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CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
Southport Adult Probation Center Addition & Remodel
Office of Procurement Services
Serial # 190022-DBB
Contract # 190022-DBB
C-
Project # 190022-DBB
Facilities Management Department
MARICOPA COUNTY, ARIZONA
CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this 28th day of September, 2018, by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
TSG Constructors, LLC hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of
Two Million, Ninety Thousand Dollars, and No Cents ($2,090,000.00)
Unit prices, if any, are as follows:
$2,067,000.00 (Base Bid)
$23,000.00- Alternate #1
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 FMD Director, a project for the Maricopa County FMD, designated
as Serial # 190022-DBB, Southport Adult Probation Center Addition & Remodel, 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, Maricopa Association of Governments (MAG) Standard
Specifications and Uniform Standard Details, and the latest revisions thereto, Maricopa County Supplement
to M.A.G. Unifoun 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 304 Calendar days from the date of commencement subject to
adjustments to the Contract Time as provided for herein. Final Completion shall be achieved in 334
Calendar 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
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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 One Thousand, Six-
Hundred, Thirty-Two Dollars, and No Cents ($1632.00) 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 One Thousand, Six-Hundred,
Thirty-Two Dollars, and No Cents ($1632.00) 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 teiminate 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
teimination 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.
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
-
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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;
(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-
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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 films 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.azzovernor.e.ovidms/uploadlE0 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 MCI -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.
ARTICLE XVIII — ISRAEL BOYCOTT: By submitting this proposal the Contractor certifies that they
are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq.
ARTICLE XIX — 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
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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 teiminate 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.
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.
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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.
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
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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
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.
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XX. UNIFORM ADMINISTRATIVE REQUIRE1VIENTS:
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.
Southport Adult Probation Center Addition & Remodel
190022-DBB
October 2, 2018
Date
Stanley S. Showalter 90-0275459
Printed Name Federal Tax Identification Number
Member ROC 204114 KB-01
Title Arizona Contractor's License Number
VOqOY
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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ADDENDUM #2
Attachment A - BED FORM
TO THE BOARD OF SUPERVISORS
MARICOPA COUNTY
PHOENIX, ARIZONA
Gentlemen:
The following Bid is made for constructing Serial # 190022-BBB, Southport Adult Probation Center
Addition & Remodel, in the County of Maricopa, State of Arizona.
The following Base Bid is made on behalf of —
TSG Constructors, LLC
and no others, in the amount of $2,067,000.00
Alternate 1 Pricing (not included in Base Bid): $23,000.00
(Remodel of Men's/104 and Women' s/103 Restrooms)
The maximum allowable overhead rate & 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 of 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.
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.
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The Undersigned shall perform all extra work that may be required on the basis provided in the Consti action
Special Provisions and to give such work personal attention and to secure economic performance.
The Undersigned shall further execute the Contract Agreement and furnish satisfactory Bonds and Sureties
within ten (10) days of receipt of Notice of Bid acceptance, TIME BEING OF THE ESSENCE. The
Undersigned further proposes to begin work as specified in the Contract attached hereto, and to Substantially
complete the work within 304 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 one hundred 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 of the 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
ten (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: N/A
By:
(Printed Name) (Title) (Telephone Number)
(Signature) (Date) (Fax Number)
(Address) (E-mail address)
IF BY A FIRM, PARTNERSBTP OR L.L.C. (LIMITED LIABILITY CORPORATION):
TSG Constructors, LLC 623-742-0161
(Finn Name) (Telephone Number)
09.25.18 623-742-0320
(S u ature -- Title) (Date) (Fax Number)
PO Box 71640, Phoenix, AZ 85050 s.showalter@tsgeonstructors.com
(Firm Address) (E-mail address)
**Name and Address of each Member, or each Manager of L.L.C. per Operating Agreement
Southport Adult Probation Center Addition & Remodel Serial # 190022-DBB
Request for Bids - Design Bid Build
Stanley S. Showalter Kerry S. Showalter
5237 E. Baker Dr. Cave Creek, AZ 85331 5237 E. Baker Dr. Cave Creek, AZ 85331
**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: N/A
(Corporate Name) (Corporation Address)
(Printed Name) (Title) (Telephone Number) (Fax Number)
(Signature) (Date) (E-mail Address)
*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 Corporation was Chartered, and the name,
title, and business address of the President, Secretary, and Treasurer must be shown.
