Amendment to agreement with Holly Street Studios LLC

City of Glendale — Regular Meeting (2024-04-23)

View PDF Item 10 Meeting page

Extracted text (via ocr_local) 4652 characters
C22-0658

AMENDMENT NO. 1
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN
PROFESSIONAL (CONSTRUCTION MANAGER AT RISK)
(202169, Contract No. C22-0658)

This Amendment No. 1 (“Amendment”) to the City of Glendale Standard Form of Agreement
Between Owner and Design Professional (Construction Manager at Risk) (“Agreement”) is made this

day of , 2024, (“Effective Date”), by and between the City of Glendale, an Arizona
municipal corporation (“City”) and Holly Street Studio, LLC, an Arizona Limited Liability Company,
authorized to do business in Arizona (“Contractor”).

RECITALS

A. City and Holly Street Studio, LLC (“Contractor”) previously entered into a Standard Form of
Agreement Between Owner and Design Professional (Construction Manager at Risk),
Contract No. C22-568, dated June 28, 2022 (“Agreement”); and

B. City is seeking to expand the scope of services and increase the compensation to be paid under
this agreement by and additional $300,000 and

Cc. 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 4, 2027.

3. Scope of Work. Additional design and construction administration services to accommodate
the following:

a. Interior renovation of the Council Chambers

b. Civil engineering for storm water management systems and off-site improvements on the
Downtown Campus Reinvestment Project site.

c. Additional meetings associated with interior renovation of Council Chambers and Downtown
Campus Reinvestment Project.

d. Design Services (Conceptual Study) for the Velma Teague Libary

4. Compensation. Design Services (includes construction administration) $200,557, plus Owner
Contigency $99,443 for a total increase of $300,000.

05/10/2023

10.

Insurance Certificate. Current certificate will expire on 12/16/2024 and a new certificate
applying to the extended term must be provided prior to this date to Materials Management
and the Contract Administrator.

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.

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.

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

(3) 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.

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.

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.]

05/10/2023

ATTEST:

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

Julie K. Bower, City Clerk

APPROVED AS TO FORM:

(SEAL)

Michael D. Bailey, City Attorney

Holly Street Studio, LLC
an Arizona Limited Liability Company

ZAI

By: Diane R. |4¢obs, FAIA

Its: Principal (47

05/10/2023