Amendment No. 1 to agreement with Geologic Associates, Inc.

City of Glendale — Regular Meeting (2024-03-26)

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C23-0437-1
AMENDMENT NO. 1

Arrowhead Ranch Recharge Facility (ARRF)
Hydrologic Study & Underground Storage Facility & Permit Renewal
(COG Project #212262.1, Contract No. C23-0437)

This Amendment No. 1 (“Amendment”) to the Professional Services Agreement (“Agreement”) is
made this day of , 2024, (“Effective Date”), by and between the City of Glendale,
an Arizona municipal corporation (“City”) and Clear Creek Associates, LLC, an Arizona limited
liablity companty, a subsidiary of GeoLogic Associates, Inc., a California corporation, authorized to
do business in Arizona (“Contractor”).

RECITALS

A. City and Clear Creek Associates, LLC (“Contractor”) previously entered into a Professional
Services Agreement, Contract No. C23-0437, dated April 25, 2023 (“Agreement”); and

B. Clear Creek Associates, LLC assisted the City with preparation of the USF Permit renewal
application and supporting materials for sumittal to ADWR.

G. Clear Creek Associates, LLC prepared their Hydraulic Study to support the permit renewal

application.

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 ate not merely recitals, but form an integral part of this
Amendment.

2. Term. The term of the Agreement is unchanged and shall expire on April 24, 2025.
3. Scope of Work. Clear Creek Associates, LLC will respond to ADWR's Incomplete and
Incorrect Determination Letter, dated January 09, 2024. This expands Task 7 of the original

contract.

4. Compensation. Including allowances, Contract C23-0437 (Arrowhead Ranch Recharge
Facility (ARRF)) resulted in a previous compensation of $67,500. Including allowances,

05/10/2023

10.

Amendment 1 (addressing DRWR comments) will result in an additional compensation of
$5,208 as shown in attached email for a total compensation of $72,708

Insurance Certificate. Current certificate will expire on December 31, 2024, and a new
certificate applying to the extended term must be provided prior to this date to Materials
Management and the Contract Administrator.

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.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 ate 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.

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 setvices produced by the forced labor of ethnic Uyghuts in the People’s
Republic of China; and

(9) 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

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

Clear Creek Associates, LLC
an Arizona limited liability company

By: _Géno Mammini

Its: Principal

05/10/2023