Amendment to Agreement with Michael Baker International Inc
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1 05/10/2023 C19-0553-5 AMENDMENT NO. One (1) CITY ZONING CODE REWRITE SERVICES (City of Glendale Solictation No. RFP 19-42, Contract No. C19-0553) This Amendment No. One (1) (“Amendment”) to the City Zoning Code Rewrite Consultant Services Agreement (“Agreement”) is made this ______ day of ________, 2024, (“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”) and Michael Baker International, Inc., a Pennsylvania Corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. City and Michael Baker International, Inc. (“Contractor”) previously entered into an services agreement, Contract No. C19-0553, dated June 24, 2019 (“Agreement”); and B. City and Contractor previously entered into Contract Extension No. 1, extending the term of the Agreement from June 24, 2020 through June 23, 2021; and C. City and Contractor previously entered into Contract Extension No. 2, extending the term of the Agreement from June 24, 2021 through June 23, 2022; and D City and Contractor previously entered into Contract Extension No. 3, extending the term of the Agreement from June 24, 2022 through June 23, 2023; and E City and Contractor previously entered into Contract Extension No. 4, extending the term of the Agreement from June 24, 2023 through June 23, 2024; and F. 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 June 23, 2024. 3. Scope of Work. This Amendment expands the scope of work in the Agreement by adding additional UDC Modification and Coordination described in Exhibit A (in the section entitled "Task 1") at a fixed fee. The scopes of work is otherwise unchanged. 4. Compensation. The additional Scope of Work for Task 1 (as described in Exhibit A to this Amendment) will increase the original compensation by $35,000, with a new new not to exceed amount of $485,000. 2 05/10/2023 5. Insurance Certificate. Current certificate will expire on 8/3/2024 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. 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 in this Agreement, the provisions of the Agreement 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.] 3 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 Michael Baker International, Inc. a Pennsylvania corporation By: Kevin Kugler Its: Project Director City Zoning Code Rewrite Services - Unified Development Code (RFP 19-42, MOD 1) Scope of Work ______________________________________________________________________________ Task 1: Additional UDC Modification and Coordination This Task provides additional support for the final preparation and adoption of the City of Glendale Unified Development Code. Work associated with this Task shall consist of assisting staff in researching, reviewing, and updating previously drafted zoning text, as well as drafting additional regulations and finalizing all redline recommended amendments based on staff direction. This Task shall also include attendance and facilitation assistance at necessary project team meetings and public meetings, along with City staff, to review the progress and obtain formal adoption of work included in this Amendment. For the performance of services as set forth by this Amendment and as described in the Scope of Work contained within EXHIBIT, MICHAEL BAKER shall be compensated a fixed fee of $35,000, unless otherwise approved by the CLIENT. Task Description Fee Additional UDC Modification and Coordination TOTAL FEE $35,000