200073-CONTRACT - CALIENTE CONSTRUCTION.PDF

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JOB ORDER CONTRACTOR (JOC) CONTRACT

MARICOPA COUNTY, ARIZONA

Job Order Contractor for Parks and Recreation

Office of Procurement Services

Serial # 200073-JOC
Contract # 200073-JOC
C-70-

Project # 200073-JOC

Parks and Recreation Department, Maricopa County Arizona

Division 0 - Bidding & Contract Requirements

Section Description Number of Pages

00005 Table of Contents ...eccescesseeseteseeeceesseeceessessreeseeasenessesesseesneeetseeesennnnniane
00500 Construction Contract
00610 Payment Bond and Performance Bond.

00700 General Conditions Table of Contents ....
00700 General Conditions to the Construction Contract.

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Exhibit A — Definitions to the General Conditions ..

Exhibit B — Alternate Dispute Resolution
Exhibit C — Legal Worker Certification .occcsccssssenssesereeeieeeseeeneeeenes
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 4-2-2020
Exhibit H— Statement of Qualifications dated 4-2-2020
Exhibit I — Certificate of Insurance for Job Order Contract
Exhibit J~ General Requirements for the Job Order Contracts

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All of the exhibits above are incorporated by reference as though fully set forth herein whether or not
physically attached to this contract.

NOTE: All references to “JOC” in this document are understood to mean the Job Order Contractor
for Parks and Recreation Contractor JOC.

END OF SECTION

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.200073-JOC, and shall be effective as of: August 6, 2020

B. OWNER:
Maricop: County Parks and Recreation
41835 N. Castle Hot Springs Road
Morristown, Arizona 8534
Attn: Director
Phone: (602) 506-9500

Cc. JOB ORDER CONTRACTOR:

Lorraine Bergman
Caliente Construction, Inc.
455 W. Vaughn Street
Tempe, Arizona 85283

Office: (480) 894-5500; Fax: (480) 894-2323); E-Mail: (Ibergman@calienteconstruction.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
ollows:

E. AGREEMENT:
Article I. THE CONTRACT

11 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 1. THE WORK

21 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 II. 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
continue longer than five (2 ears from the date of the Contract. The term of this Contract
shall not be extended. Ail 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

3.3

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.

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

41

4.2

43

Atticle V.
5.1

Article VI.

6.1

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

ollars ($15,000,000.00) in total, and not to exceed Three Million Dollars ($3,000,000.00)
per Fiscal Year, which Fiscal Year shall be designated ny the Owner as beginning on July Ist
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 bie. 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 materia? 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.

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 eing erformed and approved by the Owner. The Job
¢ ler Contractor agrees the overhead shall

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e no more than 8% and the fee shall be capped at

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.
PROGRESS PAYMENTS

Progress payments will be made in accordance with Article 9 of the General Conditions to the
Job Order Contract.

FINAL PAYMENT

Final Payment will be made in accordance with Article 9 of the General Conditions to the Job
Order Contract.

Article VII. CONTRACT DOCUMENTS

WA

The Contract consists of the following documents incorporated herein by this reference:

FA1 The Job Order Contract — Section 00500.
7.1.2 The General Conditions to the Job Order Contract — Section 00700.

TAS

7AA4
TAS

716
TAT

7.19

Permits, Change Orders, Change Directives, amendments or modifications to the
Contract.

Any and all documents issued during the procurement process for this Contract.

Task Order documents including, but not limited to, Task Orders, associated plans and
specifications.

Any addenda to any issued Task Orders or other Contract documents.
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 4-2-2020
Exhibit H — Statement of Qualifications dated” 4-2-2020__
Exhibit 1 — Certificate of Insurance for Job Order Contract
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.

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.

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.

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.

Job Order Contractor for Parks and Recreation
200073-JOC

June 1,2020
Date

Lorraine Bergman 86-0697201

Printed Name Federal Tax Identification Number
President/CEO 091625 B-1 General Commercial Contractor
Title License Number

Net 30 90924

Vendor Terms NIGP Commodity Code (Advantage)

COUNTY OF MARICOPA, ARIZONA

mA ACCEPTED AND APPROVED:
LE 3 7/02?

Depaftment 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, eed eG

Deputy County Attorney

Date: (\ ik \\, zoto
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