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Contract # : C20-0669 - ACE ASPHALT OF ARIZONA, INC - Execution Date: 8/11/2020
C20-0669 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND Ace Asphalt of Arizona, Inc. THIS LINKING AGREEMENT (this "Agreement") is entered into as of this , day of ; , 2020, between the City of Glendale, an Arizona municipal corporation (the "City"), and Ace Asphalt of Arizona, Inc, a(n) Arizona Company authorized to do business in Arizona ("Contractor"), collectively, the"Parties." RECITALS A. On August 6, 2019, under S.A.V.E Cooperative Purchasing Agreement., the City of Buckeye entered into a contract with Contractor to purchase the goods and services described in the Job Order Contract for Sealing Application Projects Contract Number 2019005- 09("Cooperative Purchasing Agreement"), which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by other governmental agencies including the City. B. Section 2-149 of the City's Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City desires to contract with Contractor for supplies or services identical, or nearly identical, to the supplies or services Contractor is providing other units of government under the Cooperative Purchasing Agreement. Contractor consents to the City's utilization of the Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to provide the supplies and services set forth in this Agreement. AGREEMENT NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. The City is purchasing supplies and/or services from Contractor pursuant to the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement, purchases can be made by governmental entities from the date of award,which was August 6,2019,until the date the contract expires on August 5,2021 unless the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original contracting parties. The Cooperative Purchasing Agreement, however, may not be extended beyond August 5, 2024. The initial period of this Agreement, therefore, is the period from the Effective Date of this Agreement until August 5, 2021. The City may renew the term of this Agreement for an additional two (2) one(1)year periods until the Cooperative 1/2/2020 Purchasing Agreement expires on August 5, 2024. Glendale renewals are not automatic and shall only occur if the City gives the Contractor notice of its intent to renew. The City may give the Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the Effective Date to effectuate such renewal. 2. Scope of Work;Terms, Conditions,and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. 3. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed five million dollars ($5,000,000) annually or twenty million dollars ($20,000,000) for the entire term of the Agreement (initial term plus any renewals). 4. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. 5. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race,color,religion,sex,national origin,age,marital status,sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors,warrants compliance with this section. 6. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. 7. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S. § 41-4401. 8. No Boycott of Israel. The Parties agree that they are not currently engaged in and agree that for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393.Unless and until the District Court's injunction in Jordahl v Brnovich, 336 F.Sup.3d 1016 (D.Ariz. 2018)is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35.393.01 (A)) (if applicable to this agreement) is unenforceable and the City will take no action to enforce it. 2 1/2/2020 9. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Bata Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties' respective authorized representatives at the address listed below: City of Glendale c/o David Beard,City Engineer 5850 W. Glendale Avenue Glendale,Arizona 85301 623-930-3630 and Ace Asphalt of Arizona, Inc. c/o L. Kevin Gaston 3030 S. 7'Street Phoenix,AZ 85009 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year set forth above. "City" "Contractor" City of Glendale, an Arizona Ace Asphalt of Arizona,Inc.,an Arizona municipal corporation / Company: By: \�' 1/ ,. //1 ; flyU - '. r Phelps G�' anager Name:Robert Robichaud Tide: VP Sales Al'T EST: Julie ower (SEAL) Ci lerk APPROVED AS TO FORM: Ii�Iic r el D. cy City Attorney 3 1/2/2920 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND Ace Asphalt of Arizona, Inc. EXHIBIT A JOB ORDER CONTRACT BETWEEN THE CITY OF BUCKEYE AND ACE ASPHALT OF ARIZONA, INC. CONTRACT NUMBER 2019005-09 4 1/2/2020 JOB ORDER CONTRACT BETWEEN CITY OF BUCKEYE AND ACE ASPHALT OF ARIZONA, INC. CONTRACT NO. 2019005-09 CHANGE ORDER#1 Pursuant to the Job Order Contract between the City of Buckeye, an Arizona municipal corporation (the "City") and Ace Asphalt of Arizona, Inc., an Arizona corporation (the "Contractor"), dated August 6, 2019, the following changes apply: Extension of the original contract term: 1. The contract term shall be extended from August 6, 2020 through August 5, 2021. This Change Order shall not change the Contract amount. The terms and conditions of the Change Order, including the cost and time contained herein, constitute a full accord and complete satisfaction for all costs and time of performance related to the work described or referenced. Except as amended herein, all provisions of the contract remain in full force and effect. This document shall become an amendment to the contract and all provisions of the contract will apply hereto. THEREFORE, the City of Buckeye by its Manager, Construction and Contracting has hereunto subscribed his name this dull 22, 2020. CITY OF BUCKEYE CONSULTANT: ACE ASPHALT OF ARIZONA, INC. C,GU 4z,irf Christopher A. Williams, Manager Justin Shawler,Director of Sales Construction and Contracting Division Public Works JOC Street Maintenance 1 Contract#2019005-09 Change Order#1 Ace Asphalt JOC Street Maintanouse Contract Extension Final Audit Report 2020-06-22 Created: 2020-06-16 By: Purchasing Buckeye(purchasing@buckeyeaz.gov) Status: Signed Transaction ID: CBJCHBCAABAAJGHOzloGpwQwVzWJIG2MLonbiUGc6JUm "JOC Street Maintanouse Contract Extension" History t Document created by Purchasing Buckeye(purchasing@buckeyeaz.gov) 2020-06-16-6:09:13 PM GMT-IP address:174.78.95.30 P-► Document emailed to Justin Shawler(shawlerj@aceasphalt.com)for signature 2020-06-16-6:10:08 PM GMT ,e Email viewed by Justin Shawler(shawlerj@aceasphalt.com) 2020-06-16-6:24:21 PM GMT-IP address:174.238.132.93 6e Document e-signed by Justin Shawler(shawlerj@aceasphalt.com) Signature Date:2020-06-16-6:25:43 PM GMT-Time Source:server-IP address:174.238.132.93 C'�► Document emailed to CA Williams (cwilliams@buckeyeaz.gov)for signature 2020-06-16-6:25:44 PM GMT ,e Email viewed by CA Williams (cwilliams@buckeyeaz.gov) 2020-06-16-6:38:42 PM GMT-IP address:174.238.149.68 5 Email viewed by CA Williams (cwilliams@buckeyeaz.gov) 2020-06-22-5:31:20 PM GMT-IP address:23.103.201.254 de Document e-signed by CA Williams(cwilliams@buckeyeaz.gov) Signature Date:2020-06-22-5:31:47 PM GMT-Time Source:server-IP address:174.78.95.30 O Signed document emailed to all eligible parties. 2020-06-22-5:31:47 PM GMT 111 Adobe Sign JOB ORDER CONTRACT BETWEEN CITY OF BUCKEYE AND ACE ASPHALT OF ARIZONA, INC. CATEGORY 2: SEALING APPLICATION PROJECTS Contract Number:2019005-09 This JOB ORDER CONTRACT FOR STREET MAINTENANCE SERVICES(the"Contract") is made and entered into and made effective the 6 of August, 2019 by and between the City of Buckeye, an Arizona municipal corporation (the"City")and Ace Asphalt of Arizona Inc.,an Arizona Corporation (the"Contractor").This Contract is for Street Maintenance Services, and issued as required by award of individual Job Orders (the "Project"). RECITALS A. The City issued a Request for Qualifications entitled "Job Order Contracting for"Street Maintenance Services" (the "RFQ") incorporated herein by reference, seeking proposals from vendors interested in providing Street Maintenance Services. B. The Contractor submitted a proposal in response to the RFQ(the "Proposal"), attached hereto as Exhibit A and incorporated herein by reference, and the City desires to enter into an Agreement with the Contractor for indefinite quantity and indefinite delivery for various projects related to Street Maintenance Services awarded by Category as follows: 1. Category 2:Sealing Application Projects to include but not limited to the following: • Asphalt Emulsion Seal coat-Master seal • Asphalt Emulsion Seal coat-PMM • Asphalt Emulsion Seal Coat-Slurry Seal Type II • Equipment required for Sealing Applications • Preparation of surfaces and Cleaning • Protection of Landscape and adjacent Property • Community.Outreach • Traffic Control • Quality Control Standards and Testing The Projects may include Design Services, preconstruction services, permitting regulatory requirements and as-built/close-out documents (collectively the "Services"). Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 1 AGREEMENT NOW,THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Contractor agree as follows: ARTICLE 1 CONTRACT TERM 1. This Contract has a base period of one (1)year and four option periods of one (1)year each that may be exercised in the sole discretion of the City.Any exercise of any option to renew this Contract beyond the base period will only be effective upon written notice from the City. The time period during which this Contract is in effect is the "Term". 2. The Contract Time for each Job Order shall start with the Notice to Proceed ("NTP") and end with Final Acceptance,as set forth below.The NTP will not be issued until prior approval and acceptance by.City of the Job Order. 3. The Contract Time is identified in the Job Order as the Contract Duration in terms of calendar days. Contractor agrees that it will commence performance of the Work after receiving an official NTP letter and complete the Project through both Substantial Completion (if applicable) and Final Completion within the Contract Time. 4. Time is of the Essence of this Contract,.and each Job Order issued hereunder, for each Project, and for each phase and/or designed Milestone thereof. 5. Failure on the part of Contractor to adhere to the approved Project Schedule will be deemed a material breach and sufficient grounds for termination of a specific Job Order and/or this Contract by City. The City will assess liquidated damages as described in each Job Order for each calendar day of delay beyond the Final Completion date. ARTICLE 2' ' OVERVIEW OF JOB ORDER CONTRACTING UNDER THIS CONTRACT 1. This Contract establishes an indefinite delivery, indefinite quantity,Job Order Contract for such Services within the scope of this Contract as City may request from time to time by issuance of an individual Job Order for each Project. Unless otherwise specified in a specific Job Order,Job Orders generally will not include Design Services and that where Design Services are necessary, City will provide them under separate contract.There will be a separate Job Order for each Project that will describe the Work to be provided by Contractor for that Project. There may be multiple Projects and therefore multiple Job Orders under this Contract. 2.. The amount to be paid by the City for the Project under each Job Order is the Contract Price for that Job Order.The Job Order price will include a total amount for each Job Order priced for the Work described for that Job Order.The Contract Price for any Job Order will be established as a Firm Fixed Price,subject to the following: Contract U2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 2 (a) Estimated values for individual projects are estimated at $500,000 to $1,000,000. Projects may extend into the next fiscal year and beyond, but in no instance will any one project under this Contract exceed $5,000,000. It is expected that no more than two (2) projects per year will exceed $1,000,000. (b) There is no limit on the number of Job Orders that City may issue to the Contractor during the term of this Contract. Likewise, there is no requirement that the City issue any Job Orders to the Contractor during the Term of this Contract. 3. City shall have the right to perform work of the types included in this Contract itself or to have other contractors perform such work. 4. No Contract in relation to any specific Work is in effect until a Job Order has been fully executed by City and Contractor. 5. During the Term of this Contract,City will issue an individual Job Order request for proposal to Contractor for each Project. Each Job Order will have specific,instruction concerning that Job Order.The Contractor will follow these specific instructions when preparing a response in the form of a Job Order Proposal. 6. The general steps for development of a Job Order are: (a) When City identifies a need for performance of a Project under a Job Order; City will issue an RFP to Contractor and also advise Contractor of the nature of the Work to be done.At the same time, City will advise the Contractor if Design Services are required and how those services will be provided. Within seven (7) working days of receipt of this notification, Contractor will: (i)Visit the proposed Project Site with City designated representatives; and (ii)Arrange with City to further define the scope of the Project. Contractor shall thoroughly acquaint itself with all available information concerning the conditions of the Work under each Job Order and is responsible for correctly and fully estimating the difficulty of performing the Work, the actions required to perform the Work and the cost of successfully performing the Work under each Job Order. (b) City may arrange for any needed Design Services to produce the Drawings and Specifications. Design Services will not begin until the scope of Design Services is approved by City. The Drawings and Specifications developed by the Design Services are subject to approval by City. If there are no Design Services, City will develop Drawings and Specifications consisting of a line drawing and a written description of the contemplated Work. (c) Upon establishment of the scope of the, Contractor will prepare its proposal for accomplishment of the Project. 7. Upon award of a Job Order, a signed copy of the Job Order will be mailed or electronically forwarded to Contractor. Failure by Contractor to pick up or receive the mailed or electronic orders shall not relieve Contractor from the obligation to complete the Work under the Job Order in accordance with the terms of this Contract or the terms of each Job Order. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 3 8. City may provide a verbal NTP for the Work in advance of issuing the formal NTP letter (which will be followed up with a written NTP). Normally, NTP will be issued under separate cover from the Job Order. The Contract duration starts with the date on the NTP letter. ARTICLE 3 DEFINITIONS "Addenda"written or graphic instruments issued prior to the submittal of the Proposal(s),which clarify,correct or change the Proposal(s) requirements. "Agreement" means the executed agreement between City and Contractor. "Change Order" means a written instrument issued after execution of a Job Order or this Contract signed by City and the Contractor,stating their agreement upon all of the following:the scope of the change in the Work; the amount of the adjustment to the Contract Price; and the extent of the adjustment to the Contract Time(s). "City" means the City of Buckeye,a municipal corporation,with whom Contractor has entered into this Contract and for whom the Services is to be provided pursuant to said Contract. "City's Project Criteria"means information developed by or for the City to describe City's program requirements and objectives for the Project, including use, space, price,time, site and expandability requirements, as well as submittal requirements and other requirements governing Contractor's performance of the Work. City's Project Criteria may include conceptual documents, design criteria, performance requirements and other Project- specific technical materials and requirements. "City's Representative" means the person designated within this contract. "Commissioning" means the process for achieving,validating and documenting the performance of the Project including any works and its systems to meet the design needs and requirements of the City. "Construction Documents" means the plans, specifications and drawings prepared by the Contractor or a Consultant. "Construction Drawings" means the detailed drawings approved as part of the approved Construction Documents. "Construction Work" means the construction component of the Project. "Contract Documents" means the following items and documents in descending order of precedence: (i) all written modifications, amendments and Change Orders to this Contract; (ii)this Contract, including all exhibits and attachments, executed by City and Contractor to include each Job Order; (iii) written supplementary conditions; (iv) Construction Documents prepared and approved; (v) Contractor's approved Variations of the City's Project Criteria, as contained in Exhibit A.; (vi) City's Project Criteria; (vii) Contractor's Proposal(s), except for accepted Variations of the City's Project Criteria, submitted in response to City's Project Criteria. