AMENDMENT NO. 1

AMENDMENT NO. 1
HIGH PERFORMANCE COLD PATCH MATERIALS
(City of Glendale Solicitation No. 19-08, Contract No. C19-0169)

This Amendment No. 1 (“Amendment”) to the High Performance Cold Patch Materials
(“Agreement”) is made this day of __ _» 2022, (“Effective Date”), by and
between the City of Glendale, an Arizona municipal corporation (“City”) and Crafco, Inc.,
an Arizona corporation, authorized to do business in Arizona (“Contractor”).

A.

RECITALS

City and Crafco, Inc. (“Contractor”) previously entered into an Agreement for High
Performance Cold Patch Matcrials, Contract No. C19-0169, dated February 28, 2019
(“Agreement”); and

The Agteement had an initial one-year term beginning February 28, 2019 through
February 27, 2020 and provided the option to extend for an additional four (4) years

renewable on an annual basis; and

City and Contractor previously entered into Contract Extension No. 1, extending the
term of the Agreement from February 26, 2020 through February 25, 2021; and

City and Contractor previously entered into Contract Extension No. 2, extending the
term of the Agreement from February 26, 2021 through February 25, 2022; and

City and Contractor pteviously entered into Contract Extension No. 3, extending the
term of the Agreement from February 26, 2020 through February 25, 2023; and

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.

i)

Recitals. The recitals set forth above are not merely recitals, but form an integral
part of this Amendment.

Term. The term of the Agreement is unchanged.
Scope of Work. The Scope of Work is unchanged.
Compensation. The Compensation is increased by an additional $70,000 btinging

the total amount to $370,000, The increase is due to a high demand for pothole
patch materials as a result of roadway annexations as per Exhibit A.

4/29/2021

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6.

9.

Insurance Certificate, Certificate expired on April 30, 2023 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, warrants
compliance with this section.

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.RS § 35-393.

Attestation of PCI Compliance. When applicable, the Contractor will provide the
City annually with a Payment Card Industry Data Security Standard (PCI Ds)
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

ATTEST:

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Cratco Ine.
An Arizona corporation

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bi ax bo

By: “t Thomas ‘Kelly
Tts: ‘Vice President

4/29/2021

EXHIBIT A

From: Reyes, Julian
To: Garcia, Eimer
Subject: FW: Crafco Inc, Contract Amendment
Date: Monday, August 29, 2022 11:27:56 AM
Attachments: image002.png

image003.in0

Good morning Elmer, | have received approval from Javier to proceed with the a nt request
to increase the Crafco Inc. contract #319001369 amount fr ; Please

let me know what | need to de to make this happen. Thank you Elmer. —Julian

From: Gurrola, Javier <JGurrola@GLENDALEAZ.COM>

Sent: Monday, August 29, 2022 10:31 AM

To: Reyes, Julian <JReyes@GLENDALEAZ.com>; Morales, Max <MMorales@GLENDALEAZ.COM>
Subject: RE: Crafco Inc. Contract Amendment

This seems to be the way things are headed.. you have my okay to proceed.

From: Reyes, Julian <JRevyes@GLENDALEAZ.com>
Sent: Monday, August 29, 2022 9:52 AM
To: Morales, Max <MMorales@GLENDALEAZ.COM>; Gurrola, Javier <JGurrola@GLENDALEAZ.COM>

Subject: Crafco Inc. Contract Amendment

Good morning, with your approval i intend to request an amendment to Contract #319001369, High
Performance Cold Patch Materials with Crafco Inc to increase the contract amount by an additional
$70,000 bringing the total contract amount to $370,000 to carry us through the end of the contract
set to expire 2/27/2024. The funds for this increase are currently budgeted so no funds transfers will
be needed. The high demand for pothole patch material, a price increase, and roadway annexations
have contributed to the need for the increase. Upon your approval | will begin the amendment
process with Eimer Garcia. Please let me know if you have any questions. -Julian