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JOB ORDER CONTRACTOR (JOC) CONTRACT MARICOPA COUNTY, ARIZONA ELECTRICAL JOB ORDER CONTRACTOR Office of Procurement Services Serial # 14084-JOC C- Facilities Management, Maricopa County Arizona Division 0 - Bidding & Contract Requirements Section Description Number of Pages 00005 Table of Contents 00500 Construction Contract 4 00610 Payment Bond and Performance Bond 3 00700 General Conditions Table of Contents 6 00700 General Conditions to the Construction Contract 43 Exhibit A — Definitions to the General Conditions 3 Exhibit B — Alternate Dispute Resolution 5 Exhibit C — Legal Worker Certification 1 Exhibit D — Request for Proposal for Task Order 1 Exhibit E — Performance Bond and Payment Bond Forms 2 Exhibit F — SBE Reporting Document 1 Exhibit G — Request for Qualifications dated February 13, 2014 102 Exhibit H — Statement of Qualifications dated March 7, 2014 36 Exhibit I — Certificate of Insurance for Job Order Contract 2 Exhibit J — General Requirements for the Job Order Contracts 109 All of the exhibits above are incorporated by reference as though fully set forth herein whether or not physically attached to this contract. NOTE: ALL REFERENCES TO "JOC" IN THIS DOCUMENT ARE UNDERSTOOD TO MEAN THE "ELECTRICAL JOC" END OF SECTION Table of Contents — General Conditions 00700-i SECTION 00500 JOB ORDER CONTRACT A. EFFECTIVE DATE: This CONTRACT is entered into by and between the Owner and the Job Order Contractor as Contract No. 14084-JOC, and shall be effective as of January 27, 2015. B. OWNER: MARICOPA COUNTY c/o Facilities Management Department 401 West Jefferson Street Phoenix, Arizona 85003 C. JOB ORDER CONTRACTOR: AJP Electric 11250 N. Cave Creek Rd. Phoenix, AZ 85020 Office: (602) 944-5477; Fax: (602) 944-5784; E-Mail: anna.paganik@ajpelectric.com D. RECITALS: The scope of work and specifications for a broad range of services will be identified in individual Task Orders which will be issued by the Owner from time to time. See EXHIBIT D hereto. NOW THEREFORE, intending to be legally bound and for valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner and Job Order Contractor agree as follows: E. AGREEMENT: Article I. THE CONTRACT 1.1 The Task Order and other Contract Documents explained in Section 7.1 below and the definitions which are contained Section 00700, Exhibit A, govern this Job Order Contract. Article II. THE WORK 2.1 The Job Order Contractor shall execute the entire Work described by each Task Order, including work which is reasonably inferable and necessary to produce the results intended by the Contract and the Task Order. Article III. CONTRACT TIME 3.1 The Job Order Contractor shall have access to the area of the Work effective from the date of the Notice to Proceed for the assigned Task and shall achieve Substantial Completion and Final Completion of the Work no later than the performance period specified in each Task Order issued. The length of this Contract for services will be for a period of three (3) years with two one-year options to extend the contract, but in no event will this Contract's Term Table of Contents — General Conditions 00700-ii continue longer than five (5) years from the date of the Contract. The term of this Contract shall not be extended. All Work issued hereunder must be completed in full by the final expiration date of this Contract. Extensions to this Contract for years 4 and 5 may only be made by an amendment signed by both parties. A permission to complete a Task Order that extends into Year 4 or Year 5 does not extend the Contract in its entirety for the additional year. 3.2 The Job Order Contractor shall achieve Substantial Completion of the Work (as defined in Section 00700, Article 9.8 herein, and evidenced by a Certificate of Substantial Completion) not later than as specified in each Task Order. 