200007-CONTRACT -SIGNED BY VENDOR.PDF
Extracted text (via pymupdf_layout)
89734 characters
CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
MCDOT HVAC Upgrades
Office of Procurement Services
Serial # 200007-DBB
Contract # 200007-DBB
C-
Project # 200007-DBB
Facilities Management Department
MARICOPA COUNTY, ARIZONA
CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this 16th day of August, 2019, by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
Pueblo Mechanical & Controls, LLC hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of
Three Million, Two Hundred Twenty-One Thousand, Nine Hundred Forty-Nine Dollars. and No
Cents ($3,221,949.00)
Unit prices, if any, are as follows:
$1,964,635.00-Base Bid
$886,068.00-A I ternate I
$82,926.00-Alternate 3
$288,320,00-Alternate
to be paid to him by the COUNTY, in the manner and at the times hereinafter provided, and in consideration
of the other covenants and agreements herein contained, hereby agrees for itself, its heirs, executors,
administrators, successors, and assigns as follows:
ARTICLE I - SCOPE OF WORK: CONTRACTOR shall construct, and complete in a workmanlike
manner and to the satisfaction of the FM Director, a project for the Maricopa County FMD, designated
as Serial # 200007-DBB, MCDOT HVAC Upgrades, and furnish at its own cost and expense all necessary
machinery, equipment, tools, apparatus, materials, and labor to complete the work in the most workmanlike
manner according to the Plans and Specifications on file with the Maricopa County FMD, and listed herein,
together with modifications of the same and other directions that may be made by the Maricopa County
FMD as provided herein.
ARTICLE II - CONTRACT DOCUMENTS: The Contract Documents (Invitation to Bid, Plans,
Construction Special Provisions, Addenda issued prior to the execution of this Agreement, if any, General
Conditions, General Requirements, Specifications, 1Viaricopa Association of Governments (MAO) Standard
Specifications and Uniform Standard Details, and the latest revisions thereto, Maricopa County Supplement
to M.A.G. Uniform Standard Specifications for Public Works Construction, Bid, Affidavits, Performance
Bond, Payment Bond, Certificates of Insurance, and Change Orders, if any,) are by this reference made a
part of this Contract and shall have the same effect as though all of the same were fully inserted herein.
This Contract, including the Contract Documents, represents the entire and integrated agreement between
the parties and supersedes any prior negotiations, representations, or agreements, either written or oral.
All amendments to this Contract shall be in writing and approved/signed by both parties.
ARTICLE III - TIME FOR COMPLETION: CONTRACTOR further covenants and agrees at its own
cost and expense, to do all work as aforesaid for the construction of said improvements and to completely
construct the same and install the material therein, as called for by this agreement free and clear of all
claims, liens, and charges whatsoever, in the manner and under the conditions specified and within the time,
or times, stated in the Bid pamphlet and this Contract. The date for the commencement of the work will be
set by a Notice to Proceed issued by the Owner. The time for completion will be measured from the date
of commencement.
ARTICLE IV - SUBSTANTIAL COMPLETION: The CONTRACTOR shall achieve Substantial
Completion of the work not later than 180 days from the date of commencement subject to adjustments to
MCDOT HVAC Upgrades Serial it 200007-DBB
Request for Bids - Design Bid Build Pg. # 2
the Contract Time as provided for herein. Final Completion shall be achieved in 30 days after Substantial
Completion, subject to adjustments to the Contract Time as provided for herein.
ARTICLE V - PAYMENTS: For and in consideration of the satisfactory performance of the work as set
forth in the Contract Documents, which are a part hereof, and in accordance with the directions of the
COUNTY, through its Design Professional, the COUNTY agrees to pay the said CONTRACTOR the
amount earned, (and, if unit prices are applicable the sum due as computed from actual quantities of work
performed and accepted, or materials furnished at the unit bid price on the Bid made a part hereof) and to
make such payment in accordance with the requirements of A.R.S. § 34-221, as amended.
CONTRACTOR agrees to discharge its obligations and to make payments to its subcontractors and
suppliers in accordance with A.R.S. § 32-1129, the Prompt Pay Act.
ARTICLE VI- LIQUIDATED DAMAGES:
Liquidated damages are provided for in this Contract, as explained in the General Conditions to this
Contract.
Upon failure of Contractor to substantially complete the Project within the specified period of time, plus
approved time extensions, Contractor shall pay to OWNER the maximum sum of Two Hundred Forty
Dollars ($240.00) for each calendar day after the time specified in Article rv above. The actual liquidated
damages cost, including back-up will be forwarded to the Contractor. In any case the actual liquidated
damages amount shall not exceed the maximum sum indicated above. After Substantial Completion, should
Contractor fail to complete the remaining work within the time specified in Article IV above, plus approved
time extensions thereof, for completion and readiness for Final Completion, Contractor shall pay to
OWNER the maximum sum of Two Hundred Forty Dollars ($240.00) for each calendar day after the time
specified in Article IV above. The actual liquidated damages cost, including back-up will be forwarded to
the Contractor. In any case the actual liquidated damages amount shall not exceed the maximum sum
indicated above. These amounts are not penalties but are liquidated damages to OWNER for its inability
to obtain full beneficial occupancy of the Project.
ARTICLE VII - TERMINATION: The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511
A, this contract may be canceled without penalty or further obligation within three years after execution if
any person significantly involved in initiation, negotiation, 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 a Contractor to any other_party of
the contract with respect to the subject matter of the contract. Cancellation under this section shall be
effective when written notice from the COUNTY is received by all of the parties to the contract. In
addition, the COUNTY may recoup any fee or commission paid or due to any person significantly involved
in initiation, negotiation, securing, drafting or creating the contract on behalf of the COUNTY from any
other party to the contract arising as a result of the contract.
ARTICLE VIE - TERMINATION FOR DEFAULT: If the CONTRACTOR should be adjudged
bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be
appointed on account of its insolvency, the COUNTY may terminate the Contract. If the CONTRACTOR
should repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide
enough properly skilled workers or proper materials, or repeatedly disregard laws and ordinances, or fail to
meet deadlines or not proceed with work, or otherwise be guilty of a material breach of any provision of
this Contract, then the COUNTY may terminate the Contract. Prior to tei ruination of the Contract, the
COUNTY shall give the Contractor fourteen (14) calendar day's written notice. Upon receipt of such
termination notice, the Contractor shall be allowed fourteen (14) calendar days to cure such deficiencies.
In the event of termination under this paragraph, all documents, data, and reports prepared by the
CONTRACTOR under this Contract shall become the property of and be delivered to the COUNTY upon
demand. Sums claimed due by the CONTRACTOR shall not be paid until the Work has been completed
and such payment shall only be made after deduction damages caused by the default. In the event a
MCDOT HVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. # 3
termination for default is determined to be without cause, it shall be deemed to be a termination for
convenience.
ARTICLE IX.- TERMINATION FOR CONVENIENCE: The COUNTY reserves the right to terminate
the Contract, in whole or in part at any time, when in the best interests of the COUNTY without penalty or
recourse. Upon receipt of the written notice, the CONTRACTOR shall immediately stop all work, as
directed in the notice, notify all subcontractors of the effective date of the termination and minimize all
further costs to the COUNTY. In the event of termination under this paragraph, all documents, data and
reports prepared by the CONTRACTOR under the Contract shall become the property of and be delivered
to the COUNTY upon demand. The CONTRACTOR shall be entitled to receive just and equitable
compensation for work in progress, work completed and materials accepted before the effective date of the
termination. No lost "future profits" will be paid to the CONTRACTOR.
