CONTRACT AMENDMENT

City of Glendale — Regular Meeting (2023-09-12)

Extracted text (via pymupdf) 10041 characters

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05/10/2023

C21-0718-2
AMENDMENT NO. 1
75th AVE RECONSTRUCTION, GLENDALE TO NORTHERN AVENUES
(PROJECT NO. 202122, Contract No. C21-0718)

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 Entellus, Inc., an Arizona Corporation, authorized to
do business in Arizona (“Consultant”).

RECITALS

A.
City and Entellus, Inc. (“Consultant”) previously entered into Professional Services
Agreement, Contract No. C21-0718, dated August 10th 2021 (“Agreement”); and

B.
City and Consultant previously entered into Contract Extension No. 1 on July 17, 2023 to
extend the design contract to August 9, 2024.

C.
City and Consultant 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 Consultant 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 August 9, 2024.

3.
Scope of Work. This amendment includes the cost to modify the exisitng design of the
roadway from a reconstruction to a mill and overlay. All other items shall remian a part of the
scope of work.

4.
Compensation. The compensation for this agreement will increase by $22,177.44, for a new
not to exceed amount of $214,211.16.

5.
Insurance Certificate. Current certificate will expire on June 30, 2024 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. Consultant 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. Consultant will require any Sub-contractor to be bound
to the same requirements as stated within this section. Consultant, and on behalf of any
subcontractors, warrants compliance with this section.

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05/10/2023

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). Consultant 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 Consultant will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Consultant with oversight responsibility.

10.
Ratification of Agreement. City and Consultant 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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05/10/2023
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
Entellus, Inc.
an Arizona Corporation
By:
William A. Linck, PE
Its:
President & CEO

Re:
Contract Modification for 75th Avenue Improvements

City of Glendale Project No. 202122

Entellus Project No. 340.069D

Contract Modification #1

Dear Mr. Gerhard,

Entellus is requesting a contract modification and reallocation of funds for additional services which have been
performed and are needed to be performed to complete the design phase services of the 75th Avenue Improvements
project.

Additional Work Completed to Date (Billed towards Allowances):
Entellus worked closely with the City staff and provided additional services including an interim 95% roadway design
submittal and City review, landscape design services provided by Waibel & Associates requested by the City after the
60% submittal and updates to the pavement design and bid documents at the 100% milestone. Included below is a
summary of the additional services previously invoiced towards the contract’s allowances and the remaining estimation:

Pay Request #16: Invoice 27450 (Submitted 6/02/2023 for Billing Period 1/30/23 to 4/30/203)
Allowances Budget

$61,323.00
Allowances Billed to Date

$48,757.58

Allowances Balance Remaining

$12,565.42

Remaining Amount to be Invoiced:

Greenlight Traffic

$1,945.50

Waibel & Associates

$3,800.00

Estimated Entellus Billing (May 1 - July 30)
$6,500.00

Total

$12,245.50

Additional Work Needed (Task 508 – Contract Modification #1):
At the request of the City, the improvements shall be updated from a full pavement reconstruction to a Mill & Overlay.
The proposed street lighting, traffic signal, landscape, median, ramp upgrades and signing and striping will be the same
as shown on the final design plans. To update the construction documents the following will be required:

•
Update to the typical sections and details.
•
Update to the construction notes and quantities.
•
Update and design proposed pavement profile.
•
Analyze existing drainage cross slopes, proposed impacts of the mill and overlay and any potential
substandard drainage and provide recommendations.
•
Update to the Engineer’s Opinion of Probable Cost and Bid Tab.
•
Updated to the Project Specifications.

See Exhibit B for hour breakdown and proposed fee associated.

Intelligent Engineering • Innovative Solutions • Inclusive Culture
3033 N. 44th Street, Suite 250, Phoenix, AZ 85018
(602) 244-2566
www.entellus.com
engineers@entellus.com
An additional $10,000 was included in Task 507 Additional Services as Requestion. This amount is intended to
replenish the existing allowance and shall be utilized for additional unanticipated items such as permit fees, bidding
phase assistance, subconsultant redesign, utility coordination, etc. is task shall be approved by the City’s Project
Manager prior to utilizing this allowance.

We appreciate this opportunity to serve the City of Glendale. Should you have any questions or require additional
information, please do not hesitate to contact me at (602) 244-2566.

Sincerely,
ENTELLUS, INC.

Brian Wilcox, P.E.

Attachments:

Exhibit B - Project Estimating Sheet

City of Glendale Project # 202122
City of Glendale
Entellus Project #340.069D
75th Avenue - Glendale Ave to Northern Ave
Project
Project
Project
Senior
CADD
Admin.
2-Man
Total
Total
Direct
Task
Principal
Manager
Engineer
EIT
Designer
Tech
Assistant
RLS
Crew
Hours
Amount
Expenses
254.32
$
179.52
$
149.60
$
104.72
$
138.38
$
89.76
$
85.27
$
194.48
$
167.55
$
100
0
0
0
0
0
0
0
0
0
0
-
$
-
$
200
0
0
0
0
0
0
0
0
0
0
-
$
-
$
300
0
0
0
0
0
0
0
0
0
0
-
$
-
$
400
0
0
0
0
0
0
0
0
0
0
-
$
-
$
500
0
16
0
40
24
20
0
0
0
100
12,177.44
$
$10,000.00
501
Street Lighting and Traffic Signal Design Services
0
-
$
502
Geotechnical Design Services
0
-
$
503
Landscaping Design Services
0
-
$
504
Public Relations / Coordination
0
-
$
505
Potholing Coordination (5 @ $1000 ea.)
0
-
$
506
Printing & Reproduction
0
-
$
507
Additional Services as Requested
0
-
$
$10,000.00
508
Contract Modification #1
16
40
24
20
100
12,177.44
$
0
0
0
0
0
0
0
0
0
0
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
$0.00
TOTAL STAFF HOURS FOR ALLOWANCES ONLY
0
16
0
40
24
20
0
0
0
100
12,177.44
$
10,000.00
$
$22,177.44
EXHIBIT B
August 8, 2023
TOTAL STAFF HOURS BASIC DESIGN SERVICES
DIRECT LABOR COST
TOTAL DIRECT EXPENSES
TOTAL PROJECT COST (NOT TO EXCEED)
Allowances
Design Development
Utility Coordination
PROJECT HOURS AND FEES
Project Management Services During Design
Data Collection and Research
WORK ITEM
DESCRIPTION
Contract Modification #1
3033 N. 44th Street, Suite 250, Phoenix, AZ 85018
(602) 244-2566
www.entellus.com
engineers@entellus.com
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