210137-CONTRACT.DOCX

Maricopa County — Formal (2021-04-21)

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SERIAL 210137-S ROOFING REPLACEMENT, REPAIR, AND MAINTENANCE
DATE OF LAST REVISION: April 21, 2021 CONTRACT END DATE: April 30, 2022
CONTRACT PERIOD THROUGH APRIL 30, 2022
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for ROOFING REPLACEMENT, REPAIR, AND MAINTENANCE
Attached to this letter is published an effective purchasing contract for products and/or services to be
supplied to Maricopa County activities as awarded by Maricopa County on April 21, 2021
(Eff. 05/01/21).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained
from the vendor holding the contract. Individuals are responsible to the vendor for purchases made
outside of contracts. The contract period is indicated above.
AM/mm
Attach
Copy to: Office of Procurement Services
Sammi Birchard, FMD
Beth Cressman (FMD)
(Please remove Serial 14069-RFP from your contract notebooks)

SERIAL 210137-S
CLASSIC ROOFING LLC, 2744 W. VIRGINIA AVE PHOENIX, AZ 85009
COMPANY NAME: Classic Roofing LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS: 2744 W. Virginia Ave Phoenix, AZ 85009
REMIT TO ADDRESS:
TELEPHONE NUMBER: 602-442-5550
FAX NUMBER: 602-560-8458
WWW ADDRESS: www.classicroofingaz.com
REPRESENTATIVE NAME: Brandon Richardson
REPRESENTATIVE TELEPHONE NUMBER: 602-214-8548
REPRESENTATIVE EMAIL ADDRESS brandon.richardson@classicaz.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
1.0 PRICING:
Time and Materials Pricing (Labor is per hour, per man)
BUSINESS HOURS
1.1 Foreman 95 /per hour
1.2 Mechanic 85 /per hour
1.3 Helper 75 /per hour
AFTER HOURS
1.4 Foreman 110 /per hour
1.5 Mechanic 100 /per hour
1.6 Helper 90 /per hour
WEEKENDS, HOLIDAYS
1.7 Foreman 125 /per hour
1.8 Mechanic 115 /per hour
1.9 Helper 105 /per hour
OTHER CHARGES
1.1 Roofing materials, supplies, cost plus: 15 %
1.11 Annual Preventative Maintenance
Up to 7,500 sq. ft. $0.45 /sq. ft.
7,501 sq. ft. to 50,000 sq. ft. $0.35 /sq. ft.
50,001 sq. ft and greater $0.25 /sq. ft.
1.12 Infra-red Scanning $350 per hour
PRICING SHEET: NIGP CODE 91066
Terms: NET 30
Vendor Number: VS0000005749
Certificates of Insurance Required
Contract Period: To cover the period ending April 30, 2022.

SERIAL 210137-S
FLYNN BEC LP, 238 SOUTH HAMILTON, GILBERT, AZ 85233
COMPANY NAME: Flynn BEC LP
DOING BUSINESS AS (dba): Flynn BEC LP
MAILING ADDRESS: 7901 E Pierce St, Scottsdale, AZ 85257
REMIT TO ADDRESS:
TELEPHONE NUMBER: 6027177295
FAX NUMBER: 7901 E Pierce St, STE CD
WWW ADDRESS: flynncompanies.com
REPRESENTATIVE NAME: Brian Anderson
REPRESENTATIVE TELEPHONE NUMBER: 6027177295
REPRESENTATIVE EMAIL ADDRESS briang.anderson@flynncompanies.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
1.0 PRICING:
Time and Materials Pricing (Labor is per hour, per man)
BUSINESS HOURS
1.1 Foreman $65.19 /per hour
1.2 Mechanic $49.33 /per hour
1.3 Helper $31.71 /per hour
AFTER HOURS
1.4 Foreman $97.79 /per hour
1.5 Mechanic $74.00 /per hour
1.6 Helper $47.57 /per hour
WEEKENDS, HOLIDAYS
1.7 Foreman $97.79 /per hour
1.8 Mechanic $74.00 /per hour
1.9 Helper $47.57 /per hour
OTHER CHARGES
1.1 Roofing materials, supplies, cost plus: 15 %
1.11 Annual Preventative Maintenance
Up to 7,500 sq. ft. 0.03 /sq. ft.
7,501 sq. ft. to 50,000 sq. ft. 0.02 /sq. ft.
50,001 sq. ft and greater 0.01 /sq. ft.
1.12 Infra-red Scanning $100 per hour
PRICING SHEET: NIGP CODE 91066
Terms: 1% 10 DAYS NET 30 DAYS
Vendor Number: VS0000005740
Certificates of Insurance Required
Contract Period: To cover the period ending April 30, 2022.

SERIAL 210137-S
PROGRESSIVE SERVICES, INC., DBA: PROGRESSIVE ROOFING, 23 N. 35TH AVENUE, PHOENIX,
AZ 85009
COMPANY NAME: Progressive Services, Inc.
DOING BUSINESS AS (dba): Progressive Roofing
MAILING ADDRESS: 23 N 35th Ave, Phoenix, AZ 85009
REMIT TO ADDRESS: 23 N 35th Ave, Phoenix, AZ 85009
TELEPHONE NUMBER: 6022784900
FAX NUMBER: 6022786896
WWW ADDRESS: www.progressiveroofing.us
REPRESENTATIVE NAME: Mark Farrell
REPRESENTATIVE TELEPHONE NUMBER: 602-278-4900
REPRESENTATIVE EMAIL ADDRESS mark.farrell@progressiveus.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
1.0 PRICING:
Time and Materials Pricing (Labor is per hour, per man)
BUSINESS HOURS
1.1 Foreman $62.00 /per hour
1.2 Mechanic $58.00 /per hour
1.3 Helper $45.00 /per hour
AFTER HOURS
1.4 Foreman $75.00 /per hour
1.5 Mechanic $70.00 /per hour
1.6 Helper $65.00 /per hour
WEEKENDS, HOLIDAYS
1.7 Foreman $75.00 /per hour
1.8 Mechanic $70.00 /per hour
1.9 Helper $65.00 /per hour
OTHER CHARGES
1.1 Roofing materials, supplies, cost plus: 15 %
1.11 Annual Preventative Maintenance
Up to 7,500 sq. ft. 0.02 /sq. ft.
7,501 sq. ft. to 50,000 sq. ft. 0.02 /sq. ft.
50,001 sq. ft and greater 0.02 /sq. ft.
1.12 Infra-red Scanning $150.00 per hour

SERIAL 210137-S
PROGRESSIVE SERVICES, INC., DBA: PROGRESSIVE ROOFING
PRICING SHEET: NIGP CODE 91066
Terms: NET 30
Vendor Number: VC0000007237
Certificates of Insurance Required
Contract Period: To cover the period ending April 30, 2022.

