230086-CONTRACT SIGNED BY VENDOR-COI.PDF

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JARIZONA

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CONSTRUCTION CONTRACT - STIPULATED SUM
(DESIGN-BID BUILD PROJECT)

Public Health Building Goodyear South

Office of Procurement Services

Serial # 230086-DBB
Contract # 230086-DBB
C-
Project # 2609-22-0453

Facilities Management Department
MARICOPA COUNTY, ARIZONA

Public Health Building Goodyear South Serial # 230086-DBB
Request for Bids - Design Bid Build Pg. #1

THIS AGREEMENT, is made and entered into this 13th day of September, 2023, by and between
MARICOPA 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

Six Million, Nine Hundred Thirty-Three Thousand, Three Hundred Fifty-Five Dollars and no cents
($6,933,355.00)

Unit prices, if any, are as follows:
N/A

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 # 230086-DBB, Public Health Building Goodyear South, 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 Il - 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 365 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.

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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, One
Hundred Eighty-Eight Dollars ($1,188.00) 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 One Hundred Eighty-
Eight Dollars ($1,188.00) 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 VII - 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 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 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 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
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
http://www.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 MC1-1203 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:

GQ) 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
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 I], PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
contained in Title 2 C.F.R. § 200 et seq.

ARTICLE XX -- FORCED LABOR

By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor
agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394. Contracting;
procurement; prohibition; written certification; remedy; termination; exception; definitions.

Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use:
The forced labor of ethnic Uyghurs in the People’s Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the
forced labor of ethnic Uyghurs in the People’s Republic of China.

If contractor becomes aware during the term of the agreement that contractor is not in compliance with this
paragraph, the contractor shall notify the County within five business days after becoming aware of the
noncompliance. If the contractor fails to provide a written certification to the County that the contractor has
remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the
agreement terminates, except that if the agreement termination date occurs before the end the 180 day period,
the agreement terminates on the agreement termination date.

ARTICLE XXI -- WRITTEN CERTIFICATION PURSUANT TO A.RSS. § 35-393.01

If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of
$100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this

- agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to
a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.

ARPA CLAUSES

ARTICLE XXII - UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD
MANAGEMENT REGISTRATION
All contractors that receive federal funding must have a UEI number through
https://sam.gov/content/entity-registration. Contractor must also remain current with the
System for Award Management www.sam.gov throughout the term of the contract.

ARTICLE XXIUI - UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into a contract, the contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, Part 200-—-UNIFORM ADMINISTRATIVE

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REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR
FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.

ARTICLE XXIV - RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.

ARTICLE XXV - POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the
contractor under the agreement shall be used in the performance of this agreement for any
partisan political activity, or to further the election or defeat of any candidate for public
office.

ARTICLE XXVI_ - EQUAL EMPLOYMENT OPPORTUNITY
el The contractor shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin. The
contractor shall take affirmative action to ensure applicants are employed and that
employees are treated during employment without regard to their race, age, disability,
color, religion, sex, or national origin. Such action shall include but is not limited to the
following: employment, upgrading, demotion or transfer, recruitment, or recruitment
advertising, lay-off or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
2 Contractor shall comply with the following provisions:

2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);

2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
2.3 The Age Discrimination in Employment Act of 1967, as amended (29
USS.C. §§ 621, et seq.);

24 The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and Arizona Executive Order 2009-09, as amended, et seq. which
mandates that all persons shall have equal access to employment opportunities.
2.5 Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.

ARTICLE XXVII_ - CERTIFICATION REGARDING LOBBYING

wl Contractor certifies, to the best of their knowledge and belief, that:
Al No federal appropriated funds have been paid or will be paid, by or on
behalf of the contractor, to any person for influencing or attempting to influence
an officer or employee of any agency. This applies to a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal
grant. Including the making of any federal, loan the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.

2 If any funds other than federal appropriated funds, have been paid or will be paid

to any person for influencing or attempting to influence an officer or employee of any

agency, member of Congress, an officer or employee of Congress, or an employee of a

member of Congress in connection with this federal contract, grant, loan, or cooperative

agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure

Form to Report Lobbying,” in accordance with its instructions.

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3 Contractor shall include Lobbying Certification language in the award
documents for all subcontractors (including sub-grants, and contract under grants, loans,
and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
3.1 The Lobbying Certification is a material representation of fact upon
which reliance was placed when this transaction is made or entered into.
Submission of this certification is prerequisite for making or entering into this
transaction imposed by section 1352, Title 31, U.S. Code. Any successful
proposer(s) who fail to file the required certification shall be subject to a civil
penalty of not less than $10,000.00 and not more than $100,000.00 for each such
failure.

ARTICLE XXVIII - CLEAN AIR ACT & CLEAN WATER ACT

Contractor must comply with all applicable standards, orders, or requirements issued
under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean
Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR part 15).

