Amendment

City of Glendale — Regular Meeting (2022-05-10)

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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