179001-DBB SIGNED CONTRACT MT.PDF

CONSTRUCTION CONTRACT - STIPULATED SUM
(DESTGN-BID BUrLD PROJECT)
Central Plant HVAC Equipment Modifications
Office of Procurement Services
Serial # 179001-DBB
Contract # 179001-DBB
c-__
Project # 179001-DBB
Facilities Management Department
MARICOPA COUNTY, ARIZONA

CONTRACT AGREEMENT
THIS AGREEMENT, is made and entere,d into this 2nd day of February, 2017, by and between
MARICOPA COUNTY, hereinafter callecl the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
Karber Corporation dba K Com hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of: Three Hundred. Sixty-Three
Thousand- Three Hundred Seventy-Seven Dollars and No cents. ($363.377.00)
Unit prices, if any, are as follows:
$318.819.00 Bid
$9.453.00 Alternate No. I
$7.865.00 Alternate No.2
$27.240.00 Alternate No.3
to be paid to him by the COUNTY, in the manner and at the times hereinafter provided, and in
consideration ofthe othcr covcnants and agneements hercin 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 Department Director, a project for the
Maricopa County Facilities Management Department, designated as Serial # 179001--DB-B, Central
Plant HVAC Equipment Modifications, and furnish at its own cost and expense all nccessary
machinery, equipment, tools, apparatus, rnatcrials, 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 , AddendaL issued prior to the execution of this Agreement, -of if any,
General Conditions, General Requirements, Specifications, Maricopa Association Governmenis
QUAC) Standard Specifications and Uniform Standard Details, and the latest revisions thereto, Maricopa
Cqlnty 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 tfiough all of the same
were fully inserted herein. This Contract, including the Contract Documents, represe.rts the entire and
integrated agrecment between the parties and supersedes any prior negotiations, representations, or
agreements, either written or oral.
All amcndments to this Contract shall be in vrriting and approved/signcd by both parties.
ARTICLE III - TIME FOR COMPLETION: CONTRACTOR further covenants and agrees at its
own cost and expense, to do all work as zrforesaid for the construction of said improvemJnts and to
completely construct the same and install ttre material therein, as called for by this igreement free and
clear of all claims, liens, and charges whats,oever, in the manner and under thi condiiions specified and
within the time, or times, stated in the Bid pamphlet and this Contract. The date for the commeucement
of the work will be set by a Notice to Proceed issued by the Owner. The time for cornpletion will be
measured from the date of commencement.
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ARTICLE IV - SUBSTANTIAL COMPLETION: The CONTRACTOR shall achieve Substantial Completion of
the work not later than 133 days from the date of commencement subject to adjustments to the Contract Time as
provided for herein. Final Completion shall be achieved in 60 days after Substantial Completion, subject to
adjustments to the Contract Time as provided fbr her,oin.
ARTICLE V - PAYMENTS: For and in r:onsideration of the satisfactory performance of the work as
set forth in the Conhact 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 fumished at the unit bid price on the Bid made a paft 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-l1219, the Prompt Pay Act.
ARTICLE VT - LIQUIDATED DAMAGES:
X are r are not
orovided for in this Contract, as explained in the Gcneral Conditions to this Contract. Liquidated
darnages have bccn agreed as being approprirlte as follows:
S94ti.00 per day for a tardy [iubstantial Completion, and
S948.00 per day for a tardy Irinal Complction.
ARTICLE \TI - TERMINATION: The COUNTY hereby gives notice that pursuant to A.R.S. g
38-5ll A, this contract may bc canceled without penalty or further obligation within three years after
cxecution if any person significantly involverd in initiation, negotiation, securing, drafting or creating the
contract on behalf of the COUNTY is, at anlr 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 rcspect to thc sutrject mattcr of the contract. Cancellation under this section
shall bc effective when written notice from the COUNTY is rcceived by all of thc 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 ofthe contract.
ARTICLE VIII - TERMINATION FOR DEFATILT: lf the CONTRACTOR should be adjudged
bankrupt or should make a general assignment for thc benefit of its creditors, or if a rccciver 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 propcrly skilled workers or proper materials, or repeatedly disregard laws
and ordinances, or fail to meet deadlines or not proceed with work, or otherwisc 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 s;hall give the Contractor fourteen (14) calcndar day's writtcn
notice. Upon receipt of such termination notice, thc Contractor shall be allowed fourteen (14) calendar
days to cure such deficiencies. In thc event of termination under this paragraph, all documents, data, and
reports prcpared by the CONTRACTOR under this Contract shall become the properly of and be
delivered to the COUNTY upon demand. [iums 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 6e deemed
to be a termination for convenience.
