Amendment No.1 to contract with Gavan & Barker, Inc.

City of Glendale — Regular Meeting (2024-09-24)

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05/10/2023 
 
 
 
 
 
 
 
 
 
  C22-1224-2 
AMENDMENT NO. 1 
Glenn Drive Storm Drain Study  
(Project 192014, Contract No. C22-1224) 
 
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 Gavan & Barker, Inc., an Arizona corporation, 
authorized to do business in Arizona (“Contractor”). 
 
RECITALS 
 
A. 
City and Gavan & Barker, Inc. (“Contractor”) previously entered into Professional Services 
Agreement, Contract No. C22-1224, dated November 22, 2022 (“Agreement”); and 
 
B. 
City and Contractor previously entered into Contract Extension No. 1 on Septemeber 25, 
2023 to extend the contract to November 21, 2024. 
 
C. 
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 unchanged and shall expire on November 21, 2024. 
 
3. 
Scope of Work. Pothole all facilities determined by the designer to be in potential conflict 
with the project design. 
 
4.  
Compensation. The compensation for this agreement will increase by $34,612 for a new not 
to exceed amount of $185,068. 
 
5. 
Insurance Certificate.  Current certificate will expire on September 1, 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.

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05/10/2023 
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.]