SERIAL 210137-S
ROOFING REPLACEMENT, REPAIR, AND MAINTENANCE
1.0 INTENT
1.1 Maricopa County (County) is seeking one or more contractors to provide services to complete
“like for like” or full replacement of various types of roofing systems on an as needed basis.
Contractor shall provide all parts, labor, materials, equipment, tools, and transportation
required to perform these services.
1.2 County’s existing contract, Serial #14069-RFP will be terminated upon award of this contract.
1.3 Respondents to this solicitation shall identify a firm, fixed cost rate for preventive
maintenance and fully burdened hourly rates for work within the scope of this contract.
Respondents will also respond with an hourly rate for work outside the scope of this contract.
1.4 All work will be completed as Time & Material (T&M) work, project work, or preventative
maintenance as directed by the Facilities Management Department (FMD) for buildings
under the maintenance responsibility of FMD. T&M and project work thresholds will apply
as outlined in the scope of this contract. Contract award to multiple contractors will result in
a call order (first, second, third, etc.) for T&M work. The call order will be determined by
respondents lowest average hourly pricing found in the bid responses on Attachment D –
Pricing Sheet.
1.5 Contractor’s primary point of contact for work performed will be the Facilities Management
Department (FMD). Other County departments may use this contract, however FMD is not
responsible for payments for work performed under the direction of other County
departments.
1.6 Other governmental entities under agreement with Maricopa County (County) may have
access to services provided hereunder (see also Sections 3.11 and 3.12 below).
1.7 The County reserves the right to add additional contractors, at the County’s sole discretion,
in cases where the currently listed contractors are of an insufficient number or skill-set to
satisfy the County’s needs or to ensure adequate competition on any project or task order
work.
1.8 County reserves the right to award this contract to multiple vendors. The County reserves
the right to award in whole or in part, by item or group of items, by section or geographic
area, or make multiple awards, where such action serves the County’s best interest.
2.0 SCOPE OF SERVICES
2.1 The scope of services of this solicitation includes, but is not limited to roofing repairs,
roofing preventative-maintained inspection, roofing replacements, and roof coating of
County facilities
2.2 Work outside the scope includes any work not normally performed in the scope of this
solicitation and that can be performed by the prime contractor. If a subcontractor is used,
apply mark-up as indicated in Section 2.13 - Allowable Pass-through Costs Under Time
And Materials Work (With Mark-Up). Work outside the scope includes, but is not limited to,
equipment removing, equipment relocation, and removal and replacement of lightning
arrest system.
2.3 PERFORMANCE REQUIREMENTS
2.3.1 Unless pre-approved by FMD, all work shall be performed by one service
technician. If needed, contractor may dispatch a helper (laborer) to aid the
technician. Any additional technicians or helpers needed for a specific job must be

SERIAL 210137-S
pre-approved by the County. The invoice shall be notated with pre-approval, for
example, “extra technician pre-approved by ‘person’s name’.”
2.3.2 Contractor(s) shall not make any changes to the equipment specifications, method
of fabrication, or other requirements without the express prior written consent of
the County. Any proposed changes shall be presented to the assigned County
contact prior to the change taking effect (contact information will be provided on
purchase orders).
2.3.3 Contractor(s) shall utilize only original equipment manufacturer (OEM) parts, as
recommended by the equipment manufacturer, for replacement or repair, and use
only those materials obtained from and/or recommended by the equipment
manufacturer(s) unless pre-approved in writing by the County.
2.3.4 Contractor(s) shall coordinate all work schedules with the County before beginning
any work which requires a utility outage or outage of equipment. Outages shall be
arranged with the County in advance, if possible, and such work shall only be
performed during County-approved times. The County must be notified
immediately if any equipment is mistakenly taken out of service.
2.4 REPLACEMENT OR OVERHAUL OF EQUIPMENT
2.4.1 Roofs that are in need of replacement shall be evaluated by the contractor and a
written price estimate shall be presented to the County. The County may or may
not approve the work, dependent on budgets and priorities, or may request
competitive bids.
2.5 CONTRACTOR QUALIFICATIONS
2.5.1 Contractor(s) shall be licensed to perform all work contemplated in this contract
and shall have a minimum of five years of experience performing the work listed in
the Scope of Services. Proof of such must accompany the bid packet. Contractor
may upload record of license history to prove their five-year minimum.
2.5.2 Contractor should be authorized or able to perform full maintenance, repairs,
installations for all roofing systems in the performance of this contract.
2.5.3 Contractor(s) shall employ a minimum of five technicians qualified to perform all
work and to adequately service Maricopa County facilities. Qualified employees
shall have a minimum of five years’ experience performing the work listed in the
Scope of Services and in related fields. Proof of such shall accompany the bid
packet.
2.5.4 Contractor(s) must maintain a minimum of five adequately stocked service
vehicles. Proof of such must accompany the bid packet and will be inspected prior
to award.
2.5.5 Contractor(s) shall comply with all other requirements listed in the Scope of
Services.
2.6 CONTRACTOR REQUIREMENTS
2.6.1 Contractor shall submit evidence of ability to provide and maintain, during the
entire period of this contract, all labor, supervision, materials, tools, and equipment
sufficient in number, condition, and capacity to efficiently perform the work and
render the services required by this contract. Contractor shall provide evidence of
their ability to furnish equipment and personnel by providing, with their bid packet,
a listing of major tools, vehicles, equipment using Attachment F – Equipment
Listing. Contractor shall provide evidence of appropriate labor and supervision by

