Amendment to Linking Agreement

4/29/2021 
 
 
 
 
 
 
 
 
 
  C20-0670-1 
AMENDMENT NO. ONE 
LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND 
FCI CONSTRUCTORS, INC.   
(Job Order Contracting Services for General Citywide Construction, Contract No. C20-
0670) 
 
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 FCI Constructors, Inc., a  
Colorado Corporation authorized to do business in Arizona (“Contractor”). 
 
RECITALS 
 
A. 
City and FCI Constructors, Inc. (“Contractor”) previously entered into a Linking 
Agreement, Contract No. C20-0670, dated August 11, 2020 (“Agreement”); and 
 
B. 
The City's Agreement linked to the City of El Mirage Contract, Contract No. PW19-
JOC03 for General Citywide Construction. The Agreement had an initial term 
beginning March 5, 2019 through March 4, 2022, with an option to extend an 
additional two (2) years allowing the contract to be extended through March 4, 2024; 
and  
 
C. 
The City is increasing the total compensation by an additional $6,000,000, and; 
 
D. 
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 extended for a one-year period from March 4, 
2022 through March 4, 2023, with an option to extend for one additional one-year 
period. 
 
3. 
Scope of Work. The Scope of Work is unchanged. 
 
4.  
Compensation. Section 3B of the Agreement is hereby modified and amended as 
follows: The total purchase price for the supplies and/or services purchased under 
this Agreement is increased by $6,000,000, to a revised not to exceed amount of 
$9,000,000 for the entire term of the contract (initial term plus any renewals).

4/29/2021 
5. 
Insurance Certificate.  Current certificate will expire on October 1, 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                 
 
 
 
FCI Constructors, Inc., 
 
an Colorado Corporation 
 
 
 
 
 
 
By: 
Jeff Eades 
Its: 
Vice President