3.3 The Job Order Contractor shall achieve (as defined in Section 00700, Article 9.9 herein, and evidenced by a Certificate of Final Completion) no later than as specified in each Task Order. Article IV. CONTRACT SUM 4.1 The Owner shall pay the Job Order Contractor in current funds for the Job Order Contractor's perfoiniance of individual Task Orders in an aggregate amount not to exceed Fifteen Million Dollars ($15,000,000.00) in total, and not to exceed Five Million Dollars ($5,000,000.00) per Fiscal Year, which Fiscal Year shall be designated by the Owner as beginning on July 1st and ending on June 30th of the next calendar year. The single maximum value of a task issued shall not exceed $1,000,000.00. The Owner does not guarantee a minimum Contract Sum under this Contract, and Job Order Contractor, in accepting this Contract, does not expect a minimum Contract Sum. Payments will be made in accordance with the sum negotiated for each specific Task Order. Maricopa County, at its sole discretion, may require the Job Order Contractor to purchase from a specified or designated County supplier (i.e. Home Depot) any and/or all available materials applied or installed by the Job Order Contractor or its subcontractors for a Task Order. The materials purchased by the Job Order Contractor(s), or its subcontractor(s), shall be purchased by the Job Order Contractor(s), or its subcontractor's, using their own funds and/or credit. Any discounts offered to the JOC by the County's material supplier shall be passed through to the County without markup. The County is not a party to these transactions and any issue/disputes shall be resolved without the involvement of the County. 4.2 LABOR PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract renewal. Requests for adjustment in cost of labor must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey. This section covers the positions of Project Manager, Superintendent and Engineer/Coordinator. 4.3 FEE AND OVERHEAD CALCULATIONS FOR CONSTRUCTION COSTS UP TO $250,000.00 Overhead must be all inclusive and include all "costs of doing business". The County will not pay separately for items such as, but not limited to warranty, project closeout, home office expense, personal safety equipment, safety personnel, unless safety personnel is specifically required for the Work being performed and approved by the Owner. The Job Table of Contents — General Conditions 00700-iii Order Contractor agrees the overhead shall be no more than 8% and the fee shall be capped at 5%. 4.4 FEE AND OVERHEAD CALCULATIONS FOR CONSTRUCTION OVER $250,000.00 Overhead must be all inclusive and include all "costs of doing business". The County will not pay separately for items such as, but not limited to warranty, project closeout, home office expense, personal safety equipment, safety personnel, unless safety personnel is specifically required for the Work being performed and approved by the Owner. Overhead cost and percentages in addition to Job Order Contractor fee(s) shall be negotiated between the Job Order Contractor and the County for any projects exceeding $250,000.00. Article V. PROGRESS PAYMENTS 5.1 Progress payments will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VI. FINAL PAYMENT 6.1 Final Payment will be made in accordance with Article 9 of the General Conditions to the Job Order Contract. Article VII. CONTRACT DOCUMENTS 7.1 The Contract consists of the following documents incorporated herein by this reference: 7.1.1 The Job Order Contract — Section 00500. 7.1.2 The General Conditions to the Job Order Contract — Section 00700. 7.1.3 Permits, Change Orders, Change Directives, amendments or modifications to the Contract. 7.1.4 Any and all documents issued during the procurement process for this Contract. 7.1.5 Task Order documents including, but not limited to, Task Orders, associated plans and specifications. 7.1.6 Any addenda to any issued Task Orders or other Contract documents. 