Felix Signed JOC

JOB ORDER AGREEMENT

THIS AGREEMENT is made and entered into this 7th day of January, 2020, by and between
Felix Construction ., (hereinafter referred to as “Contractor”) and the City of El Mirage, Arizona, a municipal
corporation, (hereinafter referred to as “City”).

Whereas, City issued Request for Proposal (hereinafter “RFQ) No. PW19 - JOCO2 seeking proposals from
contractors to provide Job Order Contracting for water and wastewater projects on property owned and/or controlled by City;
and,

Whereas, Contractor submitted a response to City RFQ No. PW19 - JOC02 offering to provide Job Order
Contracting for water and wastewater projects from identified property owned and/or controlled by City (hereinafter
“Proposal”); and,

Whereas, Contractor was awarded a Contract to provide services in conformance with the requirements of RFQ No.
PW19 - JOCO2.

NOW, THEREFORE, Contractor and City hereby agree as follows:

1. Contractor agrees, at its own cost and expense, to do ail the work and furnish all the equipment, personnel and materials
necessary to provide, in a good and substantial manner and to the satisfaction of the City, the following work, Job Order
Contracting for water and wastewater projects, in accordance with the City of El Mirage RFQ No. PW19 - JOC02 and
Contractor’s contract in response to RFQ No. PW19 - JOC02, which are hereby specially referred to and by such
reference made a part hereof in their entirety. RFQ No. PW19 - JOC02 shall consist of the following documents, which
are incorporated herein by this reference: Notice of Request for Qualifications; Instructions and Proposal Conditions;
Scope of Work and Project Specifications; General Terms and Conditions; Proposal; Appendices; and Exhibits.

2. City agrees to pay Contractor, and Contractor agrees to accept, as full compensation for furnishing all equipment,
personnel and materials and for doing all the work contemplated and embraced in this Agreement, the amounts set forth
in Contractor’s contract in response to RFQ No. PW19 = JOC02.

3. The City hereby promises and agrees with the Contractor to retain, and does hereby retain, Contractor to provide the
equipment, and personnel and materials and to do the work according to the terms and conditions herein contained and
referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the
conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns,
do hereby agree to the full performance of the covenants herein contained.

4. It is further expressly agreed by and between the parties that should there be any conflict between the terms of this
Agreement, RFQ No. PW19 - JOCO2 or the Proposal, then this Agreement and the provisions terms of RFQ No. PW19 -
JOC02 shail control and nothing herein shall be considered as an acceptance of the terms of the said Proposal conflicting
herewith or RFQ No. PW19 - JOC02, unless expressly so stated herein.

5. Time is of the essence to the terms of this contract.

6. FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS. To the extent applicable under A.R.S. § 41-4401,
Contractor warrants its and its subcontractors compliance with all federal immigration laws and regulations that relate to
their compliance with the E-verify requirements under A.R.S. § 23-214(A). Contractor’s or its subcontractors’ breach of
the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of
the Agreement by the City of El Mirage. The City of El Mirage retains the legal right to randomly inspect the papers and
records of Contractor and its subcontractors to ensure that the Contractor and its subcontractors are complying with the
above-mentioned warranty.

The Contractor warrants to keep the papers and records open for random inspection during normal business hours by the
City of El Mirage. The Contractor shall cooperate with the City of El Mirage’s random inspections including granting the
City entry rights to Contractor’s property to perform the random inspections and waiving its right to keep such papers and
records confidential. The failure of Contractor to comply with this warranty regarding the keeping of papers and records
and cooperating with the City’s random inspections shall constitute a material breach of the Agreement and the City shall
have the right to immediately terminate the Agreement.

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The Contractor further agrees to include the following language in all subcontracts entered into by Contractor with any
person or entity to perform work on the Agreement and to terminate the agreement with any subcontractor who violates
any of the warranties set forth in said language below.

To the extent applicable under A.R.S. § 41-4401, Subcontractor warrants to Contractor and the City of El
Mirage Subcontractor’s compliance with ail federal immigration laws and regulations that relate to its
compliance with the E-verify requirements under A.R.S. § 23-214(A). Subcontractor’s breach of the above-
mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the
subcontract by Contractor at the direction of the City of El Mirage. Subcontractor further acknowledges the City
of El Mirage’s right to randomly inspect the papers and records of Subcontractor to ensure that Subcontractor is
complying with the above-mentioned warranty.

Subcontractor warrants to keep the papers and records open for random inspection during normal business hours
by City of El Mirage. Subcontractor shall cooperate with City of El Mirage’s random inspections including
granting the City entry rights to Subcontractor’s property to perform the random inspections and waiving their
respective rights to keep such papers and records confidential. The failure of Subcontractor to comply with this
warranty regarding the keeping of papers and records and failure to cooperate with the City’s random
inspections shall constitute a material breach of the Agreement and the City shall have the right to immediately
require Contractor to terminate the Agreement with Subcontractor.

Executed and entered into on the date first written above.

CITY: , CONTRACTOR:
Public Works Department Director David Giannetto, Principal, Felix Construction

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