Amendment

4/29/2021 
 
 
 
 
 
 
 
 
 
  C20-0369-1 
AMENDMENT NO. ONE 
LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND 
FELIX CONSTRUCTION COMPANY 
(Water & Wastewater Treatment & Remote Facility Projects, Contract No. C20-0369) 
 
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 Arizona municipal corporation (“City”) and Felix Construction Company an 
Arizona corporation (“Contractor”). 
 
RECITALS 
 
A. 
City and Felix Construction Company (“Contractor”) previously entered into a 
Linking Agreement, Contract No. C20-0369, dated May 7, 2020 (“Agreement”); and 
 
B. 
The City's Agreement linked to City of Peoria Job Order Contract ACON20811A 
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; 
 
C. 
The City and the Contractor entered into Contract Extension No. 1 (C20-0369-1) 
extending the term of the agreement through May 31, 2021, and; 
 
D. 
The City and the Contractor entered into Contract Extension No. 2 (C20-0369-2) 
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; 
 
F. 
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 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. Contractor agrees to comply with 
all the terms, conditions of the Linking Agreement. Such terms, conditions and

4/29/2021 
specifications are specifically incorporated into and are an enforceable part of this 
Agreement. 
 
4.  
Compensation. Total compensation for the supplies and/or services purchased 
under this Agreeement is increased by $4,000,000 to a total not to exceed amount of 
$10,000,000 for the entire 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. 
 
5. 
Insurance Certificate.  Current certificate will expire on 10-01-2022 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. 
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. 
 
9. 
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 K. Bower, City Clerk                 (SEAL) 
 
 
APPROVED AS TO FORM: 
 
 
____________________________________ 
Michael D. Bailey, City Attorney                 
 
 
 
Felix Construction Company 
 
an Arizona corporation 
 
 
 
 
 
 
By: 
David Gianetto 
Its: 
Principal