Southport Adult Probation Center Addition & Remodel Serial # 190022-DBB
Request for Bids - Design Bid Build
Attachment C - LEGAL WORKER CERTIFICATION
09.25.18
(Date)
Maricopa County
Office of Procurement Services — Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §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 Arizona Revised Statutes § 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 tenuination 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.
Firm
TSG Constructors, LLC
Stanley S. Showalter
Print Name
Member
Print Title
s.showalter@tsgconstructors.com
09.25.18
Date
90-0275459
Federal Taxpayer ID Number
Southport Adult Probation Center Addition & Remodel Serial # 190022-DBB
Request for Bids - Design Bid Build Page 18
Attachment D - SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TSG Constructors, LLC , as Principal, (hereinafter called the Principal), and
the Travelers Casualty and Surety Company of Americk corporation duly organized under the laws of the
State of Connecticut , as Surety, (hereinafter called the Surety), are held
and firmly bound unto Maricopa County (hereinafter called the Obligee), in the sum of ten percent
(10%) 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 Arizona Revised Statutes.
WHEREAS, the said Principal is herewith submitting its Bid for Serial # 190022-DBB, Southport
Adult Probation Center Addition & Remodel.
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, Arizona
Revised Statutes, and all liabilities on 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 18th day of September , 20 18
Constructors Bonding, Inc, TSG Constructors, LLC
Agent 1 f Record, State of Arizona Principal Seal
Traveler Cg and Surety Company of America
-.... ....m. ..... mom lir Illwrram.. ir ipp II\ 1/4 Surety Seal
en, 4ddr s
..4220-N,1ath Street, Bldg Phoenix, AZ 85020
---,_ Blond Nimiber Bid Bond By:
T. 7-7,1.1ennifeT Castillo
Powerof Attorney Seal
Southport Adult Probation Center Addition & Remodel Serial # 190022-DBB
Request for Bids - Design Bid Build Page 19
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS .1 St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and SL
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies), and that the Companies do hereby make, constitute and appoint Jennifer Castillo, of Phoenix, Arizona, their true and lawful
Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
State of Connecticut
By:
City of Hartford ss. Robert L. Raney; Self& Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, l hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021 C.. *A.A.WW1.1111..*
Mane C. Tetreautt, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her .certificate or their-certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Eire.and . Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed_by -Said Compiffies, which remains in full force and effect
Dated this latk: day-of-4-efiteniber 2018
Kevin E. Hughes, Assistant Secretary
----- ,
Toyer-fry-the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Plearefer.tathe'`above-named Attorney-in-Fact and the details of the bond to which the power is attached.
Attachment E - NON COLLUSION AFFIDAVIT
STA]. E OF ARIZONA
)§
COUNTY OF MARICOPA
Stanley S. Showalter , being first duly sworn, deposes and says:
That he is a member of TSG Constructors, LLC
(Title) (Name of Business)
bidding on 190022 -DBB for the construction of Southport Adult Probation Center Addition
& Remodel in the County of Maricopa, 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 25th day of September , 20 18
Kerry S Davidoff-Showalter
Notary Public
Maricopa County, Arizona
My Comm. Expires 8-11-2021
My Commission Expires: 08.11.21
Southport Adult Probation Center Addition & Remodel Serial # I 90022-DBB
Request for Bids - Design Bid Build Page I 20
Attachment F - VERIFICATION OF LICENSE
Pursuant to A.R.S. § 32-1169, I hereby 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: 204114 KB-01
291064 A ; that my privilege license number (as required by
A.R.S. § 42-1305) is: 21050784 ; and that, if any exemption to the above licensing
requirements is claimed;
(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 APPLICANT'S CONTRACTOR'S LICENSE
OR PRIVILEGE LICENSE WITH THE INTENT TO VOID SUCH LICENSING
REQUIREMENTS IS UNSWORN FALSIFICATION PUNISHABLE ACCORDING TO A.R.S. §
13-2704.
09.25.18
GNAT OF LICENSEE DATE
TSG Constructors, LLC
COMPANY
Southport Adult Probation Center Addition &Remodel Serial # 190022-DBB
Request for Bids - Design Bid Build Page 121
----- IMPORTANT NOTICE --
YOU MUST: THIS IS YOUR IDENTIFICATION CARD
1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY
§ 32-1154(A)(18)]
2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S. § 32-1122(B)(1)]
3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S.
