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HomeMy WebLinkAboutC2021-008B - Hawkeye Electric, Inc.Contract No. 2021-008B JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HAWKEYE ELECTRIC, INC. THIS JOB ORDER MASTER AGREEMENT (this "Contract") is entered into as of November 17, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Hawkeye Electric, Inc., a(n) Arizona corporation (the "Contractor"). RECITALS A. The Town issued a Request for Qualifications, 2021-008, Electrical Services (the "RFQ"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking statements of qualifications from vendors for professional consulting services. B. The Contractor submitted a Statement of Qualifications (the "SOQ") in response to the RFQ, attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Contractor for Electrical Services (the "Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Contract. This Contract shall be effective as of the date first set forth above and shall remain in full force and effect for one year with up to four (one) year renewable options. 2. Job Order Master Contract Process. 2.1 Indefinite Delivery and Quantity. This Contract establishes an indefinite delivery, indefinite quantity, Job Order Contract for such Electrical Services within the scope of this Contract as Town may request from time to time by issuance of an individual Job Order for each Project. A separate Job Order will be issued for each Project describing the specific Work to be performed by the Contractor for that Project. 2.2 Town shall have the right to perform work of the types included in this Contract itself or to have other Contractors perform such work. 2.3 This Contract does not obligate or require Town to offer any Job Order to Contractor and no Contract will exist for any specific Work until a Job Order for such Work has been fully executed by Town and Contractor. 2.4 Scope of Work Under This Contract. The Contractor will provide all labor, tools, management, materials, parts and supplies, equipment, and transportation necessary to furnish a broad range of electrical services at various locations throughout the Town of Fountain Hills on an as -needed basis. Electrical services will include troubleshooting and repair of existing electrical systems, installation of new electrical components, general maintenance, and may include responses to emergency calls outside of normal Town operating hours. 2.5 Contract Price for Each Job Order. The amount to be paid by Town for the Project under each Job Order is the Contract Price for the Job Order. The Contract Price includes the Contract Price for the Work. The Contract Price for any Job Order may be a Fixed Price or a Guaranteed Maximum Price (GMP), subject to the following: A. The cumulative sum of the Job Orders performed by Contractor during any twelve (12) month period shall not exceed $125,000.00. B. There is no limit on the number of Job Orders that the Town may issue to Contractor during any twelve (12) month period of this Contract or during the entire period this Contract is in effect. C. Contractor may not refuse any Job Order under this Contract properly issued by Town, unless Contractor explains, in writing and to Town's satisfaction, that the scope of work under a specific Job Order is poorly defined or hazardous to health or safety. 3. Performance of the Work. 3.1 Specifications. The Maricopa Association of Governments, Uniform Standard Specifications for Public Works Construction, current edition ("MAG Specifications"), Maricopa Association of Governments, Standard Details for Public Works Construction, current edition ("MAG Details"), have been adopted by Town and shall apply to the Work, to the extent applicable. In addition, to the extent Town has adopted its own Town Specifications, and/or Supplements and/or Modifications to the MAG Specifications or MAG Details (collectively the "Town Specifications"), those Town Specifications shall apply to the Work when and where appropriate and the Contractor shall fully comply therewith. Any questions or concerns about the applicability of any specific MAG or Town Specifications to the Work shall be directed in writing to the Project Engineer. The MAG Specifications, MAG Details and Town Specifications are incorporated into the Contract. 3.2 Coordination. Contractor shall also cooperate with Town in communicating with, obtaining necessary approvals or permits from, and responding to, any applicable government entity or regulatory agency, including participation in any hearings or meetings. 3.3 Extra Work/Changes in the Work/Approvals. Town reserves the right to make such changes in the plans and specifications for the Work, within the general scope thereof, as it may deem appropriate and any such change as set forth in a written Change Order or Extra Work Order shall be deemed a part of this Contract as if originally incorporated herein. A. Contractor shall not be entitled to payment for additional work unless a written Change Order or Extra Work Order, in form and content prescribed by Town, has been executed by Town prior to starting the additional work; on all such Change Orders and Extra Work Orders, Contractor shall specify the increased and/or decreased costs and whether it believes any extensions of time will be necessary to complete its Work as modified by the Change Order or Extra Work Order. In no event, however, will the Contractor be entitled to collect for overhead and profit for such changes more than the percentages of Contractor's actual and direct cost incurred in such change as set forth in the corresponding Change Order. If additional work is performed on the basis of an Extra Work Order, a corresponding Change Order shall be prepared, approved and processed by Town before payment can be made to Contractor. B. Upon request by Town, Contractor shall submit for Town's prior approval all samples, product data, shop drawings on all materials, systems, and equipment to be incorporated into the Work. C. The Project Manager shall be designated by the Town. All communications concerning performance of the Work or the Project shall be provided to the designated Project Manager, who has the authority to act on behalf of Town, as delineated and limited by the Contract Documents and applicable law. The Project Manager has no authority to bind Town or Town Council in contravention of any Town Code, State, or Federal statute or regulation, or this Contract. Project communications may be exchanged by e-mail upon the written agreement of the Project Manager and Contractor, but e-mail communications are not binding upon Town and cannot change the terms of the Contract or the scope of Work, or effectuate any change that requires a written change order. The use of a -mails is for information only, and e-mails will have no legal or binding effect. 