SERIAL 210137-S
listing personnel and their qualifications in Attachment E – Personnel
Qualifications, which shall accompany the bid packet and shall be maintained
throughout the contract.
2.6.2 Contractor(s) shall provide, at a minimum, the following owned or rented
equipment and respond with hourly rate for use of such on Attachment D – Pricing
Sheet:
a. THERMOGRAPHIC IMAGING SCANNING DEVICE
2.6.3 Contractor shall be responsible for obtaining and transporting equipment to and
from the job site. In this regard, the contractor shall :
2.6.3.1 Ensure that its employees that are assigned to perform the work carry
their own tools of the trade or are provided with tools normally carried by
the trade on the job site. “Tools of the trade” are generally considered to
be vehicles, tools, and equipment (e.g. hand tools, power tools, pickup
trucks, vans, ladders, scaffolding, etc.) that are normally used in the
course and scope of the contractor’s business and that should be a part
of a qualified contractor’s inventory. Costs related to the acquisition, use,
or maintenance of tools of the trade should be included as a part of the
contractor’s fully‐burdened hourly labor rates and are not, under any
circumstances, to be separately or directly billed to County under this
contract.
2.6.3.2 Arrange for lease or rental of any special tools and equipment needed
to perform the work. “Special tools and equipment” are considered to be
tools and equipment (e.g. cranes, towed air compressors, dumpsters
with associated tipping fees, etc.) that are not typically maintained in a
contractor’s inventory, but that are leased or rented when needed for a
specific project/job. Charges for lease or rental of special tools and
equipment with associated mark‐up may be directly billed to County
provided that the contractor clearly identifies these items in advance as
a part of their proposal to perform the work. Charges for lease or rental
of special tools and equipment with associated mark‐up that have not
been identified in advance as a part the contractor’s proposal to perform
the work may not, under any circumstances, be separately or directly
billed to County under this contract.
2.6.3.3 Ensure that all vehicles, tools, and equipment are appropriately
licensed, as applicable, are in good operating condition, capable of
rendering efficient, economical, and continuous service, and are
equipped with necessary and required safety devices in accordance with
State and Federal laws. While the County reserves the right to inspect
any equipment for compliance with these requirements regarding
condition, this does not relieve the contractor of the obligation to furnish
conforming equipment. If any equipment is found to be deficient or
non‐conforming, the County shall so notify the contractor who shall
immediately take action to place the equipment in good operating
condition at his own expense. If the contractor does not take corrective
action within a reasonable time, the County may require the immediate
removal and replacement of the deficient equipment at the contractor’s
expense.
2.6.4 The contractor’s service truck fleet and/or warehouse shall carry sufficient supply
of repair parts and equipment to perform services per scope of work presented.
2.6.5 The contractor shall perform the work in such a way as to minimize disruption to
the normal operation of the County site and building occupants.

SERIAL 210137-S
2.6.6 Upon completion of work, the contractor shall clean and remove from the job site
all disturbances (e.g. loose dirt, dislocated gravel, removed vegetation, footprints,
old asphalt/concrete, etc.), debris, materials, and equipment associated with the
work performed. County property shall be restored to the same condition as prior
to start of the job.
2.6.6.1 If, upon County inspection, it is found that the contractor failed to
adequately clean up the site (meaning to the County’s satisfaction) after
work has been performed, the County will notify the contractor and the
contractor will have 24 hours to clean. Should the contractor fail to clean
a site to the County’s satisfaction, the County reserves the right to make
other arrangements to have the area cleaned, and the cost of such work
shall be offset from any monies due the contractor. Costs of such work
that exceed the amount of monies due the contractor shall be the
responsibility of the contractor and shall billed to the contractor.
2.6.7 The contractor shall perform all services in such a manner that County property is
not damaged.
2.6.7.1 In the event damage occurs to Maricopa County property or any
adjacent property due to any services performed under this contract, the
contractor shall immediately notify the County representative about the
damages and shall replace or repair the same at no cost to the County
within 48 hours of notifying the County, or by a deadline approved by the
County.
2.6.7.2 If damage caused by the contractor has to be repaired or replaced by
the County, the cost of such work shall be deducted from the monies
due the contractor. Costs of such work that exceed the amount of
monies due the contractor shall be the responsibility of the contractor
and shall billed to the contractor.
2.6.8 The contractor shall utilize only experienced, responsible, and capable people in
the performance of the work. The County may require that the contractor remove
from the job covered by this contract, any employee who endangers persons or
property or whose continued employment under this contract is inconsistent with
the interest of Maricopa County.
2.6.9 Contractor(s) must have a business facility within 50 miles of 401 W. Jefferson
Street, Phoenix, AZ 85003.
2.6.10 The County may inspect contractor facilities prior to award and reserves the right
to make award based on the condition and quality of contractor facilities and
equipment.
2.6.11 Contractors bidding on this solicitation may visit worksites to determine conditions
that would affect prices and work performance. As some sites do have internal
restrictions, it may be necessary for a site visit to be scheduled.
2.6.11.1 If required by FMD, and to avoid the potential transmission of COVID-
19 in any County-owned or -leased facilities, prior to entering, or when
on any Maricopa County facility, property, building, or structure, all site-
visit attendees and contractors may be required to wear (at all times) a
face mask/face covering. Attendees who do not adhere to this may not
be permitted to visit the site or enter Maricopa County facilities,
properties, buildings, or structures. Maricopa County is not responsible
for providing face masks or face coverings.”

SERIAL 210137-S
2.6.12 All vehicles used by contractor, including personal transportation vehicles, shall be
clearly identified with the name of the company on each side of the vehicle. The
letters shall be of such size that they are distinguishable at a reasonable distance.
2.6.13 All employees of the contractor shall wear a company uniform identified with the
company name/logo and consisting of a minimum of one of the following:
 Shirt/blouse
 Vest
 Cap
2.6.14 Only authorized employees of the contractor are allowed on Maricopa County work
sites. Contractor’s employees are NOT to be accompanied in their work area by
acquaintances, family members, assistants, or any other person unless said
person is an authorized employee of the contractor.
2.6.15 All work must comply with Environmental Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and any state, County, or local
regulations in effect at each service location. Contractor shall adhere to all
regulations, rules, ordinances, and standards set by Federal, state, County, and
municipal governments pertaining to safety on the job site. If the contractor is found
not to be in compliance with Federal, state, County, and/or municipal safety rules,
ordinances, policy, procedure, or codes, the County may, in accordance with the
“Suspension of Work” clause of the contract, suspend the work without cost to the
County until such non-compliant issues are rectified to the satisfaction of the using
agency. Continued non-compliance may result in termination of the contract.
2.6.16 County may conduct audits and performance reviews throughout the term of a
contract to ensure contract compliance by the contractor.
2.7 HOURS OF SERVICE
2.7.1 Contractor shall provide telephone access 24 hours per day, 7 days per week
(24/7), 365 days per year, and respond to a call for services within 30 minutes of
receipt of a service request received via phone or email.
2.7.2 Services shall be available 24/7, 365 days per year.
2.7.3 Contractor shall respond on-site to begin work within four hours of receipt of a
service request unless arrangements have been made for a later date/time with
the County per the work order or notice to proceed.
2.7.4 The four-hour response time for non-emergency calls shall carry over to the next
working day if called into contractor’s office after 2:00 p.m. MST. The contractor
will be required to begin work by 8:00 a.m. MST the following day.
2.7.5 Contractors shall respond to emergency service requests immediately and report
on-site to begin work within two hours of an emergency service call request
regardless of the day/time of day, weekend, or holiday.
2.7.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m., MST,
Monday through Friday, excluding County holidays.
2.7.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m.,
MST, Monday through Friday.
2.7.5.3 Weekends are anytime on a Saturday or a Sunday.
2.7.5.4 Holidays are County holidays.

