Contract No.32600134- KCR, Inc.pdf
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COOPERATIVE CONTRACT PURCHASE ADDENDUM (CCPA) BETWEEN THE CITY OF BUCKEYE AND KCR, INC. DBA PETRA CONTRACTING JOC MASTER SERVICES AGREEMENT - CONSTRUCTION SERVICES CONTRACT NO. 32600134 THIS COOPERATIVE CONTRACT PURCHASE ADDENDUM ( entered into as of ______________________, between the City of Buckeye, an Arizona municipal City , and KCR, Inc. dba Petra Contracting, an Arizona corporation, (the Contractor WHEREAS, after a competitive procurement process, which is documented in the Award attached hereto as part of Exhibit A, Roosevelt Irrigation District and Contractor entered into the JOC Master Services Agreement for Construction Services, dated August 19, 2021, (such contract and subsequent amendments thereto herein referred to as the RID , which is attached hereto as Exhibit A and incorporated herein by reference); and WHEREAS, the City is permitted by Section 24-3-16 of the City Procurement Code to make purchases via cooperative purchasing pursuant to a cooperative purchasing contract; and WHEREAS, the Contractor has made a proposal to the City, which is attached hereto as Exhibit B and incorporated herein by reference Proposal ; and WHEREAS, the City desires to accept the Proposal and enter into a contract with the Contractor under the terms and conditions of the RID Contract, by issuing this Addendum to said contract. THEREFORE, the City now enters into this Addendum with the Contractor for the goods and services set forth in Exhibit B. This Addendum incorporates the terms and conditions of the RID Contract, except to the extent superseded herein. All references in the RID Contract to the Roosevelt Irrigation District shall be read to refer to the City of Buckeye. This Addendum shall be effective as of the date set forth above for approval and remain in effect for the remainder of the unless such term is modified or extended pursuant to the terms of the RID Contract. Payments to the Contractor shall be calculated in accordance with Exhibit B, in a total amount not to exceed Six Hundred Sixty-Nine Thousand Nine Hundred Fourteen Dollars and Ninety Cents ($669,914.90) $620,437.49 . FURTHER, this Addendum is subject to cancellation pursuant to ARS §38-511. FURTHER, to the extent applicable, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-Verify requirements under A.R.S. § 23- or its subcontractors failure to comply with such warranty shall be deemed a material breach of this JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 1 (REV. 6.10.25) Addendum and may result in the termination of this Addendum by the City. The City retains the work or services pursuant to this Addendum to ensure compliance with these warranties. FURTHER, to the extent applicable, the Contractor warrants that it is not participating and will not participate in prohibited activity in contravention of A.R.S. § 35-393.01. FURTHER, to the extent applicable under ARIZ. REV. STAT. § 35-394, Contractor certifies that it does not currently, and agrees for the duration of this Agreement that it will not use (i) the ethnic Uyghurs or services produced by the forced labor of ethnic Uyghurs, or (iii) any Contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs. If Contractor becomes aware that it is not in compliance with this paragraph, Contractor shall notify the City of the noncompliance within five (5) business days of becoming aware of it. If Contractor fails to provide a written certification that Contractor has remedied the noncompliance within one hundred eighty (180) days after that, this Agreement shall terminate unless the termination date of this Agreement occurs before the end of the remedy period, in which case this Agreement terminates on the Agreement termination date. FURTHER, the Parties agree that the Addendum and Exhibits thereto shall be governed by State of Arizona law and suits pertaining to the Addendum and Exhibits thereto may only be brought in courts located in Maricopa County, Arizona. FURTHER, all modifications, including but not limited to service additions and deletions, will be made in writing and with the written agreement of both parties. FURTHER, in the event of any inconsistency between this Addendum, the RID Contract, and Exhibit B, the documents shall govern in that order. FURTHER, in the event the Contractor terms of sale or service were provided to the City agreement or other understanding shall in any way modify a City issued or approved contract or the terms of this Cooperative Contract Purchase Addendum (CCPA). [SIGNATURES ON FOLLOWING PAGE] JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 2 (REV. 6.10.25) THEREFORE, the Parties have executed this Addendum as of the date first set forth above. CITY CONTRACTOR THE CITY OF BUCKEYE, KCR, INC. DBA PETRA CONTRACTING, an Arizona Municipal corporation an Arizona corporation By: Doug Sandstrom, City Manager Its: ATTEST: Lucinda Aja, City Clerk RECOMMENDED: Rob Roach, Grant Program and Procurement Manager APPROVED AS TO FORM: K. Scott McCoy, City Attorney JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 3 (REV. 6.10.25) EXHIBIT A TO COOPERATIVE CONTRACT PURCHASE ADDENDUM CONTRACT NO. 32600134 RID Contract See following pages. JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 4 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 5 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 6 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 7 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 8 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 9 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 10 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 11 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 12 (REV. 6.10.25) JOC Master Services Agreement - 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Construction Services Contract No. 32600134 Petra Contracting 49 (REV. 6.10.25) EXHIBIT B TO COOPERATIVE CONTRACT PURCHASE ADDENDUM CONTRACT NO. 32600134 Proposal [Proposal No. 6104 & 6108] See following page . JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 50 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 51 (REV. 6.10.25) JOC Master Services Agreement - Construction Services Contract No. 32600134 Petra Contracting 52 (REV. 6.10.25)