Agreement with Consor North America, Inc.

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10/05/2023 
C 
PROFESSIONAL SERVICES AGREEMENT 
PROJECT 171846-APOLLO GARDENS DRAINAGE IMPROVEMENTS 
This Professional Services Agreement ("Agreement") is entered into and effective between CITY OF GLENDALE, 
an Arizona municipal corporation ("City") and Consor North America, Inc., an Oregon corporation, authorized to do 
business in the State of Arizona, ("Consultant") as of the _____ day of _________________, 2025 (“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, Scope of Work (the "SOW");
B.
City desires to retain the professional services of Consultant to develop, create, make, generate, supply, deliver,
provide and/or perform the specific benefits, services, tasks, activities, expertise, etc. as set forth in the Scope
of Work; and
C.
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 all portions, tasks, 
activities and specifications of the SOW (the “Services”) are completed timely and efficiently 
consistent with the SOW’s 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 SOW 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 perform the SOW by
Consultant will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the perform the SOW 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 perform the SOW 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 completion of the SOW. 
d. 
Subcontractors. 
(1) 
Consultant may engage specific technical contractors (each a "Subcontractor") to 
furnish certain Service. 
(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 SOW is completed on time and in 
a cost- efficient manner.  The Services, including any interim milestones, shall be completed in accordance 
with the schedule contained in Exhibit A. 
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 SOW 
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 any other 
professionals retained by City ("Coordinating Professionals").

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b. 
Consultant will meet to review the Services to be provided in the SOW, Schedule and in-
progress work with Coordinating Professionals and City as often and for durations as City 
reasonably considers necessary in order to ensure the timely work delivery and SOW 
completion. 
c. 
For projects not involving Coordinating 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 SOW. 
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. 
4.1 
Compensation.  Consultant's compensation for the Services, including those furnished by its 
Subconsultants or Subcontractors will not exceed $115,362 as specifically detailed in Exhibit B 
("Compensation"). 
4.2 
Change in Scope of Work.  The Compensation may be equitably adjusted if the original SOW is 
significantly modified, but only as provided below. 
a. 
Adjustments to the SOW, including adding any additional Services or any change in the 
amount of Compensation available hereunder, require a written amendment to this 
Agreement and may require City Council approval. 
b. 
Additional services which are outside the scope of the original SOW 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 
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,

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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 in Section 4.1 above. 
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 City 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. 
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

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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 $2,000,000 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 $2,000,000 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 $4,000,000 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 $2,000,000 per 
accident for bodily injury or disease. 
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 SOW 
and/or Services. 
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.

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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 Services 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 the SOW and/or Services, 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). 
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.

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9. 
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Consultant warrants 
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. 
Uyghur Forced Labor Prevention Act (UFLPA). Consultant certifies that it does not currently, and during 
the term of this Agreement, will not use: 
a.  
the forced labor of ethnic Uyghurs in the People’s Republic of China;  
b. 
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s 
Republic of China; and  
c. 
any contractors, subcontractors or suppliers that use the forced labor or any goods or 
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 
12. 
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. 
13. 
Notices. 
13.1 
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. 
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. 
13.2 
Representatives. 
a. 
Consultant.  Consultant's representative (the "Consultant's Representative") authorized to 
act on Consultant's behalf with respect to the SOW and/or Services, and his or her address 
for Notice delivery is: 
 
Mark V. Lee 
Consor North America, Inc. 
2432 West Peoria Avenue, Suite 1246

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Phoenix, Arizona 85029 
 
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  David Beard, City Engineer 
Engineering Department 
5850 West Glendale Avenue 
Glendale, Arizona 85301 
 
With required copy to: 
City Manager 
City Attorney 
City of Glendale 
City of Glendale 
5850 West Glendale Avenue 
5850 West Glendale Avenue 
Glendale, Arizona  85301 
Glendale, Arizona  85301 
c. 
Concurrent Notices. 
(1) 
All notices to City's representative must be given concurrently to City Manager and 
City Attorney. 
(2) 
A notice will not be deemed to have been received by City's representative until the 
time that it has also been received by the City Manager and the City Attorney. 
(3) 
City may appoint one or more designees for the purpose of receiving notice by 
delivery of a written notice to Consultant identifying the designee(s) and their 
respective addresses for notices. 
d. 
Changes.  Consultant or City may change its representative or information on Notice, by 
giving Notice of the change in accordance with this section at least ten days prior to the 
change. 
14. 
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 SOW or Services. 
15. 
Entire Agreement; Survival; Counterparts; Signatures. 
15.1 
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 SOW 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. 
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. 
15.2 
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.