7.1.7 Exhibits to Section 00700: Exhibit A — Definitions to the General Conditions Exhibit B — Alternate Dispute Resolution Exhibit C — Legal Worker Certification Exhibit D — Request for Proposal for Task Order Exhibit E — Performance Bond and Payment Bond Forms Exhibit F — SBE Reporting Document Exhibit G — Request for Qualifications dated February 13, 2014 Exhibit H — Statement of Qualifications dated March 07, 2014 Exhibit I — Certificate of Insurance for Job Order Contract. Table of Contents — General Conditions 00700-iv Exhibit J — General Requirements for the Job Order Contracts All of the exhibits listed above are incorporated by reference as though fully set forth, whether or not they are physically attached to this Contract. 7.1.8 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. F. STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. Table of Contents — General Conditions 00700-v 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. ELECTRICAL JOB ORDER CONTRACTOR 14084-JOC 2/4/15 Date Anna Paganik 86-0750443 Printed Name Federal Tax Identification Number President ROC 101196; 101195; 146006 Title License Number Net 30 days 914-84 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: Attorney for the Board of Supervisors Date: Table of Contents — General Conditions 00700-vi Hello Paul, Please find below the hourly labor rates breakdown for various categories as per your request: Foreman $50.00 SW Electrician $40.00 Apprentice $30.00 Laborer $25.00 Project Manager $75.00 Project Superintendent $65.00 Project Coordinator $55.00 Project Engineer $45.00 Overtime Rates: Foreman $70.00 .1W Electrician $60.00 Apprentice $45.00 Laborer $37.50 Overhead 10% Profit 5% Please call me if you have any questions. Thank you, Anna Paganik ATP F:Iectric 11250 N. Cave Creek Rd., Phoenix, AZ 85020 Office: (602)944-5477 / Fax: (602)944-5784/ Mobile: (602)451-4844 Table of Contents - General Conditions 00700-ii Contract No.: 1408440C EXHIBIT I MARICOPA COUNTY 152F,..)R CERTIFICATE OF INSURANCE - JOB ORDER CONTRACT SERIAL fl 1408440C CERTIFICATE OF LIABILITY INSURANCE Oki/ChM/DI:(V1NY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERHEME IME..4'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(St AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. IF SUBROGATION IS WAIVED, subject to the terms and conditions of the potty, 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). NAME AND ADDRESS OF INSURANCE AGENCY: INSURERU4FLODING COVERAGES: NAIC# Company Letter A I AJP Electric, Inc. C,ompany Letter B Company Letter c NAME AND ADDRESS OF INSURED: Company Letter D 11260 N. Cave Creek Company Letter E • Phoenix, AZ 85020 COmpany Letter F THIS Is TO CERTIFY THAT THE POLICIES OF INSURANCE UsTE0 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 W1111 RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POUcIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Use Mt 50135 POLICY POLICY EFT POLICY EXP . Lilt TYPE OrtHSURANCE , 14511 YNO MISER 0.41103/Y4 MOONY) LIMITS A GENERAL LIABILITY: X x ACP7244 08/31/14 08/31/1 I wi j,t , pe e•l oot. lE1 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CI: CLAIMS MADE Ed: OCCUR 130063 5 4 //660,,bbb RI: BODILY INJURY PERSONAL & AD'! INJURY El: BLANKET CONTRACTURAL GENERAL. AGGREGATE t opoicer El: BROAD FORM PROPERTY DAMAGE PRODUCTS/ COMPIOP AGO Ait"° I 1:454-‘ GEN'L AGGREGATE LIMIT APPLIES PER Eh POLICY CD: PROJECT 0: LOCATION AUTOMOBILE LIABILITY: X X ACP724 08/31/14 08/31/1 COMBINED SINGLE UMIT / 1, 011/441 al: ANY AUTO 4130063 5 (EA BODILY Accident) INJURY IA: ALL OWNED AUTOS (Per Person) MI: HIRED AUTOS BODILY INJURY (Per Aoldent) EEO: ALL NON-OWNED AMS PROPERTY DAMAGE (Per acctderit) CI: EXCESSIUMBRELLA LIABILITY ACP7244 08/31114 08131/15 EACH OCCURRENCE $SIZO)060 0: Claims Made 0: 00CL/r 0: Deductible 130063 AGGREGATE it S;arn,arz CI Retention MI: WORKERS' COMPENSATION N/A DO: WC STATUTORY UNITS AND EMPLOYERS' LIABILITY EL' EA ACCIDENT Any PropdeterlPartneraxecutive Office/Member E.L. DISEASE: EACH Excluded El: YES CI: NO EMPLOYEE If Yea