ARTICLE X - SUSPENSION OF WORK: The Owner may order the CONTRACTOR, in writing, to
suspend, delay, or interrupt all or any pat t of the work of this Contract for the period of time that the Owner
determines appropriate for the convenience of the COUNTY.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed,
or interrupted (1) by an act of the Owner in the administration of this Contract, or (2) by the Owner's failtil'e
to act within the time specified in this Contract (or within a reasonable time if not specified), an adjustment
shall be made for any increase in the cost of performance of the Contract (excluding profit) caused by the
unreasonable suspension, delay, or interruption, and the contract will be modified in writing accordingly.
However, no adjustment shall be made under this provision 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 of negligence of the Contractor, or for which an equitable adjustment is provided (or
excluded) under any other term or condition of this Contract.
A claim under this provision shall not be allowed:
For any costs incurred more than 14 days before the CONTRACTOR has notified the Owner in writing of
the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a
suspension order); and unless the claim, in an amount stated, is made 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.
ARTICLE XI - NEGOTIATION CLAUSE: Recovery of damages related to expenses incurred by
CONTRACTOR for a delay for which the COUNTY is responsible, which is unreasonable under the
circumstances and which was not within the contemplation of the parties to the contract, shall be negotiated
between CONTRACTOR and the COUNTY. This provision shall be construed so as to give full effect
to any provision in the contract which requires notice of delays, provides for neutral evaluation and
arbitration or other procedure for settlement, or provides for liquidated damages.
ARTICLE XII - COMPLIANCE WITH LAWS: CONTRACTOR is required to comply with all
Federal, State and local ordinances and regulations. CONTRACTOR'S signature on this contract certifies
compliance with the provisions of the 1-9 requirements of the Immigration Reform Control Act of 1986 for
all personnel that CONTRACTOR and any subcontl'actors employ to complete this project. The
COUNTY will perform in accordance with the provisions of the Maricopa County Procurement Code.
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 (regarding immigration) and
further acknowledges:
(1) The CONTRACTOR and its sub-contractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. §23-214, subsection A; (on e-verification, etc.). After December
31, 2007, every employer, after hiring an employee, shall verify the employment eligibility
of the employee through the e-verify program and shall keep a record of the verification
for the duration of the employee's employment or at least three years, whichever is longer.
MCDOT HVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. # 4
(2) A breach of a warranty under subsection I above, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the Contract;
(3) The COUNTY retains the legal right to inspect the papers of any CONTRACTOR or sub-
contractor employee who works on the contract to ensure that the CONTRACTOR or sub-
contractor is complying with the warranty provided under subsection I above and that the
CONTRACTOR agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.
(4) Nothing herein shall make any CONTRACTOR or sub-contractor an agent or employee
of the COUNTY.
ARTICLE XIII - SEE PROGRAM: It is Maricopa County's policy to endeavor to ensure in every way
possible that small business participation firms shall have the opportunity to provide professional services,
materials, and contractual services to the County in a nondiscriminatory manner.
ARTICLE XIV — SBE PARTICIPATION PAY FORM: This form (copy attached) is to be submitted
with each pay application or invoice. Any pay application or invoice without this form attached is subject
to rejection as not being a completed pay application or invoice pursuant to the terms of the contract.
ARTICLE XV - ANTI-DISCRIMINATION PROVISION: CONTRACTOR agrees not to
discriminate against any employee or applicant for eMployment because of race, age, color, religion, sex,
disability, or national origin, and further agrees nOt to engage in any unlawful employment practices.
CONTRACTOR further agrees to insert the foregoing provision in all subcontracts hereunder.
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 may be viewed and downloaded
at the Governor of the State of Arizona's website
http://www.azgovernor.gov/dms/upload/E0 2009 ,09.pdf which is hereby incorporated into this contract
as if set, forth in full herein. During the perfbrmance ofthis contract, CONTRACTOR shall not discriminate
against any employee, client or any or any other individual in any way because of that person's age, race,
creed, color, religion, sex, disability or national origin.
ARTICLE X'Arl— INFLUENCE: As prescribed in MCI-I202 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 unethical conduct, may be grounds for Disbarment or Suspension under MCI-902.
An at-tempt to influence includes, but is not limited to:
(1) A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type valuable contribution or subsidy;
(2) 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.
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.
ARTICLE XVII — 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 Marieopa County.
MCDOT HVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. # 5
ARTICLE XVIII— ALTERNATIVE DISPUTE RESOLUTION
Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative dispute
resolution ("ADR") process provided herein shall be the exclusive means for resolution of claims or
disputes arising under or related to the Contract, the interpretation thereof or the performance or breach by
any party thereto, including but not limited to original claims or disputes asserted as cross claims,
counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing
litigation or arbitration with third parties, if such disputes involve parties to contracts containing this ADR
provision. No changes can be made to this process without the mutual assent of the County and the
claimant. The parties have structured this procedure with the goal of providing for the prompt, efficient
and final resolution of all disputes falling within the purview of this ADR process.
Meeting of Principals. When a claim is made or a dispute (hereafter "dispute") as described in Paragraph
1.1 arises, senior representatives of the County and the claimant will meet personally within ten (10)
business days to discuss the dispute and attempt to resolve it. If, after good faith efforts, resolution is not
achieved, the dispute will proceed to mediation.
Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as single
arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar of Arizona and
have experience in construction law.
Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the parties
may enter into mediation. The parties shall jointly select a mediator. The parties may mutually agree to
waive mediation and proceed directly to arbitration. If the mediation process is requested by either party,
the mediation period shall be informal and shall not exceed sixty (60) calendar days from the selection of
the mediator. During the mediation process either party may terminate mediation on written notice to the
other party and the mediator.
Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the exclusive
method to resolve a dispute if mediation is unsuccessful, if mediation has been waived by the parties, or if
a party requests arbitration during the mediation process. Except as provided in Section 1.7.5 and 1.7.9,
the decision of the arbitrator or arbitrator panel is final and binding on the parties and not subject to further
judicial review.
A party requesting binding arbitration shall notify the other party of their demand for arbitration in writing
within seven (7) calendar days of (1) the failure of mediation; (2) waiver of mediation; or (3) of the party's
demand to terminate mediation.
If the Contractor requests arbitration it shall post a cash bond with the arbitrator in an amount agreed upon
by the parties or, in the event of no agreement, the arbitrator shall establish the amount of the cash bond to
defray the cost of the arbitration and the proceeds from the bond shall be allocated in accordance with
paragraph 1.7.7. The bond must be in the full amount agreed upon or as established by the Arbitrator to
pay the potential cost of the full arbitration proceeding. The bond must be posted with and received by the
arbitrator within five (5) calendar days after the demand for arbitration.
Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by agreement of the
parties. If the parties cannot agree on the single arbitrator, then the parties shall each submit two names to
a Judge designated by Maricopa County who shall select the single arbitrator.
For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the County's
appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator who shall be selected by the
patties' arbitrators and serve as the Chair of the arbitration panel.
MCDOT HT/AC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. # 6
The arbitration is to be convened and administered under the Revised Uniform Arbitration Act ("RUAA")
(A.R.S. § 12-3001 et seq.) and the American Arbitration Association Construction Rules shall serve as a
guideline for proceedings, thus as a supplement to the RUAA.
Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel to set
an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines that the
circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange for scheduling
of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will
commence as soon as practical but in no event later than thirty (30) calendar days after notification of
request for arbitration having been received. This deadline can be extended only with the consent of all the
parties to the dispute, or by decision of the single arbitrator or the Chair of the arbitration panel upon a
showing of good cause.
Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner that will
resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party
shall supply to the single arbitrator or arbitration panel a written pre-hearing statement which shall contain
a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description
of the subject matter of the testimony of each witness who will be called to testify, and an estimate as to the
length of time that will be required for the arbitration hearing. The single arbitrator or the Chair of the
arbitration panel shall determine the nature and scope of discovery, if any, and the manner of presentation
of relevant evidence consistent with deadlines provided herein, and the parties' objective that disputes be
resolved in a prompt and efficient manner. No discovery may be had of any materials or information for
which a privilege is recognized by Arizona law. The single arbitrator or the Chair upon proper application
shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary
or sensitive materials or information from public disclosure or other misuse. Any party may make
application to the Maricopa County Superior Court to have a protective order entered as may be appropriate
to confirm or enforce such orders of the Chair.
Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed from
working day to working day until concluded, absent a showing of good cause.
Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a hearing issue an
award. The arbitration panel shall, within ten (10) calendar days from the conclusion of any hearing, by
majority vote, issue its award. The award shall include an allocation of fees and costs pursuant to 1.7.7
herein. The award is to be in accordance with the Contract and the law of the State of Arizona.
Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be without authority
to award punitive damages, and any such punitive damage award shall be void. If an award is made against
any party in excess of one hundred thousand dollars ($100,000), exclusive of interest, arbitration fees, costs
and attorneys' fees, it shall be supported by written findings of fact, conclusions of law and a statement as
to how damages were calculated.
Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the amount asserted in
any party's claim, but shall conduct a preliminary hearing into the question of jurisdiction over the claim
as regards its amount upon application of any party at the earliest convenient time, but not later than the
commencement of the arbitration hearing. If the dispute is determined to involve less than $200,000, the
arbitration shall continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
Entry of Judgment. As provided in the RUAA, any party can make application to the Maricopa County
Superior Court for confirmation of an award, and for entry of judgment on it.
MCDOT IIVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. #7
Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Mediator or the single
arbitrator or arbitration panel, may: (i) at the request of any party, join and/or sever parties, and/or claims
arising under other contracts containing this ADR provision, and (ii) the Mediator, on his own authority, or
the single arbitrator or arbitration panel may, on its own authority, join or sever parties and/or claims subject
to this ADR process as deemed necessary for a just resolution of the dispute, consistent with the parties'
goal of the prompt and efficient resolution of disputes, provided; however, that the A/E, OWNER and
Project Professionals shall not be joined as a party to any claim made by a Contractor. Nothing herein shall
create the right by any party to assert claims against another party not arising under or related to the Contract
or not recognized under the substantive law as applicable to the dispute. Neither the Mediator nor the single
arbitrator or arbitration panel is authorized to join to the proceeding parties not in privity with the County.
The Contractor cannot be joined to any pending arbitration proceeding, without Contractor's express
written consent and unless Contractor is given the opportunity to participate in the selection of the single
arbitrator or non-County appointed arbitrator.
Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before
the mediation. All fees and costs associated with any arbitration before the single panel or arbitration panel,
including without limitation the arbitrator fees, and the prevailing party's reasonable attorneys' fees, expert
witness fees and costs, will be paid by the non-prevailing party, except as provided for herein. In the event
that Contractor is the non-prevailing party, all fees and costs as noted above shall first be paid out of the
bond posted with the arbitrator. In no event shall the Contractor's obligation to pay fees and costs be limited
to the amount of the bond posted herein. In no event shall any arbitrator's hourly fees be awarded in an
amount in excess of $250 per hour and (1) costs shall not include any travel expenses in excess of mileage
at the rate paid by Maricopa County, not to exceed a one way trip of 150 miles, and (ii) all travel expenses,
including meals, shall be reimbursed pursuant to the travel policy of Maricopa County in effect at the time
of the hearing. The determination of prevailing and non-prevailing parties, and the appropriate allocation
of fees and costs, will be included in the award by the single arbitrator or arbitration panel.
Confidentiality. Any proceeding initiated under this ADR provision shall be deemed confidential to the
maximum extent allowed by Arizona law and, except for disclosures to a party's attorneys or accountants,
no party shall make any disclosure related to the disputed matter or to the outcome of any proceeding except
to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the
parties or an award made hereunder. This provision does not affect the County's right to inform the County
Supervisors of the dispute.
Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party can petition
the Marieopa County Superior Court for interim equitable relief as may become necessary to preserve the
status quo and prevent immediate and irreparable harm to a party or to the Project pending resolution of a
dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as
may be necessary to enforce an order entered by the arbitration panel. The fees and costs incun -ed in
connection with any such equitable proceeding shall be determined and assessed in ADR.
Change Order. Any award in favor of the Contractor against the County or in favor of the County against
the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award
and the provisions of the Contract or a settlement agreement as appropriate.
Merger and Bar, Any claim asserted pursuant to this ADR process shall be deemed to Include all claims,
demands, and requests for compensation for costs and losses or other relief, including the extension of the
Contract performance period which reasonably should or could have been brought against any party that
was or could have been brought into this ADR process, with respect to the subject claim. The arbitration
panel shall apply legal principles commonly known as merger and bar to deny any claim or claims against
MCDOT HYAC Upgrades Serial # 200007-ABB
Request fbr Bids - Design Bid Build Pg. # 8
any party regarding which claim or claims recovery has been sought or should have been sought in a
previously adjudicated claim for an alleged cost, loss, breach, error, or omission.
Inclusion in Other Contracts. The Contractor shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
ARTICLE XIX UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and 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.
MCDOT HVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. # 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first
above written, in counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
MCDOT HVAC Upgrades
200007-DBI3
Principal (Signatui Date
r-Piriv\LL-•-t4 10IP1310
Printed Name Federal Tax Identification Number
03%73/ i 7to
Title Arizona Contractor's License Number
N. 031-67
Vendor Terms N1GP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chairman, Board of Supervisors Date
ATTEST:
Clerk of the Board Date
LEGAL REVIEW
Approved as to form and within the powers and
authority granted under the laws of the State of
Arizona to Maricopa County.