3.4 Time/Float. Contractor shall strictly comply with the Project schedule approved in writing by Town (the "Contract Time"). The Contract Time shall start with the Notice to Proceed and end with final acceptance of the Work. Contractor shall commence performance of the Work and complete the Project through both substantial completion and final acceptance within the Contract Time, and failure to do so shall be a material breach of the Contract. A. Time is of the essence of the Contract, for each Project, for the Work, and for each phase and/or designated milestone thereof. B. No modification to the Contract Documents or the Contract Time shall be effective unless approved in writing, in advance, by Town. C. The total float time within the overall schedule is for the exclusive use of Town, but Town may approve Contractor's use of float as needed to meet contract milestones and the Project completion date. 4. Payments. Payments shall be made as follows: 4.1 Progress, m A. Progress billings will be processed monthly starting upon Project commencement. B. Contractor billings shall be submitted on Contractor's typical invoice form. C. A list of all suppliers (including name, contact information and phone numbers) to be used by Contractor must be received and approved by Town, prior to release of Contractor's monthly progress payment. Town's approval of Contractor's suppliers shall not release Contractor from any of its obligations under this Contract, including without limitation, Contractor's indemnification, and insurance obligations. D. If required by Town, Contractor will be required to execute an Unconditional Waiver and Release on Progress Payment or Unconditional Waiver and Release on final payment contemporaneously with the receipt of partial or final payments, or other form of acknowledgment of payment and/or release of claims as required by Town, as well as unconditional lien waivers executed by subcontractors and/or suppliers who have provided labor, materials, or rental equipment to Contractor. Payments of any amounts covered by any conditional lien waivers may, at Town's sole discretion, be made by joint check issued to the Contractor and the subcontractor or supplier. E. Contractor shall submit all other supporting documentation substantiating its Invoice as may be reasonably required by the Engineer, Project Manager, Town, and applicable laws. 4.2 Final Payment. Final payment including retainage shall be paid only after: (i) the Work has been fully completed (including completion of all incorrect or incomplete work items) and accepted by Town; (ii) necessary operating manuals, any excess materials and supplies necessary for matching materials and supplies incorporated into the Work, and complete "as -built" drawings, plans and specifications have been delivered to Town; (iii) if required by Town, full and unconditional lien waivers and releases by Contractor and any person performing labor or supplying material, machinery, fixtures, or tools for the Work have been delivered to Town; (iv) all conditions and requirements imposed by Town or any financing entity for the corresponding disbursement have been met; and (v) Contractor delivers to Town an Invoice requesting payment. The Contract number must be referenced on all invoices. 4.3 Town's Right to Withhold Payment. Town may withhold payment to such extent as may be necessary in Town's opinion to protect Town from loss for which the Contractor is responsible, including, without limitation: A. defective Work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Town is provided by the Contractor; C. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; D. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; E. damage to Town or another contractor; F. reasonable evidence that the Work will not be completed within the Contract Time (or otherwise by Town), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or G. persistent failure to carry out the Work in accordance with the Contract Documents. 4.4 Joint/Direct Checks. Payments to Contractor may be made by checks payable jointly to Contractor and its employees, agents, subcontractors and suppliers, or any of them, and when in the sole opinion of Town it is advisable, payments may be made directly to Contractor's subcontractors and any amount so paid shall be deducted from the amounts owed to Contractor under this Contract. 4.5 Payment Not A Waiver. No payment (nor use or occupancy of the Project by Town) shall be deemed acceptance or approval of the Work or as a waiver of any claims, rights, or remedies of Town. 4.6 Liens and Bond Claims. Contractor shall make all payments, in the time required, of all labor and materials furnished to Contractor in the course of the Work and shall promptly furnish evidence of such payments as Town may require. Contractor shall pay when due all claims arising out of performance of the Work covered by this Contract for which a lien may be filed either against the real estate or leasehold interest of Town, or against payments due from Town to Contractor, or for which a claim may be made against any payment or performance bond or both. To the fullest extent permitted by law, Contractor agrees that no liens or other claims in the nature of a lien against the real estate, leasehold, or other interest of Town, against payment due from Town to Contractor, or against any payment or performance bond, shall be filed or made in connection with the Work by any party who has supplied professional services, labor, materials, machinery, fixtures, tools, or equipment used in or in connection with the performance of this Contract, and Contractor agrees to remove or to cause to be removed any such liens or claims in the nature of a lien or bond claim within ten (10) days upon receiving notice or obtaining actual knowledge of the existence of such liens or claims. In addition, Contractor agrees to defend, indemnify, and hold harmless Town from and against any and all such liens and claims. This paragraph does not apply to claims and liens of Contractor due to non-payment for Work performed. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 8. Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor, without limitation, all of Contractor's applicable licenses issued by the Arizona Registrar of Contractors. The Town has no obligation to provide Contractor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Contractor. 9. Work Standards, Warranties, and Correction of Work. All materials and any other items incorporated into the Work shall be new, and all Work shall be of good and workmanlike quality and completed in strict conformance with all applicable laws, rules and regulations and the plans, specifications, schedules, Contract Documents and all other terms and conditions of the Contract. 9.1 Express Warranties. Within fourteen (14) days of the completion of the Work (or at such earlier time as requested by Town), Contractor shall execute and deliver to Town all warranties regarding the Work required by the Project plans and specifications. These warranties shall be in form and content satisfactory to Town, and any other person reasonably requested by Town, or Town's lender(s). 9.2 Standard Warranty. In the absence of any requirement for warranties in the Project specifications, Contractor hereby warrants that the Work shall be free of any defects in quality or workmanship for a period of two (2) years after the date of completion and acceptance of the Project by Town. 9.3 Correction of Work. The Contractor shall promptly correct Work rejected by the Project Engineer, Project Manager, or Town as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor's other obligations including warranties under the Contract, the • Contractor shall, for a period of (two) 2 years after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct nonconforming Work within a reasonable time, Town may correct it and the Contractor shall reimburse Town for the cost of correction. 10. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims") to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self - insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self -insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFQ number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFQ number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFQ number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. (2) Contractor's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Contractor engages in any professional services or work in any way related to performing the work under this Agreement, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non -defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non -defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REv. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Contractor fully informed as to the availability of funds for this Agreement. B-11 The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Contractor shall be relieved of any subsequent obligation under this Agreement. 12.7 Upon any termination of the Contract, no further payments shall be due from Town to Contractor unless and until Contractor has delivered to Town any and all documentation required to be maintained by Contractor or provided by Contractor to Town. 12.8 Under no circumstances shall Town have any liability for any costs, expenses, overhead, or profits in relation to any work not actually performed, or for any future or anticipated profits, recovery, damages, expenses, or loses. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the Services provided under this Agreement so long as Contractor meets the requirements of its agreed Scope of Work as set forth in Section 2 above. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Contractor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Contractor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor. B-12 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. . No right or interest in this Agreement shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Agreement by Contractor. 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Contractor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Contractor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which B-13 shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 4711 East Falcon Drive, Suite I I I Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Hawkeye Electric, Inc. 10 South Roosevelt Ave. Chandler, Arizona 85226 Attn: Pete Trowbridge, President or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the parry, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Agreement. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under subsection 13.17 below, Contractor's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. B-15 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFQ and the Contractor's SOQ, the documents shall govern in the order listed herein. 13.20 Non -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. 13.22 Special Provisions. The Contract created by this request and the resulting request for qualifications will automatically renew for up to four successive one-year terms, unless the Vendor notifies the Town in writing of its desire to terminate the Contract. If extended, the then -current prices shall be applicable during the subsequent renewal year unless the Vendor notifies the Town in writing of any rate increase and the Town approves the increase with an authorized signature, prior to the end of the then -current term. [SIGNATURES ON FOLLOWING PAGES] B-16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grgdy E. Niger Grady E. Miller (Nov 18, 2020 12:01 MST) Grady E. Miller, Town Manager ATTEST: E iza A. Burke (Nov 18, 2020 13:58 MST) Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: .Ac�ery ,A�+�eri Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] "Contractor" HAWKEYE ELECTRIC, INC. �9t9 TI-VAIAVIwag By: Pete Trowbridge (Nov 18, 202 07:42 MST) Name. Pete Trowbridge Title.President EXHIBIT A TO JOB ORDER MASTER AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HAWKEYE ELECTRIC, INC. [Contractor's SOQ] See following pages. ELECTRI Statement of Qualifications for General Electrical Services Town of Fountain Hills Solicitation Number 2021-008 ate: Thursday, September 24, 2020 Due Time: 1:00 p.m. (Arizona Time) 10 S. Roosevelt Avenue P: 480.784.6800 ROC C-11 151297 Chandler, AZ 85226 F: 480.784.6860 www.hawkeyeelectric.com �� HAWKEYE L _,. i :l . Cam. l : \ - STATEMENT OF QUALIFICATIONS FOR: GENERAL ELECTRICAL SERVICES TOWN OF FOUNTAIN HILLS SOLICITATION NUMBER 2021-008 TABLE OF CONTENTS A. General Information 1. 