ARTICLE IX - TERMINATION FOR CONVENIENCE: The COUNTY reserves the right to terminate
the Contract, in whole or in part at any time,, when in the best interests of the COUNTY without penalty
or recourse. Upon receipt of the written notice, the CONTRACTOR shall imrnediately stop all work, as
directed in the notice, notifz all subcontract,ors of the effective date of the tennination and rninimize all
further costs to the COUNTY. In the event of tennination under this paragraph, all documents, data and
rgports 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
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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.
ARTICLB X - SUSPENSION OF WORK: The Construction Project Manager may order the
CONTRACTOR, in writing, to suspend, delay, or intemrpt all or any part of the work of this Contract
for the period of time that the Construction Project Manager determines appropriate for the convenience
of the COUNTY.
If the perforrnance of all or any part of the work is, for an unreasonable period of time, suspended,
delayed, or intemrpted (1) by an act of the Construction Project Manager in the administration of this
Contract, or (2) by the Construction Project Manager'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
intemrption, and the contract will be modified in writing accordingly. However, no adjustment shall be
made under this provision for any suspension, delay, or intemrption to the extent that performance would
have been so suspended, delayed, or intemrpted by any other cause, including the fault of negligence of
the Contractor, or for which an equitable acljustment 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 bcfore the CONTRACTOR has notified the Construction
Project Manager 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); anrl 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 CLAUISE: Recovery of damages related to expenses incurred by
CONTRACTOR for a dclay for which the COUNTY is responsible, which is unreasonablc under thc
circumstances and which was not within the contemplation of the parlics to thc contract, shall bc
negotiated between CONTRACTOR and the COUNTY. This provision shall be construed so as to give
tull effect to any provision in the contract which requires notice ofdelays, 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 signafure on this contract
ccrlifies compliance with the provisions of the I-9 requirements of the Immigration Reform Control Act
of 1986 for all personnel that CONTRACTOR and any subcontractors employ to complete this project.
Thc 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 (rcgarding immigration)
and further acknowledges:
(1) The CONTRACTOR and its sub-co,ntractors, if any, warrant thcir compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S.
523-214, subsection A; (on e-verificarlion, etc.). After Deccmber 3l , 2007, every employer, aftcr
hiring an employee, shall verify the employment eligibility of the employee through the e-vcrily
program and shall keep a record of thr: verification for the duration of the ernployee's employment
or at least three years, whichever is lorrger.
(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-
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 nonnal working hours in order to facilitate such an inspection.
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(4) Nothing herein shall make any COI{TRACTOR or sub-contractor an agent or employee of the
COUNTY.
ARTICLE XIII - SBE PROGRAM: lt is lvlaricopa Counfy's policy to endeavor to ensure in every way
possible that small business participation firms shall have the opportunity to provide profesiional
services, materials, and contractual seryices 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 apprlication or invoice pursuant to the terms of the contract.
ARTICLE XV - ANTI-DISCRIMINA'IIION PROVISION: CONTRACTOR agrees not to
discriminate against ary employee or applicant for employment because of race, age, color, religion, sex,
{is_abllity, or national origin, and fuilher agrees not to engage in any unlawful employment -practices.
CONTRACTOR further agrees to inserl the fbregoing provision in all subcontracts hereunder.
CONTRACTOR agrees to comply with allt provisions and requirements of Arizona Executive Order
?009-09 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 Govemor of the State of Arizona's website
' '; . - : 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 MCl-1202 of the Maricopa County Procurement
Code, any effort to influence an employee or agent to breach the Maricopa County gihical Code of
Conduct, or any unethical conduct, may bc grounds for Disbarment or Suspeniion undei MC1-902.
An attempt to influence includes, but is not limited to:
(l) A Person offering or providing a gratuify, gift, tip, present, donation, money, enteftainment
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 farzorable consideration of any kind.
If a Person lftempts to influence any employee or agent of Maricopa County, the Chief Procurement
Officer, or his designee, reserves the right to seek any remedy provided 6y the Maricopa County
Procurcment Code, any remedy in equity or in the law, or any remedy provided by this contract.
ARTICLE XVII - AMENDMENTS: A.1l amendments to this Contract shall be in writing and
approved/signed by both parties. Maricopa County Office of Procurement Services shall be respoirsible
for approving all amendments for Maricopa County.
ARTICLE XVII - ISRAEL BOYCOTT: By submitting this proposal the Contractor certifies that they
are in compliance with Article 9, Arizona Revised Staftrtes Sectibn:s-:q: 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 counteryarts, each of which shall, without proof or accounting for the other
counterparls, be deemed an original corrtract.
Central Plant HVAC Equipment Modifications
179001-DBB
February 2,2017
Principal (Signature) Date
Rick Karber 46-51 50934
Printed Name Federal Tax Identification Number
President 81 #291503 CR45 #291504
c39 #291505 C37 #294093
Title Arizona CMR's License Number
Net 30
Vendor Terms NIGP Commodity Code (Advantage)
COUNT}' OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Depafiment Head Date Chairrnan, Board of Superyisors 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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