SERIAL 210137-S
2.7.5.5 The Facilities Management Parts Warehouse is open for deliveries
between the hours of 7:00 a.m. to 3:00 p.m. MST, weekdays, except for
County holidays.
2.7.5.6 Due to the nature of work in public buildings, FMD will dictate during
what service hours the contractor shall provide services.
2.8 DELIVERY REQUIREMENTS
2.8.1 Delivery shall be made to the County no later than 3:00 p.m. MST before the 5th
calendar day after order is received unless prior arrangements have been made
and approved in writing by the County.
2.8.2 Delivery shall be F.O.B. Destination Freight Prepaid.
2.8.3 Exceptions to the delivery schedule will be special-order items that must be
identified by the contractor to the County and approved in writing by the County.
2.8.4 Maricopa County reserves the right to obtain material on the open market in the
event vendors fail to make delivery of materials and charge any price differential
to the vendor.
2.8.5 Delivery will be made to the following address during the receiving hours of
7:00 a.m. - 3:00 p.m. MST during normal County business days:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-2501
Warehouse Specialist: 602-506-1935
2.9 SHIPPING TERMS
2.9.1 Standard shipping of goods shall arrive within five business days of order
placement, F.O.B. Destination Freight Prepaid, by the most economical method,
at the County’s warehouse or other such point as agreed between the contractor
and the County. All delivery locations are within Maricopa County.
2.9.2 Shipping costs totaling less than $50 should be considered in the contractor’s
mark-up as bid in response to the contract solicitation. Shipments which contain
only County goods, and which cost $50 or more may be reimbursed to the
contractor as a pass-through cost with no mark-up when provided with the invoice
back-up documentation.
2.9.3 If the County determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. The contractor shall determine any additional
costs associated with such delivery terms and communicate that cost to the County
as soon as costs are known.
2.9.4 The County shall not advise the contractor to proceed with an expedited shipment
until acceptable terms are agreed upon and a purchase order is issued. Upon
agreeing to the additional costs, the County shall advise the contractor to proceed.
2.9.5 Upon receipt of material(s) and invoicing, the County shall ensure that any
additional charges are in compliance with, and do not exceed, agreed to costs.
The County shall retain all documents related to these costs within the agency
purchase file.

SERIAL 210137-S
2.9.6 Contractor is responsible for shipping and handling fees related to returned items
when the items have been ordered by the contractor.
2.10 BUILDING ACCESS
2.10.1 The contractor may be provided access to County facilities at the discretion of
FMD. Keys, badges, or access cards will be provided per the following guidelines:
2.10.1.1 contractor employees may sign out a set of keys (all looped on a single
key ring) upon arrival at site, and must turn in the key set at the end of
the day or after completion of duties (as arranged with the County)
unless they are issued a permanent key; or
2.10.1.2 permanent keys may be provided to contractor employees on a case-
by-case basis; or
2.10.1.3 badges or access cards may be provided to contractor employees for
access to the job site.
2.10.2 Should an employee leave the contractor’s workforce, contractor shall immediately
notify the County and all keys, badges, and access cards must be returned to the
County.
2.10.3 The contractor shall notify the County within 24 hours if any keys, badges, or
access cards are lost, misplaced, stolen, or otherwise not within the contractor’s
control.
2.10.4 Once this agreement is complete, expired, or terminated, the contractor shall
immediately return all keys, badges, or access cards to the County.
2.10.5 Failure to comply with these requirements may result in the contractor being
assessed the cost of replacing keys, badges, or access cards and any associated
cost to ensure the security of County facilities including, but not limited to, re-keying
the entire building at the expense of the contractor.
2.11 TIME AND MATERIALS WORK, PROJECT WORK, AND PREVENTATIVE
MAINTENANCE
2.11.1 Time and Materials Work
2.11.1.1 Cost estimates for work, which will not constitute a firm fixed quote, may
be requested from contractors by County project managers. Work with
estimated costs below $10,000 may be performed either as T&M work
or may, at the County’s option, be bid among the contractors awarded
in the contract.
2.11.1.2 The County reserves the right to adjust the $10,000 T&M threshold if
such adjustment is deemed to be in the County’s best interest.
2.11.1.3 Regardless of value, repairs may be completed under a T&M work
designation except when it is deemed in the County’s best interest to bid
among contractors awarded in the contract.
2.11.1.4 Contractor will price T&M services at the contractor’s “most favored
customer” pricing/discounts under similar conditions (e.g. order sizes,
types, complexities, geographical regions, etc.). Contractors will provide
County with a full breakdown estimate of pricing prior to County issuance
of a work order/project number.