1-page cover letter 2. Vendor identification information 3. Principal office location 4. General vendor description 5. Contracts terminated 6. Claims 7. Debarment 8. Vendor Info Form B. Experience & Qualifications 1. Experience description 2. Similar completed projects 3. Licensing information C. Key Positions 1. Key personnel members 2. Resume— Pete Trowbridge 3. Resume —Mike Roth 4. Resume —Pascal Halle .4EWr HAWKEYE September 24, 2020 Mr. Kevin Snipes Community Services Department Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 RE: Response to Request for Statement of Qualifications General Electrical Services Solicitation Number 2021-008 Dear Mr. Snipes, On behalf of Hawkeye Electric, Inc., I am pleased to present our enclosed response to the above - referenced solicitation. We appreciate the opportunity to be considered as a potential vendor for the Town of Fountain Hills. Hawkeye Electric is proud to offer a strong, committed team of construction professionals and skilled tradesmen who will provide maximum value for you via effective and efficient project management. Following are some important benefits of selecting Hawkeye Electric as your JOC Contract partner: ➢ Proven Experience: With a proven track record successfully completing hundreds of commercial and government projects throughout Arizona, Hawkeye understands the logistical dynamics involved with working within active facilities. Our management programs include tools, systems, and procedures developed over time to guide the Project Team as we prepare and execute an insightful, thorough plan for your projects. ➢ JOC Project Experience: Hawkeye currently holds multi -year electrical service contracts with numerous public agencies in and around Maricopa County and have successfully rendered electrical services on hundreds of projects procured through the JOC delivery method dating back to 2014. We are confident Hawkeye's experience and capabilities make us the right team to effectively service the Town of Fountain Hills electrical needs. Thanks again for the opportunity to be considered for this important contract. Sincerely, Pete Trowbridge President, Hawkeye Electric, Inc. Cell: 602.696.4402 Email: pete@hawkeyeelectric.com 10 S. Roosevelt Avenue, Chandler, AZ 85226 Phone: 480.784.6800 • Fax: 480.784.686o WWW.HAWKEYEELECTRIC.COM ROC Cli 151297 GENERAL INFORMATION VENDOR IDENTIFICATION INFORMATION Legal Name: Address: Employers ID Number: Legal Organization Type: Contact for SOQ Questions LOCATION 4rr HAWKEYE Hawkeye Electric, Inc. 10 S. Roosevelt Avenue, Chandler, AZ 85226 87-0972617 S Corporation Pete Trowbridge, President, Hawkeye Electric 10 S. Roosevelt Avenue, Chandler, AZ 85226 (480) 374.4120, Pete@ HawkeyeElectric.com Hawkeye's principal and only office location is 10 S. Roosevelt Avenue, Chandler, AZ 85226. GENERAL DESCRIPTION Hawkeye is a Chandler -based S-Corp that holds C11 & 131 contracting licenses with the Arizona Registrar of Contractors. The company specializes in commercial, service, & JOC contract electrical work throughout the State of Arizona. Since its inception in 1999, Hawkeye has completed hundreds of projects in commercial and governmental contracting throughout the southwestern United States and grown to become Arizona's eighth largest electrical contracting company'. CONTRACT HISTORY ELECTRICAL CONTRACTORS S791.7►1 o o,,..... There have been no contracts or subcontracts held by Hawkeye Electric or officers of Hawkeye Electric that have been terminated. CLAIM HISTORY Hawkeye Electric has had no claims arising from a contract that resulted in litigation or arbitration within the last five years. DEBARMENT HISTORY Neither Hawkeye nor any of its' Principals have ever been debarred by any federal, state, or local government entity. VENDOR INFORMATION FORM - SEE NEXT PAGE ' Phoenix Business Journal Book of Lists 2018-19 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT 2020-008 IV. Vendor Information By submitting an SOQ, the submitting Vendor certifies that it has reviewed the entire RFQ, including Appendix A and Appendix B, if awarded the Agreement, agrees to be bound by all terms and conditions contained therein. VENDOR SUBMITTING SOQ PRINTED NAME AND TITLE ADDRESS FEDERAL TAX ID NUMBER AUTHORIZED SIGNATURE TELEPHONE FAX # CITY STATE ZIP DATE WEB SITE: E-MAIL ADDRESS: ROC License Numbers and Classifications: SMALL, MINORITY, DISADVANTAGED AND WOMEN -OWNED BUSINESS ENTERPRISES (check appropriate item(s): Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Disadvantaged Business Enterprise (DBE) Women -Owned Business Enterprise (WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman -owned business enterprise? If yes, please provide details and documentation of the certification. 