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CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)
Renovation of Central Courts, 13th Floor
Office of Procurement Services
Serial # 200067-DBB
Contract # 200067-DBB
C-
Project # 3305-19-0002
Facilities Management
MARICOPA COUNTY, ARIZONA
CONTRACT AGREEMENT
THIS AGREEMENT, is made and entered into this 12th day of February, 2020, by and between
IVIARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
Straight Arrow Contracting, LLC hereinafter referred to as CONTRACTOR.
The CONTRACTOR, for and in the consideration of the sum of
Three Million Nine Hundred Eighty-Six Thousand and 00/100 ($3,986,000)
Unit prices, if any, are as follows:
•
Alternate 1: Construction of the solid surface built-in bench on the west
side of the public corridor: the built-in bench for public seating is
continuous as shown in plan sheets A-2.4, 2.5, 2.6 and A-6.4: $42,300
•
Alternate 2: Tile wainscot on the east wall of the public corridor: the
tile wainscot is detailed and described on sheet A-6.3: $22,600
•
Alternate 3: Pin stick polyisocyanurate rigid insulation to achieve an
R49 at all exterior walls: $4,600
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 Director, a project for the Maricopa County
Facilities Management, designated as Serial # 200067-DBB, Renovation of Central Courts, 13th Floor,
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, and listed herein, together with modifications
of the same and other directions that may be made by the Maricopa County Facilities Management 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 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 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
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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
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 eight
hundred fifty-six Dollars ($1,856.00) for each calendar day after the time specified in Article IV 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 IV
above, plus approved time extensions thereof, for completion and readiness for Final Completion,
Contractor shall pay to OWNER the maximum sum of One thousand eight hundred fifty-six Dollars
($1,856.00) for each calendar day after the time specified in Article IV 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 Vifi - 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.
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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 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
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 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 XII - 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 A.R.S. §41-4401 (regarding immigration) and
further acknowledges:
(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. §23-214, 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 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;
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(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 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.
(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 XTV — 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 web s ite
http://www.azgovernor.gov/dms/upload/E0_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:
(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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ARTICLE XVIII— 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
1.1 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. If, 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.
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.
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.
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 shall each submit two names to
a Judge designated by Maricopa County who shall select the single arbitrator.
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.
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The arbitration is to be convened and administered under the Revised Uniform Arbitration Act ("RUAA")
(A.R.S. § 12-3001 et seq.) and the American Arbitration Association Construction Rules shall serve as a
guideline for proceedings, thus as a supplement to the RUAA.
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.
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 law. 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.
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.
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.
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 supported by written findings of fact, conclusions of law and a statement as
to how damages were calculated.
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.
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.
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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.
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.
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 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.
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 to a 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.
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.
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
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any party regarding which claim or claims recoveiy has been sought or should have been sought in a
previously adjudicated claim for an alleged cost, loss, breach, error, or omission.
Inclusion in Other Contracts. The Contractor shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
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 II, 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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Renovation of Central Courts, 13th Floor
200067-DBB
PrinCipar(Sign
Michael Yates
80-0187905
Printed Name
Federal Tax Identification Number
RE C OMMEIRTDrtin BY:
A
Departriefit Head
Date
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.
Vice President
271567, KB-1
Title
Arizona Contractor's License Number
909-24
Vendor Terms
NIGP Commodity Code (Advantage)
COUNTY OF MARICOPA, ARIZONA
ACCEPTED AND APPROVED:
Chairman, Board of Supervisors
Date
ATTEST:
Kevin Tyne, Chief Procurement Officer Date
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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Straight Arrow Contracting,
PRINCIPAL
/SEAL
BY:
BOND NUMBER: AZC370503
BY:
Bond# AZC370503
Attachment I - STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34 CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100 percent of the contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, Straight Arrow Contracting, LLC
(hereinafter called the Principal), as Principal, and
Merchants Bonding Company (Mutual)
a corporation organized and existing under the laws of the State of
Iowa
, with its principal office in the City of Des Moines
(hereinafter called the Surety), as Surety, are held and firmly bound unto Maricopa County (hereinafter called
the Obligee), in the amount of **
DOLLARS ($ 3,986,000.00 ), for
the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
**Three Million Nine Hundred Eighty Six Thousand and No/100
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
12th
day of Fet220 , for Renovations of Central Courts (13th Floor), 200067-DBB, which contract is hereby
referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's
subcontractors in the prosecution of the work provided for in the contract, this obligation is void. Otherwise it
remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article
2, of the Arizona Revised Statutes, and all liabilities on this bond shall be detennined in accordance with the
provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same
extent as if it was copied at length in this Agreement.