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 4 "Contract Price" means the amount or amounts set forth in each awarded Job Order subject to adjustment in accordance with this Contract. "Contract Time" means the Days set forth in each awarded Job Order subject to adjustment in accordance with this Contract. "Job Order"means a specific written agreement between the City and the Contractor for Work to be performed under this Contract for an individual, mutually agreed upon scope of work,schedule and price. "Day(s)" means calendar days unless otherwise specifically noted in the Contract Documents. "Deliverables" means the work products prepared by the Contractor in performing the scope of work described in each Job Order. "Design Services" means all professional services to be performed or procured by the Contractor or by City to provide required Project design under this Contract and any subsequent amendments. "Job Order Contractor" means the firm, corporation, or other approved legal entity with whom the City has entered into this Contract to provide services as detailed in this Contract.The term Contractor may be used to identify the Job Order Contractor. "Differing Site Conditions" means concealed or latent physical conditions or subsurface conditions at the Site that, (i) materially differ from the conditions indicated in the Scope of Work issued with each Job Order or(ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work. "Final Acceptance" means the completion of the Project as prescribed in Article 10. "Float" means the number.of Days by which an activity can be delayed without lengthening the Critical Path and extending the Substantial Completion date. "Legal Requirements" means all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. "Notice to Proceed" or"NTP" means the directive issued by the City, authorizing the Contractor to start Work or a portion of the work. "Payment Request" means the City form used by the Contractor to request payment for Work performed. "Product Data" means illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. "Project" means the Work to be completed in the execution of any awarded Job Order and as amended and as prescribed as any Scope of Work in identified in each awarded Job Order. Project means the Work associated with each awarded Job Order issued under this Contract. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 5 "Project Schedule" means a schedule as prescribed in this Contract or subsequent Job Orders. "Project Record Documents" means the documents created pursuant to Article 12. "Samples" means physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. "Schedule of Values (SOV)", means the Document specified in the construction phase, which divides the Contract Price into pay items, such that the sum of all pay items equals the awarded Job Order Price for the Work, or for any portion of the Work having a separate specified Contract Price. "Shop Drawings" mean drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. "Scheduled Substantial Completion Date" means the calendar date equal to the Notice to Proceed date established plus the number of Days established in each Job Order. "Site" means the land or locations on which the Project is located, as more particularly described in the Job Order. "Subcontractor" or "Subconsultant" means any person or entity retained by Contractor as an independent contractor to perform a portion of the Work and shall include material, men and suppliers. "Substantial Completion" means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that City can occupy and use the Project or a portion thereof for its intended purposes. "Technical Consultant" means an agent of the City who furnishes project management assistance (if applicable to a Job Order). F. "Variations of the City's Project Criteria" means agreed changes to the City's Project Criteria by both Parties. "Work" means as defined in Article 5, Paragraph 2. ARTICLE 4 DESIGN PHASE AND DESIGN SERVICES 1. Costs for Preconstruction services will be included in Contractor's firm fixed price cost proposal. 2. Contractor may also be required to provide incidental Design Services for all or a portion of the Work to be constructed under a specific Job Order. If consulting services for design and the preparation of Plans and Specifications are required; they will be paid for as a separate line item in the Contractor's price proposal. Normally the City will obtain Design Services from a consultant or prepare design documents using City staff. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 6 ARTICLE 5 CONSTRUCTION SERVICES 1. Contractor shall perform all Work necessary to construct the Project in accordance with all applicable Legal Requirements, this Contract and the specifications outlined in each Job Order, and render the Project and all its components operational and functionally and legally usable for their intended purpose. 2. The term "Work" shall mean whatever is done by or required of Contractor to perform and complete its duties relating to the construction of each Job Order under the Contract, including, without limitation, the following: A. Construction of the whole and all parts of the Project in full and strict conformity with each Job Order; B. The provision and furnishing, and prompt payment therefore, of all labor, supervision, services, materials, supplies, equipment,fixtures, appliances, facilities, tools,transportation, storage, power, fuel, heat, light, cooling, other utilities and things required for the construction of each Job Order; C. The procurement and furnishing of all necessary permits and other permits required for the construction of each Job Order; D. The creation and submission to City of detailed as-built drawings depicting all as-built construction; E. The furnishing of any required surety bonds and insurance as may be required by each Job Order; F. The furnishing of all equipment and product warranties, manuals, test results and user guides required by each Job Order or otherwise reasonably available to Contractor; G. The furnishing of all other services and things required or reasonably inferable from the Contract Documents, including the provisions of Article 6 below. ARTICLE 6 TIME FOR CONSTRUCTION:THE CONTRACT TIME 1. After City has awarded each Job Order, City shall issue a NTP directing Contractor to proceed with the Work on the date indicated in the notice (the "Commencement Date"). The notice to commence Work shall be issued at least ten (10)days prior to the Commencement Date. 2. Contractor shall commence the Work on the Commencement Date, and the Work shall be carried out regularly and without interruption. Contractor shall substantially complete the Work no later than the date established in each Job Order or such other date as may be issued by a Change Order (the "Scheduled Completion Date").The number of calendar days between the effective date of the Contract and the Scheduled Completion Date is the "Contract Time".Contractor shall achieve Final Completion of the Work no later than thirty(30) calendar days after achieving Substantial Completion. 3. Contractor understands that if Substantial Completion for entire project is not attained by the Scheduled Substantial Completion date, City will suffer damages which are difficult to determine and accurately Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance specify. Contractor agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Contractor shall pay City the amount established in each Job Order as liquidated damages for each day that Substantial completion extends beyond the Scheduled Substantial Completion Date. 4. All limitations of time set forth in each Job Order are material and time is of the essence of each Job Order. ARTICLE 7 ADDITIONAL DUTIES AND RESPONSIBILITIES OF CONTRACTOR 1. The intent of this Contract is to require complete, correct and timely execution of all Job Orders awarded for the Construction Work. Any and all Construction Work that may be required reasonably implied or reasonably inferred by each Job Order as necessary to produce the intended result shall be provided by Contractor for the Construction Price as provided in each awarded Job Order. 2. All Work performed by Contractor shall be in strict compliance with each Job Order. "Substantial Compliance" is not strict compliance.Any Construction Work not in strict compliance with each Job Order is defective. 3. The Construction Work shall be strictly supervised and directed using Contractors best and highest skill and effort. Contractor shall bear full responsibility for any and all acts or omissions of those engaged in the Construction Work on behalf of the Contractor. 4. Contractor warrants and guarantees to City that all labor furnished to perform the Construction Work under each Job Order will be competent to perform the tasks undertaken and is the best. quality obtainable, that the product of such labor will yield only superior results in strict compliance with the requirements of each Job Order,that materials and equipment furnished will be of high qualityand new unless otherwise permitted by the Job Order, and that the Construction Work will be of high quality, free from faults and defects and in strict conformance with the requirements found in each Job Order. Any and all Construction Work not strictly conforming to these requirements shall be considered defective and shall constitute a breach of Contractor's warranty. 5. Special or specific guarantees and warranties which are required by each Job Order to run for a fixed period of time shall commence running on the date of Substantial Completion of all Construction Work. In general; Contractor warrants all work, including labor and materials, for a period of two (2) years from the date of Substantial Completion, unless otherwise specified in the Job Order. 6. Contractor, within fifteen (15) days after the Commencement Date, shall submit to the Manager of Construction and Contracting for his information, and shall comply with, Contractor's Schedule of Construction for each Job Order awarded. The Schedule of Construction shall reflect the performance of all Construction Work on weekdays and non-holidays. The Schedule of Construction shall be a detailed critical path(CPM) schedule in a form acceptable to City. The Schedule of Construction shall be revised at least monthly and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project awarded as a Job Order. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Paragraph shall be a condition precedent Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 8 for payment to Contractor, and failure to strictly comply with this requirement shall constitute a material breach of the Contract. No claim for an increase in the Construction Price shall be allowed as a result of Contractor basing the Construction Price upon an early completion schedule, or as a result of delays and costs attributable to completion later than the planned early completion date. 7. Contractor shall continuously maintain at the Site, for the benefit of City, an updated copy of the awarded Job Order, including one record copy of the Job Order Documents marked to record on a current basis changes, selections and modifications made during construction.Additionally, Contractor shall maintain at the Site, for the benefit of City, a copy of all Shop Drawings, Product Data, Samples, and other Submittals, if specified in the awarded Job Order. Upon Final Completion of the Construction Work, or upon the City's request; all of the documents described in this Paragraph shall be finally updated and delivered to City and shall become the property of the City. 8. Contractor shall review, study, and approve, or take other necessary action upon all Shop Drawings, Product Data, Samples, and other Submittals to ensure that each Job Order will be constructed in a timely fashion in strict compliance with the requirements of the Contract and Job Order. No deviation from, substitution for, or other modification from the Documents shall be allowed by Contractor in a shop drawing or submittal without written approval, in the form of a Change Order, from City. Contractor shall engage in prompt and adequate review of Shop Drawing and other Submittals to maintain the Construction Schedule; Contractor also warrants it will use its best independent professional judgment in its review to determine compliance with the Contract Documents. 9. City shall also, in its discretion, have the right to review and approve Submittals, and if City so elects, Contractor shall not perform any portion of the Construction Work as to which the City has required submittal and review until such Submittal has been approved by the City.Approval by the City,however, shall not be evidence that Construction Work installed pursuant to the City's approval conforms with the requirements of the Contract nor shall such approvals relieve Contractor of any of its responsibilities or warranties under the Contract. If City elects to review Submittals, Contractor shall maintain a Submittal log which shall include,at a minimum,the date of each Submittal,the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. Contractor shall have the duty to carefully review, inspect and examine any and all Submittals before submission of same to City. Shop Drawings and other Submittals from Contractor do not constitute a part of this Contract. 10. Contractor shall procure from all Subcontractors and Suppliers and shall transmit to the City, all warranties required by the Contract. Contractor shall review all such warranties and shall certify to City that the warranties are in strict compliance with the requirements of the Contract. 11. Contractor shall prepare or procure and shall transmit to the City all documentation required by this Contract regarding the operation and recommended maintenance programs relating to the various elements of the Construction Work.. 12. If required in the Job Order, Contractor shall prepare and provide to the City a complete set of all as- built drawings which shall be complete and, except as specifically noted, shall reflect performance of the Construction Work in strict compliance with the requirements of this Contract. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 9 13. Contractor shall assume all labor responsibility for all personnel assigned to or contracted for the performance of the Construction Work and agrees to strictly comply with all its obligations as employer with respect to said personnel under all applicable labor laws. 14. Contractor shall be responsible for procuring all tests and inspections required by sound professional practices and by governmental authorities having jurisdiction over the Project. Contractor shall submit certified results of such tests to City. If the laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Construction Work to be specifically inspected, tested, or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to City the required certificates of inspection,testing or approval. 15. Contractor shall,during the course of the Construction Work,comply with any regulations or guidelines prescribed by City. Contractor warrants that it will comply with all public laws, ordinances, rules and regulations applicable to the services to be performed under the Contract,including without limitation, those relating to the terms and conditions of the employment of any person by Contractor in connection with the Construction Work to be performed under the Contract. 16. Contractor shall perform the Construction Work in accordance with all construction codes, laws, ordinances or regulations applicable to the design and execution of the Construction Work. Any fine or penalty which may be imposed as consequence of any violation of this provision shall be paid by Contractor,and Contractor,to the fullest extent permitted by the law,shall fully defend, indemnify and hold City harmless for, from and against all loss, damage, and expense, including attorney's fees, resulting from any such violation or alleged violation of codes, laws, ordinances, or regulations, regardless of a concurrent contribution by City, through negligence or other wrongful act, to such loss, damage, or expense, except that such indemnity shall not apply if the violation is solely and directly caused by a negligent or willful act or omission of City, its officers, agents, or employees. 17.All construction and building permits, licenses and authorizations necessary for the construction of the Project shall be secured and paid for by Contractor.Contractor shall notify the City when it has received said permits, licenses, and authorizations, and upon receipt shall supply the City with copies of same. The originals of permits, licenses and authorizations shall be delivered to the City upon completion of the Construction Work, and receipt of these documents by City shall be a condition precedent to final payment. Contractor shall also give and maintain any and all notices required by applicable laws pertaining to the construction of the Construction Work. 18. While on City's property, all Contractor's employees and Subcontractors shall confine themselves to areas designated by the City and will be subject to City's badge and pass requirements, if any, in effect at the Site of the Construction Work. 19. Contractor shall take all reasonable steps and legally required measures at the site to comply with applicable safety regulations and standards and to adequately protect the Construction Work, stored materials, and temporary structures located on the premises, and to prevent unauthorized persons from entering upon the site. Contractor shall at all times safeguard City's property and employees from injury or loss in connection with the performance of the Contract.Contractor shall at all times safeguard and protect its own partially or completely finished Construction Work and that of the adjacent property and all adjacent construction Work from damage.Contractor shall protect City's equipment,apparatus, Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 10 machinery, and other property and all adjacent construction Work with boarding and other safeguards so as to keep the premises free from dampness, dirt, dust, or other damage and shall remove all such temporary protection upon completion of the Construction Work. 20. Unless otherwise instructed by City,Contractor shall repair and return to original condition all buildings, streets, curbs, sidewalks, landscape, utilities or other facilities affected by Contractor's performance of the Construction Work. 21. Contractor shall keep the site reasonably clean during performance of the Construction Work. Upon Final Completion of the Construction Work, Contractor shall thoroughly clean the site and the Project and remove all waste, debris, trash and excess materials or equipment, together with Contractor's property therefrom. 