945164.3 iv HAWKEYE EXPERIENCE DESCRIPTION OF EXPERIENCE PROVIDING SIMILAR SERVICES Hawkeye appreciates the opportunity to present its qualifications and experience in this submittal for the Town of Fountain Hills General Electrical Services JOC Contract. Hawkeye has significant experience successfully delivering top notch electrical contracting services through multi -year on -call contracts. The company's experience in providing electrical JOC contracting services to public agencies is all encompassing. Hawkeye is accustomed to serving as the prime in this role providing leadership in all facets of the process. At the beginning of task orders, our managers participate in preliminary meetings and job walks with the owner and designers to assist with design development and early identification of project challenges. Throughout execution of task orders, we assign highly qualified technicians to execute code compliant professional electrical installations. In addition to being an electrical contractor, Hawkeye also has a general contractor's license and a plethora of experience serving in the GC role. With that said, the company has extensive experience subcontracting and overseeing 3rd party performance of ancillary related work scopes including professional surveying services, grading and paving, landscaping & irrigation, concrete, masonry, caulking & painting and many others. HAWKEYE GENERAL ELECTRICAL SERVICES EXPERIENCE ✓ Service Entrance Section Thermal Imaging ✓ Electrical Distribution Troubleshooting and Preventative Maintenance ✓ LED Upgrades & Retrofits ✓ Design Assist/Design Build ✓ Commissioning Services ✓ Fire Alarm & Voice/Data ✓ Lighting Audits / Reporting ✓ Photovoltaic Design & Installation ✓ Commissioning Services ✓ Value Engineering ✓ Infrared Thermal Scanning / Reporting ✓ Life Cycle Cost Analysis ✓ Electrical Code Compliance Auditing Other current job order contracts held by Hawkeye with governmental organizations in and around the Phoenix Area include: CURRENT PUBLIC AGENCY MULTI -YEAR CONTRACTS ✓ City of Phoenix Street Transportation Department — IFB 19-047 (awarded 05-20-19) ✓ City of Phoenix Street Transportation Department — JOC Contract No. 143971— LED Lighting Replacement ✓ Maricopa County Facilities Management Contract Serial 171091 S — Re- lamping and Repair Services ✓ Maricopa County Facilities Management Contract JOC 200037 (Electrical General Services) ✓ Maricopa County Facilities Management Contract JOC 200060 (Maricopa County Parks) ✓ 1GPA —Contract No. 17- 13PV-03 Electrical & Lighting Products and Services ✓ Arizona State University — Single Shop Trade Contract No. 231801 ✓ Gilbert Public Schools 18- 01-08-22 Maintenance Services ✓ City of Glendale Agreement C17-0570 ✓ City of Mesa — JOC EL-20 ✓ City of Scottsdale — 2019- 185-COS HAWKEYE EXPERIENCE RECENT SUCCESSFUL HAWKEYE JOC TASK ORDERS City of Phoenix Protect Names Encanto Park Electrical Improvements Mountain View Park Electrical Upgrades Citywide Light Pole Struct. Remediation Encanto Park Enchanted Island Lighting Green Valley Park LED Sports Field Lighting Pierce Park LED Sports Field Lighting Villa de Park Park Sports Field Lighting Sweetwater Park LED Sports Field Lighting Maryvale Park LED Sports & Prkng Lighting Smith Park Area LED Lighting Addition Palma Park Sports Field LED Lighting Glenrosa Trans. Facility Generators City of Phoenix Protect Numbers COP Project Number PA75200112-1 COP Project Number PA75200254 COP Project Number PA75200418 COP Project Number PA75200112-2 COP Project Number PA75200106-1 COP Project Number PA75200483-1 COP Project Number PA75200154-1 COP Project Number PA75200474-1 COP Project Number PA75200482-7 COP Project Number PA75200597-1 COP Project Number PA75200473-1 COP Project Number 70249142 Phx City Hall Busway Replacement COP Project Number 70190062 Values $609,956 $608,418 $452,453 $130,965 $262,644 $281,944 $381,339 $264,533 $514,908 $96,280 $560,000 $540,000 $1,425,000 Other Public Agency Projects Values Other Public Agency Projects Values City of Chandler Irrigation Cabinet #1471 $23,985 City of Glendale Pump SES Troubleshoot $1,648 City of Chandler Queen Creek Uplights $29,429 City of Glendale Pool Lighting $219.25 City of Chandler Price Road Uplights $19,632 Maricopa Cty Fixture Parts Order $3,933.25 City of Surprise Preliminary Call Box $1,607 Maricopa Cty Impound / New #982 $9,627.55 City of Surprise Ottawa Call Box $13,640 Maricopa Cty Vehicle Process Bldg 1910 $2,446.75 Gilbert Public Schools — Gilbert High $4,949 Maricopa Cty Impound Warehouse $4,9895 Gilbert Public Schools Canyon Rim $22,130 Maricopa Cty 1901 Light Replacement $470 Gilbert Public Schools Greenfield Jr High $4,065 Maricopa Cty Building 1910 $1,797.24 Gilbert Public Schools Greenfield Tech $25,184 Maricopa Cty South Tower Re -Lamp $84,067 Gilbert Public Schools Copier Electrical $42,340 Maricopa Cty White Tanks $629.13 City of Glendale Main Library $9,900 REFERENCE JOC CLIENTS WITH CONTACT INFORMATION Reference #1: (a) Name: City of Phoenix (b) Contact Name: Mark Binelli (c) Address: 200 W. Washington St, 51" Flr, Phoenix, AZ 85003-1611 (d) Phone Number: (602) 534,3749 (e) Email: mark.binelli@phoenix.gov (f) Dates of Contract Initiation/Expiration: Hawkeye has been serving Mark on multiple JOC task orders dating back to approximately 2017. Hawkeye is currently supporting Mark serving as the prime JOC Contractor self -performing all work related to the replacement of the vertical busway distributing power throughout the 21-story Phoenix City Hall Building. Completion is scheduled for October of 2020. EXPERIENCE Reference #2: 4rr HAWKEYE (a) Name: Arizona State University (b) Contact Name: Blaine Miller (c) Address: Tempe, Arizona (d) Phone Number: (602) 727.8836 (e) Email: blaine.miller@asu.edu (f) Dates of Contract Initiation/Expiration: Hawkeye has been serving ASU with general electrical and LED lighting retrofit/replacement services since 2018 and is currently still under contract providing on -call electrical and lighting services. Hawkeye's largest project done for ASU thus far is LED lighting upgrades totaling $597,582 in contract value with lighting upgrades being completed at multiple buildings on ASU's Tempe Campus. Reference #3: (a) Name: Maricopa County FMD (b) Contact Name: Eric Barcon (c) Address: 401 W. Jefferson Street, Phoenix, AZ, 85003 (d) Phone Number: (602) 372.1714 (e) Email: eric.barcon@maricopa.gov (f) Hawkeye currently has multiple JOC contracts with Maricopa County through which we have executed work for Eric Barcon in the FM Department. In case the Town of Fountain Hills wishes to explore Hawkeye's references further, following are some additional clients the company has successfully served via the JOC delivery method during the last five years: NAME TITLE ORGANIZATION CELL EMAIL James Gorombei Energy Mgmt. Specialist City of Phoenix (602) 374.0687 