Amendment

City of Glendale — Regular Meeting (2023-08-22)

View PDF Item 15 Meeting page

Extracted text (via pymupdf) 5117 characters
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05/10/2023
  C20-0294 
AMENDMENT NO. One (1) 
ROW and Median Landscape Enhancement Project  
(Somerset Landscaping Maintenance Inc, Contract No. C20-0294) 
This Amendment No. One (1) (“Amendment”) to the ROW and Median Landscape Enhancement 
Project (“Agreement”) is made this ______ day of ________, 2023, (“Effective Date”), by and 
between the City of Glendale, an Arizona municipal corporation (“City”) and Somerset Landscape 
LLC, an Arizona corporation, authorized to do business in Arizona (“Contractor”). 
RECITALS 
A.
City and Somerset Landscape LLC. (“Contractor”) previously entered into an agreement, 
Contract No. C20-0294, dated 03/24/2020 (“Agreement”); and
B.
The Agreement had an initial one-year term beginning from March 24, 2020 through March 
23, 2021 and provided the option to extend for an additional four (4) years renewable on an 
annual basis; and
C.
City and Contractor previously entered into Contract Extension No. 1, extending the term of 
the Agreement from March 24, 2021 through March 23, 2022; and
D.
City and Contractor previously entered into Contract Extension No. 2, extending the term of 
the Agreement from March 24, 2022 through March 24, 2023; and
E.
City and Contractor previously entered into Contract Extension No. 3, extending the term of 
the Agreement from March 24, 2023 through March 24, 2024; 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 March 24, 2024.
3.
Scope of Work. Increased project needed for ongoing improvements over remaining contract
period to enhance the aesthetics, functionality, and sustainability of the City landscape. The
desired improvements include landscape rock refreshing, stump removals, irrigation
installation and upgrades, paver installations, and planting of trees and shrubs.

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05/10/2023
The projects that are expected include, but are not limited to: 
• 71st Ave from Bethany Home Road to Ocotillo Rd.
• 51st Ave from Cactus Road to Eugie Ave
• 67th Ave from Union Hills Dr. to Beardsley Rd (Loop 101)
These ongoing improvements will contribute to a visually appealing, sustainable, and resilient 
environment, enhancing the quality of life for residents and supporting the City's long-term 
goals.  
4.
Compensation. The Original amount of the agreement was $2,500,000. The contract usage
will cause the contract compensation to increase by $1,500,000, as reflected in making the
overall compensation for the contract $4,000,000.
5.
Insurance Certificate.  Current certificate will expire on 04/01/2024 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.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not
currently, and during the term of this Agreement, will not use:
(a)
the forced labor of ethnic Uyghurs in the People’s Republic of China;
(b)
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
(c)
any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China.
9.
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.
10.
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.

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05/10/2023
[Signatures on the following page.]