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CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
Downtown Fueling Station & Car Wash
Office of Procurement Services
Serial # 220049-DBB
Contract # 220049-DBB
C-
Project # 3331-21-0002
Facilities Management Department
MARICOPA COUNTY, ARIZONA
CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this 2lst_ day of March, 2022, by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
TSG Constructors, LLC. hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of
$3,487,000.00 (Three Million, Four Hundred Eighty-Seven Thousand Dollars, and No Cents)
Unit prices, if any, are as follows:
Base Bid: $2.997,000.00
Alternate #1; $230,000.00
Alternate #2: $260,000.00
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 FMD Director, a project for the Maricopa County FMD, designated
as Serial #220049-DBB, Downtown Fueling Station & Car Wash, 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 FMD,
and listed herein, together with modifications of the same and other directions that may be made by the
Maricopa County FMD 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, Maricopa 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 II - 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 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 300 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, 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
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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:
Liquidated damages are provided for in this Contract, as explained in the General Conditions to this
Contract.
Upon failure of Contractor to substantially complete the Project within the specified period of time, plus
approved time extensions, Contractor shall pay to OWNER the maximum sum of One Thousand, Forty-
Four Dollars and no cents ($1,044.00) for each calendar day after the time specified in Article TV above.
The actual liquidated damages cost, including back-up will be forwarded to the Contractor. In any case the
actual liquidated damages amount shall not exceed the maximum sum indicated above. After Substantial
Completion, should Contractor fail to complete the remaining work within the time specified in Article TV
above, plus approved time extensions thereof, for completion and readiness for Final Completion,
Contractor shall pay to OWNER the maximum sum of One Thousand Forty-Four Dollars and no cents
($1,044.00) for each calendar day after the time specified in Article [V above. The actual liquidated
damages cost, including back-up will be forwarded to the Contractor. In any case the actual liquidated
damages amount shall not exceed the maximum sum indicated above. These amounts are not penalties but
are liquidated damages to OWNER for its inability to obtain full beneficial occupancy of the Project.
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 VHI - 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 ofits insolvency, the COUNTY may terminate the Contract. Ifthe 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 shail 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.
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
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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 Owner 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 Owner
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 Owner in the administration of this Contract, or (2) by the Owner’s failure
to act within the time specified in this Contract (or within a reasonable time if not specified), an adjustment
shalt 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 shal! 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 Owner 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 XI - 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 XH - 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 I-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 A.R.S. §41-4401 (regarding immigration) and
further acknowledges:
qd) 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; (on e-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 Jonger.
(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;
G) The COUNTY retains the legal right to inspect the papers of aay 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
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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.
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
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 Governor of the State of Arizona’s website
htutp://Avww.azgovernor.gov/dms/upload/EO 2009 09.pdf 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 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:
ci) 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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ARTICLE XVII- ALTERNATIVE DISPUTE RESOLUTION
See Exhibit A for Alternative Dispute Resolution.
ARTICLE XIX UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter Il, © PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
contained in Title 2 C.F.R. § 200 et seq.
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'
IN WITNESS WHEREOEF, 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.
Downtown Fueling Station & Car Wash
220049-DBB
, LAG. March 29, 2022
Signature) Date
Stanley S. Showalter 90-0275459
Printed Name Federal Tax Identification Number
Manager ROC 204114 KN-01
Title Arizona Contractor’s License Number
90924
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:
Deputy County Attorney
Date:
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|
1.2
1.3
14
1.5
EXHIBIT A - ALTERNATIVE DISPUTE RESOLUTION
Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution (“ADR”) process provided herein shall be the exclusive means for
resolution of claims or disputes arising under or related to the Contract, the interpretation thereof
or the performance or breach by any party thereto, including but not limited to original claims or
disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or
subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such disputes
involve parties to contracts containing this ADR provision. No changes can be made to this process
without the mutual assent of the County and the claimant. The parties have structured this
procedure with the goal of providing for the prompt, efficient and final resolution of all disputes
falling within the purview of this ADR process.
