Contract # : 6452 - PROJECT ENGINEERING CONSULTANTS LTD - Execution Date: 6/23/2008 42748 7143
City l 's • •
Contract Indexing Form
Contract # Date Purge Date
6452 6/23/2008
Name(s)
PROJECT ENGINEERING CONSULTANTS LTD
ARROWHEAD SEWER LINES REHABILITATION
Location
ARROWHEAD RANCH AREA
Job # Job # Job #
056030
Resolution # Resolution # Resolution #
Index By
RD (7-3-08)
Scanned By
Hcrofilmed By
■ ■
C-6452
AGREEMENT FOR PROFESSIONAL SERVICES 06/23/2008
CITYCLERIC ARROWHEAD SEWER LINES REHABILITATION
OR1GI N w L CITY PROJECT NO.056030
K This Agreement for Professional Services ("Agreement") is made by and between CITY OF GLENDALE, an
Arizona municipal corporation ("City"), and PROJECT ENGINEERING CONSULTANTS, LTD. (PEC), an Arizona
Corporation(the "Consultant")as of the date last noted below.
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 hereto(the"Project.");
B. City desires to retain the professional services of Consultant to perform those specific duties and produce the
specific work product as set forth in the Scope of Work, attached hereto as Exhibit B(the"Scope");
C. Consultant desires to provide City with professional services,consistent with best engineering practices that the
standards set forth in this Agreement, in order to complete the Project("Professional Services");and
D. City and Consultant desire to memorialize their agreement with this document.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the mutual
promises and covenants contained in this Agreement,and other good and valuable consideration,City and Consultant agree
as follows:
1. Professional Services and Key Personnel; Sub-consultants.
1.1 Services. The Professional Services that Consultant must provide will consist of all services necessary to
assure the Project is completed timely and efficiently consistent with the Scope, 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,retained by City.
1.2 Project Team.
(A) Project Manager.
(1) Consultant will designate a professional employee as Project Manager with sufficient
training,knowledge, and experience to,in the City's option,complete the project and
handle all aspects of the Scope such that the work product produced by Consultant is
consistent with applicable professional standards as detailed in this Agreement
(2) The City must approve the designated Project Manager;and
(3) To assure the Project schedule is met,Project Manager may be required devote no less
than a specific amount of time to the Project as set forth in the Scope.
(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.
(3) The City must approve the other personnel of Consultant assigned to the Project.
(C) Discharge,Reassign,Replacement.
(1) Consultant acknowledges the Project Team is comprised of the same persons and roles
for each as identified in their response to the project's Request For Qualifications.
(2) Consultant will not discharge,reassign or 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.
(3) Consultant will change any of the members of the Project Team at the City's request if
the employee's performance does not equal or exceed the level of competence that the
City may reasonably expect of a person performing those duties or if the acts or
omissions of that person are detrimental to the development of the Project.
(D) Sub-consultants.
(I) Consultant may engage specific technical consultant(each a"Sub-consultant")to
furnish certain of the Professional Services,
(2) Consultant will remain fully responsible for Sub-consultants' services.
(3) Sub-consultants must be approved by the City,unless the Sub-consultant was
previously mentioned in the response to Request for Qualifications.
(4) Consultant shall certify by letter that contracts with Sub-consultants have been executed
incorporating requirements and standards as set forth in this Agreement.
2. Schedule. The Professional Services will be undertaken in a manner that ensures the Project is completed timely
and efficiently in accordance with the Project Schedule, which is attached as Exhibit C (the "Schedule") and
within the City budget for the Scope.
3. Consultant's Work Product.
3.1 Standard. Consultant must perform the Professional Services in accordance with the standards of
professional due diligence,care,and quality prevailing among professionals having substantial
experience with the successful furnishing of services for projects that are equivalent in size, scope,
quality, and other criteria to the Professional Services and the Project identified in this Agreement.
3.2 Licensing. Consultant warrants that:
(A) Consultant and Sub-consultants will hold all appropriate and required licenses,registrations and
other approvals necessary for the lawful furnishing of the Professional Services("Approvals");
and
(B) Neither Consultant nor any Sub-consultant 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 and the failure of the Consultant to notify City as
required will constitute a material default under the Agreement.
3.3 Compliance. Professional 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.
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 the other
professionals retained by City on the Project("Coordinating Project Professionals").