ARTICLE XXVIV - ENERGY POLICY AND CONSERVATION ACT

Contractor must adhere to the standards and policies relating to energy efficiency, which
are contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).

ARTICLE XXVIII - REPORTING STANDARDS

11

Contracts must comply with the Reporting standards as presented by the US. Treasury
Final Rule and work with Maricopa County to provide compliance information regarding
labor certification documentation and keep records of employees funded through
American Rescue Plan Act Funds private, separate, and discrete.

A Quarterly Reporting Calendar will be provided to the recipient

Programmatic Compliance and Reporting monitoring process is required with the
American Rescue Plan Act funding.

Reporting dates and programmatic Quarterly Report deadlines follow the calendar year
quarterly cycle. The Quarterly report will be due according to the date provides in the
ARPA Reporting Calendar.

Coronavirus State and Local Fiscal Recovery Funds- Final Rule (31 CFR Part 35)
https://www.ecfr.gov/current/title-3 1/subtitle-A/part-35

Coronavirus State and Local Fiscal Recovery Funds Guidance on Recipient Compliance
and Reporting Responsibilities (General Guidance)

REQUIREMENTS FOR SUBRECIPIENTS OF FEDERAL FUNDING OF NON-
RESEARCH GRANTS AND COOPERATIVE AGREEMENTS:

1.1.1 Notice is hereby given that this contract is a result of funding received by The
Department of Health and Human Services (HHS) and as such, Contractor
agrees to comply with all applicable terms and conditions contained in this section
as well as in the Prime Contractor’s Notice of Funding Opportunity (NOFO) or
Notice of Award (NOA), grants policy contained in applicable HHS Grants Policy
Statements, 45 CFR Part 75, requirements imposed by program statutes and
regulations, Executive Orders, and HHS grant administration regulations, as
applicable; as well as any requirements or limitations in any applicable
appropriations acts. If any requirement in the HHS Grants Policy Statement, 45
CFR Part 75, or applicable statutes/appropriations acts conflict, then statutes and

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2.2.2

regulations take precedence. In addition, Contractor shall comply with all
applicable terms and conditions contained in the “CDC’s General Terms and
Conditions for Non-Research Grant and Cooperative Agreements (rev 08/21)”
as supplied in Exhibit E and can also be found at
https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-

Research-Awards.pdf

1.0 The County shall provide reasonable technical assistance to the Contractor to
assist in complying with state and federal laws and regulations, and
accountability for diligent performance and compliance with the terms and
conditions of this Contract and all applicable laws, regulations, and
standards. However, this assistance in no way relieves the Contractor of full
responsibility and accountability for its actions and performance in
compliance with the terms of this Contract.

Contracts must comply with the Reporting standards as presented by the US.
Treasury Final Rule and work with Maricopa County to provide compliance
information regarding labor certification documentation and keep records of
employees funded through American Rescue Plan Act Funds separate and
discrete.

1.0 A Quarterly Reporting Calendar will be provided to the recipient upon
execution of contract

2.0 Programmatic Compliance and Reporting monitoring process is required
with the American Rescue Plan Act.

3.0 Reporting dates and programmatic Quarterly Report deadlines follow the
calendar year quarterly cycle. The Quarterly report will be due according to
the date provides in the ARPA Reporting Calendar.

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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.

Public Health Building Goodyear South

230086-DBB
DocuSigned by: yi
i” 8/25/2023 | 3:47 PM PDT
ignature) Date
Kenneth Kelly 80-0187905
Printed Name Federal Tax Identification Number
Member 271567
Title Arizona Contractor’s License Number
15 __.) day net, x 90924
Vendor Terms NIGP Commodity Code (Advantage)

COUNTY OF MARICOPA, ARIZONA

RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chairman, Board of Supervisors 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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1d

1.2

1.3

1.4

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. 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.

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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1.6

1.7

shall each submit two names to a Judge designated by Maricopa County who shall 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.

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.

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

Public Health Building Goodyear South Serial # 230086-DBB
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1.7.4

1.7.5

1.7.6

1.7.7

1.7.8

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.

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

Public Health Building Goodyear South Serial # 230086-DBB
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1.7.9

1.7.10

1.7.11

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 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
Public Health Building Goodyear South Serial # 230086-DBB

Request for Bids - Design Bid Build Pg. #14

Attachment A - BID FORM

TO THE BOARD OF SUPERVISORS
MARICOPA COUNTY
PHOENIX, ARIZONA

All:

The following bid Is made for constructing Serial #230086-DBB, Public Health Building Goodyear South, in
the County of Maricopa, State of Arizona.

The following bid is made on behalf of _ Straight Arrow Contracting, LLC '

and no others, in the amount of $_6,933,355.00

The maximum allowable overhead rate & profit rate applicable to any future project change orders or revisions

shall be:
Overhead Rate: 10 percent
Profit Rate: 5 percent

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 (BOS) 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 BOS 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
wilt 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.