Meeting of Principals. When a claim is made or a dispute (hereafter “dispute”) as described in
Paragraph 1.2 arises, senior representatives of the County and the claimant will meet personally
within ten (10) business days to discuss the dispute and attempt to resolve it. [f, after good faith
efforts, resolution is not achieved, the dispute will proceed to mediation.
Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either
as single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State
Bar of Arizona and have experience in construction law.
Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the
parties may enter into mediation. The parties shall jointly select a mediator. The parties may
mutually agree to waive mediation and proceed directly to arbitration. If the mediation process is
requested by either party, the mediation period shall be informal and shall not exceed sixty (60)
calendar days from the selection of the mediator. During the mediation process either party may
terminate mediation on written notice to the other party and the mediator.
Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if mediation is unsuccessful, if mediation has been waived
by the parties, or if a party requests arbitration during the mediation process. Except as provided
in Section 1.7.5 and 1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on
the parties and not subject to further judicial review.
1.5.1 A party requesting binding arbitration shall notify the other party of their demand for
arbitration in writing within seven (7) calendar days of (1) the failure of mediation; (2)
waiver of mediation; or (3) of the party’s demand to terminate mediation.
1.5.2 If the Contractor requests arbitration it shall post a cash bond with the arbitrator in an
amount agreed upon by the parties or, in the event of no agreement, the arbitrator shall
establish the amount of the cash bond to defray the cost of the arbitration and the proceeds
from the bond shall be allocated in accordance with paragraph 1.7.7. The bond must be in
the full amount agreed upon or as established by the Arbitrator to pay the potential cost of
the full arbitration proceeding. The bond must be posted with and received by the arbitrator
within five (5) calendar days after the demand for arbitration.
1.5.3 Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the parties
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shal! each submit two names to a Judge designated by Maricopa County who shail select
the single arbitrator.
1.5.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators:
the County's appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator
who shall be selected by the parties' arbitrators and serve as the Chair of the arbitration
panel.
1.5.5 The arbitration is to be convened and administered under the Revised Uniform Arbitration
Act (“RUAA”) (A.R.S. § 12-3001 ef seg.) and the American Arbitration Association
Construction Rules shall serve as a guideline for proceedings, thus as a supplement to the
RUAA.
1.6 Expedited Hearing, Any party can request the single arbitrator or the Chair of the arbitration panel
to set an expedited hearing, If the single arbitrator or the Chair of the arbitration panel determines
that the circumstances justify it, the single arbitrator or the Chair of the arbitration panel will
arrange for scheduling of the arbitration at the earliest possible date. In any event, the hearing of
any dispute not expedited will commence as soon as practical but in no event later than thirty (30)
calendar days after notification of request for arbitration having been received. This deadline can
be extended only with the consent of all the parties to the dispute, or by decision of the single
arbitrator or the Chair of the arbitration panel upon a showing of good cause.
17 Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner
that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties.
Each party shall supply to the single arbitrator or arbitration panel a written pre-hearing statement
which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and
exhibits, a brief description of the subject matter of the testimony of each witness who will be called
to testify, and an estimate as to the length of time that will be required for the arbitration hearing.
The single arbitrator or the Chair of the arbitration panel shall determine the nature and scope of
discovery, if any, and the manner of presentation of relevant evidence consistent with deadlines
provided herein, and the parties’ objective that disputes be resolved in a prompt and efficient
manner. No discovery may be had of any materials or information for which a privilege is
recognized by Arizona Jaw. The single arbitrator or the Chair upon proper application shall issue
such orders as may be necessary and permissible under law to protect confidential, proprietary or
sensitive materials or information from public disclosure or other misuse. Any party may make
application to the Maricopa County Superior Court to have a protective order entered as may be
appropriate to confirm or enforce such orders of the Chair.
1.7.1 Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of good cause.