§ 32-1151.011
4.) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE
PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE ENTITY [SEE A.R.S. § 32-1124(13)(F) § RULE R-4-9-110]
02/28/2019
UCENSE EFFECTIVE THROUGH:
STATE OF ARIZONA
Registrar of Contractors CERTIFIES THAT
TSG Constructors LLC TSG Constructors LLC
204114 KB-1
TSG Constructors LLC CONTRACTORS LICENSE NO, CLASS
PO Box 71640 Dual Building Contractor
Phoenix, AZ 85050-1011
THIS CARD MUST BE
PRESENTED UPON DEMAND
IMPORTANT NOTICE -----
YOU MUST: THIS IS YOUR IDENTIFICATION CARD
1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY
§32-1154(A)(18)]
2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S. § 32-1122(B)(1)]
3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S. •
§ 32-1151.01]
4.) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE
PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE ENTITY. [SEE A.R.S. § 32-1124(8)(F) § RULE R-4-9-110]
LICENSE EFFECTIVE THROUGH: 02/28/2019
STATE OF ARIZONA
Registrar of Contractors CERTIFIES THAT
TSG Constructors LLC TSG Constructors LLC
TSG Constructors LLC CONTRACTORS LICENSE NO. 204114 CLASS KB-1
PO Box 71640 Dual Building Contractor
Phoenix, AZ 85050-1011
THIS CARD MUST BE
PRESENTED UPON DEMAND JEFF FLEETHAM. DIRECT4A
IMPORTANT NOTICE - ; THIS IS YOUR IDENTIFICATION CARD
YOU MUST:
1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY
§ 32-1154(A)(18)]
2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S. § 32-1122(13)(1)] Jr
3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R,S.
§32-1151.01]
4.) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE
PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE ENTITY [SEE A.R.S. § 32-1124(B)(F) § RULE R-4-9-110]
LICENSE EFFECTIVE THROUGH:
STATE OF ARIZONA 02128/2019
Registrar of Contractors CERTIFIES THAT
TSG Constructors LLC TSG Constructors LLC
UNKIORS UMIAK NO.
2041'\
Conttors 1)0 Y.1.11c111 Contrackor
_ CAlft
- IMPORTANT NOTICE -
YOU MUST: THIS IS YOUR IDENTIFICATION CARD
1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY
§ 32-1154(A)(18)]
2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S. § 32-1122(9)(1)]
3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S.
§ 32-1151.01]
4.) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF 'THE OWNERSHIP IN A SOLE
PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE ENTITY. [SEE A.R.S. § 32-1124(13)(F) § RULE R-4-9-110]
LICENSE EFFECTIVE THROUGH: 03/31/2020
STATE OF ARIZONA
TSG Constructors LLC Registrar of Contractors CERTIFIES THAT
TSG Constructors LLC
TSG Constructors LLC CONTRACTORS UCENSE Na 291064 CLASS A
PO Box 71640
COMMERCIAL
Phoenix, AZ 85050-1011 GENERAL ENGINEERING
THIS CARD MUST BE
PRESENTED UPON DEMAND
- IMPORTANT NOTICE --
YOU MUST: THIS IS YOUR IDENTIFICATION CARD
1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY
§ 32-1154(A)(18)]
2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S. § 32-1122(9)(1)1
3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S.
§ 32-1151.01] Jr
4.) REPORT ANY CHANGE IN LEGAL ENTITY, SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE
PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE ENTITY. [SEE A.R.S. § 32-1124(13)(F) § RULE R-4-9-110]
LICENSE EFFECTIVE THROUGH: 03/31/2020
STATE OF ARIZONA
TSG Constructors LLC Registrar of Contractors CERTIFIES THAT
TSG Constructors LLC
TSG Constructors LLC CONTRACTORS LICENSE NO. 291064 CLASS A
PO Box 71640
Phoenix, AZ 85050-1011 COMMERCIAL
GENERAL ENGINEERING
•••III
----- IMPORTANT NOTICE THIS IS YOUR IDENTIFICATION CARD
YOU MUST:
1.) REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S. DO NOT DESTROY
§ 32-1154(A) (18)]
2.) REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.R.S. §32-1122(13)(1)]
3.) REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY [SEE A.R.S.