By:
Deputy County Attorney
Date:
MCDOT [[VAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. # 10
,--- --1 0 DATE (MM/DD/YYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME: ,-, uay n , o,. Schmidt codt
Crest Insurance Group, LLC PHONE fmc,J1o. Ektl: 520-618-2470 (NC, FAX No): 520 -618-2455
5285 East Williams Circle Suite 4500 E-MA1L ,...,,,, , ,,, .,-.. ,
Tucson AZ 85711 ADDRESS: L.,crimiutodgcrestms.com
INSURER(S) AFFORDING COVERAGE NAIC II
INSURER A: Homeland Insurance Company of New York 34452
INSURED 70PLIEBMEC1 INSURER B'
Pueblo Mechanical & Controls, Inc. INSURER C:
Pueblo Holdings, LLC
Pueblo Mechanical and Controls, LLC INSURER Dr
6771 E. Outlook Drive INSURER E t
Tucson AZ 85756 INSURER Fr
– – - — – • — REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP LIMITS
LIE TYPE OF INSURANCE INSD WVD POLICY NUMBER iMM/DD/YYYY) (MM/DD/YYYYL
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY JECT LOC LOG PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $
AUTOMOBILE LIABILITY (Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS 1-11RED ONLY AUTOS NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA L1A13 OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTIONS
WORKERS COMPENSATION PER STATUTE 0TH- ER
AND EMPLOYERS LIABILITY Y IN
ANYPROPRIELOR/PARTNER/EXECUTIVE EL, EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? N IA
(Mandatory in NH) EL. DISEASE - EA EMPLOYEE $
DESCRIPTION If yes, describe under OF OPERATIONS below EL. DISEASE - POLICY LIMIT $
A Pollution Liability Y Y 793-00-33-80-0004 6/212019 6/2/2020 3,000,000 claiming 5,000 Ded
DESCRIPTION OF OPERATIONS / LOCATIONS ( VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space Is required)
Certificate holder and others when required in a written contract or agreement are Additional insured (Pollution Liability). Coverage is Primary &
Non-Contributory (Pollution Liability). Waiver of Subrogation (Pollution Liability) applies. This form is subject to all policy forms, terms, endorsements, conditions
definitions & exclusions. Mold/Fungus are included in Pollution Liability.
RE: Any & All Projects
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Maricopa County Office of Procurement Services
320 W. Lincoln Street AUTHORIZED REPRESENTATIVE
Phoenix AZ 85003
Co4 Ro-ceial
1
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
Page 1 of 2
0 DATE (MIWDDPNYY)
ACC)REI CERTIFICATE OF LIABILITY INSURANCE 05/31/2019
L..------
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME:
Willis of Michigan, Inc. PHONE FAX 1-888-467-2378
cy. 26 Century Blvd (A/C. No. Extl: 1-877-945-7378 (A/C, No):
P . 0 , Box 305191 ADDRESS: E-MAIL certjfjcatea@willia. com
Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIC t/
INSURER A: Valley Forge Insurance Company 20508
INSURED INSURER B: National Fire Insurance Company of Ilartfor 20478
Pueblo Mechanical and Controls, LLC INSURER C: Continental Insurance Company 35289
6771 East Outlook Drive
Tucson, AZ 85756 INSURER D : Indian Harbor Insurance Company 36940
INSURER E : Continental Casualty Company 20443
INSURER F:
COVERAGES CERTIFICATE NUMBER: W11493536 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DONYYY) (mmorairrry)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 1,000,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) 15,000
6071990018 06/02/2019 06/02/2020 PERSONAL & ADV INJURY $ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X 1j71-. LOG PRODUCTS - COMP/OP AGG $ 2,000,000
$
OTHER:
AUTOMOBILE LIABILITY COMBINED (Ea accident) SINGLE LIMIT $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
MiNoEsDoNty SCHEDULED Y 6071990004 06/02/2019 06/02/2020 BODILY INJURY (Per acddent) $
HIRED NON-OWNED PROPERTY (Per accident) DAMAGE $
AUTOS ONLY AUTOS ONLY
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE 6071990035 06102/2019 06/02/2020 AGGREGATE $ 5,000,000
DED X RETENT ON $ 10,000
WORKERS COMPENSATION PER STATUTE 0TH- ER
AND EMPLOYERS' LIABILITY YI N
ANYPROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED'? N IA
(Mandatory in NH) EL. DISEASE -EA EMPLOYEE $
DESCRIPTION If yes, describe under OF OPERATIONS below EL. DISEASE - POLICY LIMIT $
LI Professional Liability CE0744620901 06/02/2019 06/02/2020 Limit $2,000,000
Deductible $25,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addlt onal Remarks Schedule, may be attached If more space Is required)
Certificate Holder and others when required by written contract are included as Additional Insureds, coverage is
Primary and Noncontributory, including a Waiver of Subrogation in regards to the General Liability and Automobile
Liability. Umbrella/Excess follows form.
SEE ATTACHED
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Maricopa County Office of Procurement Services
320 West Lincoln Street
Phoenix, AZ 85003
1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016)03) The ACORD name and logo are registered marks of ACORD
SR ID: 10037161 PATCH: 1223101
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY Pueblo NAMED INSURED Mechanical and Controls, LLC
Willis of Michigan, Inc. 6771 East Outlook Drive
POLICY NUMBER Tucson, AZ 85756
Sea Page 1
CARRIER NAIC CODE
See Page I See Page 1 EFFECTIVE DATE: See Page 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER . 25 FORM TITLE. Certificate of Liability Insurance
Re: Any & All Projects.
Additional Insureds:the County, its agents, representatives, officers, directors, officials, and employees.
INSURER AFFORDING COVERAGE: Continental Casualty Company NAIC#: 20443
POLICY NUMBER: 6071903234 EFT DATE: 06/02/2019 EXP DATE: 06/02/2020
TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT:
Installation Floater Limit $500,000
ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: 18037161 BATCH: 1223101 CERT: W11493536
.---- 7 0 DATE (MM/DD/YYYY)
ACC0RE) CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAME: CONTACT LAIL:mates Certificates ,
INSURICA / Minard-Ames Insurance Services LLC PHONE (.61C N. Ext) , 602-273- 1625 FAX mic, No: 602-273-0212
4646 E. Van Buren St., #200 E•MAIL
Phoenix AZ 85008 ADDRESS: certs@INSURICA.com
INSURER(S) AFFORDING COVERAGE NAIC II
INSURER A : CopporPoint Indemnity_InsUrance Company 13928
INSURED PUEBMECO1C INSURER B :
Pueblo Mechanical & Controls, LLC INSURER C:
6771 E. Outlook Dr.
Tucson AZ 85756 INSURER D :
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 193737897 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANcE MD 1NVD POLICY NUMBER (MM/DO(YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO FRIED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY J PRO- ECT LOC PRODUCTS - COMP/OP AGG $
$
OTHER: COMBINED SINGLE LIMIT $
AUTOMOBILE LIABILITY (Ea accIdent)
ANY AUTO BODILY INJURY (Per person) $
SCHEDULED BODILY INJURY (Per accident) $
AOUTOS HIRED WNEDONLY AUTOS NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
A WORKERS COMPENSATION Y 1018172 71912019 71012020 X 1 E-Y-ZUTE OTH- ER
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE „ E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? 1 N IA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If DESCRIPTION yes, describe under OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
A Waiver of subrogation in favor of Certificate Holder applies to the employers liability/workers compensation if required or agreed to in a written contract
subject to all provisions and limitation of the policy. Per attached forms: WC000313 4/84.
RE: Any and all projects.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Maricopa County Office of Procurement Services
320 W. Lincoln Street AUTHORIZED REPRESENTATIVE
Phoenix AZ 85003
it4441
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver: Anyone for whom you have agreed to provide this Waiver subject to the terms of this endorsement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement Is issued subsequent to preparation of the policy.)
Endorsement Effective Q7/09/2019 Policy No. 1018172 Endorsement No.
Insured: Pueblo Mechanical & Controls Inc Premium $
Insurance Company: CopperPoint Indemnity Insurance Company Countersigned by .061?
WC 00 03 13
(Ed. 4-84)
0 1983 National Council on Compensation Insurance.