(B) Subject to any limitations expressly stated in the Project Budget and Scope,Consultant will meet
to review the Project, Schedule,Project Budget,and in-progress work product with Coordinating
Project Professionals and City as often and for durations as City reasonably considers necessary
in order to ensure the timely work product delivery and Project completion.
(C) For projects not involving Coordinating Project Professionals, Consultant will proactively
interact with any other consultants when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
3.5 Work Product.
(A) Ownership. Upon receipt of payment for services furnished,Consultant grants to City,and will
cause its Sub-consultants to grant to the City,the exclusive ownership of and all copyrights 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.0§ 101,
et. seq.,and other intellectual work product("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 shall also remove the Consultant's seal and title block from the Work
Product.
4. Compensation for Professional Services.
4.1 Compensation. Consultant's compensation for the Professional Services,including those furnished by its
Sub-consultants and Allowances(as defined below),will not exceed$44,678,as specifically detailed in
Exhibit D(the"Compensation").
4.2 Change in Scope. The Compensation may be equitably adjusted if the originally contemplated scope of
services as outlined in the Scope is significantly modified.
(A) Adjustments to the Compensation require a written amendment to this Agreement and may
require City Council approval.
(B) Additional services which are outside the scope of basic services contained in this agreement
may not be performed by the Consultant without prior written authorization from the City.
4.3 Allowances. An"Allowance"may be identified in Exhibit D only for work that is required by the Scope
and the value of which cannot be reasonably be quantified at the time of this Agreement.
(A) As stated in§4.1,the Compensation must incorporate all Allowance amounts identified in
Exhibit B 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 Sub-consultant.
(C) Consultant will not use any portion of an Allowance without prior written authorization from the
City.
(D) Examples of Allowance items include but are not limited to subsurface pothole investigations,
survey, geotechnical investigations,public participation,radio path studies,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 markup(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(A)above 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) All drawings,reports and other Work Product generated by Consultant and its Sub-
consultants, and
(2) Unconditional waivers and releases on final payment from Sub-consultants as City may
reasonably request to assure the Project will be free of claims arising from the
Professional Services..
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 the Professional 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.
(1) If City's damages resulting from the breach,as determined by City, are less than the
equitable amount due but not paid Consultant for Professional Services furnished,City
will pay the amount due to Consultant,less City's damages, in accordance with the
provision of§ 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. Conflicts. 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.
8.1 Requirements. Consultant must obtain and maintain the following insurance("Required Insurance"):
(A) Consultant and Sub-consultants. Consultant, and each Sub-consultant performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below(collectively referred to herein as the"Consultant's Policies"),until
each Parties'obligations under this Agreement are completed.
(B) General Liability.
(1) Consultant must at all times relevant hereto carry a commercial general liability policy
with a combined single limit of at least$1,000,000 per occurrence and$2,000,000
annual aggregate.
(2) Sub-consultants must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least$1,000,000 per occurrence.
(3) This commercial general liability insurance must include independent contractors'
liability, contractual liability,broad form property coverage,XCU hazards and a
separation of insurance provision.
(4) These limits may be met through a combination of primary and excess liability
coverage.
(C) Auto. A business auto policy providing a liability limit of at least$1,000,000 per accident for
Consultant and$1,000,000 per accident for Sub-consultants and covering owned,non-owned
and hired automobiles.
(D) Workers'Compensation and Employer's Liability. A workers'compensation and employer's
liability policy providing at least the minimum benefits required by Arizona law and employer's
liability with limits not less than$1,000,000 for each accident.
(E) Professional Liability. A professional errors and omissions liability policy providing at least
minimum limits of$1,000,000 each claim.
(F) Notice of Changes. Consultant's Policies must provide for not less than 30 days'advance written
notice to City Representative of:
(1) Cancellation or termination of Consultant or Sub-consultant's Policies,
(2) Reduction of the coverage limits of any of Consultant or and Sub-consultant's Policies,
and
(3) Any other material modification of Consultant or Sub-consultant's Policies related to
this Agreement.
(G) Certificates of Insurance.
(1) Within 10 business days after the execution of the Agreement, Consultant must deliver
to City Representative certificates of insurance for each of Consultant and Sub-
consultant's Policies,which will confirm the existence or issuance of Consultant and
Sub-consultant's Policies in accordance with the provisions of this Exhibit, and copies
of the endorsements of Consultant and Sub-consultant's Policies in accordance with the
provisions of this Exhibit.