james.gorombei@phoenix.gov Albert Dutchover Director of Operations Gilbert Public Schools (480) 215.6390 albert.dutchover@gilbertschools.net Robert Johnson Facilities Project Planner City of Phoenix (602) 354.6419 robert.x.lohnson@phoenix.gov Michael Courter Facilities Project Planner City of Phoenix (602) 374.0680 michael.courter@phoenix.gov LICENSING INFORMATION Electrical Contractor License License Number: 151297 License Classification: C-11 Issuance Date: 01/03/2000 Qualifying Party: Pat Tilton Pat Tilton — Licensed EC since 2000 General Contractor License License Number: 323971 License Classification: B-1 Issuance Date: 03/29/2019 Qualifying Party: Pete Trowbridge Pete Trowbridge — Licensed GC since 2000 as well KEY POSITIONS HAWKEYEIr Hawkeye intends to service this new JOC Contract with the Town of Fountain Hills via primary liaisons Pete Trowbridge, Mike Roth, and Pascal Halle, with support from Troy Gallegos, Keith Shay, and various electrical Foremen, Technicians, and Journeymen. Resumes for key individuals are attached. The table below includes a description of the role to be filled by each individual in servicing this JOC Contract for the Town of Fountain Hills. �TITLE TIME DEDICATION• THIS NAME PROJECT 30 Estimating, Contract Negotiation, 100% during contract negotiation & Pete Trowbridge President and Contract Startup establishing of working guidelines. Available as -needed thereafter. Service Dept. Scheduling, Project Mgmt, Mike and Pascal will collaborate on Mike Roth Mgr. Execution, & Closeout ensuring there is a PM assigned full time for management of every task order with larger jobs managed by Mike and Pascal Halle Service Dept. Scheduling, Project Mgmt, Mgr. Execution, & Closeout smaller ones managed by Pascal Foremen Self -Performance of work and Hawkeye has 35 Foremen on Staff. (multiple to be Foreman Management of Journeymen There will a Foreman on site 100% of assigned) the time during every project. Weekly jobsite quality control Approx. 15%. Minor supporting role Troy Gallegos Superintendent inspections. Management of provided there are no problems. labor. Increased role in event of issues. Sporadic Jobsite Safety Auditing Approx. 15%. Minor supporting role Keith Shay Safety Director & Reporting. Development of provided there are no problems. Job Hazard Analyses as needed Increased role in event of issues. KEY POSITIONS 4rr HAWKEYE RELEVANT PROJECT EXPERIENCE FOR KEY TEAM MEMBERS Contract otJob Jab Name Description Role Dwner Value Orders -I H bvSwJV Rer}laoement Replace nF,,r 6f 5 ea 2,000 inns) %e"tlCel buswa4S sef7lr�g Pre-[xrkstructlm S 1,425,W0.X This was 1 job Cdy of Phoenix as backbone For Phoenix City Hall Manager order under Mason)OC AC Ma rdatt Hotel at Westin Electrial & Fire Alarm far new 165•room AC Marrlon Project Manager $ 2,006,000.015 Lump Sum H05t Hotels ii&lmdResart Hotel Contract ntwnauoml South Mountain Demo/Removal of antiquated interior die5el generator. Project Estimator $ 126,$00.0 This was 1 job City of Phoenix Comm unications Tower Replan,* with new exteriorgeneratgr order under Senerator Replacement Malster= Yucca Library 5ES Replacment Retrofit existing interior SES int*Mox. Add New Exterior Project Estimator $ 83,11i1Q.00 This was 1 job City of Phoenix SES. All Work done in Off hours and Weekends- N4 and Project Manager order under dpwntIr". Master JOC Palo Verde tibrary Replare existing 75 kva transformer at interior electrical Project Estimator $ 1x,ff00_U0IMWerJOC This was 1 job City of Phoenix Transformer Replacement room at Palo Verde Library and Project Manager order under ROTHMIKE ■ a.■ y Contract #of Job Job Name Description bole project Owner Value Orders Fountain Hillis Unified School Replace old light fixtures throughout wing of Fountain Project Manager 5 60,000.00 This was 1 job FHUSD District -Lighting Retrofit H ills High School. Sourced through IGPA JOC Contract order under Master JOC Maricopa County South Court Upgrade all fixtures to LED throughout 5-story court Project Manager 5 214,U34.O0 This was 1 job Maricopa County Tower Relamp Lower building order under Master lot Gilbert Public Schools IOC Quartz Hill Elementary School Lighting Control Panel Project Manager 5 26,650.00 This was 1 job Gilbert Public ?roject Replarement order under Schools Master JOC Estrella fail Relamp LED Bypass lamp retrofrtthroughoul entire multi- Project Manager 5 125400.00 This was 1 job Maricops County building detention center order undera Master JO[ South Mountain Demo}Removal of antiquated interior diesel generator. Project Manager $ 176S00.00iMasterJOC This was 1 job City of Phoenix Comm unirations Tower Replace with new exterior generator order under Generator Replacement ay r y PASCAL HALLE SERVICE DEPARTMENT 1 ■ Contract H of Job Job Name Description Role Projeu Owner Value Wers Cordota Court Tower Building; Replacement of over 7,900 fixtures in 12 weeks Project Manager $ 517,409.00 This was 1 job City of Phoenix LED Upgrades throughout 9 story bu ilding. All done at night order under a Master f OC Okemah Service Center Lighting Replacement - Interior and Exterior fixture Project Manager 5 42,780_00 This was 1 job City of Phoenix UpgradestoLED order under Master JOC Veterans ReOertive Circle Donated electrical servioes to City of Surprise to Project Manager $ 1 job order City of Phoenix participate in construction of memorial area in plaza at mun icipal complex Dick McComb Dog Park All Fier trical & lighting for new ground up dog park Estimator & Project $ 100,758.00 This was 1 job City of Surprise Manager arderundera Master ]CC Ottawa University 51tddium Service, distribution, feeders, and Musco lighting for new Project Manager $ 134,000.00 N/A • sourced City of Surprise Addidon ground up construction project through Rummel Constl4C CAREER SUMMARY 8 years Hawkeye Management General Contractor 2000 - Present Working in Phoenix Const. Industry since 1994 EDUCATION ASU Bachelor of Science Del E. Webb School of Construction LICENSING & CERTIFICATIONS Arizona ROC 131158138 Arizona ROC 131286918 City of Chandler Green Building Task Force IECA Board of Directors Gilbert Education Foundation Board of Directors CLIENT REFERENCES Steve Poulin Project Director, McCarthy 602.751.5072 AJ Alvarez Vice