1.7.2 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue an award, The arbitration panel shall, within ten (10) calendar days from the
conclusion of any hearing, by majority vote, issue its award. The award shall include an
allocation of fees and costs pursuant to 1.7.7 herein. The award is to be in accordance with
the Contract and the law of the State of Arizona,
1.7.3 Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall
be void. If an award is made against any party in excess of one hundred thousand dollars
($100,000), exclusive of interest, arbitration fees, costs and attorneys’ fees, it shall be
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supported by written findings of fact, conclusions of law and a statement as to how damages
were calculated.
1.7.4 Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the
amount asserted in any party’s claim, but shall conduct a preliminary hearing into the
question of jurisdiction over the claim as regards its amount upon application of any party
at the earliest convenient time, but not later than the commencement of the arbitration
hearing. If the dispute is determined to involve less than $200,000, the arbitration shall
continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
1.7.5 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment
on it,
1.7.6 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Mediator or the single arbitrator or arbitration panel, may: (i) at the request of any party,
join and/or sever parties, and/or claims arising under other contracts containing this ADR
provision, and (ii) the Mediator, on his own authority, or the single arbitrator or arbitration
panel may, on its own authority, join or sever parties and/or claims subject to this ADR
process as deemed necessary for a just resolution of the dispute, consistent with the parties’
goal of the prompt and efficient resolution of disputes, provided; however, that the A/E,
Owner and Project Professionals shall not be joined as a party to any claim made by a
Contractor. Nothing herein shall create the right by any party to assert claims against
another party not arising under or related to the Contract or not recognized under the
substantive law as applicable to the dispute. Neither the Mediator nor the single arbitrator
or arbitration panel is authorized to join to the proceeding parties not in privity with the
County. The CONTRACTOR cannot be joined to any pending arbitration proceeding,
without CONTRACTOR’s express written consent and unless CONTRACTOR is given
the opportunity to participate in the selection of the single arbitrator or non-County
appointed arbitrator.
1.7.7 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the mediation. All fees and costs associated with any arbitration
before the single panel or arbitration panel, including without limitation the arbitrator fees,
and the prevailing party’s reasonable attorneys’ fees, expert witness fees and costs, will be
paid by the non-prevailing party, except as provided for herein. In the event that
CONTRACTOR is the non-prevailing party, all fees and costs as noted above shall first be
paid out of the bond posted with the arbitrator. In no event shall the CONTRACTOR’s
obligation to pay fees and costs be limited to the amount of the bond posted herein. In no
event shall any arbitrator’s hourly fees be awarded in an amount in excess of $250 per hour
and (i) costs shall not include any travel expenses in excess of mileage at the rate paid by
Maricopa County, not to exceed a one way trip of 150 miles, and (ii) all travel expenses,
including meals, shall be reimbursed pursuant to the travel policy of Maricopa County in
effect at the time of the hearing. The determination of prevailing and non-prevailing
parties, and the appropriate allocation of fees and costs, will be included in the award by
the single arbitrator or arbitration panel.
1.7.8 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to
a party’s attorneys or accountants, no party shall make any disclosure related to the
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disputed matter or to the outcome of any proceeding except to the extent required by law,
or to seek interim equitable relief, or to enforce an agreement reached by the parties or an
award made hereunder. This provision does not affect the County’s right to inform the
County Supervisors of the dispute.
1.7.9 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any
party can petition the Maricopa County Superior Court for interim equitable relief as may
become necessary to preserve the status quo and prevent immediate and irreparable harm
toa party or to the Project pending resolution of a dispute pursuant to ADR provided herein.
No court may order any permanent injunctive relief except as may be necessary to enforce
an order entered by the arbitration panel, The fees and costs incurred in connection with
any such equitable proceeding shall be determined and assessed in ADR.
1.7.10 Change Order. Any award in favor of the CONTRACTOR against the County or in favor
of the County against the CONTRACTOR shall be reduced to a Change Order and
executed by the parties in accordance with the award and the provisions of the Contract or
a settlement agreement as appropriate.