The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney's fees
that may be fixed by the court or a judge thereof.
Witness our hands this 14th
day of January
, 20 20
The Mahoney Group
AGENT OF RECORD, STATE OF AZ
20333 N. 19th Ave. #200, Phoenix, AZ 85027
Merchants Bonding Company (Mutual)
AGENT ADDRESS
SURETY
SEAL
Dawn Fyka, Attorney-in-Fact
Renovations of Central Courts (13th Floor)
Serial # 200067-DBB
Request for Bids - Design Bid Build
Pg. #25
BY:
BOND NUMBER: AZC370503
BY:
Bond# AZC370503
Attachment J - STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34 CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty
of this bond must be 100 percent of the contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, Straight Arrow Contracting, LLC (hereinafter called the Principal), as Principal, and
Merchants Bonding Company (Mutual)
a corporation organized and existing under the laws of the State of
Iowa
, with its principal office in the City of Des Moines(hereinafter
called the Surety), as Surety, are held and firmly bound unto Maricopa County, (hereinafter called the Obligee)
in the amount of **
DOLLARS ($ 3,986,000.00
),
for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
**Three Million Nine Hundred Eighty Six Thousand and No/100
WHEREAS, the Principal has entered into a certain written contract with Obligee, dated the 12th
day of
February
, 20 20 , for Renovations of Central Courts (13th Floor), 200067-DBB, which contract
is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract
during the original term of said contract and any extension thereof, with or without notice to the Surety, and
during the life of any guaranty required under the contract, and shall also perform and fulfill all the
undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of
said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived;
then the above obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article
2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the
provisions of said Title, Chapter, and Article, to the extent as if it was copied at length herein. The prevailing
party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of
the court.
Witness our hands this 14th
day of January , 20 20 .
Straight Arrow Contracting, LLC
The Mahoney Group
AGENT OF RECORD, STATE OF AZ
20333 N. 19th Ave. #200, Phoenix, AZ 85027
PRINCIPAL
„SEAL
Merchants Bonding Company (Mutual)
AGENT ADDRESS
SURETY
SEAL
Dawn Fykes/Attorney-in-Fact
Renovations of Central Courts (13th Floor)
Serial # 200067-DBB
Request for Bids - Design Bid Build
Pg. #26
MERCHAN
BON DING COMPANYT„
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
David J Hickman; Dawn Fykes; Drew A Newton; Stephanie M Young
their true and lawful Attorney(s)..in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their 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,
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of MerchantsNational Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th
day of
April
, 2017
.
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AUCIA K. GRAM
Commission Number 767430
My Commission Expires
April 1, 2020
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness VVhereof, I have hereunto set my hand and affixed the seal of the Companies on this 14th d ay of January
, 2020.
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Secretary
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANV NATIONAL BONDING, INC.
STATE OF IOWA
COUNTY OF DALLAS ss.
On this this 6th day of
April 2017
, before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
POA 0018 (3117)
STRAI-1
OP ID: AV
_
ACC)R0' CERTIFICATE OF LIABILITY INSURANCE
411.......—•---
DATE (MM/DD/YYYY)
01/15/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
The INNsurance Group LLC
6630 E. Baseline Rd, Suite 104
Mesa, AZ 85206
The InnSurance Group LLC
CONTACT
NAME:
The INNsurance Group, LLC
PHONE
FAX
(Nc. No. Ext): 602-237-6195
(A/C, No): 602-237-6427
E-MAIL
ADDRESS: andrew@theinnsurancegroup.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Auto Owners Insurance Co.
