On-Call — Roadway Transportation

Scalloped Streets

needed and will consist of temporary lane shifts on 79"" Avenue. It is assumed a permit from the City of
Glendale will be required to perform the investigation. AZ811 will be notified for utility locates prior to the
investigation.

Findings from the investigation and recommendations pertaining to pavement subgrade preparation will be
summarized in a memorandum.

Pavement design will be based on the City’s requirements per the roadway classification. It is assumed that
a 3” mill and replace of the 79"" Ave pavement segment will be required and included with the scope of
work under this project but maybe revised pending results of the geotechnical investigation.

Existing and Proposed Drainage Review

Per the 2011 Glendale Area Stormwater Management Plan (ASMP), no off-site flows pass through the
improvements along 71th Ave and 79" Ave. Therefore, no review on the off-site drainage and only on-site
pavement drainage will be reviewed for these two sites. For the Orangewood Ave site, the ASMP shows
both 10-year and 100-year storm volume exceeds the existing detention basin volume, resulting in off-site
flow overtopping on to existing Orangewood Ave. WSP will perform off-site reviews on the existing
condition and proposed condition of Orangewood Ave, to check if the existing drainage pattern is
maintained and to assess adverse impact to adjacent properties if any.

WSP will perform limited on-site pavement surface hydrology and hydraulics analysis for proposed
concepts and compare with the design criteria in the Maricopa County Drainage Policies and Standards
(2018) and the Glendale Engineering Design and Construction Standards (2015).

Spread and flow depth calculation will be performed for proposed streets where curb and gutter installed.
Maricopa county Drainage Policies and Standards (2018) will be used to assess whether proposed condition
has met design criteria based on each road classification.

Design of proposed drainage infrastructure is not included in this scope of work. Upon completion of the
existing and proposed on-site pavement drainage review, if additional drainage infrastructure is required,
design of these features will be added via contract modification.

5b) Roadway and Traffic Plans
WSP will develop roadway design plans and shall include the following sheets:
— Cover sheet with plan sheet key map, legend, and notes sheet (1)

— Typical section sheet (1)

— Plan and profile (P/P) sheets (3 for Orangewood, 3 for 71st Ave, 2 for 79th Ave)

— Driveway detail sheets (assume 2 sheets)

— Special details (up to 2)

— Roadway cross sections (at 50-foot increments)

— Traffic signing and pavement marking general notes sheet (1)

— Traffic signing, and pavement marking plans (1 for Orangewood, | for 71st Ave, 1 for 79th Ave)

— Sign Summary Sheets (3 sheets)

ADA ramp improvements will be identified on the roadway plans. Utility pedestal relocations, valve
adjustments, manhole adjustments, and fire hydrant relocations will be shown on the roadway plans, if any.

Utility relocations will be identified as “TO BE RELOCATED BY OTHERS” on the roadway plans. Plan
sheets will be prepared using a horizontal scale of 1” =20’ and vertical scale of 1”°=2’.

WSP 4
City of Glendale On-Call — Roadway Transportation

Scalloped Streets

Traffic signing, and pavement marking plans will be prepared for each roadway segment. Signing and
pavement marking improvements will be shown on the same plan sheets, prepared at a scale of 1”=40’ with
a double-stacked view. A sign summary will be included documenting existing and new signs shown in the
plans.

Traffic control plans or itemized traffic control quantities will not be developed. Traffic control items will
be priced out as a lump sum line item in the cost estimate.

5c) Specifications and Engineer’s Opinion of Probable Construction Cost (Estimate)

General Specifications will be prepared by the City. Supplemental technical specifications will be prepared
by WSP. Supplemental technical specifications will be provided to the City with the 50%, 100% and Sealed
submittals.

Opinions of probable construction cost will be prepared using standard unit costs and standard City bid
items. An estimate will be provided with the 50% and 100% submittals. A bid schedule will be provided
with the Sealed submittal.