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
365 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, sald bonds and suretles 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
40 percent of the total bid. The bld bond Is submitted as a guaranty of the good falth of the bidder and the
bidder will enter into written contract, as provided, to do the work, if successful in securing the award thereof;

Public Health Building Goodyear South Serial # 230086-DBB
Request for Bids - Design Bid Build Pg, #19

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 fallure 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 tha 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;
{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: Straight Arrow Contracting, LL j t _623-478-1556
el (Title) (Telephone Number)
: [ - Project Manager 8/17/2023, _N/A

(Fax Number)

. 85338 _ barry@straightarrow.biz
(Firm Address) (Email Address)

**Name and Address of each member, or each manager of L.L.C. per Operating Agreement
Kenneth Kelly

6201 S 99th Ave
Tolleson, AZ. 85353

“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.

Public Health Building Goodyear South Serial # 230086-DBB
Request for Bids - Design Bid Build Pg. #20

IF BY A CORPORATION:

(Corporate Name)* (Corporation Address)
(Printed Name) (Title) (Telaphone Number) (Fax Number)
(Signature) (Date) (Email Address)

“Incorporated under the Laws of the State of

and Names and Addresses of Officers:

(President) (Address)
(Secratary) (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.

Public Health Building Goodyear South
Request for Bids - Design Bid Build

Serial # 230086-DBB
Pg. #21

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 with 24 hours of the bid due date/time, emall the completed Attachment B to the
corresponding pro: rand note that in the fields below.

Survey «MS Gavalopment
Demolition - Marks Grading & Demaiition
Grading & Pavament - Calvary Paving

Concrete - Straight Arrow Contracting
Carport - Gort Matals
Milwork  BASG, LLC

Ingulation - BPS inauiavon

Roofing - Progressive Roaling

Doors & Harawares MGM Doors
Specialty Wirlng - PIVIUM,

Glass & Glazing - Demers Glass,
Framing & Drywall - Slorra Drywall
Painting - Wiese Palnting

» VAWLT.

Ls

Flooring - Red Commercial Focring

ACT Colling- RaR Callings

Partitions & Accessorlas « Partitions & Accassodes
HVAC - Tu Tak

Playground Equip ~ AZ Rac
Window Treatments - Mountain States

Fire Sprinkler ~ AP. Sprinkler
Biectrical - Audon, en

(Title)

8/17/2023
(Date)

Public Health Building Goodyear South Serial # 230086-DBB
Request for Bids - Design Bid Build Pg. #22

Attachment C - LEGAL WORKER CERTIFICATION

8/17/2023
(Date)

Maricopa County

Office of Procurement Services — Article 5
301 W. Jefferson Street, Sulte 700
Phoenix, Arizona 85003

As required by Arizona Revised Statutes (A.R.S.) § 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 A.R.S. § 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.

raight Arrow i 4300 S$ Litchfield Ri 10-
Firm Address Line 1
Brian Lewis Goodyear, AZ, 85338

Print Name Address Line 2

j ger 623-478-1556
Print Title Phone
i i N/A
Emgi ress Fax

} 8/17/2023 80-0187905
Sign’tul quired Date Federal Taxpayer ID Number
Public Heaith Building Goodyear South Serial # 230086-DBB

Request for Bids - Design Bid Build Pg, #23

Attachment D - SURETY BOND

KNOW ALL MEN BY THESE PRESENTS:
Merchants Bonding 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 lA , as Surety, (hereinafter called the Surety), are held
and firmly bound unto Maricopa County (hereinafter called the Obligea), in the sum of 10 percent of the total amount
of the bid of Principal, submitted by him to the Obfigea, for the work described below, for the payment of which sum,
well and truly to ba made, the said Principal and the said Surety, bind themselves, their heirs, exacutors, administrators,
successors and assigns, jointly and severally, firmly by these presents, and in conformance with the Arizona Revised
Statutes (A.R.S.).

WHEREAS, the sald Principal is herewith submitting its Bid for Serial #230086-DB8, Public Health Building
Goodyear South.

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 Cartificates 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 Obligae may in geod faith contract with anather 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, A.R.S., and all liabilities on this bond shalt 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 44th. day of _ August , 20.23

M & O Agencies inc, Straight Arrow Contracting, LLC

Agent of Record, State of Arizona Principal Seal
20333 N. 19th Ave, #200, Phoenix, AZ 85027 By: aq VA
Agent Address . Surety Seal
Bond Number _ Bid By:

awn es, ay-in-Fact
Dawn Fykes
Power of Attorney Seal

Public Health Building Goodyear South
Request for Bids - Design Bid Build

Serial # 230086-DBB
Pg. #24