18988
INSURED
Straight Arrow Contracting LLC
10120 W. Southern Avenue
Tolleson, AZ 85353
INSURER B•
INSURER C:
INSURER 0:
INSURER E :
INSURER F:
IFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MMIDD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
X
X 45199279
03/14/2019 03/14/2020
EACH OCCURRENCE
$ 1,000,000
IMMEEI`g=ence,
$ 300,000
MED EXP (Any one person)
$
5,000
CLAIMS-MADE
X
OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGO
$ 2,000,000
GEN'L AGGREGATE
—I POLICY X
LIMIT APPLIES
IAD,:
PER:
LOC
$
A
X
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED
HIRED AUTOS
SCHEDULED
AUTOS
NON-OWNED
AUTOS
x
50-621114-00
03/14/2019 03/14/2020
COMBI(ED
dent) SINGLE LIMIT
(Ea acci
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
APER ACCIDENT)
$
$
X
UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS-MADE
52-235528-00
03/14/2019 03/14/2020
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$ 1,000,000
$ 1,000,000
DED
X
RETENT ON $
10,000
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
( yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
y
N IA X 45199068
03/14/2019 03/14/2020
X TIORLIMITS
T 1-
OTH-
ER
EL. EACH ACCIDENT
$ 1,000,000
EL. DISEASE - EA EMPLOYEE $
1,000,000
EL. DISEASE - POLICY LIMIT
$ 1 ,000,000
A
A
Inland Marine
Builders Risk
45199279
45210312
03/14/2019
03/01/2020
03/14/2020
03/01/2021
Rented Eq
100,000
Limit
3,986,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
RE: LOCATION: 201 W Jefferston St, 13th Floor, Phoenix, AZ 85003
Maricopa County Court House
13th Floor Renovation
1
Maricopa County
Board of Supervisors
201 W Jefferson St
Phoenix, AZ 85003
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CI 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105)
The ACORD name and logo are registered marks of ACORD
Attachment A - BID FORM
TO THE BOARD OF SUPERVISORS
MARICOPA COUNTY
PHOENIX, ARIZONA
Gentlemen:
The following bid is made for constructing Serial # 200067-DBB, Renovations of Central Courts (13th
Floor), in the County of Maricopa, State of Arizona.
The following bid is made on behalf of, S-11-c--44. A( foul
and no others, in the amount of $ 3/ 5S( 000- c.)
Alternate 1: Construction of the solid surface built-in bench on the west side of the public corridor: the built-
in bench for public seating is continuous as shown in plan sheets A-2.4, 2.5, 2.6 and A-6.4.
$ 111/300. 00
.
Alternate 2: Tile wainscot on the east wall of the public corridor: the tile wainscot is detailed and described on
sheet A-6.3.
$
Alternate 3: Pin stick polyisocyanurate rigid insulation to achieve an R-19 at all exterior walls
$ Li,,(00.00
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
Renovations of Central Courts (13th Floor)
Serial # 200067-DBB
Request for Bids - Design Bid Build
Pg. # 15
accordance with the provisions of the Construction Special Provisions, at the unit bid price in the bidding
schedule,
The undersigned shall perform all extra work that may be required on the basis provided in the Construction
Special Provisions 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 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 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.
IF BY AN INDIVIDUAL:
By: )41:c
S
(Printed Name)
(Telephone Number)
(Signature)
(Date)
(Fax Number)
(Address)
(Email address)
IF BY A FIRM, PARTNERSHIP OR L.L.C. (LIMITED LIABILITY CORPORATION):
Sh(a/0:1 AM/ 6011faC4
1-1,C../
023— 'Ilk — 55(a
(FirmoNar0P)
(Telephone Number)
011okoz4
(023- (PP 181
(Date)
(Fax Number)
1012o vtI SouOuni AA-17i lleson 4r
9S-, -3Th1L
qv-a riltlarry ed. biz
(Firm Address)
(Email address)
**Name and Address of each Member, or each Manager of L.L.C. per Operating Agreement
gamelh 141
10120 Al SDOitcfr)
741/
-7011eSai) 4
?sas3
Renovations of Central Courts (13th Floor)
Serial it 200067-DBB
Request for Bids - Design Bid Build
Pg. # 16
(4,
(Signature - Title)
**The name and post office address of each member of the firm or partnership must be shown, or of
each manager of an L.L.C., also address of the registered office of the L.L.C.