22.At all times relevant to the Contract, Contractor shall provide access to the Construction Work to City and its designees without formality or other procedure. 23.The City's decisions in matters relating to aesthetic standards and effect shall be final. 24. In performing both Design Services and Construction Work under this Contract, the relationship between City and Contractor is that of independent contractor,and the execution of this Contract does not change the independent status of Contractor. Contractor shall exercise independent judgment in performing its duties under this Contract and is solely responsible for setting working hours,scheduling or prioritizing the Contract work flow and determining how all Contract work is to be performed. No term or provision of this Contract or act of Contractor in the performance of this Contract shall be construed as making Contractor the agent, servant or employee of City, or making Contractor or any of its employees eligible for the fringe benefits,such as retirement, insurance and worker's compensation, which City provides its employees. ARTICLE 8 CONTRACT PRICE 1. City shall pay, and Contractor shall accept, as full and complete payment for all Work associated with each Job Order the amount approved and awarded to the Contractor as a Job Order. Each Job Order will be a separate contract under this Contract. The general terms and conditions will be established by this Contract and special contract provisions will be established within each Job Order. 2. Job Order Construction Price, unless changed by Supplemental Agreement or Change Order, represents the absolute limit of obligation or liability that City may ever have insofar as the cost for full and final completion of the Work,and the total of all payments to Contractor or its Subcontractors are concerned. Should additional amounts be required to be expended, over and above a Job Order Construction Price, to achieve completion of the Construction Work, including Project construction, and payment to Contractor, in accordance with this Contract and any Special Provisions included in each awarded Job Order, liability for and payment of such additional amounts shall be the sole responsibility of Contractor and its Contract Surety herein, and City shall never be liable for same. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 11 3. In addition to the Construction Work Contractor will perform, it will also provide all the usual and necessary traditional construction management services incident to construction projects of the nature and scope of this Project,for which the Management Fee described in this Contract is paid.The services required are not intended in any manner to diminish the overall responsibility of Contractor for the full and final completion of the Construction Work within the time and cost constraints specified in this Contract. 4. City agrees to pay Contractor for the Cost of the Construction Work as defined in each Job Order,subject to submission by Contractor of all backup substantiation as may be reasonably required by the City. In no event shall the sum of payments for the Cost of the Construction Work and any other Contractor compensation exceed the Construction Price, as adjusted by Change Order. The term "Cost of the Construction Work"shall be defined in each Job Order and be established as a Firm-Fixed Price Contract. ARTICLE 9 PAYMENT OF THE CONTRACT PRICE 1. Payments of the Contract Price will be made monthly as Work progresses. Payment Applications, covering labor, material, equipment, supplies, and other items completed, delivered or suitably stored on site during a period ending on the last calendar day of each month, shall be submitted to the City by the Contractor on the current edition of AIA Documents G702 and G703, within five (5) days after end of the period. Payment Applications shall be notarized shall be supported by such data substantiating the Contractor's right to payment as the City may require, and reflect retainage, if any, as is provided. All payments shall be subject to any offset or retainage provisions of the Contract. 2. Each payment made to the Contractor shall be on account of the total amount payable to the Contractor, and title.to all Work covered by a paid partial payment shall thereupon pass to the City. Nothing in this section shall be construed as relieving the Contractor from the sole responsibility for care and protection of materials and Work upon which payments have been made,for restoration of any damaged Work, or as a waiver of the right of the City to require fulfillment of all terms of Contract Documents. 3. The City,within seven (7) days after receipt of the Payment Application,will either issue a Certificate for Payment for such amount as is properly due or issue written notice of the reasons for withholding such a certificate. 4. The issuance of a Certificate for Payment will constitute a representation by the City,observations at the site and the data comprising the Application .for Payment, that the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his certificate); and that the Contractor is entitled to payment in the amount certified. 5. Payment may be withheld in whole or in part to protect the City on account of: a. Unsatisfactory job progress as determined by the City. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 12 b. Defective Work or materials not remedied. c. Disputed Work or materials. d. Claims or other encumbrances filed or reasonable evidence indicating probable filing of claims or other encumbrances by Subcontractors or Suppliers, or others. e. Failure of the Contractor to make payment to Subcontractors or Suppliers within seven (7) days after receipt of each progress payment. f. A reasonable doubt as determined by the City that the Work can be completed for the unpaid balance of the Contract Price or within the Contract Time. g. The Contractor's failure to perform any of its contractual obligations under the Contractor Documents, or.any other Contract with the City. h. Deficiencies or claims asserted by City against Contractor arising from any other project. Within fourteen (14)days following the receipt of the Certificate of Payment,the City shall pay to the Contractor 90%of the value of the Work in place and materials suitably stored at the Site.The remaining 10%shall be retained by the City until the Contract is 50% completed at which time the retainage shall be reduced to 5%; provided that: (a)the Contractor is making satisfactory progress on the Contract; and (b) in the City's sole judgment,there is no specific cause or claim requiring a greater amount than 5%to be retained.Thereafter,the City shall pay the Contractor 95%of the value of the Work, unless and until it determines satisfactory progress is not being made, at which time the 10% retainage may be reinstated. Such 10% reinstatement would be 10%of the total contract value of Work in place and materials stored.The City's sole judgment concerning the satisfactory progress of the Work shall be final. 6. Within sixty(60) days after the issuance of the Certificate of Final Completion by the City and receipt of all other documents required by the Contract, all retained amounts shall be paid to Contractor as part of Final Payment: a. The Final Payment shall not become due until the Contractor delivers to the City full and final unconditional releases from Subcontractors and major Suppliers acknowledging payment in full. Any claim filed thereafter shall be the responsibility of the Contractor. b. If any claim remains unsatisfied after all payments are made, the Contractor shall immediately upon demand refund to the City all monies that the latter may be compelled to pay in discharging such claim including all costs, interest and attorneys'fees. ARTICLE 10 SUBSTANTIAL AND FINAL COMPLETION 1. "Substantial Completion"means that stage in the progression of the Construction Work,as approved by City in writing, when the Project is sufficiently complete in accordance with the Contract that City can enjoy beneficial use or occupancy of the entire Project and can utilize it for all of its intended purposes.A condition precedent to Substantial Completion is the receipt by City of all necessary authorizations for the use of the Project required by any governmental or regulatory authority. City reserves the right to use any part, phase or system of the Project when such part, phase or system is substantially completed, but such partial use of the Project shall not result in the Project being deemed substantially complete,and such partial use shall not be evidence of Substantial Completion. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 13 2. When Contractor believes that the Construction Work is substantially complete, Contractor shall notify the City in writing and shall submit to City a list of items remaining to be completed or corrected.The City,the City's designee, (or an independent consultant hired by City)will perform an inspection. If the Construction Work is substantially complete, in the sole opinion of City, City will prepare a Certificate of Substantial Completion which shall establish the date of Substantial • Completion. The Certificate of Substantial Completion shall state the responsibilities of City and Contractor for Project security, maintenance, damage to the Construction Work, and insurance,and shall fix the date, not more than 30 days after the established date of Substantial Completion, within which Contractor shall complete any items of incomplete or defective Construction Work. The Certificate of Substantial Completion shall be submitted to Contractor for its written acceptance of the responsibilities assigned to it in such certificate. 3. Upon Substantial Completion of the Construction Work; and upon execution by both City,and Contractor of the Certificate of Substantial Completion, City shall pay Contractor, within thirty (30) days, all sums due Contractor, including such amount of retainage as the City in its sole discretion wishes to pay based upon the value of remaining performance, less the reasonable costs, as determined by City in City's sole discretion,for completing all incomplete Construction Work and/or any Design Services,correcting and bringing into strict conformance all defective and nonconforming Construction Work, and handling all outstanding or threatened claims. 4. "Final Completion" means the completion of all Work required by, and in strict compliance with,this Contract, the Job Order, including Contractor's provision to City of all documents and deliverables required to be provided by the Contract. 5. When Contractor believes that all of the Construction Work is finally complete, and Contractor is ready for a final inspection, Contractor shall so notify the City in writing.The City(or an independent consultant hired by City) will then make final inspection of the Construction Work and, if the Construction Work is complete in strict accordance with the Contract, and the Contract has been fully performed, then City will issue a Certificate for Final Payment, providing for payment of the remainder of the Contract Price, less any amount withheld pursuant to the Contract. 6. City shall make final payment of all remaining sums due to Contractor within thirty (30) days after Final Completion as reflected by City's Certificate for Final Payment,provided that all documents and deliverables required to be delivered to City under this Contract have been delivered as required, and provided that all other conditions precedent to payment have been satisfied. 7. Prior to being entitled to receive final payment, and as a condition precedent thereto, Contractor shall furnish City, in the form and manner required by the City, the following: (a) an Affidavit of Final Payment and Release, in particular certifying that all Subcontractors and Suppliers have been paid all sums lawfully due to them, and releasing City from all claims that Contractor had or might have asserted during the performance of this Contract; Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 14 (b) if required by City, separate releases of lien or lien waivers from each Subcontractor, lower tier subcontractor, laborer, Supplier or other person or entity who has, or might assert a claim against City or City's property; (c) consent of surety to final payment; (d) a complete set of the as-built drawings to include AutoCAD disks and the record set of Contract Documents; and (e) all product warranties, operating manuals, instruction manuals and other record documents, drawings and things customarily required of a Contractor, or expressly required herein,as a part of or prior to Project closeout. 8. Acceptance by Contractor of final payment shall constitute a waiver and release of all claims against City by.Contractor except for those claims previously made in writing against City by Contractor, pending at the time of final payment and specifically identified on Contractor's pay request for final payment as unsettled at the time it submits its pay request. ARTICLE 11 CITY'S DUTIES, OBLIGATIONS,AND RESPONSIBILITIES In addition to payment, City shall undertake to perform the following: 1. City shall provide Contractor with information regarding City's requirements for the Project including any desired or required design or construction schedule. 2. City shall review any documents submitted by Contractor requiring City's decision, and shall render any required decisions pertaining thereto. 3. In the event City knows of any material fault or defect in the Construction Work, nonconformance with the Contract, or of any errors, omissions or inconsistencies in the Design Documents,then City shall give prompt notice thereof in writing to Contractor. 4. City shall provide Contractor access to the Site and to the Construction Work, and shall provide Contractor with such information, existing and reasonably available,.necessary to Contractor's performance of the Contract as Contractor may request. 5. City shall cooperate with Contractor in securing any necessary licenses, permits, approvals or other necessary authorizations for the design,construction and certification of the Project. 6. City shall perform the duties set forth in this Article 11 in a reasonably expeditious fashion so as to permit the orderly and timely progress of Contractor's Design Services and of the Construction Work. 7. City's review, inspection, or approval of any Construction Work, Design Documents, Submittals, or pay requests by Contractor shall be solely for the purpose of determining whether such Construction Work, and such documents are generally consistent with City's construction program and requirements. No review, inspection, or approval by City of the Construction Work or documents shall relieve Contractor of its responsibility for the performance of its obligations under the Contract or the accuracy, adequacy, fitness, suitability, or coordination of its Design Services or the Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 15 Construction Work. Approval by any governmental or other regulatory agency or other governing body of any Construction Work, Design Documents, or Contract Documents shall not relieve Contractor of responsibility for the strict performance of its obligations under the Contract. Payment by City pursuant to the Contract shall not constitute a waiver of any of City's rights under the Contract or at law, and Contractor expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by City. 9. City's agreement not to exercise,or its delay or failure to exercise,any right under the Contract or to require strict compliance with any obligation of Contractor under the Contract shall not be a waiver of the right to exercise such right or to insist on such compliance at any other time or on any other occasion. • 10. City shall furnish to Contractor, prior to the execution of each Job Order, any and all written and tangible material knowingly in its possession concerning conditions below ground at the site of the Project.Such written and tangible material is furnished to Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, City does not represent, warrant, or guarantee its accuracy or completeness either in whole or in part, and shall have no liability therefore. If Contractor requests in writing, City shall also furnish surveys, legal limitations, and utility locations (if known), and a legal description of the Project site. 11. City shall obtain all easements required for construction, and shall pay for necessary assessments and charges required for use and occupancy of the Construction Work. Contractor shall render such assistance as City may request in obtaining such easements, certificates of occupancy, and the like. 12. In the event Contractor fails or refuses to perform the Construction Work in strict accordance with the Contract, or is otherwise in breach of this Contract in any way, City may, at its option, instruct Contractor to cease and desist from performing further Construction Work,or any part thereof. Upon receipt of such instruction from City in writing, Contractor shall immediately cease and desist as instructed by City and shall not proceed further until the cause for City's instructions has been corrected, no longer exists, or City instructs that the Construction Work may resume. 