CNA PARAMOUNT
CNA
Blanket Additional Insured - Owners, Lessees or
Contractors with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037; or
B. additional insured coverage with "arising out of' language; or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
10020007660172178766435 A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to
add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX (10-16) Policy No: 6071990018
Page 1 of 2 Endorsement No: 7
VALLEY FORGE INSURANCE COMPANY Effective Date: 06/02/2019
Insured Name: Pueblo Mechanical & Controls, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, inc., with its permission.
CNA PARAMOUNT
CNA
Blanket Additional Insured - Owners, Lessees or
Contractors with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation,
defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or
self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However,
if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX (10-16) Policy No: 6071990018
Page 2 of 2 Endorsement No: 7
VALLEY FORGE INSURANCE COMPANY Effective Date: 06/02/2019
Insured Name: Pueblo Mechanical & Controls, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA PARAMOUNT
CNA
Contractors' General Liability Extension Endorsement
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
23. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any
construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up)
insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (0.C.I.P.) or Contractor Controlled Insurance
Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was
involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's
ongoing operations at the project, or during such operations of anyone acting on the Named Insured's
behalf; nor
CNA74705XX (1-15) Policy No: 6071990018
Page 16 of 17 Endorsement No: 4
Valley Forge Insurance Company Effective Date: 06/02/2019
Insured Name: Pueblo Mechanical & Controls, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Policy 6071990004
Effective 6/2/2019
CNA
ADDITIONAL INSURED ENDORSEMENT CONTRACTUAL OBLIGATION
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as
follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED
BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US.
YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.
1. Paragraph A.1. Who Is An Insured of Section II — LIABILITY COVERAGE is amended to include as an
additional insured the person or organization scheduled above, but only if you are required by "written
contract" to make that person or organization an additional insured under this policy.
2. The insurance provided to the additional insured is limited as follows:
a. The person or organization is an additional insured only with respect to "bodily injury" or "property
damage" arising out of a covered' "auto" and caused by your negligent acts or omissions or the
negligent acts or omissions of someone, other than the additional insured, for whom you are legally
liable.
b. The person or organization is not an additional insured for the person or organization's own acts or
omissions, nor those of anyone, other than you, for whom the person or organization is legally liable.
c. We will not provide the additional insured any broader coverage or any higher limit of liability than the
least that is:
(1) Required by the "written contract"; or
(2) Afforded to you under this policy.
3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV — BUSINESS AUTO
CONDITIONS is amended to add the following conditions applicable to the additional insured:
An additional insured under this endorsement will as soon as practicable:
a. Give us written notice of an "accident" which may result in a claim or "suit' under this insurance, and of
any claim or "suit" that does result;
b. Agree to make available any other insurance the additional insured has for a loss we cover under this
policy;
c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation,
defense, or settlement of the claim or "suit"; and
d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose
policy or program applies to a loss we cover under this policy. But if the "written contract" requires this
insurance to be primary and non-contributory, this provision d. does not apply to insurance on which
the additional insured is a Named Insured.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a "suit."
4. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is
amended to add the following definition:
"Written contract" means a written contract or written agreement that requires you to make a person or
organization an additional insured under this policy, provided the contract or agreement:
1. Is currently in effect or becomes effective during the term of this policy; and
2. Was executed prior to the accident for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
Material used with permission of ISO Properties, Inc
POLICY NUMBER INSURED NAME AND ADDRESS
6071990004 Pueblo Mechanical and
Controls, Inc.
6771 East Outlook Drive
Tucson, AZ 85756
POLICY CHANGES
CNA71527XX - ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTO
This Change Endorsement changes the Policy. Please read it carefully.
This Change Endorsement is a part of your Policy and takes effect on the
effective date of your Policy, unless another effective date is shown.
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends
the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Persons Or Organizations
"Any person or organization that the Named Insured is obligated to
provide Insurance where required by a written contract or agreement
is an insured, but only with respect to legal responsibility for acts
or omissions of a person for whom Liability Coverage is afforded
under this policy"
1. In conformance with paragraph A.1.c. of Who Is An
Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured
under this policy.
2. The insurance afforded to the additional insured
under this policy will apply on a primary and non-
contributory basis if you have committed it to be so
in a written contract or written agreement executed
prior to the date of the "accident" for which the
additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain
unchanged.
This endorsement, which forms a part of and is for
attachment to the Policy issued by the designated Insurers,
takes effect on the effective date of said Policy at the
hour stated in said Policy, unless another effective date
is shown below, and expires concurrently with said Policy.
Secretary
G-56015-B (ED. 11/91)
6071990004
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: Pueblo Mechanical and Controls, Inc.
Endorsement Effective
Date: 6/2/2019
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY
WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU
MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"
or the "loss" under a contract with that person or organization.
INSURER CANCELLATION TERMS
NAMED INSURED: POLICY NO.:
See Page 1 See Page 1
EFFECTIVE DATE: SEE PAGE 1
Holder Name: See Page 1
Project: N/A
Should any of the above described policies be cancelled before the expiration date thereof, the Insurer
will send 30 days Notice of Cancellation to the Certificate Holder, but failure to do so shall impose no
obligation or liability of any kind upon the insurer, its agents or representatives.
Cancellation Terms Apply to the Following Coverages:
General Liability and Automobile Liability.
ADDENDUM #2
Attachment A - BID FORM
TO THE BOARD OF SUPERVISORS
MARICOPA COUNTY
PHOENIX, ARIZONA
Summary of Work:
The project consists of replacing HVAC equipment as follows: two (2) - 150 Ton water-cooled
screw Chillers; one (1) - 300 Ton BAG open looped cooling tower; 2 constant speed primary
chilled water distribution pumps; 2 constant speed condenser water distribution pumps; and five
(5) - stacked VAV AHUs. New equipment will include two (2) - 200 Ton water-cooled screw
chillers; One (1) 2-cell cooling tower (200 Tons/cell); two (2) new primary variable flow CHW
pumps (VFDs); 2 new constant speed condenser water pumps; 5 new stacked VAV AHUs, four
(4) Stairwell Fan Coil Units, and all associated HVAC controls and VFD controller panels for the
purpose of enhancing the overall system performance, energy efficient, reliability, environmental
sounds, and serviceability. All ductwork throughout the building shall be cleaned and inspected
for leakage and/or damage, with report provided to Maricopa County. All hydronic piping shall be
drained, flushed, and cleaned.
General Contractor to provide temporary air cooled chiller capable of 200 tons to support the
construction removal and replacement of all existing HVAC equipment.
Include all provisions for a temporary 200 Ton air cooled chiller with new isolation tie-ins to
existing headers.
Include provision for cleaning of all duct systems and inspection of ducts for leaks with a report
outlining the findings and corrective measure recommendations.
Gentlemen:
The following bid is made for constructing Serial # 200007-DBB, MCDOT HVAC Upgrades, in the County
of Maricopa, State of Arizona.
The following base bid is made on behalf of: Pueblo Mechanical and Controls , and no others, in the
amount of: One million nine hundred sixty four thousand Dollars ($ 1,964,635,40
six hundred thirty five
Alternate 1 VAV Replacement: Replace 136 VAV units and digital controls interface within the
building envelope, All work shall be conducted after normal business hours. Provide all
demolition, labor, equipment and controls.
Alternate 1 Eight hundred eight six thousand sixty eight, Dollars
($ 886,068.00
Alternate-2---VA-V-R-eiseation:44-the-1-36-VAV-units-4dentifted in scope-nor-i-abover42-wili-be
Reoloced and rolocated-to-new-locations +I 30 feet-frornouffent-location,ModiffsluetwoFkrpiaing
and-controls as required. All-work-shall-4e-conducted-after--nermal busincse hourcl-Pfovide-all
demolition, labe&-equiernent-and-GOntfeiS,
MC DOT HVAC Upgrades Serial #200007-DBB
ADDENDUM #2
Alternate 2 Dollars
Alternate 3 - Epoxy Coating: Complete new epoxy coating for the chiller room, penthouses,
cooling tower floor and indoor ahu location. Provide epoxy coating 4" above finished floor where
concrete exists and Rubber base epoxy in the chiller room.
Alternate 3 Eight two thousand nine hundred twenty six. Dollars
($ 82,926.00
Alternate 4 — Additional Temporary Penthouse Cooling: Additional Penthouse Temporary
Cooling shall include but is not limited to, two (2) Roof mounted air handlers to be located near
the penthouses. The first penthouse will have the temporary AHUs while the other remains
operational. After the work is completed for the first penthouse, the units will be moved to the
second penthouse. Provide all temporary power for the AHUs, provide new straight Tees with
isolation valves to the existing supply/return headers, remove existing EA louver/doors to facilitate
the routing of the temporary main supply air and return flex ducts, provide chilled water piping,
CD, control connections.
Alternate 4 Two hundred eighty eight thousand three hundred twenty. Dollars
($ 288,320,00
The maximum allowable overhead rate and profit rate applicable to any future project change orders or
revisions shall be:
Overhead Rate: 10%
Profit Rate: 5%
Evidence of authority to submit the bid is herewith furnished. The bid is in all respects fair and is made without
collusion on the part of any person, firm, or corporation mentioned above, and no member or employee of
the Board of Supervisors is personally or financially interested, directly or indirectly, in the bid, or in any
purchase or sale of any materials or supplies for the work to which it relates, or in any portion of the profits
thereof.
The Undersigned certifies that the approved plans, construction special provisions, forms of contract, bonds,
and sureties authorized by the Board of Supervisors and constituting essential parts of this bid, have been
carefully examined and also that the site of the work has been personally inspected.
The Undersigned declares that the amount and nature of the work to be done is understood and that at no time
will misunderstanding or the plans, construction special provisions, bid/contract documents or conditions to
be overcome, be pled. On the basis of the plans, construction special provisions, bid/contract documents, the
forms of contract, bonds, and sureties proposed for use, the Undersigned shall furnish all the necessary
machinery, equipment, tools, apparatus, and other means of construction, to do all the work and to furnish all
the materials in the manner specified and to finish the entire project within the time promised and to accept,
as full compensation therefore, the sum of various products obtained by multiplying each unit price, herein
bid for the work or materials, by the quantity thereof actually incorporated in the complete project, as
determined by the Engineer.
MC DOT HVAC Upgrades Serial #200007-DBB
ADDENDUM #2
The Undersigned understands that the quantities mentioned herein are approximate only and are subject to
increase or decrease and hereby promises to perform all quantities of work, as either increased or decreased,
in accordance with the provisions of the construction special provisions, at the unit bid price in the bidding
schedule.
The Undersigned shall perform all extra work that may be required on the basis provided in the construction
special provisions and to give such work personal attention and to secure economic performance.
The Undersigned shall further execute the Contract Agreement and furnish satisfaetoty Bonds and Sureties
within 10 days of receipt ofNotice of Bid acceptance, TIME BEING OF THE ESSENCE. The Undersigned
further proposes to begin work as specified in the Contract attached hereto, and to complete the work within 180
CALENDAR DAYS from the effective date specified in the Notice to Proceed, and maintain at all times a
Payment and Performance Bond, approved by the Board of Supervisors, each in an amount equal to 100
percent of the contract amount. This Bond shall serve not only to guarantee the completion of the work on
the part of the Undersigned, but also to guarantee the excellence of both workmanship and material and the
payment of all obligations incurred, said Bonds and Sureties to be in full force and effect until the work is
finally accepted and the provisions ofthe Plans, Construction Specifications, and Special Provisions fulfilled.
A bid bond in the amount and character named in the Invitation to Bid is enclosed amounting to not less than
10 percent of the total bid. The bid bond is submitted as a guaranty of the good faith of the Bidder and the
Bidder will enter into written contract, as provided, to do the work, if successful in securing the award thereof;
and it is hereby agreed that if at any time other than as provided in the bid requirements and conditions the
Undersigned should withdraw its bid, if the bid is accepted and there should be failure on the part of the
Undersigned to execute the Contract and furnish satisfactory Bonds and Sureties as herein provided, the
County of Maricopa in either of such events, shall be entitled and is hereby given the right to retain the said
bid bond as Liquidated damages.
The Undersigned has enclosed the required bid security to this Bid.
IF BY AN INDIVIDUAL:
By:
(Printed Name) (Title) (Telephone Number)
(Signature) (Date) (Fax Number)
(Address) (Email address)
IF BY A FIRM, PARTNERSHIP OR LL.C. (LIMITED LIABILITY CORPORATION):
MCDOT HVAC Upgrades Serial #200007-DBB
ADDENDUM #2
Pueblo Mechanical & Controls, LLC
6771 E Outlook Drive, Tucson AZ 85756
andyl@pueblo-mechanical.com
(Finn Address) (Email address)
**Name and Address of each Member, or each Manager of L.L.C. per Operating Agreement
Dan Buesehel - 11052 N 24th Avenue,
Phoenix AZ 85029
Pam Tolkoff - 6771 E Outlook Drive,
Tucson AZ 85756
**The name and post office address of each Member of the Firm or Partnership must be
shown, or of each Manager of an L.L.C., also address of the registered office of the L.L.C.
IF BY A CORPORATION:
(Corporate Name)*
(Corporate Address)
(Printed Name) (Title)
(Telephone_Number) (Fax Number)
(Signature) (Date) (Email Address)
MCDOT HVAC Upgrades Serial #200007-DBB
ADDENDUM #2
*Incorporated under the Laws of the State of and Names and Addresses of
Officers:
(President) (Address)
(Secretary) (Address)
(Treasurer) (Address)
*The name of the State under which the Laws of the Coiporation was Chartered, and the
name,
title, and business address of the President, Secretary, and Treasurer must be shown.
MC DOT HVAC Upgrades Serial #200007-DBB
ADDENDUM #2
Attachment B - SUBCONTRACTOR LISTING
SUBMIT THIS ATTACHMENT B:
1). With Your Bid Package,
2). Within 24 hours after this solicitation's due date
The following is a listing of material suppliers and/or subcontractors, which will be used by
CONTRACTOR in the event the undersigned enters into a CONTRACT with the COUNTY.
No changes of the subcontractors and material suppliers named herein shall be made without the
prior written approval of the COUNTY. If submitting with 24 hours of the bid due date/time,
please email the completed Attachment B to the corresponding procurement officer and
note that in the fields below.
Trane
Climatee
J.F. Ellis
CPR Electric
K.M. Facilities Services
Karber Mechancial Insualtion
HVAC Solutions
(Title)
8/12/19
(Date)
MCDOT HVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. #19
Attachment C - LEGAL WORKER CERTIFICATION
8/12/19
(Date)
Maricopa County
Office of Procurement Services — Article 5
160 S 4th Avenue
Phoenix, Arizona 85003
As required by A.R.S. § 41-4401, Maricopa County (the "County") is prohibited, after September 30,
2008, from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply
with A.R.S. § 23-214-A. The undersigned entity warrants that it complies fully with all federal
immigration laws and regulations that relate to its employees, that it shall verify, through the
employment verification pilot program as jointly administered by the U.S. Department of Homeland
Security and the Social Security Administration or any of its successor programs, the employment
eligibility of each employee hired after December 31, 2007, and that it shall require its subcontractors
and sub-subcontractors to provide the same warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any
subcontractor or sub-subcontractor under any Contract resulting from this solicitation shall be
deemed a material breach of the Contract, and is grounds for penalties, including termination of the
Contract, by the County. The County retains the right to inspect the records of the below entity,
subcontractor and sub-subcontractor employee who performs work under the Contract, and to
conduct random verification of the employment records of the below entity and any subcontractor
and sub-subcontractor who works on the Contract, to ensure that the below entity and each
subcontractor and sub-subcontractor is complying with the warranties set forth above.
Pueblo Mechanical & Controls, LLC 6771 E Outlook Drive
Firm Address Line 1
Andy Lester Tucson, AZ 85756
Print Name Address Line 2
HVAC Solutions 800,840.9170
Print Title Phone
andyl@pueblo-me 888.473.4374
Email Addre Fax
86-1027390
Date Federal Taxpayer ID Number
MCDOTHVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. #20
Attachment D - SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Pueblo Mechanical & Controls, LLC • as Principal, (hereinafter called the Principal), and
the Atlantic special y Insurance Company , a corporation duly organized under the laws of the
State of New York , as Surety, (hereinafter called the Surety), are held
and firmly bound unto Maricopa County (hereinafter called the Obligee), in the sum of 10 percent
of the total amount of the bid of Principal, submitted by him to the Obligee, for the work described
below, for the payment of which sum, well and truly to be made, the said Principal and the said
Surety, bind themselves, their heirs, executors, and administrators, successors and assigns, jointly and
severally, -firmly by these presents, and in conformance with the A.R. S.
WHEREAS, the said Principal is herewith submitting its Bid for Serial # 200007-DBB, MCDOT
HVAC Upgrades.
NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and the Principal shall enter
into a contract with the Obligee in accordance with the terms of the Bid and give the Bonds and
Certificates of Insurance as specified in the Standard Specifications with good and sufficient Surety
for the faithful performance of the contract and for the prompt payment of labor and material
furnished in the prosecution of the contract, or in the event of the failure of the Principal to enter into
the contract and give such Bonds and Certificates of Insurance, if the Principal pays to the Obligee
the difference not to exceed the penalty of the bond between the amount specified in the Bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the
work covered by the Bid then this obligation is void. Otherwise it remains in full force and effect,
provided however, that this bond is executed pursuant to the provisions of Section 34-201, A.R.S.,
and all liabilities OD this bond shall be determined in accordance with the provisions of the section to
the extent as if it were copied at length herein.
Signed and sealed this 13th day of August , 20j
Kristin D. Thurber
Agent of Record, State of Arizona
Seal
Willis of Arizona, Inc.
16220 N. Scottsdale Road, Suite #600, Scottsdale, AZ 85254 By:
Agent Address
Surety Seal
BthidNUnthr. N/A By:
Alla nt10. .800eialtV insurance Company
Power of Attorney Kristin D. Thurber, Attorney-In-Fact Seal
MCDOTHVAt! Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. #21
One Beacon Power of Attorney
I SU R A N CE GROUP
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY ]INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: David G. Jensen, Brandy L. Batch, Erin Brown, Krialln Thurber, James A. Bracy, each individually if there be more
than one named, its true and lawful Atterney-in-Fact, to make, GX C (114:, seal and deliver,* and on Its behalf as surety; any and all bonds, recognizance,s, contracts of indemnity,
and all other Writings Obligatory in the ninunitheteof; provided that no bond or undertaking executed under this authority shall cscced in mourn the sum of: sixty million
dollars ($00,000,000) and the execution of such bends, recognizanecs, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance- of these
presents, shall he as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Compaq seal. This Power Of
Attorney is made and executed by authority of the following resolutions athipted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE. COMPANY on the
twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company.any and
all bonds, recognizances, contracts of indemnity, and all other writings obligat i* in the nature thereof, and affix the seat of the Company thereto; and that the
AutheriZed Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer May at nay time Mame any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-M-
ired.
Resolved: That the Attorney-in-Fact maybe given full power and authority to execute for and in the name and on behalf or the Company any and all braids,
reeognizaneeS, contracts of indemnity, and all.other writings obligatory in the nature thereof, and any such instrument execrated by anystich Attorney-imFact shall
be as binding upon the Company as if Signed matscaled by an Authorized Officer and, further, the Attorney-in-Fact IS hereby authorized 19 wary any affidavit
required to be attached to bonds, reeognizances„ contracts of indemnity, inid all other writings obligatory in the natine thereof.
This 'newer Of attorney is signed and sealed by facsimile under the authority of the followin g Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
ReSolyed:. That the Signiitnic of an Authorized Officer, the Signature of the Secretary or the Assistant Secretary, and the Company. seal maybe affixed by
facsimile to any power ofatiOtney Or to any cedificatc.relating thereto appointing an-Attorney-in-Fact for purposesonly of executing and sealing any bond,
tindertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal Where so used, being hereby adopted by Company
as the original signature of such officer and the original scat of the Company, to be valid and binding upon the Company with the shine force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this eighth day of December, 2014.
%
FA: 49,/oPoft4r ..-"A cr1i
got SEAL %it, s
sr 1986 !01 By
STATE OF MINNESOTA yo 4b Paull Brehm, Senior Vice President
HENNEPIN COUNTY • • '
On this eighth day of December, 2014, before me personally came Paul I Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the hid ividual and officer described in and who executed the preceding instalment, and he acknowledged the execution of the same, and being by me
duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
TARA JAN ELLE STAFFORD
NOTARY PUBLIC MINNESOTA
My Commission Expires
January 31,2020 Notary Public
1106°W no- • id
L the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney
is in full force and has not been revoked, and the resolutions set forth above are now in farce.
3q
Signed and sealed. Dated day of _fi_.1)4,a___01.?
This Power of Attorney expires
October 1, 2017
James G. Jordan, Assistant Secretary
Attachment E - NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
)§
COUNTY OF MARICOPA
Andy Lester , being first duly sworn, deposes and says:
That he is HVAC Solutions of Pueblo Mechanical & Controls, LLC
(Title) (Name of Business)
bidding on 200007-DBB for the construction of MCDOT HVAC Upgrades in the County of
Marieopa, State of Arizona,
That, in connection with the above-mentioned project, neither he, nor anyone associated with the
aforesaid business, has, directly or indirectly, participated in any collusion, entered into any
contract, combination, conspiracy or other act in restraint of trade or commerce in violation of the
provisions of A,R.S. § 34-251, Article 4, as amended.
Subscribed and sworn to before me this 12 day of August , 20 19
Notary Public
LISA HUNTLEY
Notary Public - Arizona
Maricopa County
Commission A 558987
My Commission Expires: My Comm. Expires Mar 13, 2023
MCDOT HVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. #22
Attachment F - VERIFICATION OF LICENSE
Pursuant to A.R.S. § 32-1169, Thereby state that I hold a current contractor's license, duly issued by
the office of the Registrar of Contractors for the State of Arizona, said license has not been revoked,
that the license number, classification, and expiration date is: Please see below for all active licenses.
that my privilege license number (as required by
A.R.S. § 42-1305) is: All Active ; and that, if any exemption to the above licensing
requirements is claimed;
176640 I CR39 I 7/31/2020 - 173953 1 B1 13/31/2020 - 260462 I CR74 112/31/2019 - 324363 I C11 I 4/30/2021 - 323201 1 CR37 11/3112021
(1) The basis for the claimed exemption is: and
(2) The names(s) and license number(s) of any general, mechanical, electrical, or plumbing
contractor(s) to be employed on the work are:
IT IS UNDERSTOOD THAT THE FILING OF AN APPLICATION CONTAINING FALSE OR
INCORRECT INFORMATION CONCERNING AN APPLICANTS CONTRACTOR'S LICENSE
OR PRIVILEGE LICENSE WITH THE IN'IENT TO VOID SUCH LICENSING
REQUIREMENTS IS UNS WORN FALSIFICATION PUNISHABLE ACCORDING TO A.R.S. §
13-2704.
8/12/2019
DATE
Pueblo Mechanical & Controls, LLC
COMPANY
MCDOTHVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. #23
Attachment G - MARICOPA COUNTY SUE PARTICIPATION REPORTING FORM
This form is to be submitted with each pay application or invoice. Any pay application or invoice
without this form attached is subject to rejection as not being a completed pay application or invoice
pursuant to the terms of the contract.
Pueblo Mechanical & Controls, LLC
Name of Prime Consultant/Contractor Contract Number
Andy Lester
Contact Person Project Number
6771 i Outlook Drive
Street Address Amount of this Pay Application/Invoice
Tucson, AZ 85756
City, State Zipcode
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay
application/invoice. If work was self-performed and your firm, as the prime, is an SBE firm pursuant to
§ 41-1001, et seq., then you may list your firm as the SEW firm.
SBE Finn Name SBE Firm Address Type of Mirk $ Pd to SBE this
.Performed App/Inv
$
$
$
$
$
$
$
$
El A mark in this box certifies th50,SBE firms were utilized as the prime, subconsultant or subcontractor
117/A1 thlaav aelleiCCL/TiL.
8/12/19
Signature Date
Andy Lester 800.840.9170
Printed Name & Telephone Number
MCDOTHVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg, #24
Attachment L - CERTIFICATE OF PERFORMANCE
OF CONSTRUCTION CONTRACT AND PAYMENT OF ALL CLAIMS;
Andy Lester hereby certifies to the Maricopa County
(Name of Signer) (FMD)
(COUNTY) that all lawful claims for labor, rental of equipment, material used, and any other claims by
Pueblo Mechanical & Controls, I,E.0 (Firm) or its subcontractors and suppliers in connection with performance of Serial 4
200007-DBB, MCDOT HVAC Upgrades have been duly discharged as required by Arizona Revised Statutes,
Section 34-22l and Maricopa Association of Governments Uniform Standard Specifications for Public Works
Construction (MAG), Section 109.7,
Pueblo Mechanical & Controls, LLC (Firm) understands that with receipt of payment for previously
invoiced amounts plus any retained funds and/or release of escrow funds, that this is a settlement of all claims
of every nature and kind against the COUNTY arising out of the performance of the COUNTY's Serial
200007-DBB, MCDOT HVAC Upgrades relating to the material, equipment, and work covered in and
required by this contract.
The undersigned hereby certifies that, to his/her knowledge, no contractual disputes exist in regard to this
contract, and that he/she has no knowledge of any pending or potential claim in regard to this contract.
Upon submission of this Certificate of Performance and invoice for any applicable retained funds, the COUNTY
will process final payment and release applicable escrow fimds in accordance with the Contract and MAG.
requirements.
State of Arizona
)§
County of Maricopa
Signed this 12 day of August ,20 19 .
HVAC Solutions
Signature Title
SUBSCRIBED AND SWORN TO me, before this 12 day of August , 20 19
My Commission Expires:
Notary Public
MCDOTHVAC Upgrades Serial # 200007-DBB
Request for Bids - Design Bid Build Pg. #29
Mar icopa County
Office of Procurement Services — Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
ADDENDUM NO. 1
TO MCDOT HVAC Upgrades
ADVANTAGE DOCUMENT ID# 200007-DBB
PROJECT OWNERS PROJECT/CONTRACT # 200007-DBB
Addendum Date: August 1, 2019
County Project Owner: Facilities Management
MCDOT HVAC Upgrades, 200007-DBB is herein modified. The provisions of said
documents applicable to these modifications remain unchanged unless specifically
indicated otherwise.
This Addendum No. 1 forms a part of the solicitation/contract documents and modifies
the clauses/provisions as follows:
1, To All Interested Bidders
Please be advised of the following documents under this addendum:
1. 2 nd County Response Letter
2. Structural Permit Calculations-2nd County Comments
3. Structural Drawings-2nd County Comments
(See "Documents" section of BidSync for Addendum #1 files)
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Addendum No 'I To MCDOT HVAC Upgrades - 200007-DBB
Page 1 of 2
Project Owner Approval:
Eric Barcon
By:
Signature: 46W4A datrA
Title: Construction Project Manager FMD
Date: 8 1 19
Included with your offer, your firm/company is required to acknowledge this addendum,
and every addendum, relating to this solicitation by completing the following information:
Addendum No. I Acknowledgement:
Signature
INAC Solutions
Title
Andy Lester
Signatory Printed Name
8/13/2019
Date
Addendum No 1 To MCDOT HVAC Upgrades - 200007-DBB
Page 2 of 2
Mar icopa County
Office of Procurement Services — Article 5
320W. Lincoln Street
Phoenix, Arizona 85003
ADDENDUM NO. 2
TO MCDOT HVAC Upgrades
ADVANTAGE DOCUMENT 1D# 200007-DBB
PROJECT OWNERS PROJECT/CONTRACT # 200007-DBB
Addendum Date: August 7, 2019
County Project Owner: Facilities Management
MCDOT HVAC Upgrades, 200007-DBB is herein modified. The provisions of said
documents applicable to these modifications remain unchanged unless specifically
indicated otherwise.
This Addendum No. 2 forms a part of the solicitation/contract documents and modifies
the clauses/provisions as follows:
1. To All Interested Bidders
Please be advised of the following documents under this addendum:
1. Revised Attachment A- Bid Form. This revised document replaces Attachment A-
Bid Form found in solicitation.
(See "Documents" section of BidSync for Addendum #2 file)
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Addendum No 2 To MCDOT HVAC Upgrades - 200007-DBB
Page 1 of 2
Project Owner Approval:
By: Eric Barcon
Signature:
Title: Construction Project Manager
Date: 8719
Included with your offer, your firm/company is required to acknowledge this addendum,
and every addendum, relating to this solicitation by completing the following information:
Addendum No. 2 Acknowledgement:
HVAC Solutions
Title
Andy Lester
Signatory Printed Name
B/13/2019
Date
Addendum No 2 To MCDOT HVAG Upgrades - 200007-DBB
Page 2 of 2