President Sun Eagle Corporation 602.757.4052 Bill Jackson Jackson Consultant LLC 602.513.1777 HAWKEYE yC PETE TROWBRIDGE PARTNER & JOC CONTRACT MANAGER With 20 years of experience developing projects in the Phoenix commercial construction industry, Pete brings an impressive resume of public and private experience to your contract. Pete's experience in construction contract management in the role of General Contractor equips him with a unique degree of experience and insight as a contract manager for a key trade contractor. SELECTED I� PWCT EXPERIENCE - Mohave Educational Services Cooperative Contract Manager (Contract No. 1OH-TTPC-1004) (Multiple JOC Contract Orders) (2010-2013) Prepared submittal and won Mohave Contract 10H-TTPC-1004. Over 4 year period of time, Pete managed multiple building projects procured through the contract including building addition projects to Tusayan Town Hall, Vernon Elementary School, and the Chinle & Kayenta Wellness Centers. Pete prepared all means -based estimates and overall all project management, serving as the liaison with Mohave for all contract and project -related coordination. Luke Air Force Base - IDIQ Team Pre -Construction Services Director (Glendale, AZ) (02/2013 - 09/2013) ($7.0MM over 13 projects) Prepared, submitted, and negotiated Means -Based estimates for design/build electrical IDIQ (Indefinite Delivery / Indefinite Quantity) project at Luke Air Force Base. Served as primary liaison representing general contractor, interfacing with Contracting Officers from LAFB 56th Contracting and Civil Engineering Squadrons. Pete's efforts resulted in $7MM in Task Orders executed between LAFB & the general contractor, FMCl/RGE Joint Venture Partnership. Gila River Indian Community Dist. 3 Head Start Center - Estimator/Project Mgr (Sacaton, AZ) (10/2012 - 09/2013) ($7.2MM) Pete prepared & submitted statement of qualifications for CM@Risk project. Oversaw capabilities presentation. Was awarded preconstruction services contract. Performed all precon services. Negotiated & executed contract. Bought out all subcontracts & oversaw material procurement. Managed project through substantial completion. Completed under budget and 1 month ahead of schedule. Northwest Regional Courthouse - Estimator & Project Manager (Surprise, AZ) (2001-2002) ($3.OMM) Preconstruction Service Team Leader and Construction Project Manager for 25,000 s.f. design/build courthouse building consisting of 34 steel framed modular sections with lightweight concrete slab on metal deck floors bearing on masonry stem wall foundation. Project completed in less than 4-1/2 months from groundbreaking to occupancy HAWKEYE CAREER SUMMARY 22 years electrical experience Roles Have Included Journeyman, Foreman, Superintendent, Estimator, Project Manager, and Service Department Manager EDUCATION 2-year electrician program Penn Foster College Scottsdale, AZ CONTINUING EDUCATION NEC Code Update Classes: 2008 and 2015 Industrial Wiring Arc Flash Training Motor Controls & Ladder Logic Soares Grounding & Bonding NEC-2008 MIKE ROTH SERVICE DEPARTMENT MANAGER A vital member of the Hawkeye Team since 2010, Mike earned the role of Service Department Manager in 2013 based on his leadership, attention to detail, and communication skills. Hawkeye is proud to have Mike on the front lines forthe company, meeting with Owners and Facility Managers to review and assess electrical issues. In 2014, his first full year directing Hawkeye's Service Department, Mike's team successfully managed over $1,000,000 worth of service projects at facilities throughout the State of Arizona. Now in 2019, the Service Department is projected to complete over $3,000,000 in revenue. SELECTED CLIENT RELATIONSHIP EXPERIENCE MGC Pure Chemicals Manager for servicing multi -year electrical service contract at the Mitsubishi Pure Chemical manufacturing facility in Mesa, AZ. Responsibilities include directing response to an average of three service calls per month, dealing primarily with updating outdated electrical systems and implementing a labelling & as-builting electrical distribution program throughout the facility. Notable 2018 & 2019 on -campus projects include: LED retrofit of nine buildings. Preventative maintenance, infrared scanning, and Arc Flash Study (& labelling) throughout entire campus. Prisma Graphics Mike is Hawkeye's relationship manager serving Prisma Graphics since 2017. Notable electrical service upgrades completed by Hawkeye for Prisma Graphics under Mike's leadership include a recent LED retrofit of the mailing & office areas, new LED high -bay & low -bay lighting, and new power distribution system to accommodate and expansion of the print shop. Gilbert Public Schools Hawkeye has had a multi -year JOC contract with GPS since 2017. In servicing this contract, Mike and the Hawkeye Service Department have successfully completed over ten projects for Gilbert Public Schools and remain on -call as a prized electrical contractor for the district. In fact, at the time this resume is being updated, Hawkeye is currently LED retrofitting the auditorium, cafes, and administration building at Mesquite High School. LICENSES AND CERTIFICATIONS Maricopa County Facilities Maintenance Department Master Electrician Hawkeye completes approximately three service calls per month for the Maricopa County FMD Dept State of Wisconsin, 2009 under its multi -year electrical services job order contract. In addition to providing these on -call services, Hawkeye also has completed numerous expansive LED lighting upgrade projects for FMD at CLIENT REFERENCES facilities including Buckeye Jail, Maricopa County South Court Tower, Estrella Jail, and others. Mike is Hawkeye's primary liaison for servicing this important relationship. David Ayala Mechanical Maintenance RevSpring Supervisor Hawkeye first started serving RevSpring as an on -call electrical service vendor in 2015. Over the years, Gilbert Public Schools the company has completed numerous office expansions & relocations, and extensive work adding (480) 612.3066 distribution panels & transformers to feed many different types of printing equipment throughout the Jim Bedouin facility. Like with Prisma Graphics, Mike is Hawkeye's point -of -contact