SERIAL 210137-S
2.11.1.5 T&M hourly labor rates shall include all wages, indirect costs, overhead,
profit, coordination time, general and administrative expenses, and
profit. Fractional parts (15-minute intervals) of an hour shall be payable
on a prorated basis.
2.11.1.6 All T&M work shall only require the County to issue a work order/project
number to a contractor as authorization to proceed. The work
order/project numbers shall be included on the vendor invoice.
2.11.1.7 T&M repairs may take place in response to emergency calls. Contractor
must have availability for 24/7 emergency T&M response.
2.11.2 Project Work
2.11.2.1 Project work shall mean work performed, which, in the best interest of
the County, would be more advantageous to be performed as "all
inclusive,” as opposed to time and materials. The contractor assigned to
this contract shall be provided a request for project quote containing a
detailed scope of work or shall meet with the County agency, discuss
what needs to be done, and present the County with a written quote.
2.11.2.2 Project work shall be work that has been planned and has estimated
costs in excess of $10,000. The County reserves the right to adjust the
$10,000 project threshold if deemed in the County’s best interest.
2.11.2.3 The submitted project price quote is to be all-inclusive. That is, any cost
overruns to be absorbed by the contractor, or cost savings to be
additional profit for the contractor. Exceptions to this are changes
requested by the County that incur higher project cost and longer delays.
All change order requests to a project must be in writing, referencing the
contract serial number, and must be approved by FMD (or County user
agency if request was made by them) prior to any authorization to
proceed. The contractor who fails to acquire approved change orders in
writing runs the risk of incurring these additional costs without payment.
2.11.2.4 The County may choose to negotiate with the contractor. The
responding contractor shall be required to submit all back-up
documentation (line item material costs, labor hours with rates, etc.) to
the FMD project manager within three business days of a request. This
documentation shall include all subcontractor documentation. If an
agreement cannot be reached between the County and the contactor,
either party may terminate the discussions and the County may seek to
re-bid and/or deliver the project through other procurement options.
2.11.2.5 Upon project completion, contractor will provide County with a closeout
package containing documents that County has identified in the in the
project bid. Requested documents may include, but are not limited to,
warranty letters, product list, operation and maintenance manuals, and
a vendor list.
2.11.3 Preventative Maintenance Service
2.11.3.1 A bid price based on square footage for a yearly preventative
maintenance program shall be listed on Attachment D - Pricing Sheet.
The inspection shall may consist of thermographic scanning by a level
one certified technician and written reports showing the thermographic
scanning and any deficiencies in the roofing as requested by FMD.

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2.11.3.2 Roof evaluations shall include: 1) photos 2) roof core 3) sketch, to
include indication of any leaks 4) interview with building manager to
show FMD any leaks 5) recommendations, and 6) very minor repairs or
cleaning (recommended), documented and charged at standard County
rates per Attachment D – Pricing Sheet).
2.11.3.2.1 InfraRed scan will include the report and InfraRed
images, and moisture probing at areas which appear to
be wet, marking the locations of detected moisture on the
roof.
2.11.3.2.2 Reports and pricing shall be for roof area, not per
building, and, pricing and square footage breaks shall be
based on roof size, not building size. For example, a
100,000 square feet building might have 10 separate roof
areas and each could have a different roof system, in
which case contractor would prepare 10 reports, each
with their own pricing and square footage breaks.
2.11.3.3 Contractor shall remove from the job site all debris resulting from or
incidental to roofing repairs/installation. All bitumen spills shall be
cleaned and any damage that has occurred shall be the Contractor’s
responsibility. Contractor shall not discard used roofing debris to County
trash containers.
2.11.3.4 Unexpended materials or supplies purchased by the Contractor, paid
with funds under the contract are, and will remain the property of the
County. The Contractor shall deliver all such materials to FMD.
2.11.3.5 Contractor shall be responsible for any roof drain system and vent pipes
clogged by Contractor’s roofing materials.
2.11.3.6 All Preventative Maintenance (PM) shall be performed in accordance
with industry standards and manufacturer recommendations.
2.11.3.7 Repairs may be initiated during PM service with permission of the
County. Contractor shall advise the County of the need for repairs and
a separate work order may be issued if work is approved.
2.11.3.8 PM and/or repair work shall be billed individually (per work order) and
not bundled together on an invoice.
2.11.3.9 All preventative maintenance work orders will be issued at the discretion
of the FMD.
2.12 TIME AND MATERIALS CONSUMABLES
Contractor(s) must provide all equipment, consumable shop supplies (rags, cleaners,
solvents, gases, etc.), miscellaneous parts (screws, bolts, nuts, small items, etc.), and tools
necessary to perform all required services. Contractor(s) may be allowed a one-time
consumable charge of up to $25 per work order to cover these type of expenses, at the
County’s discretion. Anything beyond the $25 limit shall be provided at the contractor’s own
expense.

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2.13 ALLOWABLE PASS-THROUGH COSTS UNDER TIME AND MATERIALS WORK (WITH
MARK-UP)
2.13.1 Authorized costs which are not listed on the pricing page shall be paid for by the
contractor and invoiced to the County. Supporting documents for any allowable
pass-through cost shall accompany each final invoice. All pass-through supporting
documents must be itemized for labor, materials, and taxes. The following fees will
be allowed a five percent administrative mark-up:
2.13.1.1 Use of subcontractors: The use of labor by subcontractors performing
any work not normally performed in the scope of roofing, and that cannot
be performed by the prime contractor (e.g. plumbing, electrical,
structural, and rigging, etc.) and that may require specialized licensing
and/or certification. Prime contractor shall be responsible for ensuring
that subcontractors have all proper documentation as required by the
County. Use of subcontractors requires prior written approval from the
County.
2.13.1.2 Equipment and tool rentals for unique County requirements: Pricing will
be charged at the rate specified in the bidder response (per project or
T&M job) with NO MARK-UP. Tools or equipment rented or charged on
a per use basis by contractors while conducting County business shall
be approved by the County in advance of work being performed.
2.13.1.2.1 Operating costs for rented equipment, which include a
condition that equipment only be operated by an employee
of the rental company, are allowable at the operator rate
designated by the rental company. Rental/Operating costs
shall be paid by the contractor and invoiced to the County.
2.13.1.3 Permits: Any permits related to the performance of County work shall be
obtained by the contractor. Permit costs shall be paid by the contractor
and invoiced to the County.
2.13.1.4 Dump fees: Any dump fees incurred by the contractor related to work
performed for the County shall be paid by the contractor and invoiced to
the County.
2.14 TRIP CHARGE
2.14.1 One-time trip charges of $50 (one charge per work order) are permitted when Time
and Materials work is requested at the following sites only:
2.14.1.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon, and
Saguaro)
2.14.1.2 County offices located in Gila Bend, AZ
2.14.1.3 County offices located in Buckeye, AZ
2.14.1.4 County offices located in Aguila, AZ
2.15 ABESTOS AND HAZERDOUS CONDITIONS ABATEMENT
2.15.1 Contractor shall notify the County immediately of any concerns regarding asbestos
or other hazardous conditions.
2.15.2 Any asbestos or other hazardous conditions discovered on the site that would
impact the repairs must be abated through a licensed asbestos (or other
hazardous condition) abatement contractor who must provide County with air
quality and disposal certificates. Abatement subcontracting can be coordinated
either by the contractor or the County.

