14007-BALFOUR BEATTY JOC CONTRACT.PDF

JOB ORDER CONTRACTOR (JOC) CONTRACT
MARICOPA COUNTY, ARIZONA
JOB ORDER CONTRACTOR FOR FACILITIES MANAGEMENT
Office of Procurement Services
Serial # 14007-JOC
C-73-14-066-5-00
Facilities Management, Maricopa County Arizona

Division 0 - Bidding & Contract Requirements
Section Description Number of Pages
00005 Table of Contents .............................................................................................. 1
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 ......................... 38
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.
END OF SECTION
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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. 14007-JOC, and shall be effective as of June 25, 2014.
B. OWNER:
MARICOPA COUNTY
c/o Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
C. JOB ORDER CONTRACTOR:
Balfour Beatty Construction
5401 North Pima Road, Suite 125
Scottsdale, AZ 85250
Office: (602) 258-5670; Fax: (602) 258-5675; E-Mail: jmcquarie@balfourbeattyus.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
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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
performance 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
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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 $250,000.00.
Article V. PROGRESS PAYMENTS
5.1 Progress payments will be made in accordance with Article 9 of the General Conditions to the
Job Order Contract.
Article VI. FINAL PAYMENT
6.1 Final Payment will be made in accordance with Article 9 of the General Conditions to the Job
Order Contract.
Article VII. CONTRACT DOCUMENTS
7.1 The Contract consists of the following documents incorporated herein by this reference:
7.1.1 The Job Order Contract – Section 00500.
7.1.2 The General Conditions to the Job Order Contract – Section 00700.
7.1.3 Permits, Change Orders, Change Directives, amendments or modifications to the
Contract.
7.1.4 Any and all documents issued during the procurement process for this Contract.
7.1.5 Task Order documents including, but not limited to, Task Orders, associated plans and
specifications.
7.1.6 Any addenda to any issued Task Orders or other Contract documents.
7.1.7 Exhibits to Section 00700:
Exhibit A – Definitions to the General Conditions
Exhibit B – Alternate Dispute Resolution
Exhibit C – Legal Worker Certification
Exhibit D – Request for Proposal for Task Order
Exhibit E – Performance Bond and Payment Bond Forms
Exhibit F – SBE Reporting Document
Exhibit G – Request for Qualifications dated February 13, 2014
Exhibit H – Statement of Qualifications dated March 07, 2014
Exhibit I – Certificate of Insurance for Job Order Contract.
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Exhibit J – General Requirements for the Job Order Contracts
All of the exhibits listed above are incorporated by reference as though fully set forth,
whether or not they are physically attached to this Contract.
7.1.8 All amendments to this Contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
F. STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
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.
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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.
JOB ORDER CONTRACTOR FOR FACILITIES MANAGEMENT
14007-JOC
Principal (Signature) Date
Brian H. Cahill
President, Southwest Division
2c- 162.7-/F e
Printed Name Federal Tax Identification Number
Pee 51 c) St. AiAirt, 'biv1 5,04 koc..13 etTLI /0 I
Title License Number
Pev- covc(-04 1-e im 5
r- 4f 30 cdt,k410m 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:
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