05212020 WRF Basin Maintenance

AGREEMENT

Sorlan ., (herelnatter referred to as “Contractor') and the City of El Mirage, Arizona, a
municipal corporation, (hereinaiter referred to as “City’),

Whereas, City issued Request for Proposal (hereinafter "RFP) No. PW/19 - JOCO1 seeking proposals from

contractors to provide Job Order Contracting for asphalt, concrete, and grading projects on property owned and/or

controlled by City; and,

Whereas, Contractor submitted a response to Clty RFP No. P19 - JOC01 offering to provide Job Order
Contracting for asphalt, concrete, and grading projects from identified properly owned and/or controlled by City
(hereinafter “Proposal’); and,

Whereas, City has determined that Contractor's Proposal is ini conformance with the requirements of RFP
No, PW19- JOCO1 and best meets the needs of the City,

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

4. Contractor agrees, at its own cost and expense, to do all the work and furnish all tha equipment, personnel and
materlals necessary to provide, In a good and substantial manner and to the satisfactlon of the City, the followlng
work, Job Order Contracting for asphalt, concrete, and grading projects, in accordance with the Cify of El Mirage
RFP No. PW19 ~ JOCO1 and Contractors Proposal in response to RFP No. PW19 - JOCO1, which are hereby
specially referred to and by such reference made a part hereof in thelr entirety, RFP No. PW19 - JOCO4 shall
consist of the following documents, which are incorporated herein by this reference: Notice of Request for
Proposals; Instructions and Proposal Conditions; Scope of Work and Projact Specifications; General Terms and
Conditions; Proposal; Bid Tab; Appendix's; and Exhibit’s.

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 Proposal in response to RFP No. PW19 - JOCO1.

3. The City hereby promises and agrees with the Contractor to retain, and doas 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 aforasald, and hereby contracts to pay the same at the time, In the manner
and upon the conditions as provided; and the sald 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, RFP No. PW‘19 - JOCO1 or the Proposal, then this Agreement and the provisions terms of RFP No,
PW19 - JOCO1 shall control and nothing herein shall be considered as an acceptance of the terms of the sald
Proposal conflicting herewith or RFP No. PW19 - JOCO1, unless expressly so stated hereln.

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 ail federal Imrnigration laws and regulations that
relate to their compliance with the E-verlfy 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 Clty of El Mirage. Ths Contractor shall cooperate with the City of El Mirage’s random inspections
including granting the City entry rights te Contractor's property to perform the random inspections and waiving Its
tight 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
material breach of the Agreement and the City shall have the right to immediately terminate the Agreement.

Page 31 of 32
PW19 - JOCOL

THIS AGRFEVENT is made and entered into this _ STA day of Suy an\® by and between i
LA)

The Contractor further agrees to include the following language in all subcontracts entered Into by Contractor |

with any person of 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 Subcontractors compliance with all federal immigration laws and regutations that relate to its
compliance with the E-verify requirements under A.R.S. § 23-214(A). Subcontractors 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 &! 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 shail cooparate with City of El Mirage's random
inspections Including granting the City entry rights to Subcontractors property to perform the random
Inspections and walving their respective rights to keap such papers and records confidentlal. The fallure
of Subcontractor fo comply with this warranty regarding the keeping of papers and records and failure to
cooperate with the City's random Inapections 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.

7, ATTORNEY'S FEES & DISPUTE RESOLUTION, Jn the event elther parly brings any action for any relief,
declaratory or otherwise, arising out of this Contract, or on account of any breach or default hereof, the prevailing
party shall be entitled fo receive from the other party reasonable attorneys’ fees and reasonable costs and expenses,
determined by the court sitting without a jury or arbitration board, which shall be deemed to have accrued on the

commericement of such action and shail be enforceable whether or not such action is prosecuted to judgment or by
arbitration award.

As an alternative to filing a law suit to resolve the dispute, the parties may elect to arblirate the dispute. Each party
shall select a competent and Impartial arbitrator. The two selected arbitrators shall appoint a third arbitrator, If the
two appointed arbitrators cannot agree on a third, they may petition a judge having competent jurisdiction to select
the third arbitrator, or they may resign their appointment Jointly or individually so that the parties may renew the
selection process. The written award of two of the three arbitrators shall bind the parties, The cost of the arbitrators
and any expert witnesses shail be borne by the party that hirad them. The cost of the third arbitrator and other
expenses of the arbitration shall be shared equally by the parties. The arbitration shall take place in the City of El
Mirage. State court rules of procedure and evidence shall be governing.

Executed and entered into on the date first written above.

CITY: CONTRACTOR:

Laetine
fi tt son
Its: ___ Vice President

Attest:

y) Z
Sharon Antes, City Clerk

f
City Attonrey

Page 32 of 32
PWI9-JOCOL

N

_SUNLAND

775 W. Elwood Street
Phoenix, AZ 35041

ASPHALT - :
ae ae (p) 602.323.2800 (f) 602.910.3224
To: City of £1 Mirage Contact: Nick Russa
Address: 12145 NW Grand Ave Phone: 623 518 0381
El Mirage, AZ 85335 US Fax: 623 933 8418

Project Name:
Project Location: El Mirage, El Mirage, AZ

El Mirage - Recharge Basins / Clear & Grub

Bid Number: PH006130
Bid Date: 5/15/2020

[item Description

rub ‘ion Basin Bottoms

Clear And Grub Approx. 217,500 Square Feet Of Retention Basin Bottom And Haul Green Waste To Legal Dump Site.

This Proposal Is Based On Performing The Wark In 1 Phase/Mobilization.

Notes:
° Pricing includes labor, equipment and haul off of vegatation.

Bid Price Subtotal: $44,160.00
Total City of El Mirage 6.0450%: $2,669.47
Total Bid Price: $46,829.47

¢ Pricing excludes bond, survey, water/water supply, dust controf permit, damage to unmarked/unknawn underground utilities.
¢ In order to hold pricing, this proposal must be signed and returned within 30 days from the bid date specified above.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and
are hereby accepted.

Buyer: Aj, Russo

Signature: 727 jo

Date of Acceptance: s/: 21/Z0t0
t—Tt

CONFIRMED:
Sunland Asphalt & Construction, Inc.

Authorized Signature: a

Project Consultant: — Rick Risner
602-705-1041 rrisner@sunlandasphalt.com

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