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2.16 DEAD END CHARGE
If the contractor is unable to locate a County representative familiar with scheduled work
or is unable to gain access to the work site, the contractor shall call the County Boiler Room
(602-506-3310). A boiler room technician will give the contractors further instruction at the
time work is to be performed. If the contractor is delayed or turned away after receiving
further instructions from the boiler room technician, a $50 building access trip charge shall
be authorized by the County.
2.17 CANCELLATION COST
Any scheduled work cancelled without a minimum of 48 hours prior notice to the County
will be rescheduled with the contractor and is subject up to a 25 percent reduction of the
cost to the County.
2.18 SALVAGE
Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County
and shall be determined prior to incorporation in the contractor’s bid price. Salvageable
materials without pre-approved contractor salvage rights shall be securely stored and are
not to be transported off the site without written permission from the County. If contractor
is given salvage rights, salvageable materials shall be removed daily. On-site storage of
contractor’s salvaged materials is not permitted.
3.0 PURCHASING REQUIREMENTS
3.1 INSTALLATION
Contractor shall be responsible to install and present for inspection all services and
equipment in a complete and ready-for-use condition with all components functioning,
cleaned and tested. Contractor’s price shall include delivery and installation of all
equipment in complete operating condition.
3.2 TESTING
Unless otherwise specified, services and related materials purchased will be inspected by
the department to ensure they meet the quality and quantity requirements of the
specifications. When applicable and deemed necessary by the County, samples of the
materials may be taken at random from stock received for submission to a commercial
laboratory or other appropriate agency for analysis and tests to determine whether the
materials conform in all respects to the specifications. In cases where commercial
laboratory reports determine that the materials do not meet the specifications, the expense
of such analysis shall be borne by the contractor.
3.3 ACCEPTANCE
Upon completion, services shall be deemed accepted and the warranty period shall begin.
Successful service delivery shall be defined as a) material(s)/equipment is installed (as
necessary) and fully operational; and b) the department has deemed all service/work
completed, including but not limited to any inspection, repair, installation, design,
development, deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
3.4 WARRANTY
3.4.1 All services furnished under this contract shall conform to the requirements of this
contract.

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3.4.2 Service and/or Repair Warranty
3.4.2.1 The warranty shall cover all parts and labor for a period of one year from
formal acceptance by the County. Any manufacturer warranty beyond
one year shall be passed on to the County.
3.4.2.2 Contractor shall indicate on the price sheet the duration of the warranty
and any applicable limitations or conditions which may apply.
3.4.2.3 Contractor agrees that it will, at its own expense, provide all labor and
parts required to remove, repair or replace, and reinstall any such
defective workmanship and/or materials which becomes or is found to
be defective during the term of this warranty. Contractor shall guarantee
the services to be supplied comply with all applicable regulations.
3.5 USAGE REPORT
Contractor shall furnish the County a usage report upon request delineating the acquisition
activity governed by the contract. The format of the report shall be approved by the County
and shall disclose the quantity and dollar value of each contract item by individual unit of
measure.
3.6 BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass multiple background
checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as County general
government) to determine if the respondent is acceptable to do business with the County.
This applies to, but is not limited to, the company, subcontractors, and employees.
3.7 INVOICES AND PAYMENTS
3.7.1 Payment terms will be calculated based on the date a properly completed invoice
is received by the County.
3.7.2 Contractors shall provide the County with invoices no later than 14 days after
services and delivery of goods are completed and accepted by the County
rendered final.
3.7.3 Contractor shall submit one legible copy of their detailed invoice before payment(s)
will be made. Incomplete invoices will not be processed. At a minimum, the invoice
must provide the following information:
 Company name, address, and contact information
 County bill-to name and contact/requestor information
 Building name and building number
 County purchase order number (if applicable)
 Contract serial or e-procurement platform agreement number (if applicable)
 Work order/project number (if applicable)
 Invoice number and date
 Payment terms as stated in the agreement (if applicable)
 Date of service or delivery (for project work: use “completion date”)
 Arrival and completion time (if applicable)
 Quantity (number of days or weeks) (if applicable)
 Contract item number(s) (if applicable)
 Description of purchase (product or services)

SERIAL 210137-S
 Pricing per unit of purchase (must include vendor cost, mark-up/discount, and
extended price)
 Line item description of parts and materials (Time and Materials work)
 Line item labor breakdown: arrival and completion time, rate per hour
multiplied by number of hours by personnel type (Time and Materials work)
 Extended price
 Expedited shipping cost (pre-approved by the County)
 Freight (if applicable)
 Total amount due with tax amounts separated (Time and Materials work). (On
a separate line, clearly indicate the tax rate being applied).
3.7.4 Time and material commodities must be billed as a separate line item on the
invoice.
3.7.5 Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order. FMD questions regarding billing or invoicing should go to
FMD accounts payable (FMD-AccountsPayable@mail.maricopa.gov).
3.7.6 Payment shall only be made to the contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the contractor shall complete the
Vendor Registration Form accessible through the County Department of Finance
Vendor Registration website at https://www.maricopa.gov/5169/Vendor-
Information.
3.7.7 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.7.8 EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers.
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.8 APPLICABLE TAXES
3.8.1 It is the responsibility of the contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
3.8.2 The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds over payment
of a project due to tax consideration that was not due, the contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
3.8.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state,
and local taxes applicable to their operation and any persons employed by the
contractor. Contractor shall, and require all subcontractors to, hold the County
harmless from any responsibility for taxes, damages, and interest, if applicable,
contributions required under Federal and/or State and local laws and regulations,

