Viasun contract Amendment 1

City of Glendale — Regular Meeting (2023-03-14)

View PDF Item 5 Meeting page

Extracted text (via pymupdf) 4447 characters
4/29/2021 
 
 
 
 
 
 
 
 
 
  C21-0790-2 
AMENDMENT NO. 1 
PAVEMENT MANAGEMENT PROGRAM  - TYPE 3 SLURRY  
(Linking Agreement to Pinal County JOC Contract No. 175623, Contract No. C21-0790) 
 
This Amendment No. 1 (“Amendment”) to the Linking Agreement for Viasun Corporation 
(“Agreement”) is made this ______ day of ________, 2023, (“Effective Date”), by and 
between the City of Glendale, an Arizona municipal corporation (“City”) and Viasun 
Corporation, Arizona Corporation authorized to do business in Arizona (“Contractor”). 
 
RECITALS 
 
A. 
City and Viasun Corporation (“Contractor”) previously entered into Linking 
Agreement, Contract No. C21-0790, dated August 24, 2021 (“Agreement”); and 
 
B. 
The original Pinal County Contract, Contract No. 175623 had an initial term 
beginning June 27, 2018 through June 26, 2022, with the option to extend an 
additional one (1) year in one-year increments to June 26, 2023. Pinal excerised the 
one year extension; and 
 
C. 
City and Contractor previously entered in to Contract Extension No. 1 on June 20, 
2022 extending the term of the agreement through June 26, 2023; and 
 
D. 
City is increasing the compensation to be paid under this agreement by an additional 
$3,000,000; and 
 
E. 
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 June 26, 2023. 
 
3. 
Scope of Work. The scope of work under this contract remains unchanged.  
 
4.  
Compensation. The total compensation of this contract will increase by $3,000,000 
resulting in a revised total compensation amount of $8,000,000 dollars for the entier 
term of the contract. The increase in compensation is a result of the types of work to 
be completed as a part of the Pavement Management Program.

4/29/2021 
5. 
Insurance Certificate.  Current certificate will expire on January 1, 2024 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                 
 
 
 
Viasun Corporation 
 
an Arizona Corporation  
 
 
 
 
 
 
By: 
Zach Figueroa 
Its: 
Vice President