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05/10/2023
C
AMENDMENT NO. 1
CITY COURT BUILDING RENOVATIONS
(Project No. 192058, Contract No. C22-0084)
This Amendment No. 1 (“Amendment”) to the Professional Services Agreement (“Agreement”) is
made this ______ day of ________, 2023, (“Effective Date”), by and between the City of Glendale,
an Arizona municipal corporation (“City”) and Dick & Fritsche Design Group, Inc., an Arizona
corporation, authorized to do business in Arizona (“Contractor”).
RECITALS
A.
City and Dick & Fritsche Design Group, Inc. (“Contractor”) previously entered into a
Professional Services Agreement, Contract No. C22-0084, dated January 25, 2022
(“Agreement”); and
B.
The City is seeking to expand the Scope of Work and increase the compensation to be paid
under this agreement by an additional $98,506, and
C.
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 unchanged and shall expire on January 24, 2024.
3.
Scope of Work. The additional services to be provided are identified in the attached as
Exhibit B. Contractor agrees to comply with all the terms, conditions of the Professional
Services Agreement. Such terms, conditions and specifications are specifically incorporated
into and are an enforceable part of this Agreement.
4.
Compensation. Additional compensation for the change in the Scope of Work is required
for the project during the entire term is increased by an additonal $98,506, to a new not to
exceed amount of $350,526, as specifically detailed in the attached Exhibit D (Time and
Materials).
5.
Insurance Certificate. Current certificate will expire on December 6, 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,
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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.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor 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.
9.
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.
10.
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.]
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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
Dick & Fritsche Design Group, Inc.
an Arizona corporation
By:
Michael Schmitt, AIA
Its:
President
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
City of Glendale Court Building Renovations
Dick and Fritsche Design Group (DFDG) will provide additional Architectural and Engineering Design Services for
the following scope of work:
x
ASR02 - The City of Glendale has requested that DFDG and their consultant, LSW Engineers
proceed with the design of deferred maintenance work regarding outside air and piping insulation
in the building’s plenum space.
General scope information:
Design a new roof mounted, dedicated outdoor air system (DOAS) to replace existing
fans.
Prepare design for replacement of insulation on above-ceiling chilled water piping
throughout the building, including on-site assessment of existing chilled water piping
condition and make recommendations regarding need for replacement, if found to be
corroded.
DFDG will provide coordination of this work with the overall construction document
package.
x
ASR03 – The City of Glendale has requested that DFDG and their consultant, LSW Engineers
proceed with the design for the replacement of 2-1/2” and larger chilled water piping throughout
the court building.
General scope information:
Provide off-hours investigation and planning for routing new pipe installation.
Prepare design for installation of new chilled water piping, and phasing narrative.
DFDG will provide coordination of this work with the overall construction document
package.
x
ASR004 – The City of Glendale has requested that DFDG and their consultant, LSW Engineers to
proceed with the installation of the DOAS Unit on the roof of the Glendale Courthouse. This is for
the structural engineering for the support of the DOAS unit.
General scope information:
Provide site visit for visual confirmation of selected location and adjacent structure.
Prepare structural calculations and details for the necessary support structure.
Provide construction phase support.
x
ASR05 – Provide additional design services pertaining the replacement of fan coils throughout the
court building.
General scope information:
The City wishes to add scope of work to replace all plenum mounted fan coil units within
the courthouse facility. The design will include a bid alternate for replacement of the
chilled water piping between the trunk lines being replaced as part of the base project, and
new fan coil units. DFDG will oversee their consultant’s LSW Engineers work, coordinate
architectural design and submit for permits.
EXHIBIT D
Professional Services Agreement
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Compensation shall be based on hourly rates plus estimated allowances for reimbursable expenses.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $98,506
.
DETAILED PROJECT COMPENSATION
Original Professional Services Fee
$252,020
Amendment One
Architectural and Engineering Design Services
ASR02- Roof Mtd. DOAS Unit, Repl. Chill Water Piping
$10,274
ASR03- Replace Chilled Water Piping
$9,130
ASR04- Structural Engr’g. Support of the DOAS Unit
$5,720
ASR05- Fan Coil Unit Replacements
$23,382
Owners Contingency
$50,000
Subtotal:
$98,506
TOTAL NOT TO EXCEED
$350,526