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15.3 
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 SOW, or the earlier termination of this 
Agreement. 
15.4 
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. 
15.5 
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. 
15.6 
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. 
15.7 
Counterparts.  This Agreement may be executed in counterparts, and all counterparts will together 
comprise one instrument. 
16. 
Term.   
16.1 
Extensions.  The term of this Agreement commences upon the effective date and continues for a 
two (2) year initial period.  The City may, at its option and with the approval of the Consultant, extend 
the term of this Agreement an additional one (1) years, 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 extension period.  Price adjustments will only be reviewed 
during the Agreement extension period and will be a determining factor for any extension.  There 
are no automatic extensions or renewals of this Agreement.  
16.2 
Extension for Procurement Process.  Upon the expiration of the Term of this Agreement, including 
the initial term and any extensions, 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. 
17. 
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. 
18. 
Cooperative Use of Contract.  This agreement may be extended for use by other governmental agencies 
and political subdivisions of the State. Any such usage by other entities must be in accord with the ordinances, 
charter, rules and regulations of the respective entity and the approval of the Contractor and City.  For a list 
of SAVE members, click on the following link: 
 http://www.mesaaz.gov/business/purchasing/save  
19. 
Exhibits.  The following exhibits, with reference to the term in which they are first referenced, are 
incorporated by this reference. 
 
Exhibit A 
Scope of Work 
Exhibit B 
Compensation 
 
 
The parties enter into this Agreement effective as of the date shown above.

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City of Glendale, 
an Arizona municipal corporation 
_____________________________________ 
By:  Kevin R. Phelps 
Its:  City Manager 
ATTEST: 
Julie K. Bower 
(SEAL) 
City Clerk 
APPROVED AS TO FORM: 
Michael D. Bailey 
City Attorney 
Consor North America, Inc., 
an Oregon corporation 
_____________________________________ 
By:  Mark V. Lee 
Its:  Principal/Project Manager

EXHIBIT A 
Professional Services Agreement 
SCOPE OF WORK 
 
This project contract is a continuation of previous contract C21-1102. The previous contract completed the 
preliminary drainage analysis of the site and proposed alternatives within a preliminary drainage report. This contract 
would involve final drainage design and construction administration services for the selected alternative.  
The project would address drainage issues around the existing catch basin located on the west side of 61st Avenue, 
south of Hearn Road. During significant rain storm, the area around the catch basin is inundated with stormwater 
and the home at 14062 N. 61st Avenue experiences flooding. The Consultant will complete the final drainage design 
of the selected alternative presented in the preliminary drainage report. The consultant would provide sealed 
biddable plans and sealed final drainage report. In addition, the consulant may also be retained for construction 
administration services listed as an allowance in the proposal. 
 
See attached Scope of Work Apollo Gardens Drainage Design Project No. 171846 for the City of Glendale, for full 
scope detail.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 1 
 