(2) City of Glendale is and will be under no obligation either to ascertain or confirm the
existence or issuance of Consultant and Sub-consultant's Policies,or to examine
Consultant and Sub-consultant's Policies,or to inform Consultant or Sub-consultant in
the event that any coverage does not comply with the requirements of this section.
(3) Consultant's failure to secure and maintain Consultant Policies and to assure Sub-
consultant's policies as required will constitute a material default under the Agreement.
(I3) Other Contractors or Vendors.
(1) Other contractors or vendors that may be contracted with in connection with the Project
must procure and maintain insurance coverage as is appropriate to their particular
contract.
(2) This insurance coverage must comply with the requirements set forth above for
Consultant's Policies(e.g.,the requirements pertaining to endorsements to name the
parties as additional insured parties and certificates of insurance).
(I) Policies. Except with respect to workers'compensation,employer's liability and professional
liability coverages, City must be named and properly endorsed as additional insureds on all
liability policies required by this Exhibit.
(1) The coverage extended to additional insureds must be primary and must not contribute
with any insurance or self insurance policies or programs maintained by the additional
insureds.
(2) All insurance policies obtained pursuant to this Exhibit must be with companies legally
authorized to do business in the State of Arizona and reasonably acceptable to all
parties
8.2 Sub-Consultants.
(A) Consultant must also cause its Sub-consultants to obtain and maintain the Required Insurance.
(B) City may consider waiving these insurance requirements for a specific Sub-consultant if City is
satisfied the amounts required are not commercially available to the Sub-consultant and the
insurance the Sub-consultant does have is appropriate for the Sub-consultant's undertaking under
this Agreement.
(C) Consultant and Sub-Consultants must provide to the City proof of the Required Insurance
whenever requested.
8.3 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 or Consultant's negligent actions,errors or omissions(including any Sub-
consultant or other person or firm employed by Consultant), whether sustained before or after
completion of the Professional Services furnished in connection with the Project.
(B) This indemnity and hold harmless 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 shall be liable only to the extent the Demand or Expense results from the
negligence or breach of a responsibility of Consultant or of any person or entity for whom
Consultant is responsible.
(C) Consultant is not required to indemnify any Indemnified Parties for, from,or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault solely
attributable to the Indemnified Party.
9. Notices.
9.1 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 private express overnight delivery service(delivery charges prepaid),
certified or registered mail(return receipt requested).
(1) A Notice will be deemed to have been delivered to the person to whom it is addressed
as of the date of receipt,if
(2) Received on a business day,or 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 on or
before 5:00 p.m.;or
(3) As of the next business day after receipt,if received after 5:00 p.m.
(C) The burden of proof of the place and time of delivery is upon the Party giving the Notice.
(D) Digitalized signatures and copies of signatures will have the same effect as original signatures.
9.2 Representatives.
(A) Consultant. Consultant's representative(the"Consultant's Representative")authorized to act on
Consultant's behalf with respect to the Project, and his or her address for Notice delivery is:
Steve Mortensen,P.E.
Project Engineering Consultants
2310 W.Mission Lane, Suite 4
Phoenix,AZ 85021
(B) City. City's representative("City's Representative")authorized to act on City's behalf,and his
or her address for Notice delivery is:
City Engineer
Engineering Department
City of Glendale
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 City Manager and 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.
10. 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.
11. Entire Agreement; Survival;Counterparts; Signatures.
11.1 Integration. This Agreement contains the entire agreement between City and Consultant and supersedes
all prior conversations and negotiations between the parties regarding the Project or this Agreement.
(A) Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
(B) Representations, statements,conditions,or warranties not contained in this Agreement will not
be binding on the parties.
11.2 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.
113 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 Professional Services,or the earlier termination
of this Agreement.
11.4 Amendment. No amendment to this Agreement will be binding unless in writing and executed by the
parties. Any amendment may be subject to City Council approval.
11.5 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.
11.6 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 to applicable law.
11.7 Counterparts. This Agreement may be executed in counterparts,and all counterparts will together
comprise one instrument.
12. Dispute Resolution. Each claim, controversy and dispute(each a"Dispute")between Consultant and City will be
resolved in accordance with Exhibit E. In such case when Exhibit E is not made part of this Agreement,a dispute
escalation process will be utilized to resolve questions of fact during the course of this contract. The final
determination will be made by the City.
13. Exhibits. The following exhibits,with reference to the term in which they are first referenced,are incorporated by
this reference.
