Addendum with URW, LLC

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ADDENDUM NO. 1
fughrof-Way Landscape Restoration
(RFP 25-47, Contract No. C 
)
This Addendum No. 1 ('Addendum') to the fughrof-Way Landscape Restoration (Agreement") is executed
this 
day of 
,20 
, ("Effective Date'), by and between the City of Glendale, an Arizooa
municipal corporation ("City') and URW LLC, an Arizona Limrted Liability Company, authorized to do
business in Arizona ("Contractor"), collectively ("Parties')'
The Parties agree that the following federal laws and regulations apply to the above-referenced Agreement and
agree it be bound by these same terms and conditions:
FEDERAL I-AWS AND REGUI-ATIONS
Applicability of Unifotm Administrative Requirements. The parties will comply wrth all
administrative requirements, cost principles, and audit requirements as provided in 2 C.F.R. Part 200 rn
compliance with the Froal Guidance issued by U.S. Department of Housing and Urban Development
on Feb. 26,2015 (fJotice: SD-2015-01)'
Equal Oppottunity.
2.'1, The Contractor agrees to comply with Title \4 of the Civil Rights Act of 1964 (?.L. 88-352)
and the HUD regulations under 24 C.F.R. Part 1, which provides that no Person in the United
States will, on the grounds of race, color, or national origrn, be excluded from participation
in, be denied the benefits of, or be otherq/ise subiected to discrimination under any activity
teceiving Federal financial assistance by way of gtant, loan, or Agreement and will rmmediately
take any measures necessary to effectuate this Agreement. If arry real property or-structure
thereof is provided or improved with the ard of Federal financial assistance extended to the
Conlactor, this assurance will obligate the Contractor, or in the case of any transfer of such
propefty or structure is used for a pwpose of which the Federal financial assistance is extended
L. for a.rother purpose rnvolving the provision of similar services or benefits.
2.2 
The Contractor agrees to comply with Title VIII of the Civil fughts Act of 1968 (P'L. 90-284),
as amended by thi Fair Housing Amendments Act of 1988 (P.L. 100-430) and will administer
all activities relating to housing and community development in a mannet to affumatively
further fair housing within Constitutional limitations throughout the United States.
2.3 
The Contractor agrees to comply with Section 109 of the Housing and Community
Development Act of 1974 and 1977, as amended, and in conformance with all requirements
imposei pursuant to the regulations of the Department of HUD (24 C'F'R. Part 570.602)
issred prisu"nt to rhat Section; and in accordance with Equal Opportunity obligations of that
Section, no person in the Uruted States will, on the grounds of race, color, national ongrn, or
sex, be e"cluded from parucipation in, be derued the benefits of, be subiected to discrimination
under, any activtty funded in whole or in part with the Community Development funds.
Section 109 of the Act further provides that any prohibiuon against discriminauon on the
basis of age, under the Age Discrimination Act of 1915 (24 C.F.R. Part 146), or with respect
to an orherurise qualified handicapped person, as provided in Section 504 of the Rehabilitation
Act of 1.913 Q4 C.F.R. Part 8), will also apply to any activity funded in whole or in patt with
funds made available pursuant to the Act.
2.4 
The Contractor agrees to comply with Executive Order 1 1063 on equal opportunity m housing
and related faciliaes owned oioperated by the Federal Government or provided with Federal
firu;ncial assistance'
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2.5 
The Contractor agrees to comply with Executive Order 11246, as amended, requtrng
nondiscrimination and afFtmative action to ensure nondiscrimination in employment by
government contractors and subcontractors and under federally assisted construction
contractors.
2.6 
The Contractor agrees to comply with Section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701u), as amended, the HUD regulations issued pursuafi thercto (24
C.HR. Part 135) as follows:
^. 
The work to be performed under this Agreement is on a project assisted under a
actir,rty providing direct Federal financial assistance from the Department of Housing
and Urban Development and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u);
Section 3 requires that to the greatest extent feasible, opportunities for ttarning and
employment be given to lower income tesidents of the project arca and agreements
for work in connection wrth the project be awarded to business concerns that are
located in or owned in substantial part by persons residing in the area of the proiect.
b. 
