Amendment No. 2 to agreement with McKinstry Essention LLC.

AMENDMENT NO. 2
CONSTRUCTION AGREEMENT WITH MCKINSTRY ESSENTION, LLC
(CITY OF GLENDALE, Contract No. C23-0999)

This Amendment No. 2 (“Amendment”) to the construction (“Agreement”) is made this day

of

, 2024, (“Effective Date”), by and between the City of Glendale, an Arizona municipal

corporation (“City”) and Mckinstry Essention, LLC, a Washington limited liability company,
authorized to do business in Arizona (“Contractor”).

a

RECITALS

City and Mckinstry Essention, LLC (“Contractor”) previously entered into construction,
Contract No, C23-0999, dated September 26, 2023 (‘Agreement”); and

On June 25, 2024, City and Contractor entered into Amendment 1 extending the term date
from September 26, 2024, through September 25, 2025, amended the scope of work to include
transition to sustainable operations and modified the compensation amount to $10,373,329.

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 hetein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree
as follows:

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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 amended to include the work and tasks described in
Exhibit A.

Compensation. The Compensation is increased by $1,000,000, resulting in a maximum
compensation amount available under this Agreement of $11,373,329. The additional
compensation is being provided so Contractor can perform additional work and tasks included
the amned Scope of Work contained in Exhibit A,

Insurance Certificate. Current certificate will expixe on January 31, 2025. 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

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9.

10.

to the same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warsants compliance with this section.

No Boycott of Istael. ‘fo 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 apree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in ARS § 35-393,

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 setvices 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,

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.]

05/10/2023

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie IX. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Mckinstry Essention, LLC
a Washington limited liability company

oe

By: _Bryan Hanson
Its: _ Regional Vice-President

05/10/2023