Exhibit A Project
Exhibit B Scope of Work
Exhibit C Schedule
Exhibit D Compensation
Exhibit E Dispute Resolution
[Remainder of page intentionally left blank. Signatures appear on following page.]
The parties enter into this Agreement for Professional Services as of the last date shown below.
CITY OF GLENDALE,
an Arizona municipal corporation
Ed Beasley,6ty Manager!
APPROVE I AS TO FO' • ATTION
elt
Lit0.- /a-
Craig Tindall,City Attorney City lerk (S AL
Date: `',}--U /2t9 ,07/7 at/0F
PROJECT ENGINEERING CONSULTANTS,LTD.,
a[n]Arizona Corporation
By: 702.41/1-
PrintedName: Srt✓e AAot>6k1SC J
Its: C. E.O.
Professional Services Agreement—Exhibit A
PROJECT DESCRIPTION
This project will study and evaluate approximately three miles of deteriorated 30-inch to 42-inch sewer pipelines in the
Arrowhead Ranch area. The Consultant will coordinate with an on-going capacity study (by others), present options for
rehabilitating the pipelines and recommend one alternative in a written report. At the conclusion of the report, this
Agreement may be amended for design and construction administration services to rehabilitate the subject pipelines.
PROFESSIONAL SERVICES AGREEMENT—EXHIBIT B
SCOPE OF WORK
[ Cover Sheet]
EXHIBIT B
CITY OF GLENDALE
PROFESSIONAL SERVICES CONTRACT
Rehabilitation Study Services
Arrowhead Ranch Water Reclamation Facility— Sewer Lines Rehabilitation
Project No.: 056030
EXHIBIT B —SCOPE
Section 100—Project Management
Task 101 Not Used
Task 102 Not Used
Task 103 Not Used
Task 104 Project Management
Task 105 Monthly Invoicing
Task 106 Not Used
Task 107 Not Used
Task 108 Not Used
Task 109 Quality Assurance & Control Program
Section 200— Rehabilitation Study
Task 201 Project Kick-Off Meeting
Task 202 Kick-Off Meeting Minutes
Task 203 Utility Research
Task 204 Right-Of-Way Research
Task 205 Not Used
Task 206 Supplemental Survey
Task 207 Rehabilitation Study
Task 208 Study Presentation
Project Engineering Consultants, Ltd. Page 1 of 4
Phoenix, AZ
EXHIBIT B
REHABILITATION STUDY SCOPE OF SERVICES
CITY of GLENDALE
Arrowhead Ranch Water Reclamation Facility— Sewer Lines Rehabilitation
Project No. 056030
GENERAL PROJECT DESCRIPTION
This City of Glendale project encompasses the rehabilitation of approximately
three miles of 30-inch, 36-inch and 42-inch diameter sanitary sewer. The sewer
line to be rehabilitated is located along 67`h Avenue, from Beardsley Road south
to Union Hills Drive; Union Hills Drive, from 67th Avenue to 8151 Avenue; and,
along 8151 Avenue, from Union Hills Drive into the Arrowhead Water Reclamation
Facility. The existing sewer line accepts flow from an existing lift station located
at the northwest corner of 67th Avenue and Beardsley and conveys the flow into
the Arrowhead Water Reclamation Facility. The sewer line is constructed
primarily of PVC 270° lined reinforced concrete pipe with PVC 360° lined
reinforced concrete pipe crossing Loop 202 and entering the Water Reclamation
Facility. The system has experienced some liner detachment as well as low
velocity flows which promote solids deposition and accumulation and
deterioration of the concrete within the sewer lines.
The project will review the service area involved and study the feasibility of
different rehabilitation techniques and provide the City of Glendale with a report
recommending the preferred option. Upon completion of the Rehabilitation
Study, PEC and the City of Glendale will discuss the terms necessary to provide
a Design Services Scope of Work for the rehabilitation work. Construction
administration services related to the rehabilitation project will be included in the
design services Scope of Work.
All work performed under Exhibit A— Rehabilitation Study Scope of Services will
be on a Hourly (Time & Material) basis. Exhibit A also details the level of effort
and estimated cost to be expended on a per task basis.
•
Project Engineering Consultants, Ltd. Page 2 of 4
Phoenix, AZ
Project No. 056030 EXHIBIT B
Task 100—Project Management
101 Not Used
102 Not Used
103 Not Used
104 Project Management
The Consultant's project manager will provide for and manage staff resources
and supervise sub-consultant(s) to assure timely completion of the project.