The parties to this Agreement will comply wrth the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 C.F.R. Pat135, and all applicable rules and orders of
the Department issued there under prior to the execution of this Agreement. The
parties to this Agreement certify and agree that they are under no contractual or other
disabiJity that would prevent them from complying with these requirements.
c. 
The Contractor will send to each labor orgatization or representative or workers, with
which there is a collective bargaimng agreement or other agreement or understanding,
if any, a notice advertising the sard labor orgattzadon or workersr representative of
the commitments under this Section 3 clause and will post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
d. 
The Contractor will include this Section 3 clause to every subcontract for work in
connection with the proiect and will take appropriate action pursuant to the
subcontract upon a frnding that the subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The
contractor will not subcontract wrth any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations undet 24 C'F.R.
Part 135 and will not let any subcofltract unless the subcontractor has fust provided
it with a preliminary starement of ability to comply with the requirements of these
regulations.
e. 
Compliance with the provisions of Section 3, the regulations set forth rn 24 C.F.R.
Part 135, and all applicable rules and orders of the Department issued there under
prior to the execution of this Agreement, will be a condition of the Federal fna,ncial
assistance provided to the proiect.
Nondiscrimination in Fedetally Assisted Ptogtams of the Depattment of Housing and Utban
Development-Effectuation of Title vI of the civil Rights Act of 1964.
3.7 
The Contractor shall, as a recipient of HUD financial assistance, take reasonable steps to
provide meaningful access to Limrted English Proficiency 0,EP) persons. This requirement
ihall exteod to ih. Corrtractor's entire acuvity regardless of how much HUD assistance is
received.
3.2 
In order to determine what reasonable steps must be taken to provide mearungful access to
LEP persons, the Contractor should apply HUDb four-factor analysis:
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Identi$, the number or proportion of LEP persons eligible to be served or likely to
be encountered by the activity or Contractor.
: ."':.',:::Ti::T:lJx;:::::::,.**",,:::J,,*i:.i;;x",.
to people's lives.
d. 
Identify the resources available to the Con&actor and the costs associated with
providrng meaningful access to LEP persons,
3.3 
The Contractor must determine what language assistance measures ate suffrcient for the
acuvity funded with HUD funds. The Contractor shall have flexibility in addressing the needs
of the LEP persons served; however, tlus flexibrhty cannot be used to minimize the obligation
that the needs be addressed. The Contractor is not required to take measures that would be a
cost burden or cost prohibitive to the Contractor.
3.4 
Efforts to take reasonable steps to provide meaningful access to LEP persons must be
documented in the Contractor's records and be made available upon request.
4. 
Section 504. The Contractof agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 't973,which prohrbits discrimination against
the handicapped in any federally assisted Program.
5. 
Subconuacting. All work or services covered by this Agreement, which is subcontracted by the
Contractor willLe specified by written Agreement and subiect to all provisions of this Agreement. All
subcontracts must be approved by the City prior to execution'
6. 
Interest of Cetain Fedeml Officials. No member of or delegate to the Congress of the United
States shall be admined to any share or part of this Agreement or to any benefit to arise from the same'
7. 
Intetest of Membets, Officets, or Employees of the Conttactot, Membets of Ilcal Govetning
Body, ot Other Public Officials. No member, officet, or employee of the Contractor or its designees
or agents, no member of the governing body of the locaLity rn which the activity is situated, and no
othei public offrcial of such locality or localities who exercises any functions or resPonsibdiues wrth
..rp.., to the activity during his or her tenure or for one year thereafter, v"'ill have any interest, direct
o, irrdir..t, in any Agreement or subcontract, or the proceeds thereof, for work to be performed in
connection with the activity assisted under this Agreement'
g. 
Lobbying. Funds provided under this Agreement shall not be used for publicity or propaganda
p,r.por.r-d.rtgned to support or defeat legislauon proposed by federal, state, or local governments.
g. 