1.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or other
relief, including the extension of the Contract performance period which reasonably should
or could have been brought against any party that was or could have been brought into this
ADR process, with respect to the subject claim. The arbitration panel shall apply legal
principles commonly known as merger and bar to deny any claim or claims against any
party regarding which claim or claims recovery has been sought or should have been sought
in a previously adjudicated claim for an alleged cost, loss, breach, error, or omission.
1.8 Inclusion in Other Contracts. The CONTRACTOR shall cooperate with the County in efforts to
include this ADR provision in all other Project contracts,
END OF EXHIBIT
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ADDENDUM 3 REVISED ATTACHMENT A-BID FORM
TO THE BOARD OF SUPERVISORS
MARICOPA COUNTY
PHOENIX, ARIZONA
All:
The following bid is made for constructing Serial #220049-DBB, Downtown Fueling Station & Car Wash, in
the County of Maricopa, State of Arizona.
The following items are made on behalf of TSG Constructors, LLC
2,997,000.00
Base Bid: $
Alternates:
1, Alternate #1: Fuel Car Wash Facility Demolition Work: Location: Ground Floor SE Corner,
401 W Jefferson Street, Phoenix, AZ 85003: Base bid shall leave all fueling and wash bay
equipment to be abandoned in place. Alt #1 to include all shown selective demolition work,
including Fueling Equipment and Wash Bay Equipment with all Tanks and utilities
demolished or treated as shown on Sheets A1.1, PD 7.1 and ED 7.1; and as legally required
by existing codes and governing authorities $_ 230,000.00
2. Alternate #2: Fuel Island Canopy: The Base bid project does NOT include the fueling island
canopy. Fuel Islands will remain uncovered and receive pole mounted site lighting. Alt #2-
Provide and install a complete fuel island canopy as shown in the Architectural, Structural,
Mechanical, Plumbing and Electrical drawings for a complete operating system.
$___ 260,000.00
The maximum allowable overhead rate & profit rate applicable to any future project change orders or revisions
shall be:
Overhead Rate: 10%
Profit Rate: 5%
Evidence of authority to submit the bid is herewith furnished. The bid is, in all respects, fair and is made without
collusion on the part of any person, firm, or corporation mentioned above, and no member or employee of the
Board of Supervisors is personally or financially interested, directly or indirectly, in the bid, or in any purchase
or sale of any materials or supplies for the work to which it relates, or in any portion of the profits thereof.
The undersigned certifies that the approved plans, Construction Special Provisions, forms of contract, bonds, and
sureties authorized by the Board of Supervisors and constituting essential parts of this bid have been carefully
examined and also that the site of the work has been personally inspected.
The undersigned declares that the amount and nature of the work to be done is understood and that at no time will
misunderstanding of the plans, Construction Special Provisions, bid/contract documents or conditions to be
overcome, be pled. On the basis of the plans, Construction Special Provisions, bid/contract documents, the forms
of contract, bonds, and sureties proposed for use, the undersigned shall furnish all the necessary machinery,
equipment, tools, apparatus, and other means of construction, to do all the work, and to furnish all the materials
in the manner specified, and to finish the entire project within the time promised, and to accept, as full
compensation therefore, the sum of various products obtained by multiplying each unit price, herein bid for the
work or materials, by the quantity thereof actually incorporated in the complete project, as determined by the
engineer, The undersigned understands that the quantities mentioned herein are approximate only and are subject
to increase or decrease and hereby promises to perform all quantities of work, as either increased or decreased, in
accordance with the provisions of the construction documents.
220049-DBB Downtown Fueling Station & Car Wash-Addendum 3 Revised Attachment A Bid
Form
The undersigned shall perform all extra work that may be required on the basis provided in the construction
documents and to give such work personal attention and to secure economic performance.