§ 32-1151.01]
4.) REPORT ANY CHANGE IN LEGAL ENTITY. SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE
PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW
CORPORATE-ENTITY. [SEE A.R.S. § 32-1124(13)(F) § RULE R-4-9-1101
LICENSE EFFECTIVE THROUGH: 03/31/2020
STATE OF ARIZONA
Registrar of Contractors CERTIFIES THAT
TSG Constructors LLC
TSG Constructors LLC
1SG COTISkildOTS \_i_C COMMCCORS UCENSE N0.29'1064
PO Box -11640 COMMERCIAL
Phoenix, PI 85050-1011 GENERAL ENGINEERING
Ill
ARIZONA DEPARTMENT OF REVENUE
ATTN: Customer Care and Outreach
PO BOX 29032
Phoenix, AZ 85038-9032 ARIZONA DEPARTMENT OF REVENUE
TRANSACTION PRIVILEGE TAX LICENSE
NOT TRANSFERABLE
The licensee listed below is licensed required to conduct under business provisions upon of A.R.S. the condition Title 42, that Chapter taxes are 5, Article paid to 1,
Arizona Department of Revenue as
2018
ISSUED TO: TSG CONSTRUCTORS LLC ALL communications and —110- LICENSE: 21050784
PO BOX 71640 -reports MUST REFER NO. to START DATE: 01/01/2015
PHOENIX AZ 85050 this ,LICENSE ISSUED: 02/2712018
EXPIRES: 12/31/2018
LOCATION: CODE 001
TSG CONSTRUCTORS ,4C
_ 615W DEER.VALLEY'RD S7E117
-RHOENJX, AZ 85027,t,
1800052011027
II1111111.11111011111111111111111111111111h111111EIR
BUSINESS CODE -REGION
015 - CONTRACTING -PRIME COC, -- ;c9CONINO COLINt•
01.5 - CONTRACTING-.- PRIME GLA GILA
015- CONTRACTING PRIME MAR MARICOPA •i qouNTY ,
215- PRE-6/201,0 CONTRACTING • MAR = MARICOPA - COU NTY
MRRArAMOUNT MAR MARICOPA :C.Q.UNTy
015 -CONTRACTING - PRIME_ YAV = YAVAPAI ' ,COUNTY
015 - CONTR:ACTING - PRIME - AVONDALE
015.- CONTRACTING 4 : PRIME CE - cAmp VERDE CITY
015 - CONTRACTING•-_PRIME • CH 7 CHANDLER r
015- CONTRACTING - PRIME FS - FLAGSTAfF _ -,erry
017 7- RETAIL ,RIAGSTAFF ,crfy
. 029- USE TAX FS7-.:;FLAGStAFF._
015 - CONTRACTING - PRIME GE - GLENDALE • CITY
016- CONSTRUCTION CONTRACTING GE- GLENDALE CITY
- SPECULATIVE BUILDERS. CITY
029 - USE TAX • GE- GLENDALE
015- CONTRACTING - PRIME GL.- GLOBE CITY
015 - CONTRACTING - PRIME PX - PHOENIX CITY
015 - CONTRACTING - PRIME SC - SCOTTSDALE CITY
015- CONTRACTING - PRIME TE - TEMPE CITY
This License Is issued to the business named above for the address shown. notify Licenses, the by Department law, cannot of be Revenue transferred if there from is a one change person in to business another, name, nor can trade they name, be
transferred location, mailing from one address, location or ownership. to another. In Arizona addition, law when requires the business licensees ceases to to operate or the business location changes and a new license Is issued, this license
must be returned to the Arizona Department of Revenue. According to R15-5-2201, license must be displayed in a conspicuous place.
Mar icopa County
Office of Procurement Services Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
ADDENDUM NO. 1
TO Southport Adult Probation Center Addition & Remodel
ADVANTAGE DOCUMENT ID# 190022-DBB
PROJECT OWNERS PROJECT/CONTRACT # 190022-DBB
Addendum Date: September 19, 2018
County Project Owner: FMD
Southport Adult Probation Center Addition & Remodel, 190022-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:
To All Interested Bidders:
1. Please utilize the revised Attachment A-Bid Form in place of current Attachment
A-Bid Form found in solicitation. Revised Attachment A-Bid Form has added line
for alternative 1 pricing. (See Documents section of BidSync under this
solicitation).
2. Environmental documents as reference for bidders (See Documents section of
BidSync under this solicitation).
3. Additional Addendum #1 changes. (See Documents section of BidSync under
this solicitation).