105 Monthly Invoicing
The Consultant will prepare detailed monthly invoices for all work performed. All
Tasks will be invoiced on a percentage completed per period.
106 Not Used
107 Not Used
108 Not Used
109 Quality Assurance & Control Program
The Consultant will conduct a quality assurance and control program to check
each work product for consistency, clarity and constructability prior to submittal to
the City.
DELIVERABLES:
This Task has no deliverables except for monthly Invoicing.
Task 200— Rehabilitation Study
201 Project Kick-Off Meeting
The Consultant will schedule and conduct a project kick-off meeting with the City
at the City offices. The meeting will include project team introductions, establish
a team directory and primary lines of communication, review project purpose and
background, review project scope and proposed schedule, request background
information and identify and discuss other project related issues.
202 Kick-Off Meeting Minutes
The Consultant will prepare and distribute Kick-Off meeting minutes, including a
project team directory to all attendees.
203 Utility Research
The Consultant will research the locations of above and below ground utilities
within the affected areas for each of the pipelines within the study that will be
rehabilitated or repaired. The research information will be used during the
rehabilitation study to determine constructability issues for alternate design
scenarios. The information will be incorporated into the design phase
construction drawings and contract documents for the project.
Project Engineering Consultants, Ltd. Page 3 of 4
Phoenix, AZ
Project No. 056030 EXHIBIT B
204 Right-Of-Way Research
The Consultant will collect existing right-of-way information from the City for each
of the pipelines within the study that will be rehabilitated or repaired. The
research information will be used during the rehabilitation study to determine
constructability issues for alternate design scenarios. The information will be
incorporated into the design phase construction drawings and contract
documents for the project.
205 Not Used
206 Supplemental Survey
The Consultant will obtain sanitary sewer structure locations, inverts and casting
elevations for all structures on the sewer line to be studied. The Consultant will
also obtain additional topographic data as required for right of way mapping and
to locate existing features such as manholes, valves, and other utilities for the
project. Survey information will be tied to established horizontal and vertical
control points and benchmarks on City datum. All survey work will be under the
supervision of a registered land surveyor.
207 Rehabilitation Study
The Consultant shall prepare a sewer Rehabilitation Study for the existing
sanitary sewer line. The sewer Rehabilitation Study will be used by the
Consultant and the City to analyze the existing system and determine which
rehabilitation method(s) may be suitable for the project design.
The Consultant will provide a written report examining current pipeline flows as
determined by the City of Glendale's Flow Study as prepared by CDM, existing
pipeline capacities based on Manning's Equation, existing pipe diameters and
slopes and future pipeline capacities based on potential pipeline rehabilitation
methods, pipe diameters and slopes. The reported capacities will be reviewed
and compared to the original Basis of Design and Master Plans, if available, and
all current information available regarding the City of Glendale Sanitary System
Master Plan and service area and populations.
The sewer Rehabilitation Study will include the Consultant's recommendations
for rehabilitation methods for review by the City. The recommendation will
include both current and future flow considerations and probable costs of design
and construction.
The study will be delivered to the City in hard copy and electronic format for
review.
208 Study Presentation
The Consultant will schedule and conduct a meeting to present the findings and
recommendations of the sewer Rehabilitation Study with the City at the City
offices. No public meeting during design is anticipated for this project.
DELIVERABLES
Deliverables for this task will include six (6) copies of the sewer Rehabilitation Study for
Pre-design phase investigations.
Project Engineering Consultants, Ltd. Page 4 of 4
Phoenix, AZ
PROFESSIONAL SERVICES AGREEMENT—EXHIBIT C
SCHEDULE
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PROFESSIONAL SERVICES AGREEMENT—EXHIBIT D
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Compensation shall be Hourly Rate plus reimbursable expenses for Consultant and all Sub-consultants. Documentation
including monthly status report must be included with each Payment Application.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Consultant for full completion of all work required by the Scope during the entire
term of the project must not exceed$44,678.
DETAILED PROJECT COMPENSATION
Rehabilitation Study Services
Task 100—Project Management $4,416.34
Task 200—Pre-design Study $38,761.66
Direct Expenses(Reimbursibles) $1,500.00
Total Project Cost $44,678.00
PROFESSIONAL SERVICES AGREEMENT—EXHIBIT E
DISPUTE RESOLUTION
1. Disputes.
1.1 Commitment. The parties commit to resolving all disputes promptly,equitably,and in a good-faith,cost-
effective manner
1.2 Application. The provisions of this Exhibit will be used by the parties to resolve all controversies,
claims,or disputes("Dispute")arising out of or related to this Agreement—including Disputes regarding
any alleged breaches of this Agreement.
