CONTRACT.PDF

DESIGN-BID BUILD CONTRACT
MARICOPA COUNTY, ARIZONA
GILBERT LANDFILL DRAINAGE IMPROVEMENTS
Office of Procurement Services
Serial # 13035-DBB
Waste Resources and Recycling
MARICOPA COUNTY, ARIZONA
Gilbert Landfill Drainage Improvements Serial # 13035-DBB
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CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 12 day of5erlealiaer; 20 13 , by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
Intermountain West Civil Constructors --50— • hereinafter called CONTRACTOR.
WITNESSETH: That the said CONTRACTOR, for and in the consideration of the sum of:
$ 1,276,269.00 (One million two hundred seventy six thousand, two hundred sixty nine dollars)
to be paid to him by the COUNTY, in the manner and at the times hereinafter provided, and of the other
covenants and agreements herein contained, hereby agrees for himself, heirs, executors, administrators,
successors, and assigns as follows:
ARTICLE I SCOPE OF WORK: CONTRACTOR shall construct, and complete in a workmanlike
and substantial manner and to the satisfaction of the Waste Resources and Recycling Director, a project
for the Maricopa County Waste Resources and Recycling, designated as Serial #13035-DBB, GILBERT
LANDFILL DRAINAGE IMPROVEMENTS, and furnish at its own cost and expense all necessary
machinery, equipment, tools, apparatus, materials, and labor to complete the work in the most substantial
and workmanlike manner according to the Plans and Specifications on file with the Maricopa County Waste
Resources and Recycling, and such modifications of the same and other directions that may be made by
the Maricopa County Waste Resources and Recycling as provided herein.
ARTICLE ll - CONTRACT DOCUMENTS: The Bid/Contract Documents (Invitation to Bid, Plans,
Construction Special Provisions , Addenda, if any, Maricopa Association of Governments (MAG) Standard
Specifications and Uniform Standard Details, 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.
ARTICLE III - TIME OF COMPLETION: CONTRACTOR further covenants and agrees at its own
proper 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 within
the time, or times, stated in the Bid pamphlet.
ARTICLE IV - PAYMENTS: For and in consideration of the satisfactory performance of the work
herein embraced as set forth in the Bid/Contract Documents, which are a part hereof, and in accordance
with the directions of the COUNTY, through its Engineer and to its satisfaction, the COUNTY agrees to pay
the said CONTRACTOR the amount earned, 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
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discharge its obligations and make payments to its subcontractors and suppliers in accordance with A.R.S.
§ 32-1129.
ARTICLE V - 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 VI - 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.
ARTICLE VII - TERMINATION FOR DEFAULT: If the Contractor fails to meet deadlines, or fails to
provide the agreed upon service/material altogether, a termination for default will be issued. The
termination for default will be issued only after the County deems that the Contractor has failed to remedy
the problem after being forewarned.
ARTICLE VII - TERMINATION BY THE COUNTY: 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 persistently or
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 persistently disregard laws and ordinances, or not proceed
with work or otherwise be guilty of a substantial violation 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
fifteen- (15) calendar day's written notice. Upon receipt of such termination notice, the Contractor shall be
allowed fifteen (15) calendar days to cure such deficiencies.
ARTICLE VIII — SUSPENSION OF WORK: The Procurement Officer 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 Procurement Officer 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 Procurement Officer in the administration of this Contract, or (2) by the
Procurement Officer'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) necessarily caused by the unreasonable suspension, delay, or interruption, and the
Gilbert Landfill Drainage Improvements Serial # 13035-DBB
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contract 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 for 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 20 days before the Contractor shall have notified the Procurement Officer
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 asserted 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 IX - 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 arbitration or other procedure for
settlement or provides for liquidated damages.
ARTICLE X - 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. It is understood
that the COUNTY shall conduct itself 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 and further acknowledges:
(1) That 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; 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) That 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 contracts;
(3) That the contracting government entity 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 normal working hours in order to facilitate such an inspection.
Gilbert Landfill Drainage Improvements Serial # 13035-DBB
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(4) That nothing herein shall make any CONTRACTOR or sub-contractor an agent or employee of the
contracting government entity.
ARTICLE XI - 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 XII — SBE PARTICIPATION PAY FORM: This form 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 XIII - 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 XIV — 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:
CO 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 X — SMALL BUSINESS ENTERPRISE PROGRAM: The Maricopa County Small
Business Enterprise (SBE) Program is incorporated by reference. It is Maricopa County's policy to provide
small businesses the opportunity to participate in the District's solicitation process and to be considered to
fulfill the requirements for various commodities and services. No specific SBE participation percentage
goal or dollar amount has been established for the contract.
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IN WITNESS WHEREOF: One (1) identical counterparts of this Contract, each of which shall for all
purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on
the date and year first above written.
ritier4itn -63/7 WeSi 6 11%! C6)tS74Ire74)r5, --2:itC--
Party of the First Part
By: Rli k. -Rec5e:ROIA ci 1 i
Printed Name
Title: Tr e5 idea Date: Oc? fialAni/ 3
'Sep -b755o 1Pi
Tax Identification Number Vendor Terms
Maricopa County Office of Procurement Services
Party of the Second Part
RECOMMENDED BY: LEGAL REVIEW:
Approved as to form and within the
Powers and authority granted under
Director the laws of the State of Arizona to
Maricopa County Waste Resources and Recycling
County Attorney
Date
BOARD OF SUPERVISOR'S APPROVAL:
By:
Chairman, Board of Supervisors
Date:
ATTEST:
By:
Clerk of the Board NIGP Commodity Code (Advantage)
Gilbert Landfill Drainage Improvements Serial # 13035-DBB
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