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05/10/2023
C23-0274-1
AMENDMENT NO. ONE
ENVIRONMENTAL CONSULTANT FOR THE DCRP CITY HALL AND COUNCIL
CHAMBER BUILDING RENOVATION - OVERSIGHT AND SAMPLING SERVICES
(PROJECT NUMBER 202169.1 & 202169.5, Contract No. C23-0274)
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 Ninyo & Moore Geotechnical and Environmental
Sciences Consultants Inc., a California corporation, authorized to do business in Arizona
(“Contractor”).
RECITALS
A.
City and Ninyo and Moore Geotechnical and Environmental Sciences Consultants, Inc.
(“Contractor”) previously entered into Professional Services Agreement, Contract No.
C23-0274, dated March 14, 2023 (“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 $27,765; 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 March 13, 2025.
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 additional $27,765 as specifically
detailed in the attached Exhibit D. (Time and Materials)
5.
Insurance Certificate. Current certificate will expire on October 3, 2023 and a new certificate
applying to the extended term must be provided prior to this date to Materials Management
and the Contract Administrator.
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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.
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.]
EXHIBIT B
Professional Services Agreement
SCOPE OF WORK
Ninyo and Moore’s proposal scope of work includes the following:
•
Ninyo and Moore will review the contractor’s pre-job submittal, including worker and supervisor training
certifications and medical/respirator clearance paperwork, and proposed work plan for removal of the
ACM from each structure.
•
Ninyo and Moore’s site surveillance technician and project manager will conduct a pre-construction site
walk with the City-chosen contractor performing the asbestos abatement work, before or at the beginning
of the asbestos abatement site work. It is understood that the contractor has designed the means and
methods for the asbestos abatement project as part of their bid to the City, and that no further abatement
design work is requested from Ninyo and Moore.
•
Perform abatement contractor oversight during the asbestos removal operations on a full-time basis
(estimated to be eight hours per day, for 10 workdays). Also observe intact removal of LBP on yellow pole
gates in two stairwells of Cit Hall.
•
Conduct air sampling of perimeter areas surrounding the work area containments. To assess the potential
for unfiltered air flow out of the abatement work area enclosures (s). Samples to be analyzed by Phase
Contract Microscopy (PCM).
•
Perform visual clearance inspection of the ACM work area enclosures and LBP removal areas.
•
Perform post-abatement air sampling, including PCM analysis of clearance samples, from the ACM
abatement area enclosures.
•
Perform post-abatement lead-wipe clearance sampling from the flooring of the two identified LBP areas.
•
Prepare a post-abatement report that consists of a summary of the contractor’s work performed, laboratory
results of perimeter air sampling and clearance air sampling. Copies of the site surveillance/contractor
oversight technician’s daily reports, and abatement contractor’s post-job submittals, including containment
logs, worker certifications, NESHAP notice, and asbestos waste manifests.
The following assumptions will be used by Ninyo & Moore during this project:
•
The ACM abatement activities will be conducted during the regular business hours. Our inspection team
will coordinate with Glendale staff and City-chosen contractors.
•
Access will be granted to all appropriate areas of the site during the ACM abatement activities with no
delays or work stoppage beyond the control of Ninyo & Moore. Abatement oversight will not include
structure buried below grade, or other parts of the facility not previously described.
•
Scope of work for this proposal does not include abatement specifications, If desired, a cost proposal can
be prepared for this additional service.
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 $97,213
.
DETAILED PROJECT COMPENSATION
Original Professional Services Fee
$69,448
Amendment One
Job preparation, mobilization and Field Services
$18,150
Laboratory Analyses
$ 943
Report Preparation
$ 5,050
Owners Contingency
$ 3,622
Subtotal Total:
$27,765
TOTAL NOT TO EXCEED
$97,213