Amendment

CC22-0171-3

AMENDMENT NO. ONE
JOB ORDER CONTRACTING SERVICES FOR GENERAL CITYWIDE
CONSTRUCTION
(CITY OF EL MIRAGE Contract PW19-JOC03, Contract No. C22-0171)

This Amendment No. 1 (“Amendment”) to the Job Order Contracting Services for General
Citywide Construction (“Agreement”) is made this day of , 2023,
(“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation
(“City”) and BWC Enterprises, Inc., dba Woodruff Construction, an Arizona Corporation
authorized to do business in Arizona (“Contractor”).

RECITALS

A. City and BWC Entersprises, Inc. dba Woodruff Construction (“Contractor”)
previously entered into a Linking Agreement, Contract No. C22-0171, dated
Februaty 8, 2022 (“Agreement”); and

B. The original City of El Mirage Contract, Contract No. PW19-JOCO03 under the
S.A.V.E Cooperative Purchasing 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

G. The City and the Contractor entered into Contract Extension No. 1 (C22-0171-1)
extending the term of the agreement through January 31, 2023; and

D. The City and the Contractor entered into Contract Extension No. 2 (C22-0171-2)
extending the term of the agreement through January 31, 2024; and

E. The City is increasing the total compensation by an additional $2,500,000; 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 expired on January 31,
2024, with an option to extended for an additional one-year period.

3. Scope of Work. The Scope of Work is unchanged.

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Compensation. The total compensation for this contract will increase by
$2,500,000, resulting in a revised total compensation amount of $5,000,000 for the
entite term of the contract (initial plus any extensions.)

Insurance Certificate. Current certificate will expire on June 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.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 K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

BWC Entersprises Inc. dba Woodruff
Construction
an Atizona Corporation

Bice, twee —

By: _Wade Woodruff

it Vice President

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