The undersigned shall further execute the Contract Agreement and furnish satisfactory bonds and sureties within
10 days of receipt of Notice of Bid acceptance, TIME BEING OF THE ESSENCE. The undersigned further
proposes to begin work as specified in the contract attached hereto, and to complete the work within 300
CALENDAR DAYS from the effective date specified in the Notice to Proceed, and maintain at all times a
payment bond and a performance bond, approved by the Board of Supervisors, each in an amount equal to one
hundred percent of the contract amount. These bonds shall serve not only to guarantee the completion of the work
on the part of the undersigned, but also to guarantee the excellence of both workmanship and material and the
payment of all obligations incurred, said bonds and sureties to be in full force and effect until the work is finally
accepted and the provisions of the plans, construction specifications, and Construction Special Provisions
fulfilled.
A bid bond in the amount and character named in the Invitation to Bid is enclosed amounting to not less than 10
percent of the total bid. The bid bond is submitted as a guaranty of the good faith of the bidder and the bidder
will enter into written contract, as provided, to do the work, if successful in securing the award thereof: and it is
hereby agreed that if, at any time other than as provided in the bid requirements and conditions, the undersigned
should withdraw its bid, if the bid is accepted and there should be failure on the part of the undersigned to execute
the contract and furnish satisfactory bonds and sureties as herein provided, the County of Maricopa in either of
such events, shall be entitled and is hereby given the right to retain the said bid bond as liquidated damages.
The undersigned has enclosed the required bid security to this bid.
TF BY AN INDIVIDUAL:
By:
(Printed Name) (Title) (Telephone Number)
{Signature} (Date) (Fax Number)
(Address) (Email Address)
IF BY A FIRM, PARTNERSHIP OR L.L.C, (LIMITED LIABILITY CORPORATION):
By: TSG Constructors, LLC Member 623-742-0161
(Firm Name) (Title) (Telephone Number)
03.17.22 NA
(Date) (Fax Number)
2340 W. Parkside Lane Suite H-105, Phoenix, AZ 85027 s.showalter@tsgconstructors.com
(Firm Address) (Email Address)
**Name and Address of each member, or each manager of L.L.C. per Operating Agreement
Kerry S. Showalter
Stanley S. Showalter 5237 E. Baker Dr.
5237 E. Baker Dr.
Cave Creek, AZ 85331
Cave Creek, AZ 85331 ‘ave Creek,
220049-DBB Downtown Fueling Station & Car Wash-Addendum 3 Revised Attachment A Bid
Form
Attachment B - SUBCONTRACTOR LISTING
SUBMIT THIS ATTACHMENT B WITH EITHER:
1) your bid package; or
2) within 24 hours after this solicitation’s due date.
The following is a listing of material suppliers and/or subcontractors which will be used by
contractor in the event the undersigned enters into a contract with the County. No changes of the
subcontractors and material suppliers named herein shall be made without the prior written
approval of the County. If submitting within 24 hours of the bid due date/time, email the
completed Attachment B to the corresponding procurement officer and note that in the
fields below.
Plumbing: Tek Star Plumbing and Mechanical
HVAC: TCK Service Group, Inc.
Electrical: Kwaad Electric, LLC
Fire Alarm: Firetrol Protection Systems, Inc.
Electronic Surveillance: Enterprise Security, Inc.
Ba ey S. Showalter
Member
(Title)
03.18.22
(Date)
Downtown Fueling Station & Car Wash Serial # 220049-DBB
Request for Bids - Design Bid Build Pg. #19
Attachment B - SUBCONTRACTOR LISTING
SUBMIT THIS ATTACHMENT B WITH EITHER:
1) your bid package; or
2) within 24 hours after this solicitation’s due date.
The following is a listing of material suppliers and/or subcontractors which will be used by
contractor in the event the undersigned enters into a contract with the County. No changes of the
subcontractors and material suppliers named herein shall be made without the prior written
approval of the County. If submitting within 24 hours of the bid due date/time, email the
completed Attachment B to the corresponding procurement officer and note that in the
fields below.