13. In the event City issues such instructions to stop Construction Work, and in the further event that Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance to City that the cause of such instructions will be eliminated or corrected, then City shall have the right to carry out the Construction Work with its own forces, or with the forces of other contractors, and Contractor shall be fully responsible for the costs incurred in correcting any defective or deficient Construction Work. The rights set forth in Article 11, Paragraph 11 and this Article 11, Paragraph 12 are in addition to, and without prejudice to, any other rights or remedies City may have against Contractor, including the rights to terminate or withhold payment as provided herein. ARTICLE 12 JOB ORDER(PROJECT) DOCUMENTATION 1. Contractor shall maintain and protect all records relating in any manner whatsoever to the Project (the "Project Records")for no less than four(4) years after Final Completion of the Project, and for any longer period of time as may be required by law or good management practice. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 16 2. All Project Records which are in the possession of Contractor or Contractors Subcontractors shall be made available to City for inspection and copying upon City's request at any time.Additionally,such records shall be made available upon request by City to any state, federal or other regulatory authorities, and any such authority may review, inspect and copy such records.The Project Records include, without limitation, all drawings, plans, specifications, Submittals, correspondence, logs, minutes, memoranda, photographs,tape or videotape recordings,or other writings or things which document the Project, its design, or its construction. Said records include those documents reflecting the cost of design and construction to Contractor. ARTICLE 13 PERSONNEL,SUBCONTRACTORS AND SUPPLIERS 1. A "Subcontractor"means an entity which has a direct contract with Contractor to perform a portion of the Construction Work or the Design Services. For purposes of the Contract, Subcontractors shall also include those furnishing any equipment and materials for the Project. 2. A "Supplier" means an entity providing only equipment or materials for the performance of the Construction Work. 3. Upon execution of this Contract,and at such later times as may be applicable,Contractor shall furnish City, in writing,the names of persons or entities proposed by Contractor to act as Subcontractors on the Project. Contractor shall provide such information regarding such proposed Subcontractors as City deems necessary. City shall promptly reply to Contractor, in writing, stating any objections City may have to such proposed Subcontractors. Contractor shall not enter into a subcontract with an intended Subcontractor with reference to whom City objects.Any consent or failure to reject by City shall in no way relieve Contractor of any of its duties or warranties under the Contract. 4. All subcontracts and purchase orders with Subcontractors shall afford Contractor rights against the Subcontractor which correspond to those rights afforded to City against Contractor under this Contract, including those rights of Contract suspension,.termination, and stop Construction Work orders as set forth in this Contract. It is expressly agreed that no relationship of agency,employment, contract,obligation or otherwise shall be created between City and any Subcontractor of Contractor, and a provision to this effect shall be inserted into all agreements between Contractor and its Subcontractors. 5. Should Contractor subcontract all or any part of the Construction Work, such subcontracting of the Construction Work shall not relieve Contractor from any liability or obligation under the Contract or under any applicable policy, law or regulation, and Contractor shall be responsible for all and any acts, defaults, omissions or negligence of its Subcontractors, Suppliers, and CONTRACTOR'S. 6. In accordance with Article 7, Paragraph 4 above, Contractor shall employ and assign only qualified and competent personnel to perform any service or task concerning the Project. Contractor shall designate one such person as the Project Contractor.Absent written instruction from Contractor to the contrary, the Project Contractor shall be deemed to be Contractor's authorized representative and shall be authorized to receive and accept any and all communications from City. Key design and Contract#2019005-09 Ace Asphalt of Arizona Inc. IOC Contract-Street Maintenance 17 supervisory personnel assigned by Contractor to each Job Order will be provided at the time the contractor submits the RFP pricing package. The contractor shall conform to all requirements established in each Job Order RFP issued by the City. 7. If, at any time during the course of the Project, City reasonably determines that the performance of any Subcontractor or any member of Contractor's staff construction working on the Project is unsatisfactory, City's Representative may require Contractor to remove such Subcontractor or staff member from the Project immediately and replace the staff member at no cost or penalty to City for delays or inefficiencies the change may cause. ARTICLE 14 CHANGES AND EXTENSIONS OF TIME 1. Changes in the Design Services(if required)or the Construction Work under this Contract, consisting of additions, deletions, revisions or any combination thereof, may be ordered unilaterally by City without invalidating the Contract.Such changes shall be communicated by Change Order, Field Order or supplemental agreement,as applicable. Contractor shall proceed diligently with any changes,and same shall be accomplished in strict accordance with the terms and conditions as set forth in this Contract/Job Order. 2. All change orders,changes requested by Contractor,or extensions of Contract Time occurring during construction of the Project related to actual Construction Work shall be governed by the applicable provisions of this Contract/Job Order. All requests for additional compensation due to a change in the scope, and all requests for an extension of time to the Schedule, shall include sufficient backup documentation to reasonably understand the request and the amount of time or compensation requested and determine the merits of the request. 3. Upon the occurrence of a change order for Construction Work which increases the Cost of the Construction Work,the Construction Price will thereafter include such Cost of the Construction Work and Services attributable to such change to the extent allowed. 4. In the event the parties are unable to agree on the terms of a Change Order or Supplemental Agreement, then Contractor shall continue to diligently perform the Work, including any change directed by City by Change Order or Supplemental Agreement, and shall keep thorough records of the cost of performance of such Change Order or Supplemental Agreement. 5. Contractor recognizes and accepts a fiduciary relationship of trust and confidence hereby established between Contractor and City and agrees that it shall at all times in good faith use its best efforts to advance City's interests and agrees to perform the Work in the highest professional manner. ARTICLE 15 CLAIMS BY CONTRACTOR 1. Claims by Contractor against City are subject to the terms and conditions of this Article 15,and strict compliance herewith shall be a condition precedent to any liability of City therefore. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 18 2. All claims for additional compensation or additional time, regardless of their nature, when they occur, or whether they occur during the design or construction phase, shall be governed by the City of Buckeye Procurement Code. 3. Contractor shall provide,and continue to provide,to City all such documentation, including cost and time records, as and when City may request so that City may evaluate Contractor's claim. 4. Contractor shall continue its performance under this Contract regardless of the existence of any claims submitted by Contractor against City. 5. In the event Contractor seeks to make a claim for an increase in the Construction Price,as a condition precedent to any liability of City for any claim;Contractor shall strictly comply with the requirements of Paragraph 2 above and such notice shall be given by Contractor before proceeding to execute any alleged additional or changed Construction Work. Failure of the condition precedent to occur shall constitute a waiver by Contractor of any claim. 6. In connection with any claim by Contractor against City for compensation in excess of the Construction Price, any liability of City shall be strictly limited to the Cost of the Construction Work and Design Services if required as defined and allowed in this Contract and subsequent Job Orders and shall in no event include, indirect, consequential, impact or other costs,expenses or damages of Contractor or its Subcontractors. City shall not be liable to Contractor for claims of third parties, including Subcontractors,for acts,omissions,events,or conditions for which City would not be liable to Contractor under the terms of the Contract. As a condition precedent to City's liability to Contractor for any loss or damage resulting from claims of third parties, including Subcontractors, such third parties must have complied with all conditions contained in their agreements with Contractor and such claims must have been submitted to City by Contractor in strict compliance with all the requirements of this Article. City shall not be liable to Contractor for claims of third parties including Subcontractors, unless and until the liability of Contractor has been established in a court of competent jurisdiction. 7. The resolution of any claim under this Article shall be reflected by a Change Order or Supplemental Agreement executed by City and Contractor. ARTICLE 16 UNCOVERING AND CORRECTING CONSTRUCTION WORK 1. If any of the Construction Work is covered, concealed or obscured contrary to the written request of City, or contrary to any provision of the Contract, said Construction Work shall, if required by City, be uncovered for inspection and shall be properly replaced at Contractor's expense without change in the Contract Time. 2. If any of the Construction Work is covered,concealed or obscured in a manner not inconsistent with Paragraph 1 above, it shall, if required by City, be uncovered for inspection. If such Construction Work conforms strictly with the Contract,the cost of uncovering and proper replacement shall be charged to City. If such Construction Work does not strictly conform to the Contract, Contractor shall pay the cost of uncovering and proper replacement. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 19 3. Contractor shall immediately proceed to correct Construction Work rejected by City as defective or failing to conform to the Contract. Contractor shall pay all costs and expenses associated with correcting such rejected Construction Work, including any additional testing and inspections made necessary thereby. 4. In addition to its warranty obligations set forth elsewhere herein, Contractor shall be specifically obligated to correct at its cost and expense any and all defective or nonconforming Construction Work for a period of twelve(12)months following Final Completion upon written direction from City. This obligation shall survive final payment by City and termination of the Contract. 5. Nothing contained in Paragraph 4 shall establish any period of limitation with respect to other obligations which Contractor has under the Contract. Establishment of the one-year time period in Paragraph 4 above relates only to the duty to Contractor to specifically correct the Construction Work. 6. City may, but shall in no event be required to, choose to accept defective or nonconforming Construction Work. In such event, the Contract Price shall be reduced by the reasonable costs of removing and correcting the defective or nonconforming Construction Work. City shall be entitled to a reduction in the Construction Price regardless of whether City has,in fact, removed and corrected such defective Construction Work. If the unpaid balance of the Construction Price, if any, is insufficient to compensate City for the acceptance of defective or nonconforming Construction Work, Contractor shall, upon written demand from City, pay City such additional compensation for accepting defective or nonconforming Construction Work. ARTICLE 17 SUSPENSION AND TERMINATION 1. City may for any reason whatsoever suspend performance under the Contract. City shall give written notice of such suspension to Contractor specifying when such suspension is to become effective. 2. From and upon the effective date of any Suspension ordered by City,Contractor shall incur no further expense or obligations in connection with this Contract, and Contractor shall cease its performance. Contractor shall also, at City's direction, either suspend or assign to City any of its open or outstanding subcontracts or purchase orders. 3. In the event City directs a suspension of performance under this Article 17, through no fault of Contractor, and provided Contractor submits a proper claim as provided in this Contract, City shall pay Contractor as full compensation for such suspension Contractor's reasonable costs, actually incurred and paid, of: (a) Demobilization and remobilization, including such costs paid to Subcontractors; (b) Preserving and protecting Construction Work in place; (c)Storage of materials or equipment purchased for the Project, including insurance Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 20 (d) Performing in a later, or during a longer,time frame than that contemplated by this contract. 4. If City lifts the suspension it shall do so in writing, and Contractor shall promptly resume performance of the Contract unless, prior to receiving the notice to resume, Contractor has exercised its right of termination as provided herein. 5. City reserves the right, for any reason whatsoever(including, but not limited to, the City's failure to appropriate funding for this Contract),or without reason,terminate performance under the Contract by Contractor for convenience. City shall give thirty (30) calendar days advance written notice of termination for convenience to Contractor. Contractor shall incur no further obligations in connection with the Contract and Contractor shall stop Work when such termination becomes effective. Contractor shall also, at City's direction, either terminate or assign to City outstanding orders and subcontracts. Contractor shall settle the liabilities and claims arising out of any terminated subcontracts and orders. City may direct Contractor to assign Contractor's right,title and interest under terminated orders or subcontracts to City or its designee. Contractor shall transfer title and deliver to City such completed or partially completed Design Documents (if any), Construction Work and materials, equipment, parts, fixtures, information and Contract rights as Contractor has. 6. When terminated for convenience, Contractor shall be compensated as follows: (a) Contractor shall submit a termination claim to City specifying the amounts believed to be due because of the termination for convenience together with costs, pricing or other data required by City. If Contractor fails to file a termination claim within three (3) months from the effective date of termination, City shall pay Contractor an amount derived in accordance with Subparagraph (c) below; (b) City and Contractor may agree to the compensation, if any, due to Contractor under this paragraph; (c) Absent agreement to the amount due to Contractor, City shall pay Contractor, as full compensation for termination for convenience,the following amounts: (i) the Cost of the Construction Work and Services, as defined and allowed by to the extent incurred or paid prior to receipt by Contractor of the notice of termination; (ii) such portion of Work which is completed and unpaid as of the date of receipt by Contractor of the notice of termination; and (iii) reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders hereinabove. These costs shall not include amounts paid in accordance with other provisions of this Contract. In no event shall Contractor be entitled to recover lost profits or other incidental or consequential damages from City on account of a termination for convenience, or an erroneous termination for cause as described below. 7. If Contractor does not perform the Construction Work, or any part thereof, in a timely manner, supply adequate labor,supervisory personnel or proper equipment or materials,or if it fails to timely discharge its obligations for labor, equipment and materials,or proceeds to disobey applicable laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise commits a violation of a material provision of the Contract, then City may by written notice to Contractor, without prejudice to any other right or remedy against Contractor or others, terminate Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 21 the performance of Contractor and take possession of the Project site and of all materials and equipment at the site and may finish the Construction Work by whatever methods it may deem expedient. In such cases, Contractor shall not be entitled to receive any further payment until the Construction Work is finished. 8. In the event the employment of Contractor is terminated by City for cause and it is subsequently determinedly a court or other tribunal of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under this Paragraph and the provisions of this Paragraph regarding compensation shall apply. ARTICLE 18 INDEMNITY 1.To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold City, its elected officials, officers, agents and employees, harmless for,from and against any and all claims, lawsuits, judgments, costs and expenses for personal injury(including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Contractor's breach of any of the terms or provisions of this Contract, or by any negligent, grossly negligent or strictly liable act or omission of Contractor, its officers, agents, or employees, in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of City, its elected officials, officers, agents, employees or separate contractors. