Amendment

C20-0366-1

AMENDMENT NO, ONE
LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND
J.R. FILANC CONSTRUCTION COMPANY, INC.
(Water & Wastewater Treatment & Remote Facility Projects, Contract No. C20-0366)

This Amendment No. One (“Amendment”) to the Linking Agreement (“Agreement”) is
made this day of , 2022, (“Effective Date”), by and between the City of

Glendale, an Asizona municipal corporation (“City”) and J.R. Filanc Construction Company,
Inc. an Arizona corporation (“Contractor”).

RECITALS

A. City and J.R. Filanc Construction Company, Inc. (“Contractor”) previously entered
into a Linking Agreement, Contract No. C20-0366, dated May 7, 2020

(“Agreement”); and

B, The City's Agreement linked to City of Peoria Job Order Contract ACON20218 for
Water & Wastewater Treatment & Remote Facility Projects. The Contract had an
initial term beginning May 7, 2020 through May 31, 2020, with the option for the
City to renew for four (4) additional one-year periods allowing the contract to be
extended through May 31, 2024, and;

Cc. The City and the Contractor entered into Contract Extension No. 1 (C20-0366-1)
extending the term of the agreement through May 31, 2021, and;

D. The City and the Contractor entered into Contract Extension No. 2 (C20-0366-2)
extending the term of the agreement through May 31, 2022, and;

E. The City is increasing the total compensation by an additional $4,000,000, and;

EF. City and Conttactor 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 agtee as follows:

1. Recitals. The recitals set forth above are not metely recitals, but form an integral
patt of this Amendment.
2. Term. The term of the Agreement is unchanged and shall expite on May 31, 2022,

with an option to extend up to two (2) additional one year periods.

3, Scope of Work. The scope of work is unchanged. Conttactor agrees to comply with
all the terms, conditions of the Linking Agreement. Such terms, conditions and

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specifications ate specifically incorporated into and are an enforceable part of this
Agteement.

Compensation. Total compensation for the supplies and/ot setvices purchased
under this Agreeement is increased by $4,000,000 to a total not to exceed amount of
$10,000,000 for the entite term of the Agreement (intial term plus any renewals). No
one project/job order under this agreement shall exceed $3,000,000, per the terms of
the initial Agreement.

Insurance Certificate. Current certificate will expite on 10-01-2022 and a new
cettificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administrator.

Non-discrimination, Contractor must not disctiminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, matital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability.
Contractor will requite 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 are
applicable, the patties 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 setvices
from Israel, as that term is defined in A.R.S § 35-393.

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.|

4/29/2021

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie IX. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

J.R. Filane Construction Company, Inc.
an Arizona corporation

Swab

i
By: _David Kiess V

Its: Vice President

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