Amendment Two

City of Glendale — Regular Meeting (2023-04-25)

View PDF Item 5 Meeting page

Extracted text (via pymupdf) 4184 characters
4/29/2021 
 
 
 
 
 
 
 
 
 
  C21-0337-2 
AMENDMENT NO. TWO 
LUKE AFB LIFT STATION 
(Construction Manager at Risk Agreement, Contract C21-0337-2) 
 
This Amendment No. Two (“Amendment”) to the Construction Manager at Risk Agreement 
(“Agreement”) is made this ______ day of ________, 2023, (“Effective Date”), by and 
between the City of Glendale, an Arizona municipal corporation (“City”) and Flex 
Constsruction Company, Inc., an Arizona corporation (“Contractor”). 
 
RECITALS 
 
A. 
City and Felix Construction Company, Inc. (“Contractor”) previously entered into a 
Construction Manager at Risk Agreement GMP1, Contract No. C21-0337, dated April 
27, 2021 (“Agreement”); and 
 
B. 
City and Contractor entered into Amendment No. One, Contract No. C21-0337-1, 
dated April 12, 2022, increasing the scope of services and compensation by an 
additional $249,084.65; and 
 
C. 
City is seeking to expand the scope of services and increase the compensation to be 
paid under this agreement by an additional $152,668; 
 
D. 
The Agreement allows the parties to amend the terms at any time; and; 
 
E. 
City and Contractor wish to modify and amend the Agreement subject to and strictly 
in accordance with the terms of this Amendment. 
 
AGREEMENT 
 
In consideration of the mutual promises set forth herein and other good and valuable 
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and 
Contractor hereby agree as follows: 
 
1. 
Recitals.  The recitals set forth above are not merely recitals, but form an integral part 
of this Amendment. 
 
2. 
Term.  The term of the Agreement is extended for an additional six (6) months and 
shall expire on June 30, 2023. 
 
3. 
Scope of Work. The scope of work is expanded to include security 
modifications, control upgrades, additional paving, piping changes, and traffic control.
 
 
4.  
Compensation. The compensation shall be increased by an additional $152,668. 
 
5. 
Insurance Certificate.  Current certificate will expire on May 1, 2023 and a new 
certificate applying to the extended term must be provided prior to this date to 
Materials Management and the Contract Administrator.

4/29/2021 
6. 
Non-discrimination.   Contractor 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. Contractor will require any 
Sub-contractor to be bound to the same requirements as stated within this section. 
Contractor, and on behalf of any subcontractors, warrants compliance with this 
section.  
 
7.  
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. 
 
8. 
Attestation of PCI Compliance.  When applicable, the Contractor will provide the 
City annually with a Payment Card Industry Data Security Standard (PCI DSS) 
attestation of compliance certificate signed by an officer of Contractor with oversight 
responsibility. 
 
9. 
Ratification of Agreement.  City and Contractor hereby agree that except as 
expressly provided herein, the provisions of the Agreement shall be, and remain in full 
force and effect and that if any provision of this Amendment conflicts with the 
Agreement, then the provisions of this Amendment shall prevail. 
 
[Signatures on the following page.]

4/29/2021 
        CITY OF GLENDALE, an Arizona 
 
 
 
 
 
 
municipal corporation 
 
 
 
 
 
 
 
 
___________________________________ 
 
 
 
 
 
 
Kevin R. Phelps, City Manager 
 
ATTEST: 
 
 
____________________________________ 
Julie K. Bower, City Clerk                 (SEAL) 
 
 
APPROVED AS TO FORM: 
 
 
____________________________________ 
Michael D. Bailey, City Attorney                 
 
 
 
Felix Construction Company, Inc.  
 
an Arizona corporation 
 
 
 
 
 
 
By: 
David Gianetto 
Its: 
Principal