14008-CONTRACT (SIGNED BY CONTRACTOR).PDF

CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
MARICOPA COUNTY, ARIZONA
Electrical Upgrades Court Complex
Office of Procurement Services
Serial # 14008-DBB
Contract # 14008-DBB
c-
Project # 3303-12-1029
Facilities Management Department
MARICOPA COUNTY, ARIZONA
Electrical Upgrades Court Complex Serial # 14008-DBB
Request for Bids - Design Bid Build Pg. #1

CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this 13th day of May , 2014, by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
Data Specialties Inc.
hereinafter referred to as CONTRACTOR
The CONTRACTOR, for and in the consideration of the sum of
Five Hundred Thirty-Nine Thousand, Nine Hundred, Eighty-Three Dollars, and No-Cents,
($539,983.00, (Base Price +Alt No.1 +Alt. No.2))
Unit prices, if any, are as follows:
Contract Base Price Total: $392,186.00
Contract Alternate No.1: $130,879.00
Contract Alternate No.2: $16,918.00
to be paid to him by the COUNTY, in the manner and at the times hereinafter provided, and in
consideration of the other covenants and agreements herein contained, hereby agrees for itself, its
heirs, executors, administrators, successors, and assigns as follows:
ARTICLE I - SCOPE OF WORK: CONTRACTOR shall construct, and complete in a
workmanlike manner and to the satisfaction of the Facilities Management Department Director, a
project for the Maricopa County Facilities Management Department, designated as Serial # 14008-
DBB, Electrical Upgrades Court Complex, and furnish at its own cost and expense all necessary
machinery, equipment, tools, apparatus, materials, and labor to complete the work in the most
workmanlike manner according to the Plans and Specifications on file with the Maricopa County
Facilities Management Department, and listed herein, together with modifications of the same and
other directions that may be made by the Maricopa County Facilities Management Department as
provided herein.
ARTICLE II - CONTRACT DOCUMENTS: The Contract Documents (Invitation to Bid,
Plans, Construction Special Provisions , Addenda issued prior to the execution of this Agreement, if
any, General Conditions, General Requirements, Specifications, Maric,opa Association of
Governments (MAG) Standard Specifications and Uniform Standard Details, and the latest revisions
thereto, Maricopa County Supplement to M.A.G. Uniform Standard Specifications for Public Works
Construction, Bid, Affidavits, Performance Bond, Payment Bond, Certificates of Insurance, and
Change Orders, if any,) are by this reference made a part of this Contract and shall have the same
effect as though all of the same were fully inserted herein. This Contract, including the Contract
Documents, represents the entire and integrated agreement between the parties and supersedes any
prior negotiations, representations, or agreements, either written or oral.
All amendments to this Contract shall be in writing and approved/signed by both parties.
ARTICLE III - TIME FOR COMPLETION: CONTRACTOR further covenants and agrees
at its own cost and expense, to do all work as aforesaid for the construction of said improvements and
to completely construct the same and install the material therein, as called for by this agreement free
and clear of all claims, liens, and charges whatsoever, in the manner and under the conditions
specified and within the time, or times, stated in the Bid pamphlet and this Contract. The date for the
Electrical Upgrades Cowl Complex Serial # 14008-DBB
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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 169 days from the date of commencement subject
to adjustments to the Contract Time as provided for herein. Final Completion shall be achieved in 30
days after Substantial Completion totaling 199 days per CONTRACTORS schedule, subject to
adjustments to the Contract Time as provided for herein.
ARTICLE V - PAYMENTS: For and in consideration of the satisfactory performance of the
work as set forth in the Contract Documents, which are a part hereof, and in accordance with the
directions of the COUNTY, through its Design Professional, the COUNTY agrees to pay the said
CONTRACTOR the amount earned, (and, if unit prices are applicable the sum due as computed
from actual quantities of work performed and accepted, or materials furnished at the unit bid price on
the Bid made a part hereof) and to make such payment in accordance with the requirements of A.R.S.
§ 34-221, as amended. CONTRACTOR agrees to discharge its obligations and to make payments to
its subcontractors and suppliers in accordance with A.R.S. § 32-1129, the Prompt Pay Act.
ARTICLE VI - LIQUIDATED DAMAGES:
X are o are not
provided for in this Contract, as explained in the General Conditions to this Contract. Liquidated
damages have been agreed as being appropriate as follows:
$600.00 per day for a tardy Substantial Completion, and
$600.00 per day for a tardy Final Completion.