EXHIBIT A 
SCOPE OF WORK 
APOLLO GARDENS DRAINAGE DESIGN 
PROJECT NO. 171846 
CITY OF GLENDALE, ENGINEERING DEPARTMENT 
General 
This Scope of Work prescribes engineering services to be provided by Consor North America, Inc. (Consultant) for the 
City of Glendale (City). This project includes the design of recommended drainage improvements as described in the 
Apollo Gardens Drainage Study report completed under separate contract and dated February 2024. The project is 
needed to help reduce the localized flooding that occurs during significant rain events in the vicinity of 61st Avenue 
and Hearn Road.  
Project Understanding 
The recommended improvements for the selected drainage study alternative (Alternative 3) include the following 
items of work. Note that the recommended alternative has been modified to avoid costly and time-consuming right-
of-way acquisition from the FCDMC for work in the ACDC. 
 61st Avenue and Hearn Road 
o 
New valley gutter across 61st Avenue at its intersection with Hearn Road to redirect stormwater flows 
across 61st Avenue to the west where the flows drain into the existing Arizona Canal Drainage Channel 
(ACDC). 
 61st Avenue south of Hearn Road 
o 
Remove the existing 15-inch storm drain pipe that is located adjacent to/under an existing block wall 
between the properties at 14062 N. 61st Avenue and 14058 N. 61st Avenue; install a new 18-inch pipe in 
its place that extends west and possibly to the north and outfalls into the existing Tract A parcel owned 
by the City of Glendale. This work may still require a construction easement from FCDMC along the west 
side of the existing parcels. A swale needs to be graded such that any drainage flows north and outlets 
near 61st Avenue and Hearn Road where the existing roadway drainage sheet flows across a concrete 
apron and into the ACDC.  
o 
Replace the existing catch basin on 61st Avenue with an appropriately sized catch basin. 
o 
Remove and reconstruct the existing block wall between the parcels and the damaged wall panels at the 
pipe outlet. It is estimated that one panel (between pilasters) will need to be replaced on the back wall 
of the two parcels and the pilasters may need to be replaced as well. 
 61st Avenue and Calavar Road 
o 
New valley gutter across 61st Avenue and Calavar Road with a drainage scupper 
o 
Relocate concrete sidewalk as needed to grade a new drainage swale that directs stormwater from the 
scupper to the existing storm drainpipe inlet. This work may require a construction easement from 
FCDMC.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 2 
 
Scope of Services 
The Consultant will provide analysis, design, and construction documents including plans, technical specifications, and 
estimated construction costs for the improvements included in the preceding paragraphs along with additional related 
work. Our detailed Scope of Services is described in the following pages.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 3 
 
Task 1 - Project Management 
Objective 
Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual 
obligations required for developing and implementing the project scope. 
Activities 
Task 1.1 Monitor Progress and Prepare Status Reports 
Consultant will provide services required to administer the contract and budget, including but not limited to 
preparation and review of invoices, including expenditures by task, hours worked by project personnel, and other 
direct expenses with the associated backup documentation. Monthly status reports will accompany each invoice and 
include monthly expenditures and cumulative charges to budget by Task, including cost-to-complete, and cash flow 
projections.  
Task 1.2 Conduct and Attend Meetings 
Consultant will conduct bi-weekly meetings with City staff to discuss specific technical aspects of the design, progress 
in the development of the design, and related issues that may affect project design. The anticipated meetings will 
consist of the following: 
 Kick-off Meeting (one meeting) 
 Progress meetings with City management staff (up to eight meetings) 
 Other coordination meetings as necessary with City and stakeholders (up to one meeting) 
Consultant will prepare and distribute meeting agenda and document and distribute the meeting notes for each 
meeting. Consultant will maintain communication with the City through in-person, telephone, or email 
communication.  
Task Deliverables 
 Consultant shall deliver to the City a monthly invoice and status report covering: 
o 
Work on the project performed during the previous month. 
o 
Meetings attended. 
o 
Problems encountered and actions taken for their resolution. 
o 
Potential impacts to submittal dates, budget shortfalls or optional services. 
o 
Budget Analysis. 
o 
Issues requiring project team action. 
Assumptions 
 Consultant assumes up to 10 one-hour meetings with the City plus time for meeting preparation, preparation 
of meeting notes, and transmittal of meeting notes.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 4 
 
Task 2 – Design Development 
Objective 
This task prescribes the design and design submittals the Consultant will prepare for City review as progress is made 
on design and preparation of construction drawings and specifications. Progress deliverables from the Consultant will 
be reviewed by the City and others during the design development period.  
Preparation of construction drawings and technical specifications will be as follows: 
 Drafting Standards:  The organization and preparation of construction drawings shall be in accordance with 
the City’s CADD standards and drafting guidelines. 
 Design plans will be prepared at a scale of 1”=20’ with construction notes corresponding to the plan view. 
 Technical Specifications (Special Provisions):  Technical specifications shall be prepared for items of work not 
covered in the City’s supplements to the MAG Standard Specifications, MAG Standard Details, and to 
properly identify work requirement.  
The anticipated design plan sheets are included in the following table: 
Sheet Type 
No of 
Sheets 
Cover 
1 
Legend, Abbreviations & Key Map 
1 
Notes 
1 
Survey Control 
1 
Plan & Profile Sheets 
1 
Plan Sheets 
2 
Detail Sheets 
2 
Structural Design Sheets 
3 
Structural Detail Sheets 
1 
Total Anticipated Plan Sheet Count 
13 
 
