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4/29/2021
C20-0896-2
AMENDMENT NO. ONE
CHOLLA WATER TREATMENT PLANT
PROCESS AND BOOSTER PUMP STATION IMPROVEMENTS - GMP3
(Construction Manager at Risk Agreement, Contract No. C20-0896)
This Amendment No. One (“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 PCL
Construction, Inc.,, a Colorado corporation authorized to do business in Arizona
(“Contractor”).
RECITALS
A.
City and PCL Construction, Inc. (“Contractor”) previously entered into
Construction Manager at Risk Agreement GMP3, Contract No. C20-0896, dated
October 13, 2020 (“Agreement”); and
B.
City and PCL Construction, Inc. (“Contractor”) entered into a contract extension,
Contract No. C20-0896-1, dated March 3, 2022, increasing the length of term of
contract; and
C.
City is seeking to increase the Guaranteed Maximum Price for Construction Manager
at Risk GMP3 due to contractor assistance and unforeseen conditions and increase
the compensation to be paid under this agreement by an additional $219,752.99 and
extend the term thru August 15, 2023;
D.
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 a ten (10) month period from
October 22, 2022 through August 15, 2023, unless otherwise terminated or canceled
as provided by the Agreement. All other provisions of the Agreement except as set
forth in this Amendment shall remain in their entirety.
3.
Scope of Work. The scope of work is expanded to include PCL assist with
unrelated underground feeder wire repair and west wing underground plumbing
replacement at the administration building.
4/29/2021
4.
Compensation. The compensation shall be increased by an additional $219,752.99
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.
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
PCL Construction, Inc.
a Colorado corporation
By:
Mike McKinney
Its:
District Manager
4/29/2021
CHOLLA WATER TREATMENT PLANT
ADMINISTRATION BUILDING
IMPROVEMENTS
April 17, 2023
Description
Authorized
Expenditure
Construction – Cholla WTP Improvements
GMP#3
PCL Construction - GMP #3
$4,046,768.00
Project Allowance
$1,462.000.00
Owners Contingency
$550,877.00
(GMP3 Total = $6,059,645.00)
Amendment #1 – Time Extension ONLY
$0.00
Amendment #2 - Final Compensation Adjustment
PCL assist with unrelated underground feeder wire
repair - $126,101.59
$219,752.99
West Wing Underground Plumbing replacement at
administration building – $93,651.40
Construction Sub-Total
$6,279,397.99
November 22, 2021
Tom K.aczmarowski
City of Glendale
Engineering Department
5850 West Glendale Avenue
Glendale A Z 85301
TK.aczmarowski@glendaleaz.com
Subject: Cholla WTPimprovements Project#l61751 & 161752-GMP 3
Re: RFP # P-060 - Repulling Feeders
Mr. K.aczmarowski,
CONSTRUCTION LEADERS
PCL Construction, Inc. hereby submits Request for GMP 3 Allowance release in the amount of
$126,101.59 for the above referenced project.
This proposal includes the labor and materials to:
•
Removal of damaged feeder cables
•
Loading out of scrap recycling for COG.
•
Reinstallation of new feeders.
This proposal does not include:
•
Anything not listed above.
•
Caustic removal or remediation
•
Generator rentals
This proposal includes normal markups per the contract documents.
Pricing for this proposal is based upon labor, material and normal markup cost elements. This
proposal does not include costs associated with sequence changes, disruptions or delays, extended
overhead and acceleration. This scope of work must be done concurrently with annual plant
shutdown.
Sincerely,
PCL Construction
PaulLaVanne
Project Engineer
Phone 805-551-9836
E-mail: paullavannc@pcl.com
PCL CONSTRUCTION, INC.
1711 West Greentree Drive, Suite 201- Tempe, Arizona 85284
District Phone ( 480) 829-6333 District Fax { 480) 829-8252
www.pcl.com