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 VDT - TERMINATION FOR DEFAULT: If the CONTRACTOR should be
adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver
should be appointed on account of its insolvency, the COUNTY may terminate the Contract. If the
CONTRACTOR should repeatedly refuse or should fail, except in cases for which extension of time
is provided, to provide enough properly skilled workers or proper materials, or repeatedly disregard
laws and ordinances, or fail to meet deadlines or not proceed with work, or otherwise be guilty of a
material breach of any provision of this Contract, then the COUNTY may terminate the Contract
Prior to termination of the Contract, the COUNTY shall give the Contractor fourteen (14) calendar
day's written notice. Upon receipt of such termination notice, the Contractor shall be allowed
fourteen (14) calendar days to cure such deficiencies. In the event of termination under this
paragraph, all documents, data, and reports prepared by the CONTRACTOR under this Contract
shall become the property of and be delivered to the COUNTY upon demand. Sums claimed due by
the CONTRACTOR shall not be paid until the Work has been completed and such payment shall
only be made after deduction damages caused by the default. In the event a termination for default is
determined to be without cause, it shall be deemed to be a termination for convenience.
Electrical Upgrades Court Complex Serial # 14008-DBB
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ARTICLE IX - TERMINATION FOR CONVENIENCE: The COUNTY reserves the right to terminate the
Contract, in whole or in part at any time, when in the best interests of the COUNTY without penalty or recourse.
Upon receipt of the written notice, the CONTRACTOR shall immediately stop all work, as directed in the notice,
notify all subcontractors of the effective date of the termination and minimize all further costs to the COUNTY. In the
event of termination under this paragraph, all documents, data and reports prepared by the CONTRACTOR under the
Contract shall become the property of and be delivered to the COUNTY upon demand. The CONTRACTOR shall
be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted
before the effective date of the termination. No lost "future profits" will be paid to the CONTRACTOR.
ARTICLE X - SUSPENSION OF WORK: The Project Manager 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 Project Manager 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 Project Manager in the administration of this Contract, or
(2) by the 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
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 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); 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 XL- 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 MI - 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 ARS. §41-44oi (regarding
immigration) and further acknowledges:
Electrical Upgrades Court Complex Serial # 1408-DBB
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(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. §23-2I4, subsection A; (one-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-
contractor is complying with the warranty provided under subsection I above and that the
CONTRACTOR agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.
(4) Nothing herein shall make any CONTRACTOR or sub-contractor an agent or employee of
the COUNTY.
ARTICLE XIII SBE PROGRAM: It is Maricopa County's policy to endeavor to ensure in
every way possible that small business participation firms shall have the opportunity to provide
professional services, materials, and contractual services to the County in a nondiscriminatory
manner.
ARTICLE XIV — SBE PARTICIPATION PAY FORM: This form (copy attached) is to be
submitted with each pay application or invoice. Any pay application or invoice without this form
attached is subject to rejection as not being a completed pay application or invoice pursuant to the
terms of the contract.
ARTICLE XV - ANTI-DISCRIMINATION PROVISION: CONTRACTOR agrees not to
discriminate against any employee or applicant for employment because of race, age, color, religion,
sex, disability, or national origin, and further agrees not to engage in any unlawful employment
practices. CONTRACTOR further agrees to insert the foregoing provision in all subcontracts
hereunder.
ARTICLE XVI — INFLUENCE: As prescribed in MC1-1202 of the Maricopa County
Procurement Code, any effort to influence an employee or agent to breach the Maricopa County
Ethical Code of Conduct, or any unethical conduct, may be grounds for Disbarment or Suspension
under MC1-902.
An attempt to influence includes, but is not limited to:
(1) A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy;
(2) That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
ARTICLE XVII —AMENDMENTS: All amendments to this Contract shall be in writing and
approved/signed by both parties. Maricopa, County Office of Procurement Services shall be
responsible for approving all amendments for Maricopa County
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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 Upgrades Court Complex
14008-DBB
Principal (Signa Date
Philip Rafferty 33-0454779
Printed Name Federal Tax Identification Number
President 200420
Title AZROC's License Number
Net 30 91438
Vendor Terms NIGP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
By:
Department Head Date Chairman, Board of Supervisors Date
ATTEST:
By:
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:
Electrical Upgrades Court Complex Serial # 14008-DBB
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