Activities 
Task 2.1 Survey 
Survey information will be tied to established horizontal and vertical control points and benchmarks on City datum. 
Horizontal controls will be based on survey benchmarks provided by the City. Survey work will be under the 
supervision of a registered land surveyor. Base mapping will be provided in AutoCAD. 
The Consultant will provide full topographic survey of the project area and will locate and identify pertinent above 
ground features within the street right-of-way including roadway monumentation, centerline pavement elevations, 
intersecting streets and driveways, raised medians, fences, sidewalks, edge of pavement, traffic signage, curb, gutter, 
valve boxes and nut elevations, manhole rim and inverts, utility boxes, irrigation structures, poles, hydrants, plants, 
shrubs, and other visible features. Lot lines and property boundaries obtained from the City/County will also be shown 
on the topo drawings for illustration purposes and not for use as legal description.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 5 
 
Project areas to be surveyed include: 
 61st Avenue from Hearn Road to just north of Redfield Road and including approximately 100 feet on Hearn 
Road both east and west of 61st Avenue. 
 61st Avenue and Calavar Road including 100 feet north on 61st Avenue, 100 feet east on Calavar Road and 
200 feet west along the sidewalk between the south wall of the house and the north edge of the storage unit 
drainage basin to the existing storm drain inlet. 
 Area north of the homes along 61st Avenue (Tract A) north to the existing concrete apron where roadway 
drainage sheet flows into the ACDC. 
Task 2.2 Utility Research, Mapping, and Coordination 
Consultant will identify, investigate, and confirm alignment conflicts associated with the proposed work and assist 
those utilities with mitigation for clearance. The Consultant will identify potential utility conflicts with the proposed 
storm drain alignment and prepare documents for underground investigation and potholing if required. A utility 
coordination matrix will be prepared and submitted to the City and utility owners as the design progresses. It is 
anticipated that a minimum of two plan submittals will be made to utility owners for review.  
Task 2.3 Right-of-Way and Easement Evaluation 
The Consultant will collect existing public right-of-way information from the City and/or Maricopa County for the 
project area to verify right-of-way ownership and limits. This information will be used during the design and 
incorporated into the construction drawings and contract documents.  
Consultant will evaluate and determine easement needs for the project through design development and 
coordination with Flood Control District of Maricopa County (FCDMC) and the City. It is anticipated that temporary 
construction easements may be needed where the extension of the proposed swale near Calavar Road that will outlet 
into the existing storm drain pipe at the ACDC is located as well as the outfall area of the new storm drain pipe between 
the two parcels near Tract A. This scope of work includes one (1) legal description and exhibit to be prepared for a 
permanent easement from FCDMC and provided to the City. 
Task 2.4 Flood Control District of Maricopa County Coordination 
The Consultant will coordinate with FCDMC to define requirements and issues associated with extension of a new 
swale into FCDMC right-of-way near 61st Avenue and Calavar Road.  
It is anticipated that a permit will be required from FCDMC for entry into their right-of-way to extend the proposed 
swale to the existing pipe inlet. The Consultant will incorporate FCDMC specific requirements into the proposed design 
and any other pertinent information into the construction documents. 
Task 2.5 Project Design 
The project design will be based on the approved Apollo Gardens Drainage Study report completed under separate 
contract dated February 2024. No formal progress submittals will be prepared for this project. Instead, updated design 
plans and technical specifications will be transmitted to the City’s project team and reviewed and discussed in bi-
weekly meetings. The design will progress based on discussions in the meetings with the City. As the design progresses 
towards final, we will endeavor to resolve conflicts with the proposed work. In addition, the work will be shown in 
sufficient detail so that a contractor can recognize work elements and requirements for construction with the effort 
that needs to be completed. The technical specifications for each discipline will be coordinated and will have 
progressed where the design intent is established. All utilities will be shown, and the plans will become the mechanism 
for utility coordination with utility departments and companies.  
Comments from the City and/or design team will be discussed in the bi-weekly meetings and the construction plans 
and technical specifications updated as appropriate based on the results of the discussions. It is anticipated that the

