Extracted text (via pymupdf)
6639 characters
C!cHANDLER Ua r1z o n a City Clerk Document No. _____ _ City Council Meeting Date: 8/26/21 CITY OF CHANDLER PURCHASE AGREEMENT SEWER LINE CLEANING AND DEBRIS REMOVAL CITY OF CHANDLER AGREEMENT NO. PW2-962-4328 THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona municipal corporation (City), and Simon Family Enterprise, Inc . , an Arizona Sub S Corporation, (Contractor), (City and Contractor may individually be referred to as Party and collectively referred to as Parties), made ___ ___ , 2021 (Effective Date). RECITALS A. On or about May 20, 2021, the City issued a solicitation for sewer line cleaning and debris removal. Under the solicitation, the City proposes to enter into two related agreements for sewer line cleaning and debris removal in various amounts for the prices set forth in each sewer line cleaning and debris removal agreement. Although the amount and type of sewer line cleaning and debris removal purchased for by the City may vary, the total sum for both sewer line cleaning and debris removal agreements must not exceed $998,000. B. City proposes to purchase sewer line cleaning and debris removal services from Contractor as more fully described in Exhibit A, which is attached to and made a part of this Agreement by this reference. C. Contractor is ready, willing, and able to provide the goods or services described in Exhibit A for the compensation and fees set forth and as described in Exhibit B, which is attached to and made a part of this Agreement by this reference. D. City desires to contract with the Contractor to provide these goods or services under the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this Agreement, City and Contractor agree as follows: SECTION I: DEFINITIONS For purposes of this Agreement, the following definitions apply: Agreement means the legal agreement executed between the City and the Contractor City means the City of Chandler, Arizona Contractor means the individual, partnership, or corporation named in the Agreement Page 1 of 23 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 Days means calendar days May, Should means something that is not mandatory but permissible Shall, Will, Must means a mandatory requirement SECTION II: CONTRACTOR'S SERVICES Contractor must perform in accordance with Exhibit A to the City's satisfaction within the terms and conditions of this Agreement and within the care and skill that a person who provides similar goods services in Chandler, Arizona exercises under similar conditions. All goods or services furnished by Contractor under this Agreement must be performed in a skilled and workmanlike manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment furnished by Contractor as part of the goods or services under this Agreement must be new, or the latest model, and of the most suitable grade and quality for the intended purpose of the goods or services. SECTION Ill: PERIOD OF SERVICE Contractor must perform in accordance with Exhibit A for the term of this Agreement. The term of the Agreement is two years, and begins on September 1, 2021 and ends on August 31, 2023 unless sooner terminated in accordance with this Agreement. The City and the Contractor may mutually agree to extend the Agreement for up to two additional terms of two years each, or portions thereof. The City reserves the right, at its sole discretion, to extend the Agreement for up to 60 days beyond the expiration of any extension term. SECTION IV: PAYMENT OF COMPENSATION AND FEES Unless amended in writing by the Parties, Contractor's compensation and must not exceed the unit prices and amounts as more fully described in Exhibit B for performance approved and accepted by the City under this Agreement. Contractor must submit requests for payment for goods or services approved and accepted during the previous billing period and must include, as applicable, detailed invoices and receipts, a narrative description of the tasks accomplished during the billing period, a list of any deliverables submitted, and any subcontractor's or supplier's actual requests for payment plus similar narrative and listing of their work. Payment for those goods or services negotiated as a lump sum will be made in accordance with the percentage of the goods furnished or services completed during the preceding billing period. Goods or services negotiated as a not-to-exceed fee will be paid in accordance with the goods furnished or services completed during the preceding month. All requests for payment must be submitted to the City for review and approval. The City will make payment for approved and accepted goods or services within 30 days of the City's receipt of the request for payment. Contractor bears all responsibility and liability for any and all tax obligations that result from Contractor's performance under this Agreement. SECTION V: GENERAL CONDITIONS 5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses pertaining to this Agreement and records of accounts between the City and Contractor must be kept on Page 2 of 23 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 Owner DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5 DocuSign Envelope ID: 50E8578C-68D3-409C-860F-2C9FFD55EFD5