describe under Special Provisions E.L. DISEASE: POLICY LIMIT RI: BUILDERS' RISK ALL.RISKFORM X X REPLACEMENT COSTS SPECIAL PROVISIONS: The portico requked hereunder, except Workers Compensation, cattalo a waNer of transfer of rigNs of recovery (subrogation) egotist County, Es agents, maesen Oyes, Mem, directors, officials, and employees for any claims arlskig out of Contractors work or service. Except Workers' Coropensedar, the Candy, its agents; representethas, officers, direcixs, offidals, end employees are named as Atidffional Insureds. To the extent provided In Ws Contract, Insured shalt lie/end, indemnify, and hold harmless the County from Ralik arising out deny services provided a duty performed by Insured as required by statute, law, purchase order or otherwise required, with the exception of Eatirty for loss or dame resulting from Use sole negigence of the County, es agents, employees, or &identities It Is agreed that any Insurance availabki to the named Insured shall be Om of et other sources that may be avallatika and Insurance malnigned by Canty shall not conUtule toil. Renewal certificate must be sent to County fifteen (16) days prior to olotradort dale. DuTders' Risk insurance shah also cover false work and temporary lioildngs and that insure &gest aka drect phyecal loss or damage from external causes Including debris removal, demolition =gloried by enlacement of any eppticabie legal requirements, and SW cover reasoublecomPensallos for =hikes se** and expenses mg ufred as a restft of such Insured toss and other 'soft costs' as required by he Contract, THIS CERTIFICATE IS NOT VAUD UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY. CERTIFICATE HOLDER " CANCELLATION, MAR1COPA COUNTY OFFICE OF PROCUREMENT SERVICES It Is further-a: eed that no policy shall expire, be canCelled, or materially 320 WEST LINCOLN STREET chang hi to aft the coverage available to the County without thIrty (30) days PHOENIX, ARIZONA 86003 written otice to a Coun . i ,i-,_ ?, i-:.-4.. 4 AUTH Y ' i?g P'" •PRES DATE ISSUED' • ' General Conditions for JOG Page 11 59 .---- 1 0 DATE (MM/DD/YYYY) ARE) CERTIFICATE OF LIABILITY INSURANCE 4s..... 02/04/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CopperPoint Mutual CopperPoint Mutual and its subsidiaries PHONE Est): 602.631.2600 or 866.284.2694 (ArC, FAX No 602.631.2599 3030 N. 3rd Street ADDRESS: E-MAIL INSURER(S) AFFORDING COVERAGE NAIC # Phoenix AZ 85012-3068 INSURER A : CopperPoint General Insurance Company 13043 INSURED INSURER B : AJP Electric Inc INSURER C: 11250 N Cave Creek Rd INSURER D: INSURER E: Phoenix AZ 85020 INSURER F : COVERAGES CERTIFICATE NUMBER: 750 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. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER (MM/DD/YYYY) POLICY EFF (MM/DDIYYYY) POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT PRO- LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS AUTOS NON-OWNED (Per PROPERTY accident) DAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X PER 0TH- ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A EL. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? 1003493 07/01/2014 07/01/2015 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Job #: Serial #14084-JOC Location: Electrical Job Order Cont 5190-ELEC WIRE-BLDG-INST/REP FIX/APL Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents and representatives. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Maricopa County Office of Procurement Services 320 West Lincoln Street AUTHORIZED REPRESENTATIVE Phoenix AZ 85003 © 1988-2014 ACORD CORPORA All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Anyone for whom you have agreed to provide this Waiver subject to the terms of this endorsement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/01/14 Policy No. 1003493 Endorsement No. 1 Insured aaaaAJP Electric Inc Premium $ 131,170 Insurance Company CopperPoint General Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance