190067-CONTRACT.PDF

CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
FMD Parking Lot C #4028-18-0382
Office of Procurement Services
Serial # 190067-DBB
Contract # 190067-DBB
C-
Project # 4028-18-0382
Facilities Management
MARICOPA COUNTY, ARIZONA

CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this 27th day of March, 2019, by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
Lincoln Constructors, Inc. hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of
One million, three hundred twenty three thousand, twenty three dollars, and 00/100 ($1,323,023.00)
Unit prices, if any, are as follows:
None
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 Facilities Management Director, a project for the Maricopa County
Facilities Management Department, designated as Serial # 190067-DBB, FMD Parking Lot, 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 Facilities Management Department, and listed herein, together with modifications
of the same and other directions that may be made by the Maricopa County Facilities Management
Department 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, Maricopa Association of Governments (MAG) 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
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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 Fifty and
00/100 Dollars ($250.00) 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. 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 Fifty and 00/100 Dollars ($250.00)
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 VIII - 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 termination 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
termination for default is determined to be without cause, it shall be deemed to be a termination for
convenience.
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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 part 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 failure
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 subcontractors 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.
(2) A breach of a warranty under subsection 1 above, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the Contract;
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(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 1 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 - SBE 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 performance of this 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 XVI— INFLUENCE: As prescribed in MC1-1202 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 MC1-902.
An attempt 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 Maricopa County.
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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
parties' arbitrators and serve as the Chair of the arbitration panel.
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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.
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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 (i) 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 Maricopa 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 incurred 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
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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 X.DC 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.
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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.
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190067-DBB
271 FA.o/
Principal (Signature) Date
Robert K. Sanders 81-4143667
Printed Name Federal Tax Identification Number
President A-310165
Title Arizona Contractor's License Number
/1/‘1- 913-94
Vendor Terms NIGP 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:
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Monona County B1 190067-OBB
Attachment J - STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34 CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, Lincoln Constructors._ Inc, (hereinafter called the Principal), as Principal, and Philadelphia
Indemnity Insurance Company a corporation organized and existing under the laws of the State
of Pennsylvania , with its principal office in the City oftbla CYnwYd(hereinafter
called the Surety), as SuAtv arc held vd imt1v ho*d_ unto Maricopa County, (hereinafter called the
Obligee) in the amount 0 ousan8rifwerlity- ne VIM Thr e ndred Hree origibagr% ($1,323,023.00), for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with Obligee, dated the 27th day of
March , 20 19 for PMD Parking Lot C 44028 - 18 -0382, 190067-M38, which contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said
contract during the original term of said contract and any extension thereof, with or without notice to the
Surety, and during the life of any guaranty required under the contract, and shall also perform and fulfill all
the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications
of said contract that may hereafter be made, notice of which modifications to the Surety being hereby
waived; then the above obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34. Chapter 2,
Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance
with the provisions of said Title, Chapter, and Article, to the extent as if it was copied at length herein. The
prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a
judge of the court.
Witness our hands this 27th day of Marrh
Lincoln Constructors. Inc
PRINCIPAL SEAL
Gregory P. Griffith,_Arizona Resident Agent
AGENT OF RECORD, STATE OF AZ By:
Constructors Bonding, Inc. of Nevada
P. 0. Box 36797
Las Vegas, NV 89133-6797 (702)878-2622 Philadelphia Indemnity Insurance Company
AGENT ADDRESS SURETY, SEAL
BOND NUMBER: PB12536700003 HY!
Gregory P. Griffith, AtTorney-in-fact
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1 1202019 8:48 Am p. 28

MiiriC01)1 County all 190067-DBB
Attachment I - STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34 CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, Ljnadisdpnaticlas Jac_ (hereinafter called the Principal). as Principal, and Philadelphia
Indemnity InsurenraCompany a corporation organized and existing under the laws of' the State of
Pennsylvania , with its principal office in the City of Bala CVnwvd, PA
(hereinafter called the Surety), as Surety„ are held and firmly bound unto Maricopa County (hereinafter
called the Obligee), in the amount of One Million Three - Hundred . TWent is as -Three ($1 ,323,023.00), for
the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 27th
day of March,2019 for PMD Parking Lot C tt4028-18-0382, 190067-DBB, which contract is hereby referred
to and made a part hereof as fully and to the same extent as if copied at length hercin.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's
subcontractors in the prosecution of the work provided for in the contract, this obligation is void. Otherwise
it remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2.
Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance
with the provisions, conditions and limitations of Title 34, Chapter 2. Article 2, Arizona Revised Statutes, to
the same extent as if it was copied at length in this Agreement.
The prevailing party in a suit on this bond shall recover as a pan of the judgment reasonable attorney's fees
that may be fixed by the court or a judge thereof.
Witness our hands this 27th day of March , 20 19
Lincoln Constructors, Inc.
PRINCIPAL SEA L
Gregory P. Griffith, Arizona Resident Agent BY:
AGENT OF RECORD, STATE OF AZ
Constructors Bonding, Inc. of Nevada
P. 0. Box 36797
Las Vegas, NV 89133-6797 (702)878-2622 Philadelphia Indemnity Insurance Company
AGENT ADDRESS SEAL
BOND NUMBER: PB12536700003 BY:
Gregory P. Griffith, Attorney-in-fact
FAID Parking Lot C X102848-0382 Seriul t 190067-D8B
112,0201084 Request 8 Am for Bids - Design Bid Build Pg. 1s 24
p. 27

22
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Gregory P. Griffith of Constructors Bonding, Inc. of Nevada its
true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory
in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14 th of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27" DAY OF OCTOBER, 2017.
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27th day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
DOSALONWPALTN NOTARIAL Of 9LAI. PENNSYLVANIA I lYleATAN1111919T)
LP. . Venal Smasp Up Ikerni.s.nvun Wag PtAss iColy Notary Public:
Aly Commission brIA s Sept 2S. P021
residing at: Bala Cynwyd, PA
(Notary Seal)
My commission expires: September 25, 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27 th day of October, 2017 are true and correct and are still in full force and effect. I do further certify
that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 27th day of March ,20 19
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY

---- , .
Ac DATE (MM/DDIYYYY)
.----cwo CERTIFICATE OF LIABILITY INSURANCE
L-- 2/19/2019
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: Certificates
INSURICA / Minard-Ames Insurance Services LLC PHONE 602-273-1625 FAX 602-273-0212
4646 E. Van Buren St., #200 (A/c No Est): (A/C, No):
Phoenix AZ 85008 ADDRESS: E- MAIL certs@INSURICA.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Colony Insurance Company 39993
INSURED LI NCCONO1C INSURER B: Everest Denali Insurance Company
Lincoln Constructors, Inc.
P. 0. Box 6249 INSURER C: Endurance American Specialty Ins. Co. 41718
Phoenix AZ 85005 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1366437753 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 LTR TYPE OF INSURANCE ADDL INSD SUBR VVVD POLICY NUMBER (MM/DD/YYYY) POLICY EFF (MM/DINYYYY) POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y 103GL002635600 11/2/2018 11/2/2019 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 100,000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY x TET- x LOC PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
B AU °MOBILE LIABILITY Y Y CF1CA00127181 11/13/2018 11/2/2019 COMBINED (Ea acciden t) SINGLE LIMIT $ 1,000,000
ANY AUTO BODILY INJURY (Per person) $
OWNED x SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
y HIRED x NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
C UMBRELLA LIAB X OCCUR Y EXC30000854200 11/13/2018 11/2/2016 EACH OCCURRENCE $ 4,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION $ $
WORKERS COMPENSATION PER 0TH-
AND EMPLOYERS' LIABILITY Y / N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE N/A EL. EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED7
(Mandatory in NH) EL. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Certificate Holder is defined as additional insured with respects to the general, auto and excess liability if required or agreed to in a written contract subject to all
provisions and limitations of the policy. General and Auto Liability coverage is primary and non-contributory. A Waiver of subrogation in favor of Certificate
Holder applies to the general and auto liability if required or agreed to in a written contract subject to all provisions and limitation of the policy. Per attached
forms: CG2010 07/04; CG2037 0/04; ECA04521 04/14; CG2001 04/13; ECA24509 04/14; CG2404 05/09; ECA24503 02/14.
RE: Serial 190067-DBB, FMD Parking Lot C #4028-18-0382.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Maricopa County ACCORDANCE WITH THE POLICY PROVISIONS.
Office of Procurement Services
320 W Lincoln St AUTHORIZED REPRESENTATIVE
Phoenix AZ 85003
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: 103GL002635600 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
All persons or organizations as required by written contract Per written contract
with the Named Insured .As designated in written contract
with the Named Insured for commercial and municipal projects
only.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section ll — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or addtional insureds, the following additional
organization(s) shown in the Schedule, but only with exclusions apply:
respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or
damage" or "personal and advertising injury" "property damage" occurring after:
caused, in whole or in part, by:
1. All work, including materials, parts or equipment
1. Your acts or omissions; or furnished in connection with such work, on the
2. The acts or omissions of those acting on your project (other than service, maintenance or
behalf; repairs) to be performed by or on behalf of the
in the performance of your ongoing operations for additional insured(s) at the location of the
the additional insured(s) at the location(s) covered operations has been completed; or
designated above. 2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.
CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 103GL002635600 ISSUE DATE: -
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
All persons or organizations as required by written contract with the Named Insured .As designated in
written contract with the Named Insured for commercial and municipal projects only.
Location And Description Of Completed Operations
Per written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section 11 — Who Is An Insured is amended to in- location designated and described in the schedule of
clude as an additional insured the person(s) or or- this endorsement performed for that additional in-
ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera-
respect to liability for "bodily injury" or "property dam- tions hazard".
age" caused, in whole or in part, by "your work" at the
CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1

Policy No. CF1CA00127181
COMMERCIAL AUTO
ECA 04 521 04 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
SCHEDULE
Name Of Additional Insured Organization
ALL ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO
BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION,
MAINTENANCE OR USE OF A COVERED "AUTO".
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to the Who Is An Insured B. Is executed after the date of "loss".
paragraph under Section II — Liability Coverage: This paragraph does not apply if:
The organization shown in the Schedule with respect 1. The terms and conditions of the written
to the operation, maintenance, or use of a covered "insured contract" had been agreed upon prior
"auto" if you are required to add such organization to to the "accident" or "loss"; and
this policy as an additional insured in order to comply
with the terms of a written "insured contract" or written 2. You can definitively establish that the terms
agreement. This does not apply when such contract and conditions of the written "insured contract"
or agreement: ultimately executed are the same as those
which had been agreed upon prior to the
A. Involves the owner or anyone else from whom you "accident" or "loss".
hire or borrow a covered "auto" unless it is a
"trailer" connected to a covered "auto" you own; or
ECA 04 521 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc.,
used with its permission

Policy No: 103GL002635600
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or
Condition and supersedes any provision to the agreement that this insurance would be
contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the
additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

Policy No. CF1CA00127181 COMMERCIAL AUTO
ECA 24 509 04 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION - BLANKET
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
Paragraph c. of the Other Insurance General
Condition is replaced by the following:
c. Regardless of the provisions of Paragraph a.
above, this Coverage Form's Liability Coverage is
primary and we will not seek contribution from any
other insurance for any liability assumed under an
"insured contract" that requires liability to be
assumed on a primary noncontributory basis.
Additionally, only the coverage and limit of
insurance requirements of the "insured contract"
shall apply, and in no event shall those
requirements exceed the coverage and limits of
insurance provided under this policy.
ECA 24 509 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc.,
used with its permission

POLICY NUMBER: 103GL002635600 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
All persons or organizations as requested by written contract with the Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0

Policy No. CF1CA00127181
COMMERCIAL AUTO
ECA 24 503 02 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SCHEDULE
Name of Person or Organization:
ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE
NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE
OF THE "ACCIDENT".
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition
of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for an "accident" or "loss", provided that you are required under a written agree-
ment to waive your rights of recovery. The written agreement must be made prior to the date of the "accident" or
"loss". This waiver applies only to the person or organization shown in the Schedule above.
ECA 24 503 02 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1
Includes copyrighted material of Insurance Services Office,
Inc., used with its permission.