210050-CONTRACT.PDF

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COMPETITION IMPRACTICABLE CONTRACT: SOUTHEAST JUSTICE CENTER –
CIVES STEEL COMPANY
1.0 INTENT
1.1 The intent of this contract is to establish a contract with Cives Steel Company to supply the
structural steel and related services for the construction of the Southeast Justice Center, 222
E. Javelina Ave, Mesa, AZ 85210.
2.0 SCOPE OF SERVICES
2.1 Cives Steel Company will supply the structural steel and related services for the Southeast
Justice Center in accordance with the contract between Johnson Carlier and Cives Steel
Company – Subcontract Agreement 20026-2183 October 5, 2020 (Hereinafter referred as
Exhibit A). The contract value is based upon the remaining balance of monies owed as
documented in the final pay application from Cives Steel Company to Johnson Carlier and
attached as Exhibit B.
2.2 All materials supplied under this contract shall be stored rent free on-site at the Cives Steel
Company location until delivery is required by the County or the County’s construction
contractor when selected by the County as noted in section 2.3.
2.3 Cives Steel Company agrees that any remaining obligations under this contract (210050-
CI) will be assumed by the General Contractor/Construction Manager at Risk AFTER
MARICOPA CONTRACT 210048-CMR is AWARDED.
2.4 CONTRACTOR QUALIFICATIONS
2.4.1 Contractor(s) shall be licensed to perform all work contemplated in this contract.
2.4.2 Contractor(s) shall comply with all other requirements listed in the Scope of
Services.
2.4.3 Contractor shall be responsible for obtaining and transporting equipment to and
from the job site. In this regard, the contractor shall:
2.4.3.1 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.
2.4.3.2 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

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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.
2.4.3.3 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.
2.4.4 The contractor shall perform all services in such a manner that County property is
not damaged.
2.4.4.1 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.
2.4.4.2 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.
2.4.5 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.
2.4.6 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.
2.4.7 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
2.4.8 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.

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2.4.9 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.
2.4.10 County may conduct audits and performance reviews throughout the term of a
contract to ensure contract compliance by the contractor.
3.0 PURCHASING REQUIREMENTS
3.1 DELIVERY
3.1.1 It shall be the Contractor’s responsibility to meet the proposed delivery
requirements. Contractor shall notify the County project manager if the requested
delivery date and/or the anticipated lead time cannot be met.
3.1.2 Failure to communicate to County changes in the order status may result in default
proceedings.
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
All services furnished under this contract shall conform to the requirements of this contract.
3.4.1 Service and/or Repair Warranty
3.4.2 Project and/or New Installation Warranty
Project and/or new installation 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.

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3.5 INVOICES AND PAYMENTS (THIS SECTION REPLACES ARTICLE 4 OF THE
AGREEMENT BETWEEN CIVES AND JOHNSON CARLIER- TEXTURA-CPM)
3.5.1 Payment terms will be calculated based on the date a properly completed invoice
is received by the County.
3.5.2 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.
3.5.3 Application for Payment will not be accepted and processed until the Owner or
Owner’s Representative is satisfied that the Work is satisfactorily completed,
including "punch list" items and Commissioning Issues List; and that all manuals,
documents, warranties, guarantees, and Record Documents, as required by the
Specifications, have been received and accepted by the Owner or Owner’s
Representative
3.5.4 PAYMENT FOR OFF-SITE STORED MATERIALS:
Payment shall be made for materials and equipment suitably stored, off Project
Site at the Cives Steel location as agreed upon by the parties. Payment for
materials and equipment stored off the Project Site shall be conditioned upon (1)
compliance by the Contractor with procedures satisfactory to County to protect the
County’s interest, (2) property insurance, and (3) transportation to the Project Site.
The County will not consider requests to pay for items off site that are damaged or
otherwise defective. County and/or Project Manager may request inspection of off-
site materials prior to the acceptance for payment. All costs associated with
inspection of off-site materials and equipment, exclusive of time, shall be borne by
Contractor, and Contractor shall be responsible for all arrangements.
3.5.5 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:
• 1. Heading completed in full
• 2. Original contract sum
• 3. Change order summary completed (if applicable)
• 4. Net change by Change Order
• 5. Contract sum to date
• 6. Total completed and stored to date
• 7. Total earned, less retainage
• 8. Amount of previous payments
• 9. Current payment due
• 10. Balance to finish
3.5.6 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).
3.5.7 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.