4. Sign-In Sheets from Pre-bid conference (See Documents section of BidSync
under this solicitation).
Addendum No 1 To Southport Adult Probation Center Addition & Remodel - 19D022-DBB
Page 1 of 2
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Project Owner Approval:
By: Angel Miranda
Title: Capital Project Manager
Signature: /OA
Date: 9119/2018
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. 1 Acknowledgement:
TsG constructors, [LC
- Firm Name
Member
Title
Stanley S. Showalter
Signatory Printed Name
09/4.18
Date
Addendum No 1 To Southport Adult Probation Center Addition & Remodel - 190022-DBB
Page 2 of 2
M aricopa County
Office of Procurement Services - Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
ADDENDUM NO. #2
TO Southport Adult Probation Center Addition & Remodel
ADVANTAGE DOCUMENT ID # 190022-DBB
PROJECT OWNERS PROJECT/CONTRACT # 190022-DBB
Addendum Date: September 20, 2018
County Project Owner: FMD
Southport Adult Probation Center Addition & Remodel, 190022-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:
To All Interested Bidders:
1. Please utilize the revised Addendum #2 Attachment A-Bid Form which replaces
Addendum #1 Attachment A-Bid Form.
Addendum No #2 To Southport Adult Probation Center Addition & Remodel - 190022-DBB
Page 1 of 2
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Project Owner Approval:
By: Angel Miranda
Signature: 4/LO
Title: Capital Project Manager
Date: 9/20/2018
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
TSG Constructors, LLC
Firm Name
Member
Title
Stanley S. Showalter
Signatory Printed Name
09.24.18
Date
Addendum No #2 To Southport Adult Probation Center Addition & Remodel - 190022-liBB
Page 2 of 2
Bond No. 106921708
ARIZONA STATUTORY PAYMENT BOND FOR CONSTRUCTION
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS THAT: TSG CONSTRUCTORS LLC
(hereinafter "Principal"), as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(hereinafter "Surety"), a corporation organized and existing under the laws of the State of CONNECTICUT
with its principal offices in the city of HARTFORD , holding a certificate of authority to transact surety business in
Arizona issued by the Director of the Department of Tnsurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are
firmly bound unto MARICOPA COUNTY (hereinafter "Obligee"), in the amount of TWO MILLION NINETY
THOUSAND DOLLARS AND 00/100** ($2,090,000.00) for the payment whereof, 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 dated the 28TH day of SEPTEMBER , 2018
to construct and complete certain work described as,
SOUTHPORT ADULT PORBATION CETNER ADDITION & REMODEL
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the 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,
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 were
copied at length in this agreement.
The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that
may be fixed by a judge of the court.
Witness our hands this 1ST day of OCTOBER , 20 18
TSG CONSTRUCTORS LLC TRAVELERS CASUALTY AND SURETY
COMP OF AMERICA
PRINCIPAL SEAL SEAL
By:
Jennifer Castill Attorney-in--Pact
Title: fri CONSTRUCTORS BONDING INC
Agency Of Record
7220 N 16TH STREET, BLDG K
PHOEIWC. AZ 85020
vallfI
Arizona Resident Coun signature
Bond No. 106921708
ARIZONA STATUTORY PERFORMANCE BOND FOR CONSTRUCTION
P'URSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Contract amount)
KNOW ALL MEN BY THESE PRESENTS THAT: TSG CONSTRUCTORS LLC (hereinafter "Principal"), as
Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(hereinafter "Surety"), a corporation organized and existing under the laws of the State of CONNECTICUT
with its principal offices in the city of HARTFORD holding a certificate of authority to transact surety business in
Arizona issued by the Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly
bound unto MARICOPA COUNTY (hereinafter "Obligee"), in the amount of TWO MILLION NINETY
THOUSAND DOLLARS AND 00/100** ($2,090,000.00) , for the payment whereof, 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 dated the 28TH day of SEPTEMBER ,20
to construct and complete certain work described as,
SOUTHPORT ADULT PROBATION CENTER ADDITION & REMODEL
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal faithfully
performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the
original term of the contract and any extension of the contract, with or without notice of the Surety, and during the
life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms,
conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of
which modifications to the Surety being hereby waived, the above 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,
Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of
Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this
agreement.
The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that
may be fixed by a judge of the court.