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise,to any other person or entity. ARTICLE 19 INSURANCE AND BONDS 1. Concurrently with the execution of the Contract,the Contractor shall furnish the City of Buckeye a certificate of insurance on a standard insurance industry ACORD form. The ACORD form shall be issued by an insurance company authorized to transact business in the State of Arizona. 2. Contractor, Subcontractors and Suppliers shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. A. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. B. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees, subcontractors or subconsultants and Contractor is free to purchase such additional insurance as may be determined necessary. C. Minimum Scope and Limits Of Insurance. Contractor shall provide coverage at least as broad and with limits of liability not less than those stated below. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 22 (I) Commercial General Liability-Occurrence Form Policy shall include bodily injury, property damage, broad form contractual liability and XCU coverage. General Aggregate $2,000,000 Products-Completed Operations Aggregate $1,000,000 Personal &Advertising Injury $1,000,000 Each Occurrence $1,000,000 The policy shall be endorsed to include the following additional insured language: "The City of Buckeye shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor." (a) Automobile Liability- Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract Combined Single Limit(CSL) $1,000,000 The policy shall be endorsed to include the following additional insured language: "The City of Buckeye shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor" including automobiles owned, leased, hired or borrowed by the Contractor." (b) Workers Compensation and Employers Liability Workers Compensation Statutory Employers' Liability Each Accident $ 100,000 Disease-Each Employee $ 100,000 Disease-Policy Limit $ 500,000 The policy shall contain a waiver of subrogation against the City of Buckeye. (c) Professional Liability Each Claim $1,000,000 Annual Aggregate $2,000,000 (i) The required professional liability coverage must cover work done or to be done or on the behalf of the Contractor. (ii) In the event that professional liability insurance required by this Contract is written on a "claims made" basis, coverage shall be maintained for two years past completion and acceptance of the Work or services required by this Contract. (iii) Should any Job Order include the services of design as an integral part of the work, any professional liability shall specifically delete any design-build or similar exclusions that could compromise coverage's because of the design-build delivery of the Project. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 23 (d) Umbrella/Excess Liability: Umbrella/Excess Liability insurance with a limit of not less than$5,000,000 per occurrence combined limit Bodily Injury and Property Damage, that "follows form" and applies in excess of the Commercial General Liability, Automobile Liability, and Employer's Liability, as required above. (e) Additional Insurance Requirements. The policies shall include, or be endorsed to include, the following provisions: (i) On insurance policies where the City of Buckeye is named as an additional insured, the City of Buckeye shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. (ii) The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources. (iii) Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract. (f) Subconsultant's and Subcontractor's Insurance. Contractor's certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence/$2,000,000 aggregate. All coverage's for subcontractors and subconsultants shall be appropriate to cover all of its work performed herein. (g) Notice Of Cancellation. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given, by certified mail, return receipt requested to: Tammy D.Vogel Contract Administrator City of Buckeye 530 East Monroe Avenue Buckeye,Arizona 85326 (h) Acceptability Of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with an A. M. Best's rating of no less than A-.The City in no way warrants that the above required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. (i) Verification of Coverage: (i) Contractor shall furnish the City Certificates of Insurance (ACORD form or equivalent approved by the City) and with original endorsements effecting coverage as required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverages shall be clearly noted on the certificate of insurance. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 24 (ii) All certificates and endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to the earlier of commencement of work under this Contract or the signing of this Contract and remain in effect for the duration of the Project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract. (iii) All certificates of insurance required by this Contract shall be sent directly to the City of Buckeye, Contract Administrator. The contract number and project description shall be included on the Certificates of Insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract, at any time. (j) Approval. Any modification or variation from the insurance requirements in this Contract shall be approved by the City, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. (k) Bonds and Other Performance Security. Contractor shall provide the following performance bond and labor and material payment bond: (i) Prior to execution of this Contract,the Contractor must provide a performance bond and a labor and materials bond, each in an amount equal to the amount of initial Contract Price designated for construction services set forth in each Job Order. (ii) Each such bond shall be executed by a surety company or companies holding a Certificate of Authority to transact surety business in the State of Arizona, issued by the City of the Arizona Department of Insurance. A copy of the Certificate of Authority shall accompany the bonds. The Certificate shall have been issued or updated within two years prior to the execution of the Contract. (I) The bonds shall be made payable and acceptable to the City of Buckeye. (m) The bonds shall be written or countersigned by an authorized representative of the surety who is either'a resident of the state of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of Power of Attorney of the signing official. If one Power of Attorney is submitted, it shall be for twice the total Contract amount. If two Powers of Attorney are submitted, each shall be for the total Contract amount. Personal or individual bonds are not acceptable. (n) Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. (o) All bonds submitted for this project shall be provided by a company which has been rated "A- or better" by the A.M. Best Company. 3. Approval, disapproval or failure to act by City regarding any insurance supplied by Contractor or its Subcontractors shall not relieve Contractor of full responsibility or liability for damages, errors, omissions or Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 25 accidents as set forth in this Contract. Neither the bankruptcy or insolvency of Contractor's insurer nor any denial of liability by Contractor's insurer shall exonerate Contractor from the liability or responsibility of Contractor set forth in this Contract. ARTICLE 20 CANCELLATION UNDER A.R.S. § 38-511 1. This Contract may be cancelled pursuant to the terms of Arizona Revised Statutes Section 38-511, as Amended. ARTICLE 21 GIFT TO PUBLIC SERVANT 1. City may terminate this Contract immediately if Contractor has offered, conferred, or agreed to confer any benefit upon a City of Buckeye employee or official that the City of Buckeye employee or official is prohibited by law from accepting. 2. For purposes of this section, "benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage,including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. 3. Notwithstanding any other legal remedies, City may require Contractor to remove any employee of Contractor from the Project who has violated the restrictions of this section or any similar state or federal law, and obtain reimbursement for any expenditures made to Contractor as a result of the improper offer, agreement to confer, or conferring of a benefit to a City employee or official. ARTICLE 22 NONDISCRIMINATION 1. As a condition of this Contract, Contractor covenants that Contractor will take all necessary actions to insure that, in connection with any work under this Contract, Contractor, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. Contractor shall also comply with all applicable requirements of the Americans with Disabilities Act,42 U.S.C.A.§§12101- 12213, as amended. In this regard, Contractor shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 2. Subject to existing law,and regulations, illegal or undocumented persons will not be employed by the Contractor for any work or services to be performed pursuant to this contract. The Contractor will ensure that this provision is expressly incorporated into any and all subcontracts or subordinate agreements issued in support of this contract. Contractor shall notify the City upon the selection and agreement with any sub-contractor, and shall notify the City prior to any subcontractor being on site doing work. Contractor agrees to comply with the provisions of section 274A(a)(1)(A)and 274A(a)(2) of Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 26 the Immigration and Nationality Act (8 U.S.C.1324a(a)(1)(A), 1324a(a)(2)) (the "INA employment provisions"), and any amendments thereto, .prohibiting the unlawful employment of illegal or undocumented persons. Under the terms of this agreement, the Contractor shall not knowingly hire or employ for any work performed pursuant to this contract any workers or employees not lawfully authorized to work in the United States under the provisions of the Immigration and Nationality Act or any other applicable federal or state laws. Violation of the provisions of this Article 22 shall be deemed a material breach of this Contract. ARTICLE 23 MISCELLANEOUS PROVISIONS 1. This Contract shall be governed by the laws and court decisions of the State of Arizona.This Contract is performed in Maricopa County, Arizona, and exclusive venue for the enforcement of rights or legal obligations under this Contract shall be in Maricopa County, Arizona. 2. This Contract shall be binding upon and inure to the benefit of the parties to this Contract and their respective successors and, except as otherwise provided in this Contract, their assigns. 3. Contractor shall not assign this Contract, or any part of this Contract, without prior written consent of City. 4. All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five days after mailing. If intended for City,to: Tammy Vogel Contract Administrator City of Buckeye 530 E. Monroe Ave. Buckeye,Arizona 85326 Phone: 623.349.6175 Tvogel@buckeyeaz.gov If intended for Contractor, to: Ace Asphalt of Arizona, Inc. Attn: Mike Jensen 3030 S. 7th Street Phoenix,AZ 85009 Phone: 602 697 6596 Email:jensenM@Aceasphalt.com Email: Shawlerj@aceasphalt.com 5. No information relative to the existence or the details of the Design Services or the Construction Work shall be released by Contractor, either before or after completion of the Project, for publication, advertising or any commercial purposes without City's prior written consent. Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 27 6. In the event that any portion or any portions of this Contract are held to be unenforceable by a court of competent jurisdiction, then the remainder of this Contract shall be enforced as though such portions had not been included, unless to do so would cause this Contract to fail of its essential purposes. 7. This Contract,with all Exhibits and incorporated or referenced attachments,and any Job Order,together with Contractor's and Surety's performance and payment bonds for the Project, constitute the entire and exclusive agreement between City and Contractor with reference to the Project. This Contract supersedes any and all prior documents,discussions,communications, representations, understandings, negotiations or agreements by and between the parties. 8. If the City Council does not appropriate funds to continue this Contract or any Job Order into a subsequent fiscal year, and pay for charges hereunder or under any current Job Order for a Project that extends into a new fiscal year, the City may terminate this Contract at the end of the current fiscal period, or at the time that funds are no longer available to meet the City's payment obligations hereunder. The City agrees to give written notice of termination to the Contractor at least thirty(30) days prior to any termination for a lack of funds and will pay to the Contractor all approved charges incurred prior to Contractor's receipt of such notice, subject to the availability of funds therefore. 9 Caopera:t ve Pairclaa sing-Specific eligible political subdivisions and nonprofit educational Or health institutions("Eligible Procurement Unit(s)")are permitted to utilize procurement agreements developed by the City, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The City assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The City shall not be responsible for any disputes arising out of transactions made by others. 10. Register in the City of Buckeye Vendor portal at https://selfservice.buckeyeaz.gov/MSS. The Vendor registration allows the City to process purchase orders, contracts and invoices According to the profile and W-9 information submitted by the Contractor. 11. Pursuant to Arizona Revised Statute § 35-393.01, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of Israel, or any entity that does business in Israel or any territories controlled by Israel. ARTICLE 24 E-VERIFY 1. E-Verify Requirements. To the extent applicable under Arizona Revised Statute § 41-4401, 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 Arizona Revised Statute § 23-214(A). The Contractor or subcontractor's breach of the above-mentioned warranty shall be deemed a material breach of the Contract and may result in the termination of the Contract H2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 28 Contract by the City of Buckeye. The City of Buckeye retains the legal right to randomly inspect the papers and records of the Contractor or subcontractor employee who work on the Contract to ensure that the Contractor and its subcontractors are complying with the above-mentioned warranty. 2. The Contractor and its subcontractors warrant to keep the papers and records open for random inspection during normal business hours by the City. The Contractor and its subcontractors shall cooperate with City's random inspections including granting the City's entry rights onto its property to perform the random inspections and waiving their respective rights to keep such papers and records confidential. [Signature Page to Follow] Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 29 "City" CITY OF BUCKEYE,ARIZONA, an Arizona municipal corporation Jackie A. Meck, Mayor ATTEST: ite-4;40,-414- Lucinda Aja, City Clerk APPROVED AS TO FORM: RECOMMENDED: Shie& 8, Schmidt- C4 illia&iif City Attorney Christopher A. Williams, Manager Construction &Contracting Division ACKNOWLEDGEMENT STATE OF ARIZONA ) County of Maricopa ) On this Oth day of AU., ,C711.0. , 2019, before me personally appeared Jackie A. Meck,the Mayor of the CITY OF BUCKE ,an Arizona municipal corporation,whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he or she signed the l above/attached document. (Affix notary seal here) ,pitMeateri4e Tiet&Zrt . Summer Stewart Notary Public Notary Public !:) Maricopa County,Arizone ( ?