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 6 
 
design will be at the 60% level approximately 8 weeks after NTP is received and will have progressed to the 90% level 
approximately 14 weeks after NTP is received with the final design completed at 16 weeks after the NTP is received. 
The Consultant will prepare final sealed drawings and technical specifications. All such documents will be complete 
and ready for construction pricing of the work. All QA/QC will be completed, and the construction documents made 
ready for submittal to the City. It is assumed that this project will be constructed via low bid or Job Order Contracting. 
Task 2.6 Opinion of Construction Cost 
The Consultant will prepare and submit an opinion of probable construction cost that will be updated as the design 
progresses. An opinion of probable construction cost at final design completion will be prepared. The City will suggest 
a time frame for when the project will be constructed, and the Consultant will include an appropriate amount for 
contingency and inflation in the opinion of construction cost to reflect anticipated conditions at the time of 
construction.  
Task Deliverables 
 Legal description and exhibit for one (1) easement. 
 Informal progress plans, specifications, and cost estimate for “over the shoulder” review by the City. 
 Final sealed plans, specifications, and cost estimate at final submittal including paper format if requested. 
Assumptions 
 The City will conduct “over the shoulder” reviews of design progress during the design phase bi-weekly 
meetings with the City with assumed two week review by FCDMC at the 60% level.  
 Consor will provide legal description and exhibit for up to one (1) easement in the FCDMC right-of-way. 
 The City will acquire any easements or new right-of-way required for the project. 
 The City will coordinate access onto private property to facilitate survey and design operations. 
 FCDMC permit costs will be the responsibility of the Contractor during the construction phase. 
 Design schedule is 16 weeks from receipt of the notice to proceed.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 7 
 
Task 3 Allowances 
Task 3.1 Pothole Services (TBD) 
The Consultant will retain the services of a subsurface utilities investigation firm to perform potholing to establish the 
exact horizontal and vertical location of conflicting utilities associated with excavation for pipe replacement and new 
structures. To estimate costs, it is assumed that a total of up to 10 potholes may be performed for this project. 
Task 3.2 – Construction Administration Services 
The following are specific items of work included on this project for the construction administration and inspection of 
the Contractor’s work. It is assumed that the construction will take up to 90 calendar days to complete. The hours 
included for field inspector assumes 4 hours per week of inspection time. 
Bidding Services 
During project bidding, the Consultant will respond to contractor requests for information (RFI), attend the bid 
opening, and assist the City to organize and tabulate contractor bids. The Consultant will evaluate the bids and the 
qualifications of the bidders and make a written recommendation to the City for award. 
Pre-Bid Meeting 
The Consultant will conduct a Pre-Bid Meeting with the City and contractors who are considering bidding the project. 
The Consultant will provide an overview of the project; answer contractor questions; clarify issues with the plans and 
specifications; and prepare and distribute meeting minutes. In addition, items requiring an addendum will be 
identified and an addendum issued (see Addenda section). 
Addenda 
As required, the Consultant will issue addenda before and during the bidding phase to address clarification of the 
plans and specifications. All addenda will be provided to the City in the form of a sealed document, either full-size 
plan sheet or an 8-1/2 x 11 sheets of paper. All plan related addenda for the project will be included in the record 
drawings provided to the City at the end of the construction. 
On-Site Inspection and Review of Work 
An inspector will be furnished by the Consultant to maintain a periodic presence at the project site as detailed below:  
 Conduct on-site inspections of the work in progress to assist in determining if the work is proceeding in 
accordance with the construction documents and that completed work conforms to the construction 
documents. 
 Identify whenever it is believed that any work is unsatisfactory, faulty, or defective or does not conform to 
the construction documents, or does not meet the requirements of inspections, tests or approval required 
to be made, or has been damaged prior to final payment; and advise when it is believed work should be 
corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or 
approval. 
 Provide support to the City’s inspector as needed. The furnishing of such project representation will not make 
the Consultant responsible for construction means, methods, techniques, sequences, or procedures, or for 
safety precautions or programs, or for the Contractor’s failure to perform their work in accordance with the 
contract documents.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 8 
 