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3.5.8 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.5.9 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.
3.6 APPLICABLE TAXES
3.6.1 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.
3.6.2 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.
3.6.3 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,
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).
3.6.4 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.
4.0 CONTRACTUAL TERMS & CONDITIONS
4.1 CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed price purchasing for a 365 Calendar Day
duration to supply structural steel for the SE Justice Courts.
4.2 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

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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.
4.3 FORCE MAJEURE
4.3.1 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 include, but are not limited to
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, and pandemic.
4.3.2 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.
4.3.3 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.
4.4 AVAILABILITY OF FUNDS
4.4.1 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.
4.4.2 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.
4.5 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

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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.
4.6 STOP WORK ORDER
4.6.1 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:
4.6.1.1 cancel the stop work order; or
4.6.1.2 terminate the work covered by the order as provided in the Termination for
Default or the Termination for Convenience clause of this contract.
4.6.2 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.
4.7 TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.8 TERMINATION FOR DEFAULT
4.8.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
4.8.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
4.8.1.2 make progress, so as to endanger performance of this contract; or
4.8.1.3 perform any of the other provisions of this contract.
4.8.2 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.
4.9 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

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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.
4.10 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.
4.11 SUBCONTRACTING
4.11.1 Outside of the sub-contractors identified in Exhibit A, the 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.
4.11.2 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.
4.12 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.
4.13 ADDITIONS/DELETIONS OF SERVICES
The County reserves the right to add and/or delete services to a contract through mutual
agreement with the contractor. If additional services are required from a contract, prices
for such additions will be negotiated between the contractor and the County.
4.14 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.14.1 In accordance with section MC1-373 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.
4.14.2 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.

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4.15 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.
4.16 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.
4.17 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.
4.18 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.
4.19 RELATIONSHIPS
4.19.1 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.
4.19.2 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.
4.20 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. (Arizona Executive Order 2009-09
can be downloaded from the Arizona Memory Project at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
4.21 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.

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4.22 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.22.1 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:
4.22.1.1 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;
4.22.1.2 have not within a three-year period preceding this contract:
4.22.1.2.1 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;
4.22.1.2.2 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;
4.22.1.3 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;
4.22.1.4 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
4.22.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
4.22.2 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.
4.22.3 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.
4.23 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.23.1 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

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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.
4.23.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.34.1 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
4.24 CONTRACTOR LICENSE REQUIREMENT
4.24.1 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.
4.24.2 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.
4.25 INFLUENCE
4.25.1 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.
4.25.2 An attempt to influence includes, but is not limited to:
4.25.3 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.
4.25.4 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

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provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
4.25.5 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.
4.26 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
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.
4.27 CONFIDENTIAL INFORMATION
4.27.1 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.
4.27.2 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.
4.27.3 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.
4.28 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.

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4.29 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.
4.30 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.
Order of Precedence
If there are any conflicts between the contract and Exhibit A, the contract shall prevail.

