Amendment to Agreement with T.Y. Lin International Inc (Updated 1/13/2025)*

City of Glendale — Regular Meeting (2025-01-14)

View PDF Item 7 Meeting page

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Docusign Envelope ID: 774912C2-8C33-4BA6-B77A-E05D4E27AE72

C23-0277-2

AMENDMENT NO. 1
HAWK Crosssing at 59th Avenue and Evergreen Road
(Project No. 222335, Contract No. C23-0277)

This Amendment No. 1 (“Amendment”) to the Professional Services (“Agreement”) is made
this 14th day of January, 2025, (“Effective Date”), by and between the City of Glendale, an Arizona
municipal corporation (“City”) and T-Y. Lin International, Inc., a California Corporation, authorized
to do business in Arizona (“Contractor”).

RECITALS

City and T-Y. Lin International, Inc. (“Contractor”) previously entered into Professional
Services Agreement, Contract No. C23-0277, dated March 14, 2023 (“Agreement”); and

City and Contractor previously entered into Contract Extention No. 1 on March 13, 2024 to
extend the contract to March 14, 2025; and

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.

3. Scope of Work. The Scope of Work is unchanged.

4. Compensation. The Compensation for this Agreement is increased by $9,857.71 for a new
not to exceed amount of $65,115.04. This increase is needed to cover cost overages incurred
due to unexpected site conditions and the project schedule's extension.

5. Insurance Certificate. Current certificate will expire on November 11, 2025. 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, watrants compliance with this section.

05/10/2023

Docusign Envelope ID: 774912C2-8C33-4BA6-B77A-E05D4E27AE72

10.

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 Istael, 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

() 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

Docusign Envelope ID: 774912C2-8C33-4BA6-B77A-E05D4E27AE72

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

‘'T.Y. Lin International, Inc.
a California Corporation

DocuSigned by:

James Barr

1/6/2025

By: _James Barr

Its: Contract Manager

05/10/2023

Docusign Envelope ID: 774912C2-8C33-4BA6-B77A-E05D4E27AE72
WF
TL
an

October 1, 2024

Ms. Kelly Hargadin, M.S.,, CFM
Engineering Project Manager
City of Glendale

5970 W. Brown St, Ste. #200
Glendale, AZ 85301

Subject: Addendum 1 for 59% Avenue/Evergreen Road HAWK Crossing
City of Glendale Project Number 222335

Dear Kelly:

TY Lin International (Consultant) is pleased to present this addendum proposal for additional services
incurred in producing the design and PS&E package for the 59 Avenue and Evergreen Road HAWK
crossing.

Tasks
Task 1 - Additional Potholing Services

Potholing costs for the project came in higher than originally budgeted. The reason for the overage was
due to 3 factors. The extremely hard soil encountered slowed our potholing subconsultant’s (T2 Utility
Engineers) production and as a result, their vacuum excavation crew had to work a second day to
complete the work. Secondly, the permitting fees were greater than estimated. This was due to an un-
anticipated charge by the City for Lane Closure Fees. The third factor was that the traffic control
amounted to more than the originally provided estimate due the unanticipated requirement from the
City of Glendale requiring a flagman to be on site for pedestrian traffic both days that we were on site.

Task 2 - Additional Coordination for HAWK Signal Design and Plans

Consultant has expended additional effort over the course of the project’s design due to the extension of
the project schedule, the changing of City staff and direction over the lifetime of the project and additional
requirements for the customization of some of the signal elements to mitigate potential utility conflicts.
This additional effort has consisted of general coordination activities with City and utility staff, resolution
of additional design and plan comments and additional project site meetings.

The total professional fee for this addendum being requested for the completion of these tasks is
$9,857.71. A breakdown of the fee is provided on Exhibit A as part of this proposal.

Should you have any questions and/or require additional information, please contact me.

Sincerely,

Ae

James Barr, P.E.
Contract Manager

Addendum 1 - HAWK Signal Crossing at 59% Ave/Evergreen Road
October 1, 2024 Page 1

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