Witness our hands this 1ST day of OCTOBER , 20 18
TSG CONSTRUCTORS LLC TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
PRINCIPAL SEAL SURETY \ n SEAL
Title: C „r"- CONSTRUCTORS BONDING INC
Agency Of Record
7220 N 16TH STREET, BLDG K
PHOENIX, AZ 85020
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
RAVELERS J St Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Jennifer Castillo, of Phoenix, Arizona, their true and lawful
Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
State of Connecticut
By:
City of Hartford ss. Robert L. Raney, Ser Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021 \OAL.f.. C. t.ttrAILCULLA-
Mane C. Tetreault, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers; President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect.
Dated this 1st day of October
afe,-
Kevin E. Hughes, Assistant Secretary
To venTy the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.
TSGCO-1 OP ID - JV
DATE (MM/13131YYTY)
CERTIFICATE OF LIABILITY INSURANCE
09/27/2018
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 ADDMONAL 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 480-525-7611 CONTACT NANIE: Jason Sheehan
SJS Insurance, LLC PHONE 480-525 -7611 FAX (NC , No):480-525-7611
21436 N 20th Avenue #210 (NC, No, Ext):
Phoenix, AZ 85027 7iralE„ jsheahan©sjsins.corn
Jason Sheehan INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A Selective Way Insurance Co. 26301
INSURED TSG Constructors, LLC INSURER B : Selective Ins Co of S.C. 19259
P.O. Box 71640 INSURER C
Phoenix, AZ 85050
INSURER 0:
INSURER E
INSURER F
CAT ER: 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.
INSII It ?RR 1 TYPE OF INSURANCE _INS0 ADDLiSUBR i wvnl POLJCY NUMBER IMMJ01)/YTYY) POLICY EFF IMMMD/YYTY1 POUCY EXP 1 LIMITS
A i X C MMERCIAL GENERAL ,.............. LIABILITY I EACH OCCURRENCE ,000,000
CLAIMS-MADE . X OCCUR S2302705 01/01/2018 01/01/2019 : ,p,,, ''.-NLml"S.ik, ,t1r.0.__RENTED ..oUllerrc-Ira.L.. 500,000
., i 15 ,000
1..MED EXP &lone person) ,
1 PERSONAL & ADV INJURY 5 1,000,000
i 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE
i POLICY : ' n V PRO- jEcT , i . LOC . PRODUCTS - COMP/OP AGG 2,000,000
1
i OTHER: OMBINED SINGLE LIMIT 1 1,000,000
A : AUTOMOBILE LIABIUTY Li.E.E._assjOsinfl
' X i ANY AUTO 82302705 01/01/2018 01/01/2019 BODILY INJURY (Per Persoril
i i AUTOS OWNED ONLY . I I SCHEDULED AUTOS 1 BODILY INJURY (Per accident)
i X • A6. HRe NON-OWNED I PROPERTY (Per acdent) D AMAGE
, S ONLY . i _ AUTOS ONLY
I 5,000,000
A X UMBRELLA LIAB :_,...X J OCCUR , EACH OCCURRENCE S
EXCESS LIAB : CLAIMS MADE S2302705 01/01/2018 0 /0 /20191 AGGREGATE s 5,000,000
i 0EVI X itt I tN HUN $ 0
B WORKERS COMPENSATION • X ; I _STATUTE PER I I I. I 0TH ta -
AND EMPLOYERS' LIABILITY Y /, N WC9075224 01/01/201 01/01/2019 2019 1,000,000
ANY OFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED7 I T „ I N /A I E.L. EACH ACCIDENT
(Mandatory in NH) I E.L. DISEASE - EA EMPLOYEE I 5 1,000,000
DESCRIPTION If yes< describe under OF OPERATIONS below I I EL. DISEASE - POLICY LIMIT 1,000,000
A Course of Construc S2302705 01/01/2018 01/01/2019 iLimit 700,000
A Leased/Rented Equi S2302705 01/01/2018 01/01/2019 ' Limit 25,000
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attachod II more space to equIrod)
RE: Southport Adult Probation Center, 3535 S. 7th Avenue, Phoenix, AZ 85040
- Maricopa County is included as Additional Insured with respect to General
Liability as required by written contract per attached form.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Maricopa County ACCORDANCE WITH THE POUCY PROVISIONS.
