Amendment

City of Glendale — Regular Meeting (2023-09-26)

View PDF Item 13 Meeting page

Extracted text (via pymupdf) 4954 characters
1 
05/10/2023 
 
 
 
 
 
 
 
 
 
  C20-0293-3 
AMENDMENT NO. One (1) 
Landfill Gas, Groundwater and Stormwater Systems Installation Maintenance, Parts and Service  
(Rummel Construction, Inc., Contract No. C20-0293) 
 
This Amendment No. One (1) (“Amendment”) to the Landfill Gas, Groundwater and Stormwater 
Systems Installation Maintenance, Parts and Services (“Agreement”) is made this ______ day of 
________, 2023, (“Effective Date”), by and between the City of Glendale, an Arizona municipal 
corporation (“City”) and Rummel Construction, Inc., an Arizona corporation, authorized to do 
business in Arizona (“Contractor”). 
 
RECITALS 
 
A. 
City and Rummel Construction, Inc. (“Contractor”) entered into Landfill Gas, Groundwater 
and Stormwater Systems Installation Maintenance, Parts and Services, Contract No. C20-0293, 
dated March 24, 2020 (“Agreement”); and 
 
B. 
City and Contractor entered into Contract Extension No. 1, extending the term of the 
Agreement from March 24, 2021, through March 23, 2022; and 
 
C. 
City and Contractor entered into Contract Extension No. 2, extending the term of the 
Agreement from March 24, 2022, through March 23, 2023; and 
 
D. 
City and Contractor entered into Contract Extension No. 3, extending the term of the 
Agreement from March 24, 2023, through March 23, 2024; 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. 
 
3. 
Scope of Work. The Scope of Work has been expanded to include additional tasks necessary 
to complete ongoing projects and to add new projects to address unforseen stormwater and landfill 
gas management needs. These projects include, but are not limited to: 
 
Horizontal gas collectors in lift one, header extension and sump installations in the North Cell 
and various sump pump rehabs and repairs, gas well installs, repairs, lateral extensions and 
well rehabs, storm water channel modifications, culvert construction projects and a center 
down drain project for the South Cell.

2 
05/10/2023 
4.  
Compensation. Compensation is increased by $2,000,000 to provide funds to complete the 
projects identified in the amended Scope of Work. The new not-to-exceed amount of 
Compensation available under this Agreement is $5,500,000. 
 
5. 
Insurance Certificate.  Current certificate will expire on April 12, 2024. 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. 
 
[Signatures on the following page.]