Hatch Act. The Contractor agrees to comply with all provisions of the Hatch Act and that no part
of the acuvity will involve political activities, nor u,ill personnel employed rn the administration of the
acuvity be engaged rn acuviues in contravention of Title Y Chapter 15, of the Umted States Code'
10. 
Labot Standatds Ptovisions.
10.1 The Contractor agrees to comply wrth the requfuemeflts of the Secretary of Labor in
accordance with ttre Davis-Bacon Act as amended, the provisions of Agreement lWork Houts
and Safety Standatds Act (40 U.S.C. 327 et seq.) and all other applicable federal, state and local
lr*. ".ri 
regulations pertalnmg to labor standards insofar as those acts aPPIy to the
perfo.ma.rcJof thts Agreement. The Contractor agrees to comply wrth the Copeland Anti-
Kick-BackAct (18 U.S.C. 874 et seq.) andits implementingregulations of the U. S. Department
of Labor at 29 a.F.R. Part 5. The Contractor shall maintarn documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall be made
available to the Grantee for review upon request'
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12.
10.2 The Contractor agrees that, except with respect to the rehabilitation or construction of
residential properfy containing less than eight (8) units, all contractors engaged under
Agreements in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the City pertarning to such Agreements and wrth the applicable
requirements of the regulations of the Department of Labor, under 29 C.F.R. Parts 1,3,5 and
7 governing the payment of wages and ration of apprentices and uainees to joruney workets;
provided that, if wage rates higher than those required under the regulations are imposed by
state or local laws nothing hereunder is intended to relieve the Contractor of its obligation, if
any, to require payment of the higher wage. The Contractor shall cause or require to be
inserted in full, in all such Agreements subject to such regulations, provisions meeting the
requirement of this paragraph.
Compliance with Envitonmental Requitements. The Contractor agrees to comply with any
conditions resulting from the City's compliance with the provisions of the National Environmental
Policy Act of 1969 and the other provisions of law specified ^t24 
CFP. $58.5 insofar as the provisions
of such Act apply to activities set forth in the Scope of Activrty.
Comptance with Flood Disaster Ptotection Act.
12.1 This Agreement is subject to the requirements of the Flood Disaster Ptotection Act of 1973
e.L. 93-234). No portion of the assistance provided under this Agreement is approved for
acquisition or construcrion purposes as defined under Section 3(a) of said Act, for use in any
area idenufied by the Secretary as having special fTood hazards, which is located in a
community not then in compliance with the requirements for participauon in the national
flood insurance program pursuant to Section 201(d) of sard Act; and the use of any assistance
provided under this Agreement for such acquisition ot construction in such identiFred areas
in communities then participanng in the National Flood Insurance Program will be subiect to
the mandatory pwchase of flood insurance requirements of Section 1'02(a) of said Act.
12.2 Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared, or
improved with assistance ptovided under this Agreement shall contain, if such land is located
tnin arcaidentified by the Secretary as having special flood hazards and in which the sale of
flood insurance has been made available under the National Flood Insutance Act of 1968, as
amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
assigns to obtain and marntain, during the ownership of such land, such flood insurance
reqrired with respect to financial assistance for acquisition or construction purposes under
S.iuo., 102(2) oi Flood Disaster Protection Act of 1973. Such provisions will be required
notwithstandrng the fact thatthe construction of such land is not itself funded with assistance
under this Agreement.
Compliance with Envitonmental Laws.
13.1 This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C.
1857 eiseq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251' et seq.; and
the regulations of the Environmental Protection Agency wrth respect thereto, at 40 C.F R. Part
15, as amended from time to time'
i,3.2 In compliance with sard regulations, the City will cause or require to be inserted in fiil in all
Agreernents and subcontracts with respect to any nonexempt transaction thereunder funded
with assista.rce provided under this Agreement, the followrng requirements:
^. 
A supulation by the Contractor and subcontractor(s) that any facility to be utilized in
the pirformance of any nonexempt Agreement or subcontract is not listed on the list
of Volating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 C.ER' 515.20'
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14.
b. 