401 W. Jefferson Street
Phoenix, AZ 85003 AUTHORIZED REPRESENTATIVE
Jason Sheahan
1
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: S2302705
Contracting, Installation, Service and Repair
General Liability Extended ElitePae Endorsement
COMMERCL. GENERAL LIABILITY
CG 79 88 01 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies nsurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the
endorsement.
1. BLANKET ADDITIONAL INSUREDS operations hazard". If the written contract, written
agreement, or written permit does not require
a. Ongoing Operations that the additional insured be added with respect
to liability arising out of 'your work" performed
SECTION II — WHO IS AN INSURED is amend- under that contract, agreement. or permit and
ed to include as an additional insured any person included in the 'products-completed operations
or organization you have agreed in a written hazard", then SECTION ll — WHO IS AN
contract, written agreement, or written permit to INSURED is amended to include as an addi-
add as an additional insured on your policy, but tional insured any person or organization you
only with respect to liability arising out of your have agreed in a written contract. written agree-
ongoing operations performed under that con- ment, or written permit to add as an additional
tract, agreement, or permit when that contract, insured on your policy, but only with respect to
agreement, or permit requires the additional liability for "bodily injury", "property damage" or
insured be added with respect to liability arising "personal and advertising injury" caused, in
out of your ongoing operations. If the written whole or in part, by "your work" performed under
contract, written agreement, or written permit that contract, agreement, or permit and included
does not require that the additional insured be in the "products-completed operations hazard".
added with respect to liability arising out of your
ongoing operations then SECTION II — WHO c. The coverages provided in Paragraphs a. and b.
IS AN INSURED is amended to include as an do not apply unless the written contract or written
additional insured any person or organization agreement has been executed (executed means
you have agreed in a written contract, written signed by the named insured) or written permit
agreement, or written permit to add as an addi- issued prior to the "bodily injury". "property
tional insured on your policy, but only with re- damage" or "personal and advertising injury'.
spect to "bodily injury", "property damage" or
"personal and advertising injury" caused in whole d. Exclusions
or in part by your ongoing operations performed (1) With respect to the insurance afforded to
under that contract, agreement, or permit. additional insureds under a, Ongoing Oper-
b. Completed Operations ations the following is added to 2. Exclu-
sions under SECTION I — COVERAGE
SECTION II — WHO IS AN INSURED is A— BODILY INJURY AND PROPERTY
amended to include as an additional insured any DAMAGE LIABILITY:
person or organization you have agreed in a This insurance does not apply to -bodily
written contract, written agreement, or written
permit to add as an additional insured on your injury", 'property damage", or "personal and
policy, but only with respect to their liability advertising injury" occurring after:
arising out of "your work" performed under that (a) All work, including materials, parts or
contract, agreement, or permit and included in equipment furnished in connection with
the -products-completed operations hazard" such work, on the project (other than
when that contract, agreement, or permit service, maintenance or repairs) to be
requires the additional insured be added with performed by or on behalf of the addi-
respect to liability arising out of "your work" tional insured(s) at the site of the cov-
performed under that contract, agreement, or ered operations has been completed; or
permit and included in the "products-completed
Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 79 88 01 16
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3
(b) That portion of "your work' out of which 2. PROPERTY DAMAGE CARE, CUSTODY OR
the injury or damage arises has been CONTROL
put to its in:ended use by any person or
organization other than another contrac- The following is added to Exclusion j. under
tor or subcontractor engaged in perform- SECTION I - COVERAGE A BODILY INJURY AND
ing operations for a principal as a part of PROPERTY DAMAGE LIABILITY:
the same project. Paragraphs (4) and (5) do not apply for the limited
(2) With respect to the insurance afforded to purpose of providing the ccverage and sub-limits of
these additionai insureds under a. Ongoing liability as set forth below.
Operations and b. Completed Operations, We will pay those sums that the insured becomes
the following is added to 2. Exclusions legally obligated to pay as damages arising out of
under SECTION I — COVERAGE A — "property damage" to:
BODILY INJURY AND PROPERTY DAM-
AGE LIABILITY; (1) Personal property in the care, custody or control
of the insured; and
This insurance does not apply to:
(2) That particular part of real property on which you
"Bodily injury", "property damage", or 'per- or any contractors or subcontractors working
sonal and advertising injury' arising out of directly or indirectly on your behalf are perform-
the rendering of, or the failure to render, any ing operations, if the "property damage" arises
professional architectural, engineering or out of those operations.
surveying services, including:
The most we will pay under (1) and (2) above in any
(a) The preparing, approving, or failing to one "occurrence" or for all damages during any one
prepare or approve, maps, shop draw- policy period is a sub-limit of $100,000.
ings, opinions, reports, surveys, field
orders, change orders or drawings and These limits are included in and not in addition to the
specifications; or Limits of Insurance shown in the Declarations of the
Commercial General Liability Policy.
