Extracted text (via pymupdf)
5991 characters
1 05/10/2023 C22-095-1 AMENDMENT NO. 1 Arrowhead Hospital (COG-50) and Sierra Verde Park (COG-51) Wells (COG Project #212228, Contract No. C22-0595) This Amendment No. 001 (“Amendment”) to the Professional Services Agreement (“Agreement”) is made this ______ day of ________, 2023, (“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”) and Hazen and Sawyer, P.C., a New York Professional Corporation, authorized to do business in Arizona (“Contractor”). RECITALS A. City and Hazen and Sawyer, P.C. (“Contractor”) previously entered into Professional Services Agreement, Contract No. C22-0595, dated June 14, 2022 (“Agreement”); and B. The initial services provided by the consultant was providing program management services for the development of a phased groundwater well program, in conjunction with the Integrated Water Master Plan (IWMP) recommendations, which lead to the first well program project, which the Contractor provided engineering services for the design, drilling, testing, and construction for two new replacement wells in Zone 3, by 2025. C. Water sampling, which followed well drilling, determined that the nitrate levels are or will exceed Maximum Contaminant Level (MCL) at all area wells. It was determined that nitrate treatment will be required. Expanding the scope of work under the original agreement will allow the improvements to be design for reducing the potable water nitrate levels. D. The use of the term" Contractor" under this Amendment No. 1 is used interchangeably with the term " Consultant" defined under the Agreement and used throughout the attached Exhibits. E. 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 a two-year period from June 14, 2024 through June 13, 2026, unless otherwise terminated or canceled as provided by the Agreement. All other provisions of the Agreement except as set forth in this Amendment shall remain in their entirety. 3. Scope of Work. This project will provide professional engineering services to complete the design and permitting of the select improvement as describede in Exhibit B. 2 05/10/2023 4. Compensation. Including allowances, Design Contract C22-0595 (Arrowhead Hospital (COG-50) and Sierra Verde Park (COG-51) Wells) resulted in a previous compensation of $1,888,433. Including allowances, Amendment 1 (design and construction of nitrate treatment) at potable water wells COG50 and COG51 compensation will result in an additional increase in compensation of $979,031 and as shown in the attached Exhibit D (for a total compensation including allowances of $2,867,464.00 5. Insurance Certificate. Current certificate will expire on March 29, 2024 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. 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 (c) 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. 9. 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. 10. 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.] 3 05/10/2023 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 Hazen and Sawyer, P.C. a New York Professional Corporation By: Its: Authorized Agent Curtis D. Courter / Associate Vice President FEE SUMMARY GENERAL PROGRAM MANAGEMENT SERVICES $139,885 CONSTRUCTION PHASE $176,267 COG51 NITRATE TREATMENT DESIGN $499,760 DIRECT EXPENSES $12,550 ALLOWANCES $150,569 TOTAL AMENDMENT ONE $979,031