• My Comm.Expires 05-11-22 Commission No.331711 Contract#2019005-09 Ace Asphalt of Arizona Inc. IOC Contract-Street Maintenance 30 Adobe Sign Transaction Number:CBJCHBCAABAASsxbhhT9g1Lt31BEjdow2YdLGTkrNTVQ "Contractor" } By: Ace Asphalt of Arizona, Inc. - i Name: L. Kevin Gaston Title:. General Manager ACKNOWLEDGEMENT • STATE OF ARIZONA ) ) County of Maricopa ) On this 10th day of July , 2019, before me personally appeared L. Kevin Cigon ,whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. (Affix notary seal here) V�v . ' SANDRA J HARTLEY / _ 3 9. NotaryPublic--Arizona Notary Public Maricopao55G&48 County N Commiacion Exp..Oct:3,2022 4' Contract 02019005-09Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 31 EXHIBIT A TO JOB ORDER CONTRACT FOR STREET MAINTENANCE BETWEEN CITY OF BUCKEYE AND ACE ASPHALT OF ARIZONA INC. [CONTRACTOR'S PROPOSAL] SEE FOLLOWING PAGES • Contract#2019005-09 Ace Asphalt of Arizona Inc. JOC Contract-Street Maintenance 32 Tab A. Project Experience Project Name: Paradise Valley Unified School District -2018 (various sites) Scope of Work: Large scale pavement maintenance completed for public entity: Slurry Seal, PMM, Paving, Patching, Crack Fill, Micro Seal, Pulverize, Grade, Paving, ADA compliance,Asphalt Milling, Striping and Pavement Marking. Description: Utilizing our awarded 1GPA Cooperative JOC contract, Ace Asphalt completed asphalt maintenance work on 34 school parking lots and facility operations lots. Ace Asphalt successfully completed the scope of services defined in the City of Buckeye Street Maintenance Technical Specifications Manual. (see above "scope of work") Date Completed: 12/2018 Total Cost: $2,117,166.00 Staff: Account Manager: Mike Jensen Estimator: Jeff Goldberg, Dan Meyers Heavy Project Manager: Mike Oliver Superintendents: Drew Bartinelli, Glen Riforgiate Quality Control Manager: Ray Cauiola Subcontractors: National Barricade Company Tab A. Project Experience Project Name: Mesa Public Schools District Wide Projects Scope of Work: Asphalt Milling, Demo/Haul, Pulverize, Grading/Paving, Concrete Repairs, Utility Adjustments,Testing, Striping,Traffic Control. Description: Utilizing our awarded Mohave Educational Services Co-Operative JOC contract, this project consisted of asphalt repairs for 24 Mesa Public School District sites. Ace Asphalt successfully completed the scope of services defined in the City of Buckeye Street Maintenance Technical Specifications Manual. (see above "scope of work") Date Completed: 12/2018 Total Cost: $2,600,518.00 Staff: Account Manager: Mike Jensen— Designated manager of this project. Main point of contact for all aspects of the projects. Estimator:Jeff Goldberg, Dan Meyers—Evaluated bid specifications/plans, prepared pricing, aerials, photos and worked closely with sub-contractors.and Project Manager for cost and scope evaluation. Superintendent: Glen Riforgiate, Drew Bartinelli—Responsible for the daily work schedules for field crews including controlling production costs and crew time sheets.Tracked all site operations daily. Worked closely with clients and subcontractors. Project Manager: Mike Oliver—Ran all the projects on a day-to-day basis. Ensured the project produces the required deliverables of quality defined within the scope of work. QC Manager: Ray Cauiola- Monitored and controlled project safety, quality, direct costs, schedules, and ensured project built to quality standards adhering to government regulations and within expected time frame. Subcontractors: National Barricade Company, BarricadinRicker, Atkinson, McBee, Morman- (RAMM)Testing Tab A. Project Experience Project Name: City of Tempe, Various City Parking lots, Residential Streets Scope of Work: Crack Seal, Sealcoating,Asphalt Repairs, Slurry Seal, Micro Seal, Milling, Paving, Utility Adjustments, Striping, Speed Bumps. Description: Large scale pavement maintenance projects utilizing the Ace Asphalt awarded Mohave Educational Services Cooperative JOC Contract, to provide various asphalt/concrete maintenance services to the parking lots throughout the City of Tempe.This included commercial and municipal parking lots, residential neighborhoods and city streets. Date Completed: 08/2018 Total Cost: $1,757,241.00 Staff: Project Manager/Quality Control Manager: Ray Cauiola Superintendent: Drew Bartinelli, Gino Martinez Account Manager: Mike Jensen Estimator:Jeff Goldberg Subcontractors: National Barricade Company Tab A. Project Experience Project Name: Maricopa Community Colleges District Wide Pavement Maintenance 2017 (various campuses) Scope of Work: Crack Seal, Seal Coating, Slurry Seal, Micro Surfacing, Asphalt Patching and Repairs, Concrete, Demo/Haul, Milling, Pulverizing, Place ABC, Grading. Description: Asphalt pavement repair/replacement, micro-surfacing, installing new signs, posts, and wheel stops, pavement striping/marking, curb replacement, crack sealing, marking, stenciling, and fire lane painting at various parking lots and roadways at various campuses. Date Completed: 08/2017 Total Cost: $650,000.00 Staff: Account Manager: Mike Jensen Project Manager: Tad Peters Superintendent: Drew Bartinelli, Gino Martinez Estimator:Jeff Goldberg Quality Control Manager: Ray Cauiola Subcontractors: National Barricade Company, Ricker, Atkinson, McBee, Morman (RAMM Testing). Tab A. Project Experience Project Name: Maricopa Community Colleges District Wide Pavement Maintenance 2018 (various campuses) Scope of Work: Crack Seal, Seal Coating, Slurry Seal, Micro Surfacing, Asphalt Patching and Repairs, Concrete, Demo/Haul, Milling, Pulverizing, Cement Stabilization of Soil, Place ABC, Grading, Pave and Striping/Signage. Description: • Asphalt pavement repair/replacement, micro-surfacing, installing new signs, posts, and wheel stops, pavement striping/marking, curb replacement, crack sealing, and placing of soil cement in areas determined necessary, marking, stenciling, and fire lane painting at various parking lots and roadways at various campuses. Date Completed: 08/2018 Total Cost: $1,757,241.00 Staff: Account Manager: Mike Jensen Project Manager: Tad Peters Superintendent: Drew Bartinelli, Gino Martinez Estimator:Jeff Goldberg Quality Control Manager: Ray Cauiola Subcontractors: National Barricade Company, Ricker,Atkinson, McBee, Morman (RAMM Testing), Palo Verde Constructors (lime soil stabilization). Tab A.Project Experience Project Name:Town of Guadalupe, Quadrant III Pavement Replacement Scope of Work: Full Depth Mill, Subgrade prep, ABC Installation, Concrete (sidewalk, curbs, Gutter), Pave, Utility/Monu- ment Adjustments, Striping. Description: The project consists of reconstructing roadway pavement by providing complete asphaltic concrete pavement replacement and aggregate base course placement of approximately 9,970 total square yards on Calles Tomi and Mexico as depicted in the Phase V plans within the Town of Guadalupe. Date Completed: 03/2019 Total Cost: $472,671.00 Staff: Account Manager: Mike Jensen Estimator: Dan Meyer Project Manager: Mike Oliver Superintendent: Glen Riforgiate, Drew Bartinelli • Quality Control Manager: Ray Cauiola Subcontractors: National Barricade Company TAB B-PAST PERFORMANCE QUESTIONNAIRE CITY OF TEMPE TAB B-PAST PERFORMANCE QUESTIONNAIRE. MESA PUBLIC SCHOOL DISTRICT TAB B-PAST PERFORMANCE QUESTIONNAIRE PARADISE VALLEY UNIFIED SCHOOL DISTRICT TAB B-PAST PERFORMANCE QUESTIONNAIRE TOWN OF GUADALUPE Tab B-PAST PERFORMANCE QUESTIONNAIRE MESA PUBLIC SCHOOL DISTRICT TAB B-PAST PERFORMANCE QUESTIONNAIRE MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT-2017 TAB B-PAST PERFORMANCE QUESTIONNAIRE MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT-2018 Ace Asphalt Organization Chart Scott Phillips President Kevin Gaston General Manager Mike Jensen Justin Shawler Public Works JOC Account Manager Account Manager JOC Estimator Ray Cauiola Tad Peters Jeff Goldberg Dan Meyer Mike Oliver Tom Tuttle Project Manager: — — Project Manager Public Works Estimator Estimator Sr. ProjectManager ProjectManager Quality Control Manager, 9 9 LGino Martinez _ Marcelino Torres _ Glen Riforgiatet _ Drew Bartinelli ._] Superintendent Superintendent Superintendent. Superintendent 1 tf, ,,Il DAN MEYER . Title: Public Works Estimator Joined the Team . i •. i Dan started his career in the construction industry at Ace Asphalt in 2003. He joined the team as a CE tech where he learned how to read project requirements, and use software to calculate construction costs. Lt u He has been instrumental in bidding Public Works projects. > 0 w Ace Asphalt of Arizona, Inc.—Estimator 0 2006—Current Z Lu c Ace Asphalt of Arizona, Inc.—CE Tech a- 2003-2006 >: w • Prepares construction budget by evaluating plans; updating specifications; identifying and projecting costs for each elevation. • Evaluates offers to purchase by costing changes, additions, and site requirements. • Obtains bids from clients and subcontractors by specifying materials; identifying qualified subcontractors; negotiating price. • Maintains cost keys and price masters by updating information. • Resolves cost discrepancies by collecting and analyzing information. • Prepares special reports by collecting, analyzing, and summarizing information and trends. z • Maintains quality service by following plan specifications. 2 • Maintains continuity among corporate, division, and local work teams by vdocumenting and communicating actions, irregularities, and continuing needs. • Provides clear detailed quantity take offs. • Provide and maintain unit pricing and database for material and labor w costing. rr • Insures site personnel are provided with proper documentation related to 0 all projects. • Provides and maintains unit pricing and a database for material and labor costs. • Completes budgeting and scheduling for projects and tracks, monitor progress, change order and identifies any potential risks. r DREW BARTINELLI Title: Superintendent ;iI; L Joined the Team , 1,) . - , ' 1. - Drew came to Ace with over 20 years' experience in the asphalt paving industry. With his keen knowledge of how projects are to be executed he j is able to improve productivity on the production crew and ensure that Li customers receive quality workmanship. 0 w Ace Asphalt of Arizona, Inc.-Superintendent C.) 2017-Current Z LU cr Sunland Asphalt- Paving Supervisor w X 2013-2017 w Achen Gardner-Paving Supervisor 1997-2013 • Review products, processes and systems on an ongoing basis to determine where improvements can be made. c) • Oversees the product testing process to ensure quality. Q • Actively participates in production meetings with the production team. • Strong knowledge of calibration and plans and specifications. `j • Developed strong relationships with City, County and State Inspectors. LL.. • Developed quality control plan to analyze and solve problems, prepared procedures and preformed audits to comply with State/City guidelines. CJ' • Ensures incoming raw materials, components or supplies meet agreed w standards by carrying out routine inspections and rejecting unsuitable cs items.Also performs a wide range of controlled tests on products at 0 various stages of the project. Tests include visual inspection or non-destructive testing to determine conformance with the product's specification. - ► . GLEN RIFORGIATET Title: General Superintendent 1 Joined the Team • Glen has been a dedicated Ace Employee for 38 years. Glen aims to wprovide the highest possible standard of quality service in the construction industry, giving our clients the best satisfaction possible. His expertise in all phases of construction from ground up to yearly maintenance projects is exceptional. LLJ u Ace Asphalt of Arizona, Inc. —General Superintendent w 1981 - Current EL LU a. x LLI • Over 38 years in the construction industry. • Manages field staff: Foreman and site leads. • Ensure safety standards per company Best Practices and OSHA standards are implemented at job-sites and that on-site leadership is enforcing it. • Coordinates and schedules labor assignments for each week's projects &tasks according to Project Schedules via the Field Leaders and zProject Managers. O • Oversees and implements project quality standards for the project Uensuring Best Practice Systems are being upheld. - • Superintendent& Foreman Training. 7 • Safety& Equipment Inspections • Coordinate and oversee sub-contractor awareness and expectations of a job-sites. LU • Implement, monitor, benchmark and enforce standards of production Q for self-performed work to ensure field personnel are operating c.� efficiently& effectively. • Communicate to Estimating Team, Project Managers, and others of opportunities or issues in regards to production, technology, and budgets. a JEFF GOLDBERG A ` A- v -,.. Title: Public Works Estimator it r Joined the Team r ... Jeff has years of proven experience as an estimator with similar contractors across the valley. He has In-depth understanding of construction procedures and material and project management principles.Jeff has first LLJ experience in estimating/bidding of federal, state and city projects. > C> Ace Asphalt of Arizona, Inc.- Public Works Estimator 2018-Current w 0 Sunland Asphalt—Production Manager uJ 2016-2018 cr w r__ Ledcore, CMI—Project Manager W 2014-2016 Ace Asphalt of Arizona, Inc.- Project Manager/Estimator 2000-2014 •Managed the entire estimating process for all construction projects 'Reviewed all ITB's, assigned and scheduled all new contracts to estimators z & C.E.Techs. O •Formulated construction activities for each job managed Project < Management. j •Oversee the daily production of all projects in the division, including its -= organization, planning and scheduling. c •Ensured all projects are completed on schedule, within budget and meet O' customer's expectations. Lii •Estimating and procuring projects & managing for maximum quality and O profit. •Procuring jobs & managing for maximum quality& profit, while maintaining the integrity of the customer relationship. w, `' "" , ` JUSTIN SHAWLER �` " Title: Public Works JOC/Account Manager i . Certified in Contract Management 2017 illir Sin MIN ' Joined the Team \Si • ifs" _ Justin has over eleven years of experience in the asphalt and concrete w industry. His previous roles where with similar asphalt contractors where he contributed in estimating and business development.Justin has also Er. worked closely with asphalt suppliers where he has learned the Qproduction, composition and behavior of asphalt products. Ace Asphalt of Arizona, Inc.- Public Works Account Manager 2019- Current Seal Master, Pavement Products & Equipment, Division Manager U 2017—2019 ill wff Sunland Asphalt- Business Development Manager,JOC Specialist 2012-2017 >< L,J D&O Contractors—Division Asphalt Manager 2011 —2012 Cactus Asphalt—Public Works Division Manager 2008—2011 0 • Extensive account management experience. ® • Excellent record in maximizing business value through comparable service j solution sales. v • Evaluates projects and prepares detailed estimates/bids in accordance CE with the scope of work, performing quality take-offs, scheduling, Q manpower, equipment requirements, and subcontractors. • Managed multiple simultaneous projects with high efficiency and u accuracy. O Proficient in obtaining firm quotes for material suppliers, equipment and U subcontractors. • Conducts bid review meetings with Estimators, Project Managers and upper management to finalize bid markups and strategies. a - vo, MI ARC E LI N O TO R R ES • _ - III Title: Superintendent Joined the Team ,v4, , — Marcellino has been with Ace Asphalt of Arizona, Inc., for 19 years. His main focus is to supervise projects throughout the entire duration, LJ effectively and efficiently. • LJ Ace Asphalt of Arizona, Inc.—Superintendent 2000- Current w a. •Provides oversight on-site for daily scheduling and other site requirements, including production tracking. 'Ensures that the level of safety quality standards of site cleanliness is being followed by on-site crews. •Identifies deadlines for each on-site phase and assesses the work activity to meet the intended time frames for cost efficiency. 'Assesses the quality level of work for all production staff on a daily basis. Uy •Reviewed and analyzed site plans and blueprints in order to monitor and ensure compliance with plan specifications. •Controlled production costs through review and approval of time U sheets, production and service invoices, delivery, and inspection sheets. Monitored and tracked costs to avoid overruns. < 'Conducted pre-construction and pre-settlement meetings with home buyers. Resolved customer service issues and production problems L� during construction phase to maintain customer satisfaction. r) •Demonstrated high work ethics and quality control. 0 •Performed construction site pre-inspections and coordinated post-construction audits. MIKE JENSEN Vat s Title: Public Works JOC/Account Manager Holds ROC Licenses in New Mexico and Las Vegas Joined the Team • Mike is a highly focused and detail-oriented Account Manager with an exceptional record of client service. Mike is proficient at ensuring that full knowledge of all aspects necessary to retain and win projects is fj exceptional. C Ace Asphalt of Arizona, Inc.- Public Works Account Manager 1994-Current c-) Flagstaff Home Builders, LLC—Owner 1980-1994 LU 0 w • Director of JOC compliance and contract administration. • Complete knowledge of the components and processes of state and government contracting including; contract life cycle, subcontracting, outsourcing, developing strategic alliances, negotiation, financial analysis and implementation. • Awareness of legal, risk and ethical issues related to procurement. • Proficient in evaluating projects, preparing detailed estimates/bids in accordance with the scope of work by performing quality take-offs, scheduling, labor, equipment requirements and subcontractors. to • Comprehensive knowledge of asphalt materials and applications. G� • Analyzed plans and specifications for deciding materials, calculating time and cost of projects. U • Drafted construction reports and quality control plans. LI • Maintained relationship with clients, subcontractors, and staff. • Excelled in managing multiple simultaneous projects with high efficiency a and accuracy. LLI • Excellent record in maximizing business value through comparable service 0 solution sales. C3 • Evaluates projects and prepares detailed estimates/bids in accordance with the scope of work, performing quality take-offs, scheduling, manpower, equipment requirements, and subcontractors. • Proficient in obtaining firm quotes for material suppliers, equipment and subcontractors. • Conducts bid review meetings with Estimators, Project Managers and upper management to finalize bid markups and strategies. MIKE OLIVER Title: Sr. Project Manager 11111 Joined the Team li Mike Olivers' background in Project Management is instrumental to Ace Asphalt. No matter how large or demanding projects are, Mike is someone who will reliably and consistently maintain efficiency and productivity on u any project. Mike possesses the experience with the right vision, the right skills to face the biggest challenges and ensure projects are completed successfully and according to schedule. Ace Asphalt of Arizona, Inc. —Sr. Project Manager 2018-Current z u Sunland Asphalt— Project Manager 2014—2018 x uJ Ace Asphalt of Arizona, Inc.—Project Manager 2004-2014 •Over 19 years' experience in project management including management of issues, risks and project change requests to ensure successful and on-time project delivery. • Ran numerous projects on a day-to-day basis. Verified that the project cn produces the required deliverables of quality, within the specified 0 constraints of time and cost and to achieve the potential benefits defined FL- in the scope of work. U • Provided on-site leadership for the project team by building and motivating LL team members to meet project goals, adhering to their responsibilities and project costs. C> • Managed all aspects of multiple related projects to ensure the overall n program is aligned to and directly supports the achievement of strategic Uobjectives defined in the initial scope of work. • Managed project scope and changes. • Acted as an internal quality control check for projects. • Managed ongoing quality control and participated in quality issue resolution. • Assist in dispute, negotiation, arbitration or litigation, as needed. • Coached, mentored, motivated and supervised projects and program team. Y. 1 `' b: - — -_ TAD PETERS t. .4.1 . . , r" - - , I Title: Project Manager i" iv ki t j l 1 ` ',' , ,,` q_ li-1 -1 y' ., ,d Joined the Team • ;.,,t7kt Jf a \, • -ii if'. : • �t� ! - , �,..:.i.