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4/29/2021
C19-0443-3
AMENDMENT NO. 1
Parks Pond Maintenance Services
(Clearwater Engineering, Contract No. C19-0443
This Amendment No. 1 (“Amendment”) to the Parks Pond Maintenance Services
(“Agreement”) is made this ______ day of ________, 2021, (“Effective Date”), by and
between the City of Glendale, an Arizona municipal corporation (“City”) and Clearwater
Engineering, an Arizona corporation authorized to do business in Arizona (“Contractor”).
RECITALS
A.
City and Clearwater Engineering (“Contractor”) previously entered into a
Professional Services Agreement, Contract No. C19-0443 dated May 17, 2019
(“Agreement”); and
B.
The initial term of this Agreement is from the effective date for a one-year period
from May 17, 2019 to May 16, 2020, with the option to renew annually for (2)
additional one-year terms; and
C.
The City and the Contractor entered into Contract Extension No. 1 (C19-0443-1)
renewing the Agreement for an additional (1) one-year term from May 17, 2020 to
May 16, 2021; and
D.
The City and the Contractor entered into Contract Extension No. 2 (C19-0443-2)
renewing the Agreement for a second (1) one-year term from May 17, 2021 to May
16, 2022; and
E.
The City is expanding the scope of services and increasing the amount of
compensation to be paid under this Agreement by $85,612.76; 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 extended for an additional 6-month period
and shall expire on November 16, 2022.
3.
Scope of Work. The scope of work is expanded to include additional work as
outlined below:
4/29/2021
Project:
Canal Pump Station Rebuild of #1 and #3 Irrigation Pumps at Grand Canal
Linear Park
4.
Compensation. The total compensation for this Agreement for the expanded scope
of work and the extended term is increased by $85,612.76 for a new total not to
exceed $130,612.76 for the entire term of the agreement (initial term plus any
renewals).
5.
Insurance Certificate. Current certificate will expire on 12/8/2022 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.
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.
9.
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.]
4/29/2021
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
Clearwater Engineering,
an Arizona corporation
By:
Wayne Bell
Its:
Chief Engineer