Deliverables:
— All submittals will be electronic (PDF format)
— 50% Submittal (Plans, Technical Provisions, Estimate) — electronic copy, AutoCAD DWG base files
— 100% Submittal (Plans, Technical Provisions, Estimate) — electronic copy, AutoCAD DWG base
files
— Final Sealed Submittal (Sealed Plans, Technical Provisions, Estimate) — electronic copy, AutoCAD
DWG base files

Assumptions:
— Discipline design items not included in this scope of work:
» Environmental evaluation or studies
= Traffic analyses
= Private irrigation design
= Drainage design
= Lighting design
" Traffic signal design
= Structural design
= Landscaping/Irrigation/Aesthetics design
= SWPPP design
— First flush retention is not required for this project
— A drainage report will not be prepared. A drainage memorandum summary for existing and proposed
on-site pavement assessment will be prepared.
— A pavement report or memorandum will not be prepared.
— Stormwater protection best management practice notes will be provided by the City
— Post design services and bidding assistance are not included in the scope of work
— Preparation of exhibits or applications for permits is not included in the scope of work
— The City Design Engineer will seal the final contract Specification package
— Submittals will be made to the City’s Project Manager for internal distribution for a 15-day (3-week)
review period at Scoping, 50%, and 100%
— A comment resolution meeting will be conducted following each City review period

WSP 5
City of Glendale On-Call — Roadway Transportation

Scalloped Streets

— Comments emerging from the comment review meetings will be addressed with each subsequent
submittal

— A written summary of the comments and resolutions will be included with each subsequent submittal

— Upon City approval of the 100% submittal, WSP will submit the Sealed package to the City

— Public outreach will be done by the City
— Utility Clearance letter will not be prepared.

Task 6: Project Management and Coordination

The WSP Design Project Manager (Design PM) will have responsible charge of the progress of each phase
of the project. The Design PM will be the point of contact for the City and will keep the City informed of all
Coordination with outside agencies and other affected parties. The Design PM will be responsible for
administrative issues, technical direction of the work, scheduling, and budgetary oversight for the project, as
well as Coordination and reporting with the City’s Project Manager.

The Design PM will prepare meeting agendas, attendance/sign-in sheets, and minutes to be distributed
electronically. A copy of the agendas, attendance/sign-in sheets, and minutes will be provided to the City’s
Project Manager who will distribute to the project team unless other guidance is provided by the City
Project Manager. Meeting minutes will be sent within 5 business days. Agendas will be sent out 2 days
before the meeting.

This task includes:

— Project Kick-Off Meeting — review scope, deliverables, schedule, and next steps (1 meeting, 2 WSP
staff)

— Preliminary Design Review Meeting (1 meeting, 2 WSP staff, includes meeting agenda,
attendance/sign-in sheets, and meeting minutes)

— 50% Comment Review Meeting (1 meeting, 3 WSP staff, includes meeting agenda, attendance/sign-
in sheets, and meeting minutes)

— 100% Comment Review Meeting (1 meeting, 3 WSP staff, includes meeting agenda,
attendance/sign-in sheets, and meeting minutes)

— One site visit is anticipated, by 2 WSP staff

Deliverables:

— Meeting agendas, attendance/sign-in sheets, meeting minutes provided for all meetings
— Initial Schedule and updates

— Quality Control review on deliverables

— Summary of comments and resolutions for all submittals

— Monthly invoices

Assumptions:

— WSP will lead the discussions for all meetings

— Meetings will be held virtually, one meeting is assumed to be in-person at the City

— No presentations or meetings with City council or other City departments are included in the scope of
work

— Post Design Services are not included and will be performed as requested by contract modification.
These services include effort after construction contract award, such as assisting with RFI response
(post-contract RFIs) and shop drawing review, attending construction meetings and as-built preparation.

WSP 6
City of Glendale On-Call — Roadway Transportation

January 2023 to November 2023

EXHIBIT C
Professional Services Agreement

SCHEDULE

Scalloped Streets

City of Glendale

2023-2024 On-Call Professional Services — Roadway Transportation

WSP USA Inc.

Task Order No. 02

Scalloped Streets

EXHIBIT C — Project Schedule

The table below presents a proposed schedule for the Tasks described in Exhibit A and an assumed Notice

to Proceed date of March 1*', 2023.

ITEM DATE
NTP March 01, 2023
Project Kick-off Meeting March 2023
Topo Survey March2023
Scoping Concept Submittal April2023
Scoping Concept Review/Comment Resolution May 2023
50% Submittal (Plans, Estimate) July 2023
50% Submittal Review/Comment Resolution August 2023
50% Submittal Utility Company Review September2023
Field Walk with Plans September 2023
100% Submittal (Plans, Estimate, Specifications) October 2023
100% Submittal Review/Comment Resolution October 2023
Sealed Plans, Estimate, Specifications November 2023

WsP
City of Glendale On-Call — Roadway Transportation