- ,-.- -I k � 1 i Tad moved to Arizona seven years ago to join our team here at Ace � Asphalt. With his experience working in the field and hands on, he fit right into our Ace structure. His proficiency in handling simultaneous projects Lil and meeting deadlines effectively is superb. - 0 Ace Asphalt of Arizona, Inc.—Project Manager 2012- Current w zMacedon Excavating, New York City, Project Manager w 2000—2012 0- •Reviewed and prepared contracts, permits, drafts, cost estimates and w insurance. 'Allocated necessary project resources including subcontractors, suppliers and company labor. •Ensured projects were executed according to approved time, cost estimates and quality. •Created and developed a comparison system of company's subcontractors. •Provided direction to personnel responsible for project execution, equipment, and transportation. G 'Supervised, coached and monitored project team. 0 'Initiated and maintained relationships with clients and subcontractors. Q •Executed the projects and services consistent with the quality and safety 0 objectives. • •Managed all construction activities following project approvals and D coordinated work with Property Management to include phasing, staging 0' and site logistics. Lu •Develop and maintain contractor relationships in order to support bid C) solicitation, review and award of contracts. •Developed scope of work (SOW) and other related contract documents •Reviewed and analyzed blueprints and specifications to determine project requirements and to prepare various estimates. •Provided value engineering recommendations to achieve budget objectives •Responsible for code compliance including successful completion of inspections. 1 IIIIIIIIar I liti i '; I r wi_ TOM TUTTLE 1 11 _ i Title:Superintendent s,:' Joined the Team 4 Tom has been a dedicated employee for over 20 years. He has supervised ucrews to perform all grading, paving, milling and wet utility installation operations while managing a tight control on project budget and GMP w estimating. 0 Li I Ace Asphalt of Arizona, Inc.— Project Manager ry 1991 —Current UJ LLI Markham Construction- Paving/Grading Manager ra_ 1980-1991 u.! • Managed all construction project activities following project approvals and coordinated work with clients to include phasing, staging and site logistics. • Developed and maintain contractor relationships in order to support bid solicitation, review and award of contracts. • Developed scope of work (SOW) and other related contract documents. • Reviewed and analyzed plans and specifications to determine project requirements and to prepare various estimates. • Provided value engineering recommendations to achieve budget i2 objectives. 0 • Responsible for code compliance including successful completion of inspections. �' • Coordinated construction activities to facilitate client and facility 73 operations. • Consistently prioritized tasks in order to ensure successful delivery of Q' quality projects on time and within budget. w • Prepared and maintained construction schedules working with field Q operations to ensure timely completion of projects. v • Ensured the timely close-out of projects including completion of punch list and final submission of all close-out documents. • Managed multiple projects at once. • Managed assigned projects including project schedules, contractor coordination and material scheduling. • Worked with architects, draftsman, and local Planning &Zoning departments to ensure project permit approval. alkZA GINO MARTINEZ ion Title: Superintendent e i�} z^� �� ► 4 Joined the Team f � i £ Gino has been with Ace Asphalt of Arizona, Inc., for 28 years. His hands- on- experience in the field has made him a key player within the • company. With his day-to-day operations on construction sites, Gino ensures his responsibilities are paramount to the success of the project. His keen attention to detail and the ability to effectively communicate are an asset to the team. u Ace Asphalt of Arizona, Inc.—Superintendent 1995-Current • Ace Asphalt of Arizona, Inc.— Project Manager 1991 —1995 Li. • Coordinated employees and subcontractors, tracking projects, keeping them on schedule and on budget. • Ensured quality control and customer satisfaction by working closely with customers, sales staff, design center and subcontractors to guarantee work performed met expectations of our clients. Go • Worked with local city and state officials to obtain building inspections. • Performed final walk-through with customers, and provided detailed information on warranty services. (.5 • Budgeted time requirements to complete each phase of construction to meet completion deadlines. • Supervised and monitored work of subcontractors to ensure accuracy and CY completion of work. al • Reviewed and analyzed site plans and blueprints to order to monitor an Er.: ensure compliance with plan specifications. 0 • Controlled production costs through review and approval of crew time sheets, production and service delivery inspection sheets. Monitored and tracked costs to avoid overruns. • Acted as a liaison between operations, subcontractors and in-house staff. I RAY CAU I O LA xi Title: Sr. Project Manager Contractor's license in New Mexico and Las Vegas, NV iii . : Joined the Team , :._ . . • Ill fi l Ray Cauiola has been with Ace Asphalt for 19 years. With his experience in Project Management and Production, Ray has been instrumental to the -�. success of Ace Asphalt in Arizona, as well as in New Mexico. LLI V Ace Asphalt of Arizona, Inc.—Sr. Project Manager 2018-Current LIJ 0 Z. Ace Asphalt of New Mexico—Project Manager w 7 2014-2016 LUU 0_ Ace Asphalt of Arizona, Inc.— Division Manager Coatings w 2001 -2014 • Over 19 years' experience in project management including management of issues, risks and project change requests to ensure successful and on-time project delivery. • Ensured customer satisfaction from the early design stages through completion of the construction project. • Worked with architects, draftsman, and local Planning &Zoning GOdepartments to ensure project permit approval. • Monitored budget and time project demands due to accurate 0 development of project scope, budget, and scheduling to establish 0 operational priorities while maintaining positive relationships with clients, LT crew, office staff and subcontractors. • Successfully managed between one and ten projects on multiple sites. • Managed a diverse team of professionals in consistently delivering a 0' u I quality project. o 'Reviewed documents for program requirements and code compliance. C) •Responsible for acquisition of all permits and approvals from local, state and federal agencies, including planning and zoning, conservation commission, state highway, state environmental, local building officials, etc. •Monitored and controlled project safety, quality, direct costs, schedules, and ensured project built to quality standards adhering to government regulations and within expected time frame. Tab D. Method of Approach-Category 2 General Project Approach: METHOD OF APPROACH TO REQUEST FOR SERVICES The dedicated account manager is committed to responding to any City request within 24 hours as to ensure an effective teamwork approach. A successful project always begins with effective communication. METHOD OF APPROACH TO COST CONTROL, SCHEDULING AND COST OVERRUNS All cost and the City's budget are monitored daily by field personnel and the project manager assigned to the project.These cost and quantities are input into Ace's proprietary project forecasting software.The daily cost and quantities are then monitored by all key personnel involved with the project. Weekly forecasts are generated and reviewed at the same time.These weekly forecasts are presented to the city representative at the anticipated weekly progress meeting for review.The daily and weekly reporting of the quantities and costs are then complied into a larger snapshot (a monthly forecast and report of all work completed and work remaining) and compared to the city's budget and expected final cost. We strive to identify any and all potential cost overruns on a daily basis utilizing our detailed daily cost/quantity reporting procedure. If an overrun is anticipated, an open line of communication is established with the city representative and all key personnel within Ace Asphalt to ensure the most sensible and cost effective result is obtained. The key personnel will offer value engineering options and potentially alternative products to keep the project within the city's budget, while also meeting the city's expectation of quality and longevity. Upon agreement to a start date, a comprehensive MS Project schedule will be provided outlining all phases and scopes of work.An updated weekly project schedule will then be provided to the city representative weekly by the assigned project manager. METHOD OF APPROACH TO CONFLICT AND ESCALATION Any conflict that cannot be resolved onsite will be communicated by field personnel and immediately addressed by the project manager and account manager.A phone call or in person meeting will be set up. If at that point a resolution is not achieved, upper management as outlined in the organizational chart will be notified and involved to ensure there is a satisfactory resolution for all parties involved. METHOD OF APPROACH TO PROJECT CLOSEOUT At the completion of each project, the key personnel will meet with the city representative to confirm that Ace Asphalt has met all of their expectations, all quantities are correct and agreed upon and all documentation needed to close out the project has been provided. Tab D. Method of Approach-Category 2 METHOD OF APPROACH TO PROJECT CLOSEOUT Job Order Management PROPOSAL MANAGEMENT Working in conjunction with one another, the estimator and project manager assigned to the proposed project will prepare all documentation and propose a detailed cost estimate utilizing Ace Asphalt's state of the art estimating software. In the project development phase, it is imperative that our proposal conveys the level of quality expected for every project. Ace Asphalt will have any and all paperwork and proposals processed within 3-5 business days or upon the due date determined by The City. PROJECT COMMENCEMENT With our large fleet and ability to successfully approach a new project, Ace Asphalt can typically mobilize and start construction within 15 business days. CHANGE REQUEST MANAGEMENT When and if a change request is necessary, communication immediately begins between the key personnel and The City representative to cost effectively resolve the need. Ace Asphalt will gather and provide The City representative with documentation to justify the need and also value engineered cost options. When a resolution is reached or agreed upon, Ace Asphalt will provide The City with an updated schedule. Tab D.Method of Approach-Category 2 Value Analysis/Value Engineering/Risk Mitigation APPROACH TO VALUE ENGINEERING,ANALYSIS AND RISK MITIGATION The vast knowledge and combined 100+years of local paving/construction industry experience that our key personnel possesses will ensure that The City always has the most desirable cost effective way to meet or exceed expectations set forth. Value engineering and value analysis are a key component to our partnership with our clients.All proposals and recommendations are accompanied by value engineered options. At Ace Asphalt, our goal has always been to create the greatest possible value for our clients. We have found that incorporating value engineering into our design and construction process results in greater added value and reduced costs for our clients. Our team carefully considers all aspects of the project when making value engineering proposals to our clients. RISK MITIGATION MANAGEMENT The extensive review of the work sites, scope of work and safety protocol ensures that we identify any and all risks involved for all parties. If a risk is identified or anticipated,Ace Asphalt will share with and take a teamwork approach with The City to reduce or mitigate any threat.Ace Asphalt will have an internal pre-construction meeting with all key personnel and sub-contractors involved with a particular project to identify our construction methods from the beginning to the end of the project to identify and mitigate any risk that is foreseen. At which time all risks and mitigations are communicated to The City representative. Ace Asphalt values the relationship, experience and partnership with all of our key subcontractors. Safety and risk mitigation is a top priority when working in and around the traveling public.The combination of our core values, specifically safety and our teamwork approach with our subcontractors helps to reduce and/or eliminate. Quality Control (QC) has implications throughout the life of a project from its beginning to closeout. Ace Asphalt has a Quality Control program for every project we are awarded. Ace Asphalt carries out our quality control process by working with the customer to meet the specified quality standards, making sure that the standards are communicated to the subcontractors, and making sure that the work undertaken complies with those standards and that deficiencies are brought to light as early as possible and addressed immediately. Quality control is the day-to-day, on the job, making certain that the contract is being carried out in accordance with the plans and specifications to the quality standards specified between Ace Asphalt and the customer. At Ace, we have developed a well thought out and executed QC program to make project closeout much easier and make the whole project run more smoothly. Tab D.Subcontractor Selection Plan Subcontractor Qualification Process: All subcontractors must meet the following criteria: ROC License A Subcontractor must have a valid ROC license.This will be verified by contacting the Registrar of Contractors to confirm that the license is current and valid. At this time also check for any complaints. If there are open complaints, the subcontractor will automatically be denied. Once the subcontractor has resolved the complaint, they can re-apply to become a subcontractor. If there are closed complaints, each complaint will be investigated. As long as the complaints have been closed, did not result in a lawsuit and have been resolved with a satisfactory result on both sides, the subcontractor will meet this part of the criteria. If a subcontractor has more than 4 complaints in a 2 year period, regardless of the outcome, the subcontractor will automatically be denied.They can re-apply in a year. BBB Complaints A subcontractor must not have any open complaints. If there are open complaints, the subcontractor will be denied. Once the complaints are satisfied, they can re-apply. If there are closed complaints, each complaint will be reviewed for the outcome. If there are any negative outcome complaints, the subcontractor will be denied. Certificate of Insurance The certificate must show the same company name, the same way it is on the ROC license. The certificate must meet the following requirements: General Liability Insurance $1,000,000.00 Each occurrence. Ace Asphalt of Arizona, Inc, must be listed as Cert. Holder and Additional insured. Description of operation needs to read: "Any and all jobs in Arizona". Workmans Compensation $1,000,000.00 Each occurrence. Ace Asphalt of Arizona, Inc, must be listed as Cert. Holder and Additional insured. Description of operation needs to read: "Any and all jobs in Arizona". Automobile Liability $1,000,000.00 Each occurrence.Ace Asphalt of Arizona, Inc, must be listed as Cert. Holder and Additional insured. Description of operation needs to read: "Any and all jobs in Arizona". W9 The subcontractor must provide a valid W9. President Final Review Once all the above documentation is received, it is reviewed and verified and sent to our President for approval. Once approved, A Master Subcontract Agreement will be issued to the subcontractor. Upon return of the signed agreement the subcontractor will be authorized to perform work on Ace Asphalt's behalf and will become a valid subcontractor. **AII requirements must be met. Tab D.Safety Safety Director Kent Francis, MS safetymanager@aceasphalt.com SUMMARY OF QUALIFICATIONS PROFESSIONAL ACHIEVEMENTS A proven Health,Safety and Environmental Manager that has led the development, implementation, and maintenance of comprehensive health and safety management systems for various stand alone businesses. A leader who has dramatically improved the company-wide results in health and safety for different companies by implementing safety processes and procedures. Has strong experience in developing positive attitudes and improving involvement of the line, middle and upper management in safety performance. A confident individual capable of creating, managing,and leading safety programs to comply with regulatory agencies. A bilingual professional who reads,writes and speaks Spanish fluently. PROFESSIONAL ACHIEVEMENTS Ace Asphalt July 2009 - Present Manage Safety Compliance and train employees • Manage commercial fleet and maintain compliance with FMCSA and DOT. • Chair weekly safety committee meeting. • Developed safety plan for projects at the Palo Verde Nuclear Plant. • Represent company's safety department in captive insured group monthly meeting. • Implemented PPE use throughout the company. • Implemented Stretch and flex program. • Wrote and implemented the safety plan for the company. • Manage new employee orientation. • Trained all CDL and NON CDL drivers in defensive driving. • Train employees in OSHA 10. • Manage all auto, property damage and workers Compensation Claims. • Manage safety compliance in Phoenix,Tucson, New Mexico, Las Vegas and Texas. Tab D.Safety PROFESSIONAL EXPERIENCE Safety Manager • Plan and organized training according to the needs my employer. • Prepare weekly and monthly safety progress report for team leaders and Safety Director. • Trained employees and subcontractors as required to comply with state, federal and company policies. • Developed safety training programs applicable to the industry in both English and Spanish. • Developed and managed new employee safety orientation. • Conduct accident investigations, identifying root cause taking preventive and corrective actions. • Coordinate/conduct safety training for all employees maintaining documentation and training record files as mandated by company policy and regulatory agencies. • Managed all work-mans compensation claims and work closely with insurance company and occupational doctors. • Manage restricted duty program. • Managed drug and alcohol program, random and post-accident. • Provide safety support in all operations. • Manage and develop company's safety procedures and safety plan in both English and Spanish. EDUCATION CENTRAL STATE UNIVERSITY OF MISSOURI, Warrensburg, Missouri-5/1995 Awarded a Master of Science Degree, Industrial Safety Management. BRIGHAM YOUNG UNIVERSITY, Provo, Utah-8/1992 Awarded a Bachelor Degree, Social Science and a Minor in Business Administration. CAREER TRAINING • Competent Person in Confined Space Entry from Delta Laboratory and Gas Testing Inc. • Lead Abatement and Respiratory Protection from Georgia Institute of Technology. • Environmental Regulations and Compliance from National Registry of Environmental Professionals. • First Aid/CPR National Safety Council. • OSHA 500 Outreach 10 &30 Hours Instructor, University of San Diego. • HAZARDOUS MATERIAL Technician, From TETRA TECH NUS. • Incident Commander, from TETRA TECH NUS. • Radiation Safety Officer. • Commercial Driver"Defensive Driver instructor" National Safety Council. • Non Commercial Drivers "Defensive Driving Instructor" National Safety Council. Safety Training Protocol for Field Staff Safety Training Protocol for Field Staff All employees complete Safety Training when they are hired, annually and where there is a significant change to their job duties or if the employee changes jobs.To ensure Safety is maintained on the Job Site, two (2) forms are used on a daily basis. PRE-TASK HUDDLES FORMS At the start of every work day all work crews conduct a Pre-Task Huddle where the following Safety Items are reviewed: •General safety hazardous associated with the Job Site: •Identify Slips/Trips/ Falls hazards •Insure Proper Lifting techniques are used 'Spotters are used when needed 'Proper Chemical(s) handling •Three (3) Points of Contact is used when entering/exiting equipment and vehicles •Personal Protective Equipment (PPE) to be worn •Head Protection •Safety Glasses •Gloves 'Safety Vests 'Steel Toe Shoes •Any unique Safety Hazard specific to the Job Site •Working in and around the General Public •Working around sensitive areas (air handlers, vehicles, landscaping, etc) •Weather Conditions (heat, rain, excessive dust, etc.) •Working with other Trades Employees are encouraged to ask any question(s) they may have regarding the Job site. Employees are required to sign the Pre-Task Huddle form.The Superintendent sends this form to the Safety Department where it is reviewed. CBO (CRITICAL BEHAVIOR OBSERVATION FORM Site Supervisors also conduct daily CBOs (Critical Behavior Observations) for every job site.The purpose of the CBO is to acknowledge good safety behavior; and to immediately correctly unacceptable safety behavior.These observations are documented on CBO Form and sent to the Safety Department for review. At any time a Supervisor and/or any employee can request the Director of Safety to come to their Job Site to address any Safety concern they have. PRE-TASK HUDDLE (PTH) COATINGS WO#: Date Prepared: qCETask Location: Time Prepared: ` ASPHALT Ample Drinking Water/Shade 0 Yes 0 No Prepared by: We're on it. Safety Data Sheets(SDS): 0 Yes 0 No Department: Scope of Work: Task Duration: Production Goal: Material Quantity: JOB HAZARD.ANALYSIS Break Task Into Steps: 1 2 3 4 5 Hazards Associated With Steps/Safety Work Procedures/PPE: ❑Slips,Trips or Falls?Pinch Points?!Use caution walking backwards ❑ Handling Hot Material/Wear gloves,face shields,long sleeves ❑Strains,Sprains or Other Injuries/Lift properly,use hoist ❑ Mobile Operating Equipment/Perfrom 360, Use a spotter for backing ❑Traffic Management/Barricades/barricade to protect public ❑ Excessive Noise or Vibration/Hearing protection when operating blowers ❑ Exposure to dust,fumes or mist/Wear dust masks O Fire/Explosion/Monitor thermostat and check for leaks on crackfill kettle Potential Hazards. Hazard Assessment(Mitigate Hazards/Challenges.Immediately) ❑ Contact w/Acids,Toxic or Caustics Have you walked your work area? 0 Yes 0 No 0 Is special Training Required? Do you have correct equipment,tools and materials? ❑.Yes ❑ No 0 Danger from Falling Objects Are there any anticipated.challenges?Detail Below. 0 Yes 0 No 0 Other Trades in Work Area Challenges: Personal-Protective Equipment(PPE) 1 0-Z87 Safety Glasses(Always) 2 D Safety-Toed Boots(Always) 3 0 High Visibility Vest(Always) Corrective Actions: 0 Hard Hat 1 0 Metatarsal Protectors/Toe Guards 2 0 Hearing Protection, Ear Plugs,Muffs 3 0 Respiratory Protection Reviewed in the Field By: Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date:. Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: _Date: This Pre-Task Huddle must be signed off by each employee prior to start of each work day.The person assigned to lead the PTH is accountable to ensure that everyone is briefed and signs off,including subcontractors or visitors who enter the work area.My signature verifies I have reviewed the PTH and understand and agree to follow this plan; and,it is my sole responsibly to immediate report any injuries and incidents that I have incurred while working for Ace Asphalt. PTH Leader: Signature: Date: q 'E ASPHRLT:' We're on it. Job Name/WO#: Date: Time: Observer's Name: Supervisor: Ace Asphalt # # CRITICAL BEHAVIOR OBSERVATION Observations Safe 12 Pre-Task Huddle was conducted effectively prior to start of work, including: 1) Scope of work,2)Daily Goal, 3)Top 3 Hazards&Protection, 4)Job specific challenges? Feedback/Coaching: 4 Stretch&Flex done correctly by crew at start of work shift. Feedback/Coaching: 1 Spotter(s)is used and located in safe position when the vehicle/equipment is backing up. Eye contact is made between ground personnel and operator; Operator conducts a 360 walk around the vehicle/equipment prior to moving it. Feedback/Coaching: 2 Employees operating equipment used 3-points of contact when entering&exiting the equipment Feedback/Coaching: 3 Employees operating equipment with ROPS are wearing their seatbelt Feedback/Coaching: 6 Proper lifting techniques were observed(back is straight and employee is lifting with their legs; load is kept close to their body)If lifting equipment(Hoist/Wench) was available,was it use? Feedback/Coaching: reseco RestIlls Driven January Ace Asphalt or Arizona, Inc.. 3030 S 7th Street Phoenix, AZ 85040 ' RE! Workers Compensation Historical.Experience Modification Factors This letter shall serve as confirmation of Ace Asphalt of Arizona, Inc. Worker COmpensatian Experience Modification factors issued by the National.Counciton Compensation insurance (NCCI): Effective 2/112019 .86 Best Regards, Cliris !Kam's (iris Harris Managing Director of Client Services (602) 329-0061 chatTistareseeoadviSors.corn ICE ASPHALT We're on it: May 15, 2019 Contact Person:Justin Shawler shawlerj@aceasphalt.com Ace Asphalt of Arizona, Inc. is pleased to provide a complete proposal package under the Request for Qualifications RFQ: 2019005,JOC Order Contracting Street Maintenance, Category 2: Sealing Projects. The intent of this response, noted within the following pages, is to illustrate that we are the most accomplished and responsible bidder for these noted services. Ace Asphalt has been in business since 1966. Our vision is simple: to be the leading customer-centric organization, where exceptional safety and quality create unparalleled value. To accomplish this, we are committed to reliability, responsiveness, and always being results-driven. Over the years, we have built a solid, diverse, and loyal client base. We have proven time and time again that we have the technology and the resources required to complete every project on-time. At Ace Asphalt, we efficiently staff each project with experienced production crews that are fully supported by in-house management personnel. Our crews use top-of-the-line equipment to provide our clients the highest quality and the performance they desire. At Ace Asphalt, our team understands the value and legacy that we leave on the community with each project we perform. Ace Asphalt continues to make process improvements that specifically focus on our client's needs. Our emphasis on safety and quality has allowed us to develop a long-standing reputation for delivering successful projects across the Southwestern United States. Below you will find some examples of continuous improvements that Ace Asphalt has made that will specifically benefit JOC contracts: a) Full-time Public Works account management team specifically focused on JOC contracts. b) Dedicated production teams that have years of successful experience with JOC contracts. c) Over 22 years of proficiency in successfully securing and managing Job Order Contracts. d)A full-time Information Technology team dedicated to driving improvements in service and delivery processes.This includes specific applications written to support the administration of all Job Order Contracts. Ace Asphalt continues to receive recognition as a leader in the construction industry for our safety programs and our philanthropic commitment to the community. We're on itl On behalf of our 425 employees at Ace Asphalt of Arizona, Inc., we thank you for the opportunity to submit our Qualifications. www.aceasphaIt.com Financials 1. Financial Capacity/Bonding/Insurance 2.Total Bonding Capacity—Single Limit and Aggregate Limit 3. Current Backlog/Project List 4. Insurance Provider Rating _.._7:V constructors bonding, inc. ,,,,,,;,•. r:a :-c•;,`c:r.-r.. . 7220 N. a6''Slyd:1.131dg. K,Phoenix, AZ $5U2O Telephone 480-878-Q2 May 13, 2019 To: City of Buckeye This letter is in response to your request for information oonceming the surety bond program available 10 Ace Asphalt of Arizona. Inc. from Argonaut IInstlrance Company{Surety Company). Argonaut Insurance Company has provided a surety prcigrann for Ace Asphalt of Arizona, Inc. with a single project limit of$3,000,000 and an-aggregate work.program of 6i,QOO,®00 with iargar projects considered on a case by case basis. The issuance of any final bonds would obviously be subject to review of contract terms and conditions common to the construction industry and acceptable to our client and Argonaut Insurance Corttpany normal underwriting rx)nsiderations at the time of the request. Review of bond forms, confirmation of financing(if required)and review of cOrrent underwriting information will also be taken Into consideration prior to issuance of any bonds. Ace Asphalts Project list is attached. This letter is not an assumption of liability nor is it a bid bond or performance bond. It is issued only as a bonding reference as requested by our client. i ?i3c:erOly, 171,, e(Ln_)-L (-670ti_o: ele-z—d--- mulanie Anheney Account Executive Esti.•nutad St;st Est Camptatroa __bfigeo ISsuing Carder. BttanlArrstmunt BOndpesiiflptiora ., t)ate Base FAcirm1 CoAttaGt:4a'3 A,rvetaiit .S 1;4g.3,7$S.Ig`.+ =Qrt€,1catr, all€Sxio Prey st ,rt3 f 241 11.f 117010 McC3ttlry° 4uotmati4 S :i 357,]G '10.51.1VEC Yhm,¢i 1 Z 1ZC161331z431.9 Yg Nit-{tteift{.caia[s g gaga littik t714&six,Inn- tar tamut Sr40, 04.i tirli stp � ;i a . s Lili,aPak ArfOotta,A td;r..SSS,;.+ Aosatoit'arks-1gLtrifshut,7 1,i3117(319 $ 143 Coirohs ttast,palt?t:itia x McCarthy arty .Ittpiutu't 1,LiO°iSAO!1 ltrattiro ar&ri+1$a"a;.tlz 1.)11,0it1 1_, rJ"419 5 milling,AiutmIt 1'.rraars,Cr,v;,k it.sti dlr{at+rt raitRtr+aitg .;u>f:ssist _. 58,210_t4 $.=,all r,a1T.srsan Intair scat 5iLI LIEU Ea#- 4' 9 fialfrzsir i72f€y Argoizuut tiS.5.631.03 McitCq tax iic;;l Cor*+raasa is 31tS12-{l1 a Sc,;'11i.: r•ararszutt 02,001.I'l _ tacnekr,'c,Psr;snq Lot Project 5/221'19 i Sy2SIZD1I a Paradise Vella -c1woi ' Araon1,if 461 E5E27 50, etw,ateti onineurstr5tiiaist till2"3'19. i T$ 5/13;s315 Citir r4entpa 1,Sn,.:n1c.! a'; 1Jv : :: rtorkiEllilWrnt: CJ ' � t�itij" � ur S.1// . iy,]4 57ti,79.94aat Ai., RD CERTIFICATE OF LIABILITY INSURANCE. DATE imtAIJOIYYT) 3,15/2019 fTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS,UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFII3tts,ATDVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES - 'I BELOW, THIS CERTIFICATE OF iNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER[S), AUTHORIZED l REPRESENTATIVE OR PRODUCER,AND THE E CERTIFICATE HOLDER. IMPORTANT: If the certificate holder l3 an ADDITIONAL INSURED,the policy(lasii most have ADDITIONAL INSURED provisions or be arutossed. If SUBROGATION IS WAIVED,subject cep the terms and conditions of the peaky;corioin policies may require an endorsement, A statement on this certificate does not confer rif@lits le Cho cartifi'cate holder in lieu of such©ndorsenient(s}, PRD�JCER h r ,; __ :.o Insurance AdvrsOre,ILC !prim* i 'tie 7BOi ?901 N.1ti.h Street, ! �U; BP2.7F3 4250 E AN& • 1Ane,Nal:602-419.2242 ---- Suite 100 l_ADDRESS.; cOrteicalesittiesacoadvisors.own Phoenix AZ 95020 :rlsrse,9to1 NrVGROIN*COVERAGE WC N nlaURER,�;Great Ainis-ican lame:DA-A Company - A+ 16691 DISUSED GM Iw uRERe:Alliol ttlfarld AsaLstarrc;Co A 190-9 Ace Asphalt of Arizona,Inc•_ 3030 S.7th Street INSURER c:Cin anall in.14titnce COMPaniss A- 10677 Phoenix AZ 85040 Irony, go:Cus:perPoint W m trraUranae ComplJay A+ 13209 IIrSUam E 1 INSURER : COVERAGES -. CERTIFICATE IIUMBE12:13134f4974 REVISION NUMBER: THIS IS TO CERTIFY FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAlrE BEEN ISSUED TO DHE INSURED NAMED ABOVE FOR r is POLICY PERIOD INDICATED. NOTWiTIISTAtJDING ANY REOLAF.EkIENT;TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO Y4H1414 Tti•1S CERTIFICATE MAY 9E ISSUED OR MAY F'r!RTAo,THE IN5umkt;CE AFFORDED BY THE POLICIES UESCRItLEO HEREIN IS SURJECT,TO ALL THE TERMS, EXOtLISIONS AND C .''1DITIONS OF SUCH POLICIES.UM'I'S SHOWN MAY PAVE SEEN REDUCED BY FAiDCLAU35, i AD ii? 'Y POLIGT EXP N.SMolt. ( -— Mr TYPEOf.IURA'NCE Dr, Molt. IPOICY'Nef�VAP.R In1 tI�t Y rV )Y'ODIYYYTI,.i LAWS C X COMMERCIAL aextRALLRABILnYilaTWATO RENT Y I E1 i228.1 2flaiF 2f,292 1 EA4*ioc-curStprtcE 51,COO,PAJ. s esea iEf a cAr«o1_ S$03,000 X 1 se rs.d,eTl!r MED EXI.1.A,Y antfrsml 5 10,080 PErc.'50t441.8 n74INJURY f 5 1,O0O,tiCD e 11LAI3f;RLGATELI .ESP TAPPLER GsENEERAL.Ara13ECATE II57.000,010J j -I POLICY in Li LOC PRODU AG:,f CTa-COM0.10P $ZOOG,CC) I O NER �N AUTa1&CvILutinasILITY I I EFA9522454 2r1t2319 21:2r,:m NEpslEciai-7ur i s 1,T;IOo ODD j X ANY AUTO @CDILYU1rUZY P�*o«o-ni i$ OOaNLY AZDls FC+ 800I0 uU Y(tf atci: !Ill I • _ IT JS, r 'En�CAJr;ONLY A AUTOC Y idarr 9 5 f UNDRLLLA.t,IAB itig ry:CUR Y :LIE 175409 37 2a112919 2fs12:22l3 i EkGf4Dor IRNEL_E 15 SOtoco.ato X EXCESS LrAB . I i ci,vms-MhnE Ae.orra AIe i$io,ueo doo• •DED i ( I neres1T14N 3 IA • ':$ D WORKESN1tAepoN . Y1422516 211t2013 211Pd0V x 1 Gt1AND EMPLOYERS' L RTUTP . ! !{ _YlA. ptitTk�R1ETCn,PAATPcREXE7JT1'1L ., AI- D - ai S 1,0D0.O OD OFFICEtriµp ;yOyV� N i A pmondabny NH} ELDI5E4EE•EAEAPLCni$I ORO aO0 II',An*,de:ult a Lndur _ ^`-- DESORb'TION OrCPEJiAT IONS bar* ..EL,AtSEA$$L•PDUCVUNIT 15...000.000 a RAtdtwlibWty Y 0:107.1.444E 2f'tN19 2f7t292O PdSd5ailzratAA 1 S3..000,1: 0kvant . rtglossione Ute+rr Pr it,i i ban1 Lim ppp l $:Po tSynl Agg corns•Cos -2r c",; ream Lice:My a 53,CiDDAO ' 3- DESORPTION or taaunn1LM,Adiii IIlematm65hediei,c7uybe-t7acIi'I!mum 41.1ptisrequited) Ces1lticnte holder is hereby Included se Additional insured with re tpccls to the Garierre L ibility,AUl rno&1c ijabil.ty and E;Iress1Umbrolla Liability e a rtirrntry end non-contributory basis If required r wrlrtee cordreri subjeectto all provil;ia end IitiILatrceS of tiw'policy Waiver,ol Stu3rcgetipnin fervorof Coitiloate Haider applies 16 tine Garter/II Liability utomo 3e Lta1>iilty and Ernotayyvars LiaerriyAnforkets Conpert-aAi x if required by voided eas'ract;tibiaeto all prouteIorar.•and Iirnitetia'a of the p»y>;y. The above re.aenoed ErkroWliinbrella Lrabilitypolicy is foI w4exsr and provides additional Ins of insurance far General Liability,Automobile Liability and EmD oeelera LgWlit?;t5,aIorxers Cemponeation. 30 Cays notice of cam:Oatbn applies e opi 10 days farnon-prymenl of premium, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE AHOVE PESCRIBEC PDUCIEb BE CANCELLED BEFORE THE EXPiRA1Ioy DATE THEREOF, NOTICE WILL BE DELIVERED IN • ACCORDANCE WiTH THE POLICY PROVISIONS, City of Buckeye -- - i ohm! -n h 515P5 SCIETALWE • I ,/ _ 1119BR.2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/031 The ACORD name anti logo are reg;isteredl marks 04 ACORO . LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND Ace Asphalt of Arizona, Inc. EXHIBIT B Scope of Work PROJECT Ace Asphalt will be performing a variaty of Pavement Management methods to help improve and maintain the City of Glendale street network. Ace Asphalt will be performing pavement management techniques such as crack sealing, asphalt patching, slurry seals, polymer modified masterseal,liquid road and others that will help improve the streets network PCI. 5 1/2/2020 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND Ace Asphalt of Arizona, Inc. EXHIBIT C METHOD AND AMOUNT OF COMPENSATION By JOC Linking Agreement, Including all services,labor, equipment,materials and cost. NOT TO EXCEED AMOUNT The total amount of compensation paid to Contractor for full completion of all work required by the Project must not exceed$5,000,000 annually or$20,000,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION Per the attached Job Order Contract 6 1/2/2020