Interpretation of Construction Documents 
The Consultant will receive and transmit clarifications and interpretations of the construction documents as requested 
by the City’s inspector or other representative. Clarifications from the Consultant will be provided to the City with the 
understanding that the City will forward the direction to the Contractor. 
Submittals, Shop Drawings, and Test Results 
The Consultant will receive, review, evaluate, and distribute (or take other appropriate action in respect of) submittals, 
shop drawings, samples, test results, and other data which Contractor is required to submit. The Consultant’s review 
shall be for conformance with the design concept of the project and compliance with the information given in the 
construction documents. Such review or other action shall not extend to means, methods, sequences, techniques, or 
procedures of construction selected by Contractor(s), or to safety precautions and programs associated thereto.  
The Consultant will promptly and in accordance with Project schedule requirements, review and approve, reject, or 
take other appropriate action on the Contractor’s request for substitutions. The Consultant will not approve any 
proposed substitution unless such substitution conforms to the project design concept and the construction contract 
documents including the contract price. 
Submittal review efforts are based upon a maximum of two (2) reviews per submittal and that no more than fifty 
percent (50%) of the total number of first submittals will require two (2) reviews. 
Meetings 
The Consultant will attend weekly construction meetings with the City and Contractor. Attendance at these meetings 
is to provide clarification/guidance on design issues and to monitor progress of the Contractor.  
Change Orders 
The Consultant will promptly consult with and advise the City concerning change order requests and change orders. 
The Consultant will prepare, when requested by the City, required drawings, specifications and other supporting data 
regarding change order requests and change orders. 
Records 
Whenever the Consultant inspector or other Consultant personnel are on-site observing the Contractor’s work, daily 
reports recording Contractor's work performed on the job site, major construction equipment on-site, weather 
conditions, data relative to questions of extras or deductions, daily activities, decisions, subcontractors on-site, 
observations will be prepared. 
The Consultant will maintain a digital photographic file of the progress of the construction activities when on site. This 
photo file will consist of color photographs taken to document specific construction activities where the information 
may be of future value. The photographs will be labeled as to the subject, and date of the photo and the photos will 
be kept in files which have been formatted to represent the specific construction area of the Project. 
Substantial and Final Completion Inspection 
Following notice from the Contractor and request from the City, the Consultant will participate in an inspection to 
determine if the project or the work associated with interim milestones is substantially complete in accordance with 
the construction documents.  
Following notice from the Contractor and request from the City, the Consultant will participate in the final inspection 
to determine if the finished work has been completed to the standard required by the construction documents, 
determine whether required inspections and approvals for permit compliance have been satisfactorily completed, 
and Contractor has fulfilled the obligations.

Consor • 10/14/2024 • Apollo Gardens Drainage Design • City of Glendale 
Scope of Work • 9 
 
Record Drawings 
The Consultant will prepare a set of record drawings for the project showing those changes made during construction 
and sealed by the engineer of record. Record drawing information shall be based on marked-up prints, drawings, and 
other data furnished by Contractor to City and Consultant which Consultant will review for accuracy and 
completeness. The record drawings shall be available to the City within thirty (30) days of receipt of all data in its 
entirety from the Contractor. 
Deliverables 
 One (1) set of electronic files representing record drawing information copied on two flash drives. This set of 
record drawings shall be developed in electronic format using AutoCAD. 
 One (1) set of addenda prepared by the Consultant on behalf of the City 
 One (1) set of documents detailing all assistance given to the City in evaluating bids and making a 
recommendation for award. 
 One (1) set of electronic files representing record drawing information. This set of record drawings shall be 
developed in electronic format using AutoCAD. 
Assumptions 
 The project will take approximately three (3) months to complete construction. 
 Meeting agendas, meeting minutes, and scheduling of meetings will be the responsibility of the City or 
Contractor. 
 The City or Contractor will provide materials testing for the project. 
 The City or Contractor will provide construction staking for the project. 
 The project will be delivered via low bid. If the project is delivered via job order contracting (JOC) or 
construction manager at risk (CMAR), the Bid Phase Services tasks listed above will be used to cover costs 
associated with similar work for JOC or CMAR such as review of contractor cost proposals, responding to 
contractor questions, addenda, etc.

