04 22 25 DS - First Amendment to Agreement - Haydon Companies

City of Tolleson — City Council (2025-04-22)

Extracted text (via pymupdf) 3837 characters

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AMENDMENT NO. 1 TO
AGREEMENT FOR DESIGN-BUILD SERVICES
This Amendment No. 1 to Design-Build Contract (the “Amendment”) between City of
Tolleson, an Arizona municipal corporation (“CITY”) and Haydon Companies, LLC, an Arizona
limited liability company (the “Design-Builder”) is hereby entered into and shall be effective on
the last signature date set forth below.
Note: Amendment changes are noted with additions in bold font and deletions in strikeout font.
RECITALS
A.
The City entered into a Design-Build Agreement dated July 22, 2024 with Design-
Builder (“Agreement”).
B.
Pursuant to the Agreement, the purpose of this Amendment is to establish a scope
of work and fee schedule for the design phases, which are renamed herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Design-Builder hereby agree as follows:
1.
The parties agree to amend Section 1.2.2 of the Contract, as follows:
1.2.2.
Pre-Construction Phase. The Pre-Construction Phase includes both the
Pre-Design Phase and the Design Phase. During the Pre-Design Phase, the
Design-Builder shall provide a 15% Cost Model and Design (CMD) as
provided in Exhibit B.1. Once the 15% CMD is complete, the Parties may
proceed to the Design Phase, which shall consist of: (i) 30% Schematic
Design (SD); (ii) 60% Design Development (DD); (iii) 95%-100% 60%,
90% and 100% design and budget for the pedestrian bridge,
Construction Documents and (iv) Final Plans (CD), unless otherwise
agreed to by the Parties. Design-Builder shall be compensated on a lump
sum basis for each Design Phase. The Design-Builder shall not commence
the next sequential design interval without first establishing a scope of
work and fee schedule with the CITY.
The CITY is under no obligation, legally or otherwise, to utilize the
services of the Design-Builder following the conclusion of each design
interval. The CITY does not guarantee any maximum or minimum
services to be purchased.
2.
The parties agree to the amendments to Exhibit B as set forth in the attachments
included herewith and incorporated herein by this reference.

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3.
In all other respects, the Agreement is affirmed and ratified and, except as expressly
modified herein, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first above
written.
CITY OF TOLLESON, ARIZONA
a municipal corporation

By:

Its:

ATTEST:
______________________________
Crystal Zamora, City Clerk

APPROVED AS TO FORM:
_______________________________
Justin Pierce, City Attorney
HAYDON COMPANIES, LLC.,
an Arizona limited liability company

By: _________________________________
Its: _________________________________

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EXHIBIT B
PRE-CONSTRUCTION PHASE SERVICES
Exhibit B.1 – 15% Cost Model and Design Scope of Services and Fee Proposal
Exhibit B.2 – 60%, 90% and 100% design and budget for the pedestrian bridge

Exhibit B.2 – 30% Schematic Design Scope of Services and Fee Proposal
Exhibit B.3 – 60% Design Development Scope of Services and Fee Proposal
Exhibit B.4 – 95% - 100% Construction and Final Documents Scope of Services and Fee
Proposal

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EXHIBIT B.2
60%, 90% and 100% design and budget for the pedestrian bridge

The CITY agrees to compensate Design-Builder $713,561 for 60%, 90% and 100% design
and budget for the pedestrian bridge.