IF BY A CORPORATION:
(Corporate Name)*
(Corporation Address)
(Printed Name)
(Title)
(Telephone Number)
(Fax Number)
(Signature)
(Date)
(Email Address)
*Incorporated under the Laws of the State of
and Names and Addresses of Officers:
(President)
(Address)
(Secretary)
(Address)
(Treasurer)
(Address)
*The name of the State under which the Laws of the Corporation was Chartered, and the name,
title, and business address of the President, Secretary, and Treasurer must be shown.
Renovations of Central Courts (13th Floor)
Serial # 200067-DBB
Request for Bids - Design Bid Build
Pg. # 17
Attachment B - SUBCONTRACTOR LISTING
SUBMIT THIS ATTACHMENT B WITH EITHER;
I). 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 with 24 hours of the bid due date/time, please email the
completed Attachment B to the corresponding procurement officer and note that in the
fields below.
-To te con. 5.4re f )S).1,/aPN.
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Renovations of Central Courts (13th Floor)
Request for Bids - Design Bid Build
Serial # 200067-DBB
Pg. # 18
3/5g
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Are/
Attachment C - LEGAL WORKER CERTIFICATION
0//012-02.0
(Date)
Maricopa County
Office of Procurement Services - Article 5
160 S. 4th Avenue
Phoenix, Arizona 85003
As required by Arizona Revised Statutes § 41-4401, Maricopa County (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 immi gration laws and regulations that relate to its employees, that it
shall verify, through the employment verification, E-Verify, as jointly administered b y the U.S.
Department of Homeland Security and the Social Security Administration or any of its successor
programs, the employment eli gibility 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 entit y.
The undersigned acknowledges that a breach of this warranty by the below entit y or by any
subcontractor or sub-subcontractor under any contract resultin g from this solicitation shall be deemed
a material breach of the contract, and is grounds for penalties, including termination of the contract, b y
the County. The County retains the right to inspect the records of the below entit y, subcontractor and
sub-subcontractor employee who performs work under the contract, and to conduct random verification
of the employment records of the below entit y 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.
Sfnl qiik AMA 644 -v44n) ILo
Firms
frl 'Mad ydes
Print Name
10/2.0 W
Address Line
Line 1
-16 1 s
2353
Address Line 2
kit Ct Press Ad-
Print Title
Th I .e.t
Ora /akin ra W. bIZ
&23 - 111W - 55(e
Phone
I/2.3- 1-17 k- ffg5r7
Fax
Email Address
I
Signature Riquired
11-712c2 k -067905
Date
Federal Taxpayer ID Number
Renovations of Central Courts (13th Floor)
Serial # 200067-DBB
Request for Bids - Design Bid Build
Pg. # 19
20333 N. 19th Ave. #200, Phoenix, AZ 85027
Agent Address
Bond Number Bid Bond
By: /17/ e:=1.
By:
Attachment D - SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
Merchants SondIng Company (Mutual)
That we, Straight Arrow Contracting, LLC , as Principal, (hereinafter called the Principal), and the
a corporation duly organized under the laws of the State of as Surety, (hereinafter called the Surety), are
held and firmly bound unto Maricopa County (hereinafter called the Obligee), in the sum of 10 percent 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, and 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 # 200067-DBB, Renovations of
Central Courts (13th Floor).
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 9th
day of December
,20 19
The Mahoney Group
Straight Arrow Contracting, LLC
Agent of Record, State of Arizona
Principal
Seal
Dawn Fykes,
Power of Attorney
Seal
Renovations of Central Courts (13th Floor)
Request for Bids - Design Bid Build
Serial # 200067-DBB
Pg. #20
MERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
Know AP Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,.
both being corporations of the State of Iowa (herein collectively called the 'Companies") do hereby make, constitute and appoint, Individually,
David J Hickman; Dawn Fykes; Drew A Newton; Stephanie M Young
their true and lawful Attorney(s)-1n.Fact, to sign Its name as surety(lee) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written Instruments In the nature thereof, on behalf of the Companies
In their business of guaranteeing the fidelity
of parsons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceed ngs allowed by law.