(b) Supervisory, inspection, architectural or
engineering activities, Our right and duty to defend the insured against any
"suit" for damages under (1) and (2) above ends
e. Conditions when we have used up the applicable sub-limit of
With respect to the Insurance afforded to these liability in the payment of judgments or settlements
additional insureds under a. Ongoing Opera- under it,
tions and b. Completed Operations the follow- 3. OTHER INSURANCE AMENDMENT — SUPPLE-
ing is added to Paragraph 4. Other Insurance, MENTAL COVERAGE FOR INSURED'S INVOLVE-
a. Primary Insurance under SECTION IV — MENT IN A CONSOLIDATED (WRAP-UP) INSUR-
COMMERCIAL GENERAL LIABILITY CONDI- ANCE PROGRAM OR SIMILAR PROJECT
TIONS:
The following is added to SECTION IV — COMMER-
This insurance is primary and will not contribute CIAL GENERAL LIABILITY CONDITIONS, Para-
with any other insurance available to an addi- graph 4. Other Insurance b. Excess Insurance
tional insured under this coverage part provided (1)(a):
that:
That is covered by a consolidated (wrap-up) or
(1) The additional nsured is a Named Insured similar insurance program provided by the prime
under such other insurance. contractor/project manager or owner of the
(2) You have agreed in a written contract, construction project in which you are involved for
written agreement or written permit to in- your ongoing operations or operations included
clude that additional insured on your General within the "products-completed operations haz-
Liability policy on a primary and/or non- ard", unless such consolidated (wrap-up) or simi-
contributory basis. lar program is specifically excluded from cover-
age on trus ExAtcy.
Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 79 88 01 16
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3
4. FELLOW EMPLOYEE EXTENSION 6. CONTRACTUAL LIABILITY AMENDMENT —
(PERSONAL AND ADVERTISING INJURY)
Under SECTION II — WHO IS AN INSURED Para-
graphs 2.a. and 2.a. (1) are replaced by the follow- If it is required in a written contract, written agree-
ing: ment or written permit wr.h the insured that any
contractual liability exclusion for Personal Injury be
a. Your "volunteer workers" only while performing removed from the policy, then Exclusion e. Contrac-
duties related to the conduct of your business, or tual Liability under COVERAGE B PERSONAL
your "employees", ether than either your "execu- AND ADVERTISING INJURY, 2, Exclusions is de-
tive officers" (if you are an organization Other leted in its entirety and replaced with the following:
than a partnership, joint venture, or limited liabil-
ity company) or your managers (if you are a e. Contractual Liability
limited liability company), but only for acts within
the scope of their employment by you or while "Personal and advertising Injury" for which the
performing duties related to the conduct of your insured has assumed liability in a contract or
business The Employers Liability exclusion agreement arising out of an "advertisement"
(SECTION I — COVERAGES; COVERAGE A, This exclusion does not apply to liability for dam-
exclusion e.) does not apply to this provision. ages that the insured would have in the absence
However, none of these "employees" 01 "volun- of the contract or agreement.
teer workers" are insureds for: 7. WAIVER OF GOVERNMENTAL IMMUNITY
(1) "Bodily injury' or "personal and advertising We will waive, both in the adjustment of claims and
injury': in the defense of "suits" against the insured, any
(a) Arising out of his or her providing or fail- governmental immunity of the insured, unless the
ing to provide professional health care insured requests in writing that we not do so.
services. Waiver of immunity as a defense will not subject us
5. CONTRACTUAL LIABILITY (RAILROADS) to liability for any portion of a claim or judgment in
excess of the applicable limit of insurance.
Definition 9. Insured Contract is amended as fol-
lows: 8. DAMAGE TO PREMISES RENTED TO YOU
Paragraph c. is deleted in its entirety and replaced The Limit of Insurance for Damage To Premises
with the following: Rented To You is increased to $1,000,000.
Any easement or license agreement:
Paragraph f.(1) is deleted in its entirety.
Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 79 88 01 16
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3