Doors, Frames & Hardware: 89A
Overhead Doors: Ralph Wilkins
Traffic Coating: Western Sealants
Painting: Gutierrez Painting, LLC
Carwash Equipment: N/S Corporation
Fuel Equipment: Acton Contracting, LLC
7 (Signaturey Stanley's. Showalter
Member
(Title)
03.18.22
(Date)
Downtown Fueling Station & Car Wash Serial # 220049-DBB
Request for Bids - Design Bid Build Pg. #19
Attachment B - SUBCONTRACTOR LISTING
SUBMIT THIS ATTACHMENT B WITH EITHER:
1) your bid package; or
2) within 24 hours after this solicitation’s due date.
The following is a listing of material suppliers and/or subcontractors which will be used by
contractor in the event the undersigned enters into a contract with the County. No changes of the
subcontractors and material suppliers named herein shall be made without the prior written
approval of the County. If submitting within 24 hours of the bid due date/time, email the
completed Attachment B to the corresponding procurement officer and note that in the
fields below.
Earthwork: _E.D, Smith Paving
Site Utilities: North Star Pipelines, Inc
Concrete: TSG Constructors, LLC
Masonry: Masonry Builders, Inc.
Structural Steel: Iron Force Constructors, Inc.
TPO Roofing: Capstone Roofing, LLC
(SightatureyStanley’S. Showalter
Member
(Title)
03.18.22
(Date)
Downtown Fueling Station & Car Wash
Serial # 220049-DBB
Request for Bids - Design Bid Build
Pg. #19
Attachment C - LEGAL WORKER CERTIFICATION
03.17.22
(Date)
Maricopa County
Office of Procurement Services ~ Article 5
160 S, 4" Avenue
Phoenix, Arizona 85003
As required by Arizona Revised Statutes § 41-4401, Maricopa County (the “County”) is prohibited,
after September 30, 2008, from awarding a contract to any contractor who fails, or whose
subcontractors fail, to comply with Arizona Revised Statutes § 23-214-A. The undersigned entity
warrants that it complies fully with all Federal immigration laws and regulations that relate to its
employees, that it shall verify, through E-Verify as jointly administered by the U.S. Department of
Homeland Security and the Social Security Administration, or any of its successor programs, the
employment eligibility of each employee hired after December 31, 2007, and that it shall require its
subcontractors and sub-subcontractors to provide the same warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any
subcontractor or sub-subcontractor under any contract resulting from this solicitation shall be deemed
a material breach of the contract, and is grounds for penalties, including termination of the contract,
by the County. The County retains the right to inspect the records of the below entity, subcontractor,
and sub-subcontractor employee who performs work under the contract, and to conduct random
verification of the employment records of the below entity and any subcontractor and sub-
subcontractor who works on the contract, to ensure that the below entity and each subcontractor and
sub-subcontractor is complying with the warranties set forth above.
TSG Constructors, LLC 2340 W. Parkside Lane, Suite h-105
Firm Address Line 1
Stanley S. Showalter Phoenix, AZ 85027
Print Name . Address Line 2
Member 623-742-0161
Print Title Phone
s.showalter@tsgconstructors.com N/A
Email Address Fax
03.17.22 90-0275459
Date Federal Taxpayer ID Number
Downtown Fueling Station & Car Wash Serial # 220049-DBB
Request for Bids - Design Bid Build Pg. #20
Attachment D - SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TSG Constructors, LLC , as Principal, (hereinafter called the Principal), and the
Travelers Casuaity and Surety Company of America corporation duly organized under the laws of the State
of ___ Connecticut , as Surety, (hereinafter called the Surety), are held and
firmly bound unto Maricopa County (hereinafter called the Obligee), in the sum of ten percent (10%) of
the total amount of the bid of Principal, submitted by him to the Obligee, for the work described below,
for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents, and in conformance with the Arizona Revised Statutes.