SERIAL 210137-S
and any other costs including: transaction privilege taxes, unemployment
compensation insurance, Social Security, and Workers’ Compensation. Contractor
may be required to establish, to the satisfaction of County, that any and all fees
and taxes due to the City or the State of Arizona for any license or transaction
privilege taxes, use taxes, or similar excise taxes are currently paid (except for
matters under legal protest).
3.9 PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed performance requirements.
The County reserves the right to obtain services on the open market in the event the
contractor fails to perform, and any price differential will be charged against the contractor.
3.10 POST AWARD MEETING
Contractor may be required to attend a post-award meeting with the department to discuss
the terms and conditions of this contract. This meeting will be coordinated by the procurement
officer of the contract.
3.11 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the SAVE Cooperative Purchasing Agreement, and with the
concurrence of the successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If you do not want to
grant such access to a member of SAVE, state so in your bid. In the absence of a statement
to the contrary, the County will assume that you do wish to grant access to any contract
that may result from this bid. The County assumes no responsibility for any purchases by
using entities.
3.12 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements
allow those entities, with the approval of the contractor, to purchase their requirements
under the terms and conditions of the County contract. It is the responsibility of the non-
County government entity to perform its own due diligence on the acceptability of the
contract under its applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this contract if it meets
their individual requirements. Other governmental agencies may enter into a separate
Statement of Work with the contractor to meet their own requirements. The County is not
a party to any uses of this contract by other governmental entities.
4.0 CONTRACTUAL TERMS & CONDITIONS
4.1 CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a
term of one year.
4.2 OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor, renew the term
of this contract up to a maximum of five additional year(s), (or at the County’s sole
discretion, extend the contract on a month-to-month basis for a maximum of six months
after expiration). Contractor shall be notified in writing by the Office of Procurement
Services of the County’s intention to renew the contract term at least 60 calendar days
prior to the expiration of the original contract term.

SERIAL 210137-S
4.3 CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all reasonable efforts for
an orderly transition of its duties and responsibilities to another provider and/or to the
County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the
transfer of all records and other data in the possession, custody, or control of the contractor
that are required to be provided to the County either by the terms of this agreement or as
a matter of law. The provisions of this clause shall survive the expiration or termination of
this agreement.
4.4 PRICE ADJUSTMENTS
4.4.1 Any requests for reasonable price adjustments must be submitted 60 calendar
days prior to the contract expiration. Requests for adjustment in cost of labor
and/or materials must be supported by appropriate documentation. The
reasonableness of the request will be determined by comparing the request with
the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County will issue written approval of the change and
provide an updated version of the contract. The new change shall not be in effect
until the date stipulated on the updated version of the contract.
4.5 INDEMNIFICATION
4.5.1 To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
4.5.3 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
4.5.4 The scope of this indemnification does not extend to the sole negligence of County.
4.6 INSURANCE
4.6.1 Contractor, at contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of

SERIAL 210137-S
County. The form of any insurance policies and forms must be acceptable to
County.
4.6.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
4.6.3 In the event that the insurance required is written on a claims-made basis,
contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
4.6.4 Contractor’s insurance will be primary insurance as respects County, and any
insurance or self-insurance maintained by County will not contribute to it.
4.6.5 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
4.6.6 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
4.6.7 The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
4.6.8 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of contractor’s work or service.
4.6.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
4.6.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance with a limit of not less
than $2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any
provisions which would serve to limit third-party action over claims.
There shall be no endorsement or modifications of the CGL limiting the
scope of coverage for liability arising from explosion, collapse, or
underground property damage.

SERIAL 210137-S
4.6.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the contractor’s
owned, hired, and non-owned vehicles assigned to or used in
performance of the contractor’s work or services or use or maintenance
of the premises under this contract.
4.6.9.3 Workers’ Compensation
4.6.9.3.1 Workers’ Compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
4.6.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the Workers’
Compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
4.6.9.4 Certificates of Insurance
4.6.9.4.1 Prior to contract award, contractor shall furnish the County
with valid and complete certificates of insurance, or formal
endorsements as required by the contract in the form
provided by the County, issued by contractor’s insurer(s),
as evidence that policies providing the required coverage,
conditions, and limits required by this contract are in full
force and effect. Such certificates shall identify this contract
number and title.
4.6.9.4.2 In the event any insurance policy(ies) required by this
contract is (are) written on a claims-made basis, coverage
shall extend for two years past completion and acceptance
of contractor’s work or services and as evidenced by annual
Certificates of Insurance.
4.6.9.4.3 If a policy does expire during the life of the contract, a
renewal certificate must be sent to County 15 calendar days
prior to the expiration date.
4.6.9.5 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance
requirements of this contract, contractor’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially
changed for any reason without 30 calendar days prior written notice to
Maricopa County. Contractor must provide notice to Maricopa County,
within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly

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to Maricopa County Office of Procurement Services and shall be mailed
or hand delivered to 160 South 4th Avenue, Phoenix, AZ 85003, or
emailed to the procurement officer noted in the solicitation.
4.7 FORCE MAJEURE
4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes will include acts of God/nature
(including fire, flood, earthquake, storm, hurricane, or other natural disaster), war,
invasion, act of foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, and interruption or failure of electricity or
telecommunication service.
4.7.2 Each as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use
best efforts to remedy the situation and remove, as soon as practicable, the cause
of its inability to perform or comply.
4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
4.8 ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
4.9 AVAILABILITY OF FUNDS
4.9.1 The provisions of this contract relating to payment shall become effective when
funds assigned for the purpose of compensating the contractor as herein provided
are actually available to County for disbursement. The County will be the sole
judge and authority in determining the availability of funds under this contract.
County will keep the contractor fully informed as to the availability of funds.
4.9.2 If any action is taken by any state agency, Federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under,
or in connection with, this contract, County may amend, suspend, decrease, or
terminate its obligations under, or in connection with, this contract. In the event of
termination, County will be liable for payment only for services rendered prior to
the effective date of the termination, provided that such services are performed in
accordance with the provisions of this contract. County will give written notice of
the effective date of any suspension, amendment, or termination under this
section, at least 10 days in advance.
4.10 PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card ( VISA or Mastercard) to make payment for
orders under this contract.

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4.11 INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
4.12 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
4.13 PURCHASE ORDERS
4.13.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the contractor for actual and documentable costs incurred by the
contractor in response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
4.13.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
4.14 SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
4.15 STOP WORK ORDER
4.15.1 The procurement officer may, at any time, by written order to the contractor, require
the contractor to stop all, or any part, of the work called for by this contract for a
period of 90 calendar days after the order is delivered to the contractor, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
4.15.1.1 cancel the stop work order; or
4.15.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
4.15.2 The procurement officer may make an equitable adjustment in the delivery
schedule and/or contract price, and the contract shall be modified, in writing,
accordingly, if the contractor demonstrates that the stop work order resulted in an
increase in costs to the contractor.