1.3 Initiation. A party may initiate a Dispute by delivery of written notice of the Dispute,including the
specifics of the Dispute,to the Representative of the other party as required in this Agreement.
1.4 Informal Resolution. When a Dispute notice is given,the parties will designate a member of their senior
management who will be authorized to expeditiously resolve the Dispute.
(A) The parties will provide each other with reasonable access during normal business hours to any
and all non-privileged records, information and data pertaining to any Dispute in order to assist in
resolving the Dispute as expeditiously and cost effectively as possible.
(B) The parties senior managers will meet within 10 business days to discuss and attempt to resolve the
Dispute promptly,equitably,and in a good faith manner,and
(C) The Senior Managers will agree to subsequent meetings if both parties agree that further meetings
are necessary to reach a resolution of the Dispute.
2. Arbitration.
2.1 Rules. If the parties are unable to resolve the Dispute by negotiation within 30 days from the Dispute
notice,unless otherwise informal discussions are extended by the mutual agreement,the Dispute will be
decided by binding arbitration in accordance with Construction Industry Rules of the AAA, as amended
herein. Although the arbitration will be conducted in accordance with AAA Rules, it will not be
administered by the AAA,but will be heard independently.
(A) The parties will exercise best efforts to select an arbitrator within 5 business days after
agreement for arbitration. If the parties have not agreed upon an arbitrator within this period, the
parties will submit the selection of the arbitrator to one of the principals of the mediation firm of
Scott& Skelly, LLC, who will then select the arbitrator. The parties will equally share the fees
and costs incurred in the selection of the arbitrator.
(13) The arbitrator selected must be an attorney with at least 15 years experience with commercial
construction legal matters in Maricopa County, Arizona,be independent,impartial,and not have
engaged in any business for or adverse to either Party for at least 10 years.
2.2 Discovery. The extent and the time set for discovery will be as determined by the arbitrator. Each
Party must, however, within ten (10) days of selection of an arbitrator deliver to the other Party copies of
all documents in the delivering party's possession that are relevant to the dispute.
2.3 Hearing. The arbitration hearing will be held within 90 days of the appointment of the arbitrator. The
arbitration hearing, all proceedings, and all discovery will be conducted in Glendale, Arizona unless
otherwise agreed by the parties or required as a result of witness location. Telephonic hearings and other
reasonable arrangements may be used to minimize costs.
2.4 Award. At the arbitration hearing, each Party will submit its position to the arbitrator, evidence to
support that position, and the exact award sought in this matter with specificity. The arbitrator must
select the award sought by one of the parties as the final judgment and may not independently alter or
modify the awards sought by the parties,fashion any remedy,or make any equitable order. The arbitrator
has no authority to consider or award punitive damages.
2.5 Final Decision. The Arbitrator's decision should be rendered within 15 days after the arbitration hearing
is concluded. This decision will be final and binding on the Parties.
2.6 Costs. The prevailing party may enter the arbitration in any court having jurisdiction in order to convert
it to a judgment. The nonprevailing party shall pay all of the prevailing party's arbitration costs and
expenses,including reasonable attorney's fees and costs.
3. Services to Continue Pending Dispute. Unless otherwise agreed to in writing, Consultant must continue to
perform and maintain progress of the Professional Services during any Dispute resolution or arbitration
proceedings,and City will continue to make payment to Consultant in accordance with this Agreement.
4. Exceptions.
4.1 Third Party Claims. City and Consultant are not required to arbitrate any third-party claim, cross-claim,
counter claim, or other claim or defense of a third-party who is not obligated by contract to arbitrate
disputes with City and Consultant.
4.2 Liens. City or Consultant may commence and prosecute a civil action to contest a lien or stop notice,or
enforce any lien or stop notice,but only to the extent the lien or stop notice the Party seeks to enforce is
enforceable under Arizona Law, including, without limitation, an action under A.R.S. § 33-420, without
the necessity of initiating or exhausting the procedures of this Exhibit.
4.3 Governmental Actions. This Exhibit does not apply to, and must not be construed to require arbitration
of,any claims,actions or other process filed or issued by City of Glendale Building Safety Department or
any other agency of City acting in its governmental permitting or other regulatory capacity.