200073-CONTRACT -SDB INC.PDF

Maricopa County — Formal (2020-07-22)

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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 1
00500 we 4
00610 Payment Bond and Performance Bond.....c.csssessssssssessessestecsessesssessesscsssssesnees 3
00700 General Conditions Table of Contents 6
00700 General Conditions to the Construction Contract.. 43
Exhibit A — Definitions to the General Conditions wu... 3
Exhibit B — Alternate Dispute Resolution... 5
Exhibit C — Legal Worker Certification . I
Exhibit D — Request for Proposal for Task Order . I
Exhibit E ~ Performance Bond and Payment Bond Forms ......cscsccssssscsecseccsseees 2
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 2

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
Sor 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:

Maricopa County Parks and Recreation
41835 N, Castle Hot Springs Road
Morristown, Arizona 85342

Attn: Director
Phone: (602) 506-9500

C. JOB ORDER CONTRACTOR:

Craig Schmidt

SDB, Inc.

1001 S. Edward Drive
Tempe, Arizona 85281

Office: (480) 967-5810, Fax: (480) 967-5841; E-Mail: craig.schmidt@sdb.com

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 II. THE WORK

24 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 UJ. CONTRACT TIME

3.1 The Job Order Contractor shal! 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 Tater 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 fonger than five (9),years from the date of the Contract. The term of this Contract
shall not be extended. All Work issued hereunder must be completed in full by the final
expiration date of this Contract. Extensions to this Contract for years 4 and 5 ma 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

Article IV.

41

4.2

4.3

Asticle V.
5.1

Article VI.

6.1

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.

CONTRACT SUM

The Owner shall pay the Job Order Contractor in current funds for the Job Order Contracter’s
performance of individual Task Orders in an aggregate amount not to exceed Fifteen Million
Dollars ($15,000,000,00) in total, and not to exceed Three Million Dollars ($3,000,000.00)
per Fiscal Year, which Fiscal Year shall be designated by 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 {i.c. Home Depot) any and/or all available
materials applied or installed by the Job Order Contractor or its subcontractors for a Task
Order. The materials purchased by the Job Order Contractor(s), or its subcontractor(s), shall
be purchased by the Job Order contractor(s), or its subcontractor’s, using their own funds
and/or credit. Any discounts offered to the JOC by the County’s material supplier shall be
passed through to the County without markup. The County is not a party to these transactions
and any issue/disputes shall be resolved without the involvement of the County.

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
specifical ly required for the Work being performed and approved by the Owner. The Job
§ yder Contractor agrees the overhead shall be no more than 8% and the fee shall be capped at

‘O

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

TA

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

FAL The Job Order Contract — Section 00500.

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

FAD

7.14
7LS

716
VAT

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 | ~ 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 approvedisigned 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 WHEREOF, the parties hereto have executed this Agreement on the day and date first
above written, in counterparts, cach 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
Gy, KAAS 5/29/2020
Principal (Signature) Date
Craig Schmidt 94-2705363
Printed Name Federal Tax Identification Number
Vice President B-1 #070507
Title License Number
Net 30 90924
Vendor Terms NIGP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED B ACCEPTED AND APPROVED:
DL lk _1/\fo?
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.

py, Cu B.\P_

Deputy County Attorney

Date: {\ 2, Ll, 20@td
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