Amendment

C23-0380-2

AMENDMENT NO. 1
Landscape Consttuction for Parks and Recreation Facilities
(S.A.V.E. Linking Agreement, Contract No. C23-0380)

This Amendment No. 1 (“Amendment”) to the Landscaping Constuction for Parks and Recreation
Facilities Linking Agreement (“Agreement”) is made this day of , 20 >
(“Effective Date”), by and between the City of Glendale, an Arizona municipal corporation (“City”)
and Valley Rain Construction Corporation, an Arizona corporation, authorized to do business in
Arizona (“Contractor”).

RECITALS

A. City and Valley Rain Construction Corporation (“Contractor”) previously enteted into a
linking agreement for Landscape Construction for Parks and Recreation Facilities, Contract
No. C23-0380, dated Apsil 11, 2023 (“Agreement”); and

B. The Agreement included an initial period from the effective date of April 11, 2023, until March
31, 2024; and

Cc, City and Contractor entered into Contract Extension No. 1 (C23-0380-1) extending the term
of the Agreement from April 1, 2024 through December 31, 2024; and

D. City and Contractor wish to modify and amend the Agreement subject to and strictly in
accotdance 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 ate not merely recitals, but form an integral part of this
Amendment.

2. Term. ‘The term of the Agreement is unchanged and shall expire on December 31, 2024.

3. Scope of Wotk. The scope of work is hereby amended to include landscape construction

services for Sierra Verde Park.

4. Compensation. The total compensation for the additional scope of work shall increase the
contracted amount by $850,000, with a new not exceed amount of $3,738,421.

5. Insurance Certificate. Current certificate will expire on October 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-disctimination. Contractor must not disctiminate against any employee or applicant
for employment on the basis of race, color, religion, sex, national origin, age, marital status,

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sexual otientation, gender identity ot expression, genetic characteristics, familial status, U.S.
military veteran status or any disability. Contractor will requite any Sub-contractor to be bound
to the same requirements as stated within this section. Contractor, and on behalf of any
subconttactots, wattants 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 ate not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods ot services from Istael, as that tetm is defined
in A.R.S § 35-393.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not
cuttently, 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 ptoduced by the forced labor of ethnic Uyghuts in the People’s
Republic of China; and

(©) any contractors, subcontractors of suppliers that use the forced labor ot any goods or
setvices 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 Standatd (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.

Ratification of Agreement. City and Contractor heteby agree that except as expressly
ptovided 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 K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Valley Rain Construction Corporation,
an Arizona corporation

By: Cathy Dalzell —s
Its: President

05/10/2023