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4.16 TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.17 TERMINATION FOR DEFAULT
4.17.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
4.17.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
4.17.1.2 make progress, so as to endanger performance of this contract; or
4.17.1.3 perform any of the other provisions of this contract.
4.17.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
4.18 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County
may cancel any contract without penalty or further obligation within three years after
execution of the contract, if any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County is at any time, while the
contract or any extension of the contract is in effect, an employee or agent of any other
party to the contract in any capacity or consultant to any other party of the contract with
respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the
County may recoup any fee or commission paid or due to any person significantly involved
in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County
from any other party to the contract arising as the result of the contract.
4.19 OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the contractor any amounts contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
4.20 SUBCONTRACTING
4.20.1 Contractor may not assign to another contractor or subcontract to another party
for performance of the terms and conditions hereof without the written consent of
the County. All correspondence authorizing subcontracting must reference the bid
serial number and identify the job or project.
4.20.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s
rate, as bid in the pricing section, unless the prime contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime contractor’s
invoice.

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4.21 AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
4.22 ADDITIONS/DELETIONS OF SERVICES
The County reserves the right to add and/or delete services to a contract. If additional
services are required from a contract, prices for such additions will be negotiated between
the contractor and the County.
4.23 RIGHTS IN DATA
4.23.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
4.23.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
4.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.24.1 In accordance with section MC1-374 of the Maricopa County Procurement Code,
the contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions which could be more than six years, whichever is latest. The
County, Federal or State auditors and any other persons duly authorized by the
department shall have full access to and the right to examine, copy, and make use
of, any and all said materials.
4.24.2 If the contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
4.25 AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the contractor equal to the amount
of the disallowance, or to require reimbursement forthwith of the disallowed amount by the
contractor by issuing a check payable to Maricopa County.
4.26 STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.

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4.27 VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
4.28 SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
4.29 RELATIONSHIPS
4.29.1 In the performance of the services described herein, the contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the contractor.
4.29.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
4.30 NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin.
4.31 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
4.32 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1 The undersigned (authorized official signing on behalf of the contractor) certifies
to the best of his or her knowledge and belief that the contractor, its current officers,
and directors:
4.32.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
4.32.1.2 have not within a three-year period preceding this contract:
4.32.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract;

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4.32.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
4.32.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, state or local)
transaction or contract;
4.32.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
4.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
4.32.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
4.32.3 Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract. If this clause is applicable to a
subcontractor, the contractor shall include the information required by this clause
with their bid.
4.33 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.33.1 By entering into the contract, the contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). Contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the procurement officer
upon request. These warranties shall remain in effect through the term of the
contract. Contractor and its subcontractors shall also maintain Employment Eligibility
Verification forms (I-9) as required by the Immigration Reform and Control Act of
1986, as amended from time to time, for all employees performing work under the
contract and verify employee compliance using the E-Verify system and shall keep
a record of the verification for the duration of the employee’s employment or at least
three years, whichever is longer. I-9 forms are available for download at
www.uscis.gov.
4.33.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.33.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
contractor or any of its subcontractors are not in compliance, the County will consider
this a material breach of the contract and may pursue any and all remedies allowed
by law, including, but not limited to: suspension of work, termination of the contract
for default, and suspension and/or debarment of the contractor. All costs necessary
to verify compliance are the responsibility of the contractor

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4.34 CONTRACTOR LICENSE REQUIREMENT
4.34.1 Contractor shall procure all permits, insurance, and licenses, and pay the charges
and fees necessary and incidental to the lawful conduct of his/her business, and
as necessary complete any requirements, by any and all governmental or non-
governmental entities as mandated to maintain compliance with and remain in
good standing. Contractor shall keep fully informed of existing and future trade or
industry requirements, and Federal, State, and local laws, ordinances, and
regulations which in any manner affect the fulfillment of a contract and shall comply
with the same. Contractor shall immediately notify both Office of Procurement
Services and the department of any and all changes concerning permits,
insurance, or licenses.
4.34.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
4.35 INFLUENCE
4.35.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
4.35.2 An attempt to influence includes, but is not limited to:
4.35.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent to
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
4.35.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
4.35.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY
COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT
SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS
THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH
THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION,
ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT
AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
4.36 CONFIDENTIALITY
In the course of the solicitation process, the County may disclose information that is
proprietary or confidential. By submitting a bid to the solicitation, the offeror agrees that,
except as necessary to prepare a response to this solicitation, neither it nor its agents or
employees will communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of these discussions
without the express written authorization of the County. If the offeror does disclose County

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proprietary or confidential information to a third-party in preparing a response to this
solicitation, it shall require the third-party to acknowledge and comply with this provision.
4.37 CONFIDENTIAL INFORMATION
4.37.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the contractor’s obligation regarding such information.
4.37.2 Contractor shall establish and maintain procedures and controls that are adequate
to assure that no information contained in its records and/or obtained from the
County or from others in carrying out its functions (services) under the contract
shall be used by or disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract. Contractor’s procedures
and controls, at a minimum, must be the same procedures and controls it uses to
protect its own proprietary or confidential information. If, at any time during the
duration of the contract, the County determines that the procedures and controls
in place are not adequate, the contractor shall institute any new and/or additional
measures requested by the County within 15 business days of the written request
to do so.
4.37.3 Any requests to the contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
4.38 PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the records manager at the Maricopa County Office of Procurement Services.
Offers shall be open to public inspection and copying after contract award and execution,
except for such offers or sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offeror believes that information in
its offer or any resulting contract should not be released in response to a public record
request, under Arizona law, the offeror shall indicate the specific information deemed
confidential or proprietary and submit a statement with its offer detailing the reasons that
the information should not be disclosed. Such reasons shall include the specific harm or
prejudice which may arise from disclosure. The records manager of the Office of
Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code.
4.39 INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes all prior negotiations, proposals, communications, understandings,
representations, or agreements, whether oral or written, expressed, or implied.
4.40 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
4.41 GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.