Agreement by the Contractor and subconffactor(s) to comply with all the
requirements of Section 11,4 of the Clean Air Act, as amended (42 U.S.C. 1857c-8),
and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C.
1318) relating to inspection, monitoring, entry, reports, and information, as well as all
other requirements specified in said Section 714 aod Section 308, and all regulations
and guidelines issued thereunder.
c. 
A stipulauon that as a condition for the award of the Agreement, prompt notice will
be given of any notification received from the Director, Office of Federal Activities
EPA, indicat-ingthat a facfity utilized or to be uti'lized for the Agreement is under
consideration to be listed on the EPA list of Violat-ing Facilities.
d. 
Agreement by the Contractor that it wrll include or cause to be included the criteria
and requirements in paragraphs (a) through (d) of this section in every nonexempt
subcontract and requiring the Contractor to take such action as the Government may
direct as means of enforcing such provisions.
e. 
In no event will any amorult of the assistance ptovided under this Agreement be
utilized with respect to a facfity that has given rise to a conviction under Section
113(c)(1) of the Clean Ar Act or Section 309(c) of the Federal Water Pollution
Control Act.
13.3 The Resource Conservation and Recovery Act. Contractor will comply with the Resource
Conservation and Recovery Act ("RCRA"), including, but not limited to, 42 U.S'C. S 6962,
which requires preference be given in ptocwement Programs to the purchase of specific
products conraining recycled materials identified in guidelines developed by the
Environmental Protection Agency ("EPA,) (40 C.F.R. Parts 247 through 25a).
13.4 The Toxic Substances Conrol Act. The Contractor will comply with the Toxic Substances
Control Act ("TSC,{), 15 U.S'C. $2601 et seq.
i3.5 
The Federal Insecticide. Fungicide and Rodenticide Act. The Contractor will comply with the
Federal Insecticide, Fungicide and Rodenticide Act (fIFRA'), 7 U.S.C. $136 et seq.
13.6 Contractor will comply with all other applicable federal and state environmental laws and
regulations, includtng, but not Lmrted to, $6002 of the Solid W'aste Disposal Act, as amended
bylhe Resou.ce Conieruation and Recovery Act ("RCR ") (?ub L. 9+580, 42 U.S.C' 56962)'
Section 6962 rcq,ates that preference be given in procurement programs to the purchase of
specific producti containing recycled materials identified in guidelines developed by the
d.rvironm.ntal Protection Agency ('EPA') (40 C.F.R. Parts 241 through 254). Accordrngly,
state and local rnstituuons of higher education, hospitals, commercial organizations and
international organizations when operating domestically, and non-pro{rt otgaotzations that
receive duect Federal awards or other Federal funds will give prefetence in their procurement
programs funded wrth Federal funds to the purchase of recycled products pursuant to the
EPA guidelines'
Histotic Pteservation. Tl,ts Agreement is subject to the requirements of P.L.89-665, the
Archaeological and Historic Preservation Act of 1914 9.L.93-291), Executive Order 11593, and the
procedoreJprescribed by the Adrrsory Council on Historic Preservation in 36 C.F.R. Part 800' The
'City *,rr, take into account the effect of a project on any disrict, site, building, structure, or obiect
li.t.d i1 or found by the Secretary of the Interior, pursuant to 35 C.F.R .Part 800, to be eligrble for
inclusion in the National Regrster of Historic Places, maintained by the National Park Service of the
U. S. Department of the Interior, and must make evety effort to eliminate or minimize any adverse
effect on a historic property
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15.
16.
17.
20.
21.
18.
19.
Historic Batriers. This Agreement is subject to the requirements of the Architectural Barriers Act
of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other than a privately-owned
residential structure) designed, constructed, or altered with CDBG funds must comply wrth
requirements of the "American Standards Specifications for Making Buildrngs and Facilities Accessible
to, and Usable by, the Physically Handicapped."
