10 13 26 DS - Second Amendment to Haydon Companies Agreement CPA for Design-Build Services

AMENDMENT NO. 2 TO THE
AGREEMENT FOR DESIGN-BUILD SERVICES
This Amendment No. 2 to Design-Build Contract (the “Amendment”) between City of
Tolleson, an Arizona municipal corporation (“CITY”) and Haydon Companies, LLC, an Arizona
limited liability company (the “Design-Builder”) is hereby entered into and shall be effective on
the last signature date set forth below.
Note: Amendment changes are noted with additions in bold font and deletions in strikeout font.
RECITALS
A. The City entered into a Design-Build Agreement dated July 22, 2024 with Design-
Builder (“Agreement”).
B. Pursuant to the Agreement, the purpose of this Amendment is to establish a scope
of work and fee schedule for the design phases, which are renamed herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are
incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Design-Builder hereby agree as follows:
1. The parties agree to amend Section 1.2.3 of the Contract, as follows:
1.2.3 Construction Phase. At or before the conclusion of the Pre-Construction
Phase, the Parties shall negotiate a Guaranteed Maximum Price
("GMP") for the Construction Phase based on the final design. If CITY
and the Design-Builder cannot agree on a GMP for the Construction
Phase, or the Project is otherwise delayed, cancelled, or terminated
after completion of the final design, the Parties expressly agree that CITY
may bid the construction work utilizing the Construction Documents as
defined below. Design-Builder shall provide full and complete copies of
the Construction Documents to the CITY.
If the Parties agree on a GMP, the CITY will provide Design-
Builder with a Notice to Proceed for the Construction Services
prior to any construction work commencing. The CITY is under
no obligation, legally or otherwise, to utilize the services of the
Design-Builder following the Pre-Construction Phase for any
reason. Design-Builder shall be compensated on a lump sum basis
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following the completion of the Construction Phase, unless the
parties agree otherwise on a satisfactory payment timeline
and/or method. The scope of services under this phase is set
forth in more detail in Exhibit G.
2. The parties agree to the amendments to Exhibit G as set forth in the attachments
included herewith and incorporated herein by this reference.
3. In all other respects, the Agreement is affirmed and ratified and, except as expressly
modified herein, all terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the
date and year last set forth below.
“City”
CITY OF TOLLESON,
an Arizona municipal corporation
Reyes Medrano, Jr., City Manager Date
ATTEST:
________________________________
Crystal Zamora, City Clerk
APPROVED AS TO FORM:
________________________________
Justin S. Pierce
Pierce Coleman PLLC
City Attorney
“Design-Builder”
HAYDON COMPANIES, LLC,
an Arizona limited liability company
By:
Name: Date
Title:
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EXHIBIT G
CONSTRUCTION SERVICES
[See following pages.]
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