for coordinating all electrical Director of Logistics & Mailing work with RevSpring. Under his leadership, the mutually -beneficial relationship has grown significantly Services and continues to grow today. Prisma Graphics (602) 305.3955 HAWKEYE CAREER SUMMARY 25 years of experience in electrical contracting industry Apprentice, Journeyman, Foreman, Project Manager, and Service Department Manager CONTINUING EDUCATION OSHA 10 & 30 Hour Certified Motor Controls Certified Gateway Community College PVNGS Lock -Out Tag -Out Qualified PVNGS Supplemental Supervisor Qualified Arc -Flash Certified ITC Level 2 Certified Infrared Scanning Thermographer CLIENT REFERENCES Jeff Martin Project Manager City of Surprise (623) 222.6026 Eric Barcon Facilities Mgmt & Const. Mgr. Maricopa County FMD (602) 478.0289 James Gorombei Energy Management Specialist City of Phx Public Works (602) 374.0687 PASCAL HALLE SERVICE DEPARTMENT MANAGER Pascal has been a member of Team Hawk since 2004. Over the years, he has worked his way up through the organization, serving first an Electrical Journeyman then being promoted to Foreman and now serving in the role of Service Department Manager. Pascal's greatest asset as a member of Hawkeye Electric is his affable personality and effective communication skills. With 25 years of experience in commercial and industrial electrical construction under his belt, Pascal has all the tools for success managing stressful, complex projects on behalf of Hawkeye Electric. SELECTED CLIENT RELATIONSHIP EXPERIENCE City of Surprise Pascal serves as Hawkeye's primary liaison servicing this important client through Hawkeye's multi -year 1-GPA electrical services contract number 17-13PV-03. Electrical upgrades overseen by Pascal for the City of Surprise include: 1. Repairing ballfield lighting at KC Royals & Texas Rangers Cactus League Spring Training Facility 2. Installation of new LED area lighting at Dick McComb Dog Park 3. Installation of electrical vehicle charging stations at Surprise City Hall 4. Electrical work involved in a Cafe tenant improvement project at Surprise City Hall 5. Veterans Reflection Circle — Memorial to Combat -Wounded Veteran, Surprise Resident, Sargeant First Class Brian Mancini (all labor and materials for this project were donated by Hawkeye) City of Glendale Pascal has been Hawkeye's relationship manager serving the City of Glendale via a multi -year job order contract since 2017. Notable electrical service upgrades completed by Hawkeye during that period of time under Pascal's leadership include vehicle charging stations at City Hall, vehicle charging stations at the City Courts Building, electrical distribution upgrades for IT Room expansion @ Courts Building, maintenance at multiple Recreation Centers, and others. City of Phoenix In the 2°d qtr, of 2019, Pascal served as project manager for a complete LED retrofit & lighting replacement project throughout the 9-story Valdemar A. Cordova Phoenix Municipal Court building in downtown Phoenix. Under his leadership, this massive project was completed in under 8 weeks, just in time for the June 30th. Springboarding off this successful project, Pascal is now moving forward with multiple other building projects for the City of Phoenix. Cox Communications Over the years, under Pascal's leadership, Hawkeye Electric has completed over 30 electrical service calls and upgrades for multiple Cox Communications facilities in and around Maricopa County. Notable projects include lighting replacements, LED upgrades, power distribution renovations, and others. Arizona Department of Transportation Hawkeye serves ADOT primarily as a vendor providing on -call off -hour emergency electrical services. Pascal is Hawkeye's point man managing this relationship, focusing on scheduling the service technicians with ultimate responsibility for ensuring 24/7 coverage and expedited completion with zero downtime. r jl1l► �� 1f�$1g ;drool 111r va"�'�; HAWKEYE Town of Fountain Hills Contract 2021-008B Final Audit Report 2020-11-18 Created: 2020-11-17 By: Jamie Salentine Osalentine@fh.az.gov) Status: Signed Transaction ID: CBJCHBCAABAAWgl4v1 btp3BKdW8k2KilzEKGtiHQBi9C "Town of Fountain Hills Contract 2021-00813" History Document created by Jamie Salentine Qsalentine@fh.az.gov) 2020-11-17 - 9:02:23 PM GMT- IP address: 184.178.192.162 Document emailed to Pete Trowbridge (mike@hawkeyeelectric.com) for signature 2020-11-17 - 9:02:48 PM GMT Email viewed by Pete Trowbridge (mike@hawkeyeelectric.com) 2020-11-18 - 12:05:35 PM GMT- IP address: 184.101.191.39 Document e-signed by Pete Trowbridge (mike@hawkeyeelectric.com) Signature Date: 2020-11-18 - 2:42:45 PM GMT - Time Source: server- IP address: 184.186.205.120 C'► Document emailed to David Pock (dpock@fh.az.gov) for approval 2020-11-18 - 2:42:48 PM GMT Email viewed by David Pock (dpock@fh.az.gov) 2020-11-18 - 5:37:38 PM GMT- IP address: 184.178.192.162 dg Document approved by David Pock (dpock@fh.az.gov) Approval Date: 2020-11-18 - 5:37:53 PM GMT - Time Source: server- IP address: 184.178.192.162 Icy Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature 2020-11-18 - 5:37:55 PM GMT Email viewed by Aaron Arnson (aaron@piercecoleman.com) 2020-11-18 - 5:40:26 PM GMT- IP address: 98.182.122.87 Document e-signed by Aaron Arnson (aaron@piercecoleman.com) Signature Date: 2020-11-18 - 5:40:37 PM GMT - Time Source: server- IP address: 98.182.122.87 Document emailed to Grady E. Miller (gmiller@fh.az.gov) for signature 2020-11-18 - 5:40:39 PM GMT W]WER E�BY Adobe Sign Email viewed by Grady E. Miller (gmiller@fh.az.gov) 2020-11-18 - 7:00:54 PM GMT- IP address: 184.178.192.162 dp Document e-signed by Grady E. Miller (gmiller@fh.az.gov) Signature Date: 2020-11-18 - 7:01:18 PM GMT - Time Source: server- IP address: 184.178.192.162 C'► Document emailed to Elizabeth A. Burke (eburke@fh.az.gov) for signature 2020-11-18 - 7:01:20 PM GMT Email viewed by Elizabeth A. Burke (eburke@fh.az.gov) 2020-11-18 - 8:51:28 PM GMT- IP address: 184.178.192.162 dp Document e-signed by Elizabeth A. Burke (eburke@fh.az.gov) Signature Date: 2020-11-18 - 8:58:34 PM GMT - Time Source: server- IP address: 184.178.192.162 Q Agreement completed. 2020-11-18 - 8:58:34 PM GMT W]WER E�BY Adobe Sign