Agreement with Seaboard

City of Glendale — Regular Meeting (2024-09-10)

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1 
11/08/2023 
C      
AGREEMENT FOR 
High Performance Asphalt and Concrete Cold Patch Materials 
City of Glendale Solicitation No. IFB 24-29 
This Agreement for High Performance Asphalt and Concrete Cold Patch ("Agreement") is effective and entered into 
between CITY OF GLENDALE, an Arizona municipal corporation ("City"), and Seaboard Asphalt Products 
Company, a Maryland Corporation, authorized to do business in the State of Arizona, ("Contractor"), as of the _____ 
day of ____________, 2024. 
RECITALS 
A. 
City intends to undertake a project for the benefit of the public and with public funds that is more fully set 
forth in Exhibit A, pursuant to Solicitation No. IFB 24-29 (the "Project"); 
B. 
City desires to retain the services of Contractor to perform those specific duties and produce the specific 
work as set forth in the Project attached hereto; and 
C. 
City and Contractor desire to memorialize their agreement with this document. 
AGREEMENT 
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the 
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and 
Contractor agree as follows: 
1. 
Key Personnel; Sub-contractors. 
1.1 
Services.  Contractor will provide all services necessary to assure the Project is completed timely and 
efficiently consistent with Project requirements, including, but not limited to, working in close 
interaction and interfacing with City and its designated employees, and working closely with others, 
including other contractors or consultants, retained by City. 
1.2 
Project Team. 
a. 
Project Manager. 
(1) 
Contractor will designate an employee as Project Manager with sufficient training, 
knowledge, and experience to complete the Project and handle all aspects of the 
Project (as determined by the City in its sole discretion); such that the work 
produced by Contractor is consistent with applicable standards as detailed in this 
Agreement; 
(2) 
The City must approve the designated Project Manager; and 
(3) 
To assure the Project schedule is met, Project Manager may be required to devote 
no less than a specific amount of time as set out in Exhibit A. 
b. 
Project Team. 
(1) 
The Project Manager and all other employees assigned to the project by Contractor 
will comprise the "Project Team." 
(2) 
Project Manager will have responsibility for and will supervise all other employees 
assigned to the Project by Contractor. 
c. 
Discharge, Reassign, Replacement. 
(1) 
Contractor acknowledges the Project Team is comprised of the same persons and 
roles for each as may have been identified in the response to the Project's 
solicitation.