EXHIBIT B 
Professional Services Agreement 
COMPENSATION 
 
METHOD AND AMOUNT OF COMPENSATION 
Time and materials not to exceed $115,362. 
NOT-TO-EXCEED AMOUNT 
The total amount of compensation paid to Consultant for Services as defined herein during the entire term of the 
Project must not exceed $115,362.  
DETAILED PROJECT COMPENSATION 
See attached.

PROFESSIONAL SERVICES
Task 1 - Project Management Services
=
9,098
$               
Task 2 - Design Development
=
61,264
$             
NOT TO EXCEED FEE =
70,362
$        
ALLOWANCES
Task 3.1 - Pothole Services (TBD) - 10 potholes @ $2,000/each
=
20,000
$             
Task 3.2 - Construction Administration Services
=
25,000
$             
TOTAL ALLOWANCES =
45,000
$        
TOTAL =
115,362
$     
10/14/2024
EXHIBIT B
CITY OF GLENDALE, ENGINEERING DEPARTMENT
FEE  ESTIMATE
PROJECT NO. 171846
APOLLO GARDENS DRAINAGE DESIGN

$285.00 /Hr
$211.00 /Hr
$153.00 /Hr
$161.00 /Hr
$166.00 /Hr
$180.00 /Hr
$134.00 /Hr
Hours
Amount
Hours
Amount
Hours
Amount
Hours
Amount
Hours
Amount
Hours
Amount
Hours
Amount
Hours
Amount
1
PROJECT MANAGEMENT
1.1
Monitor Progress and Prepare Status Reports
6
$1,710
$0
$0
$0
$0
$0
$0
6
$1,710
1.2
Conduct and Attend Meetings
20
$5,700
8
$1,688
$0
$0
$0
$0
$0
28
$7,388
Subtotal Task 1
26
7,410
$    
8
1,688
$    
0
-
$         
0
-
$         
0
-
$         
0
-
$         
0
-
$         
34
$9,098
2
DESIGN DEVELOPMENT
2.1
Survey
$0
2
$422
$0
8
$1,288
8
$1,328
40
$7,200
$0
58
$10,238
2.2
Utility Research, Mapping, and Coordination
1
$285
1
$211
8
$1,224
8
$1,288
$0
$0
$0
18
$3,008
2.3
Right-of-Way and Easement Evaluation
1
$285
1
$211
$0
12
$1,932
12
$1,992
$0
$0
26
$4,420
2.4
FCDMC Coordination
2
$570
4
$844
8
$1,224
4
$644
$0
$0
$0
18
$3,282
2.5
Project Design
12
$3,420
36
$7,596
64
$9,792
96
$15,456
$0
$0
$0
208
$36,264
2.6
Opinion of Construction Cost
4
$1,140
8
$1,688
8
$1,224
$0
$0
$0
$0
20
$4,052
Subtotal Task 2
20
5,700
$    
52
10,972
$  
88
13,464
$  
128
20,608
$  
20
3,320
$    
40
7,200
$    
0
-
$         
348
$61,264
TOTALS 
46
13,110
$   
60
12,660
$   
88
13,464
$   
128
20,608
$   
20
3,320
$     
40
7,200
$     
0
-
$          
382
$70,362
Project
Manager
Sr. Project
Engineer
Engineer
Total Direct 
Labor Fees
EXHIBIT B
FEE  ESTIMATE
APOLLO GARDENS DRAINAGE DESIGN
PROJECT NO. 171846
CITY OF GLENDALE, ENGINEERING DEPARTMENT
10/14/2024
Sr. Designer/ 
CADD 
Technician
Survey
Manager
Survey Crew
(2-man)
Sr. Inspector
TASK 
NO
TASK
DESCRIPTION