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ATTACHMENT A: AGREEMENT PAGE
Cives Corporation (Cives) hereby certifies that it has read, understands, and agrees to this binding contract. Cives agrees
to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments
thereto, together with the specifications and other documentary forms herewith made a part of this specific agreement.
16-0955800 046545398
CIVES CORPORATION
FIRM FEDERAL TAX ID # DUNS #
Christopher Bowen - General Manager
PRINTED NAME AND TITLE AUTHORIZED SIGNATURE
13501 W. Joe R. Ramirez Rd. 480-535-0133 480-535-0133
ADDRESS TELEPHONE # FAX #
El Mirage, Arizona 85335 03/05/2021
CITY STATE ZIP DATE
www.cives.com cbowen@cives.com
WEBSITE URL EMAIL
MARICOPA COUNTY, ARIZONA
BY:
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
03/05/2021
DEPUTY COUNTY ATTORNEY DATE

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EXHIBIT A:
Subcontractor Agreement No. 20026-2183: October 5, 2020 between Johnson Carlier and Cives Corporation dba Cives Steel
Company South-West.

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EXHIBIT B
FINAL PAYMENT APPLICATION BETWEEN CIVES STEEL COMPANY AND JOHNSON CARLIER
This payment application shows the original contract value less any payments received by Cives
Steel Company for work performed under the now cancelled contract between Cives Steel Company
and Johnson Carlier for the Southeast Justice Center Project. Then resulting balance remaining on
this payment final application will be used as the initial amount of this contract between Maricopa
County and Cives Steel Company for the completion of the contracted services. Retainage will be
administered by the County as detailed in the original contract with Johnson Carlier.
CIVES STEEL
Original Contract $2,412,000.00
Change Orders - CO#2 $7,015.00
Total Contract $2,419,015.00
Cives Steel Completed and Stored to Johnson Carlier Thru Pay App #5 $1,243,670.80
Retention Held $124,367.08
Cives Steel Actually Paid Thru Pay App #5 $1,119,303.72
Cives Steel Maricopa County Contract Amount $1,299,711.28
Conditions to Final Payment. Final Payment to the Contractor shall be made within thirty-five (35) days after
compliance by the Contractor. Neither Final Payment nor any remaining retainage shall become due until
the Contractor submits to the Owner (1) an affidavit acknowledging that all Subcontractors, payrolls, bills
for materials and equipment, and other indebtedness connected with the Work will be paid or otherwise
satisfied once final payment is made, (2) the written consent of the Surety to Final Payment, (3) a conditional
waiver of liens from the Contractor. The Contractor shall also indemnify, defend, and hold harmless the
Indemnities against liens by any Subcontractor (collectively “Final Payment”). Within fourteen (14) days
after final payment, the Contractor shall provide an unconditional waiver of all Contractor liens. Release of
retention and/or securities in lieu of retention shall not occur until an unconditional waiver has been received
for the actual work. If the Owner prefers to accept Work that is not in accordance with the requirements of
the Contract, the Owner may do so instead of requiring its removal and correction, in which case the
Contract Sum will be reduced as appropriate and equitable for the difference in value together with an
allowance for damage or loss of quality. Such adjustment shall be effected whether or not Final Payment
has been made.

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EXHIBIT C
SCHEDULE
Steel erection dates will be mutually negotiated between the CMR, the County and Cives Steel Company
after selection and award of a CMR contract by the County.
Within 77 Calendar Days from issuance of NTP, Cives Steel Company will complete the structural steel
fabrication. If stairs/rails and deck are also released they will be fabricated in roughly the same time frame
and available to support the steel erection.
Duration for structural steel erection is 9 weeks once the site is ready and the erector can mobilize (this is
in accordance with Cives Steel Company contract with Johnson Carlier). Note that this duration does
include deck install, but does not include misc metals (many of the misc metals items are dependent on
completion of other trades). Also note, there is an amount of coordination between masonry and structural
steel that was not fully developed by Johnson Carlier and will need to be addressed. Depending on
sequencing, etc this could extend the steel erection duration but Cives Steel Company will work with all
parties to minimize this. If Cives Steel Company is not impeded by the mason or other trades completion
of the steel erection would occur in the 9 week duration.
As discussed, Cives Steel Company will complete their scope of work per their contract documents from
Johnson Carlier and their agreed upon contract price with Johnson Carlier. Cives Steel Company will also
store the fabricated materials at their location for a reasonable amount of time (i.e. delivery in 2021) at no
additional cost.