WHEREAS, the.said.Principal is herewith submitting its Bid for Serial #220049-DBB, Downtown
Fueling Station & Car Wash. :
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of the bid and give the bonds and Certificates of
Insurance as specified in the Standard Specifications with good and sufficient Surety for the faithful
performance of the contract and for the prompt payment of labor and material furnished in the prosecution
of the contract, or in the event of the failure of the Principal to enter into the contract and give such bonds
and Certificates of Insurance, if the Principal pays.to.the Obligee the difference not to exceed the penalty
of the bond between the amount specified in the bid and such larger amount for which the Obligee may in
good faith contract with another party to perform the work covered by the bid then this obligation is void.
Otherwise it remains in full force and effect, provided however, that this bond is executed pursuant to the
provisions of Section.34-201, Arizona Revised Statutes, and all liabilities on this bond shall be determined
in accordance with the provisions of the section to the extent as if it were copied at length herein.
Signed and sealed this 8th__ day of March , 2022
Constructors Bonding, inc. TSG Constructors, LLC
Agent of Record, State of Arizona Principal Seal
7220 N. 16th Street, Bldg K, Phoenix, AZ 85020 By: EE
Agent Address =~ Surety Seal
es |r eae of America
- Bond Number Bid Bond By:
Jennifer Castillo, Attorney-in-fact _ oe
Power of Attorney >
Downtown Fueling Station & Car Wash Serial # 220049-DBB
Request for Bids - Design Bid Build . Pg. #21
Travelers Casualty and Surety Company of America
Travelers Casualty and. Surety Company
Ma.
TRAVE LE R. Ss J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY ‘
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the faws of the State of Connecticut (herein
collectively called the "Companies", and that the Companies do hereby make, constitute and appoint Jennifer Castillo of
PHOENIX s Arizona , their true and lawful Attorney(s)-In-Fact to sign, execute, seal and
acknowledge any and afl bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in thelr business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN ITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 216t day of April,
2024.
State of Connecticut
By: i?
City of Hartford ss. , Robert L. Raney“Senior Vice President
On this the 21st day of April, 202%, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of sald Companies by himself as a duly authorized officer.
VA
iN WITNESS WHEREOF, | hereunto set my hand and officlal seal.
My Commission expires the 30th day of June, 2026
~~ Anna P. Nowik, Notary Public
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice Prestdent, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company’s name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
temove any such appointee and revoke the power given him or her; and itis
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senlor Vice President or
any Vice President may delegate alf or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, ary Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, . the
Corporate Secretary or ‘any Assistant Secretary and duly attested and sealed with the Company's’ seal by ‘a~Secretary or Assistant Secretary:
or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and itis
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Altorney of to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature (hereof, and any such Power of
Attomey or certificate bearing such facsimile signature or facsimile seal shail be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature. and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it Is attached.
|, Kevin E, Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
irue and correct copy. of the Power of Aftorney executed by sald Companies, which remains in full force and effect.
boon € (lente
“Kevin E. Hughes, AssiStant Secretary
ees “To verity the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named A ttorney(s)-in-Fact and the details of the bond to which this Power of Attorney i fs attached.
Attachment E - NON-COLLUSION AFFIDAVIT.
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
Stanley S. Showalter being first duly sworn, deposes and says:
That he is | Member of TSG Constructors, LLC
(Title) (Name of Business)
bidding on Serial #220049-DBB for the construction of Downtown Fueling Station & Car
Wash in the County of Maricopa, State of Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated with the
aforesaid business, has, directly or indirectly, participated in any collusion, entered into any
contract, combination, conspiracy, or other act in restraint of trade or commerce in violation of
the provisions of A.R.S. § 34-251, Article 4, as amended.
ature Of Affi ant)
Subscribed and sworn to before me this 17th day of March a9. 22
! POS = KERRY § DAVIDOFF-SHOWALTER
S\ Notary Public - Maricopa Gounty
Notary Public
Commission No. 617013
My Commission Expires
October 18, 2025
i
My Commission Expires: 10.18.25
|
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t
Downtown Fueling Station & Car Wash Serial # 220049-DBB
Request for Bids - Design Bid Build Pg. #22
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