This Power-of-Attorney is granted and Is signed and sealed by facsimile under end by authority of the following By -Lows adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of MerchantsNational Bonding, Inc., on October 16.2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Alturneye -in -Fact, and to authorize diem to execute on behalf of the Company, anti attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimle or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manuaily fixed,"
In connection with obligations in favor of the Florida Department of Transportation only, ills agreed that the power and nut hority hereby given to the
Attorney-in-Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. Ills fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of
Its obligations under Its bond,
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney.in .Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this
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AUC1A K. GRAM
Commission Number 767430
My Commission Expires
April 1, 2020
Notary Public
(Expiration of notary's commission
does not Invalidate this Instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. NC ., do hereby
certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by saki Companies, which Is still In full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereurtist,o. ,,, ,,,, my handand affixed the seal cattle Companies on this
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9th
day of December , 2019.
Secretary
POA 0018 (3/17)
6th
day of
April
, 2017
STATE OF IOWA
COUNTY OF DALLAS ss
On this this 6th day of
April 2017
, before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed In behalf
of the Companies by authority of their respective Boards of (Directors.
, 20 2
Attachment E NON-COLLUSION AFFIDAVIT
STATE OF ARIZONA
COUNTY OF MARICOPA
) ss.
Age/ //ale c
That he is VIC( P(y'S id/ d
(Title)
, being first duly sworn, deposes and says:
of Siraighi- Arriv erairtraclik,„1-1-4,
(Nameiof Business)
bidding on 200067-DBB for the construction of Renovations of Central Courts (13th Floor) 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.
41.
Subscribed and sworn to before me this '1 - day o
Notary P
ublic("L
My Commission Expires: CI 810//202-i
SHAWN MIELE
NOTARY PUBLIC, ARIZONA
MARICOPA COUNTY
My Commission Evires
August 1, 2021
Renovations of Central Courts (13th Floor)
Serial # 200067-DB13
Request for Bids Design Bid Build
Pg. #21
1211.1illg
Attachment F - VERIFICATION OF LICENSE
Pursuant to A.R.S. § 32-1169, I hereby state that I hold a current contractor's license, duly issued by
the office of the Registrar of Contractors for the State of Arizona, said license has not been revoked,
that the license nuinber, classification, and expiration date is:
e06 67 -716(01 I KA- I
ev ewes
at, /30 /2024
; that my privilege license number (as required by
A.R.S. § 42-1305) is: al )A66 q I Co
; and that, if any exemption to the above licensing
requirements is claimed;
(1) The basis for the claimed exemption is:
and;
(2) The names(s) and license number(s) of any general, mechanical, electrical, or plumbing
contractor(s) to be employed on the work are:
IT IS UNDERSTOOD THAT THE FILING OF AN APPLICATION CONTAINING FALSE OR
INCORRECT INFORMATION CONCERNING AN APPLICANT'S CONTRACTOR'S LICENSE
OR PRIVILEGE LICENSE WITH THE INTENT TO VOID SUCH LICENSING
REQUIREMENTS IS UNS WORN FALSIFICATION PUNISHABLE ACCORDING TO A.R.S. §
13-2704.
araNkt Amid at 'ch pt q LLC)
COMPANY
Renovations of Central Courts (13th Floor)
Request for Bids - Design Bid Build
Serial # 200067-DBB
Pg. #22
Mar icopa County
Office of Procurement Services — Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
ADDENDUM NO. 1
TO Renovations of Central Courts (13th Floor)
ADVANTAGE DOCUMENT ID# 200067-DBB
PROJECT OWNERS PROJECT/CONTRACT # 200067-DBB
Addendum Date: December 16, 2019
County Project Owner: Facilities Management
Renovations of Central Courts (13th Floor), 200067-DBB is herein modified. The
provisions of said documents applicable to these modifications remain unchanged
unless specifically indicated otherwise.
This Addendum No. 1 forms a part of the solicitation/contract documents and modifies
the clauses/provisions as follows:
