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