Lead-Based Paint. This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4821 et seQ.), and Lead-Based Parnt Regulations (24 C.F.R. Part 35 arLd 24 C.F.R. 5570.608
andf or 92.335), and related amendments thereto. The use of lead-based parnt is prohibited whenever
federal funds are used directly or indirecdy for the construction, rehabfitation, or modernization of
residential structures. All federally assisted residential structures and related property constructed prior
to 1978 wll comply wrth existing and new Lead-Based Pa:ntHazard Reduction Requirements, effective
September 15,2000. As the Grantor, the City of Glendale shall be consulted regarding the
Conuactor/Grantee's compliance status.
Acquisition/Relocation. Ttls Agreement is subject to providing a certification that it will comply
witf, *re acquisition and relocation requirements of the Uniform Relocation Assistance and Real
Property Acqursition Policies Act of 1970, as amended, implementing regulations at 49 C'F.R. Patt 24,
1nd 24 t.p.R. prrt 511..14,which govern the acquisition of real property for the proiect and provision
of relocation assistance to persons displaced as a ditect result of acquisition, rehabilitation, or
demolition for the project.
Ptopety Disposition. Real or personal property purchased in whole or in part with CDBG funds
,t "li .roi b. diiposed through sale, use, or location without the written permission of the Ctty and/ ot
HUD as applicable. The proceeds from the disposition of real Property will be considered Program
Income and subject to 24 CFR $570'50a(c).
Debatment, Suspension, Ineligibitity and Voluntaty Exclusion'
19.1 In order to participate in this Agreement, the Cofltractor must cerufy that it and/or its
owners/officers have not been debarred, suspended, proposed for debarment, declared
rnefugible, or voluntarily excluded from covered transactions by a federal departrnent or agency.
1g.2 The Contractor, shall include without modification the Certihcation language, entided
"Certificarion Regardrng Debarment, Suspension, Ineligibiliry and Voluntary Exclusion -
Lower Tier Covered Transactions" with all subgrantees or other contractors; in all lower tier
covered transactions and in all solicitations for lower tier coveted transactions in accordance
with 45 C.F.R. part 76.
1g.3 If the Contractor is unable to comply with this requirement, an explanation shall be
rmmediately provrded to rhe City in accordance with paragraph 30 of this Agreement.
Federal Fite Ptevention and Conttol Act of 1992. The Fire Administration Authorization Act of
1,992 added a new Secrion 31 to the Federal Fire Prevention and Control Act of 1974. This Section
requires that approved smoke detectors be installed in all houses assisted under the CDBG Program'
To comply witih^this requirement and locally adopted codes Contractor shall install smoke detectors in
all sleeping areas and any hallway connecting these sleeping areas'
Build America, Buy Amedca (BABA). BABA requires all the iron and steel, manufactured products,
and construction materials used in the project to be produced rn the United States' If applicable, the
Contractor or contract represents a.rd -arr^rrts that; (a) they have reviewed and understand the BABA
(b) all of the iron and steel, manufactured products, and construction materials used in the project will
be and/or have been produced in the United States in a manner that complies with the BABA
requirements, unless a waiver of the requirements is approved, and (c) the Conractor or contractor
wilt pror.ide any fi,rther verified information, certihcation or assurance of compliance with this
p^r^gr ph, o, irrfor*^Uon necessafy to suPPoft a waiver of the BABA requirements, as may be
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requested. Notwithstandrng any other provision of this Agreement, any failure to comply with this
paragraph by the Contractor or contractor shall permit the City to recover any damages against the
Contractor or contractor for any loss, expense, or cost (including without limitation attorney's fees)
incurred resulting from any such failure.
IN WITNESS WIIEREOfl a duly authorized representative of each Party has executed thi.s Addendum as
of the Addendum Effective Date.
CITY OF GLENDALE, an Artzona
municipal corporation
Kevrn R. Phelps, City Manager
ATTEST:
Julie K. Bower, City Clerk 
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City AttorneY
URW LLC
at Arbona Limrted Liability Company
By'
Its:
President
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