1. The bid due date has been extended to January 7, 2020.
2. The Question and Answer period has been extended to December 20, 2019.
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Project Owner Approval:
By: 4efi/1/
Signature:
Title:
Date:
Addendum No 1 To Renovations of Central Courts (13th Floor) - 200067-DBB
Page 1 of 2
Included with your offer, your firm/company is required to acknowledge this addendum,
and every addendum, relating to this solicitation by completing the following information:
Addendum No, I Acknowledgement:
Shra101-- ikrad ecIldrad-mi
Firm Name
Signature
Vitt And
Title
in 'MadeldeS
Signatory Print d Name
0 /
/2-02.o
Date
S
4.1.0
Addendum No 1 To Renovations of Central Courts (13th Floor) - 200067-DBB
Page 2 of 2
Mar icopa County
Office of Procurement Services — Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
ADDENDUM NO. 2
TO RENOVATIONS OF CENTRAL COURTS (13TH FLOOR)
ADVANTAGE DOCUMENT ID# 200067-DBB
PROJECT OWNERS PROJECT/CONTRACT # 200067-DBB
Addendum Date: December 24, 2019
County Project Owner: Facilities Management
RENOVATIONS OF CENTRAL COURTS (13TH FLOOR), 200067-DBB is herein
modified. The provisions of said documents applicable to these modifications remain
unchanged unless specifically indicated otherwise.
This Addendum No. 2 forms a part of the solicitation/contract documents and modifies
the clauses/provisions as follows:
1. To All Interested Bidders: Please see Addendum #2 file in "Documents" section
of BidSync under this solicitation.
ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Project Owner Approval:
Signature:
Title:
Date: /2
/--7' -?0/7
Addendum No 2 To RENOVATIONS OF CENTRAL COURTS (13TH FLOOR) - 200067-DB8
Page 1 of 2
Included with your offer, your firm/company is required to acknowledge this addendum,
and every addendum, relating to this solicitation by completing the following information:
Addendum No. 2 Acknowledgement:
Sirefrot Arrow 61tdrat4n.y LLi
Firm Name
S
Signature
rf kat/kJ--
Title
Mt ha..eJ 61 id-Ps
Signatory Printed Name
r/o 9/2,024
Date
Addendum No 2 To RENOVATIONS OF CENTRAL COURTS (13TH FLOOR) - 200067-DBB
Page 2 of 2
Arrington Watldna Architects
PROJECT:
Central Court Tower
Renovation to Floor 13
201 West Jefferson Street
Phoenix Az, 85003
TO:
Bid Set Revisions
Delta 1 Bid Set
Revisions
DATE: 11/25/2019
Maricopa County FMD
Attn: Angel Miranda
Project No.:
Contract No.:
Contract Date:
MA5190001
190000008722-3
6/17/2019
The following changes have been made to the permitted documents for the project "Renovation to the 13th floor of the
Central Court Building." All revisions are clouded and tagged Delta 1. Not all sheets have revisions, however, all
sheets all labeled "Delta 1 Bid Set." The bid set should be used for current pricing.
0-0.0: Coversheet
A-2.1 Demolition Plan
Additive Alternates for the project have been identified and described.
1. Base bid: base bid includes finishing of the impact resistant gyp.
bd. exterior wall with a level 3 light orange peel finish.
Add alternate: The construction of the solid surface built-in bench
on the west side of the public corridor: the built-in bench for public
seating is continuous as shown in plan sheets A-2.4, 2.5, 2.6 and
A-6.4.
2. Base bid: The base bid is for impact resistant gyp. bd . with a level
3 light orange peel finish.
Add alternate: Tile wainscot on the east wall of the public corridor:
the tile wainscot is detailed and described on sheet A-6.3.
3. Base bid: pin stick polyisocyanurate rigid insulation to achieve an
R-13 at all exterior walls.
Add alternate: Pin stick polyisocyanurate rigid insulation to achieve
an R-19 at all exterior walls.
2. Steel joist and Steel Girders have been removed as a deferred submittal
note. There are no structural modifications anticipated in this project.
1. Remove lead sheathing in one area. Sheathing is approximately 6'-0" x
127-0" and located above the plumbing fixtures.
2. Keynote #5 "Demo all existing terrazzo" has been removed. Terrazzo has
been demolished in the partial demolition phase outside of the scope of this
project. Design intent is that all remaining finishes should be removed.
3. Keynote #6 has been added to remove all exterior window frame
extensions on the east side of the floor plate.
4. A note to bidders has been added. The note conveys items that involve
coordination with other entities.
5. General note #27 has been added. After the partial demolition was
completed there are abandoned conduit and ductwork that should be
removed. Everything remaining above the ceiling should be labeled including
cabling.
6. The header at the in-custody elevator needs to be raised 10" to
accommodate the access flooring being installed as part of this project.
(Areas identified on A-2.2) The elevator is being upgraded in another county
project. Coordination between that project and this needs to be included in
this bid.