210166-CONTRACT.DOCX

SERIAL 210166-S PAVING, RESURFACING, AND RELATED WORK IN ALLEYS AND
PARKING LOTS
DATE OF LAST REVISION: May 19, 2021 CONTRACT END DATE: May 31, 2023
CONTRACT PERIOD THROUGH MAY 31, 2023
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for PAVING, RESURFACING, AND RELATED WORK IN ALLEYS AND
PARKING LOTS
Attached to this letter is published an effective purchasing contract for products and/or services to be
supplied to Maricopa County activities as awarded by Maricopa County on May 19, 2021 (Eff. 06/01/21).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained
from the vendor holding the contract. Individuals are responsible to the vendor for purchases made
outside of contracts. The contract period is indicated above.
LN/mm
Attach
Copy to: Office of Procurement Services
Sammi Birchard, FMD
Suzi Williams, MCDOT
Karen Scott, FCD
(Please remove Serial 16112-S from your contract notebooks)

SERIAL 210166-S
CACTUS TRANSPORT INC DBA: CACTUS ASPHALT, 8211 W HERMAN ST, TOLLESON, AZ 85353
COMPANY NAME: Cactus Transport, Inc
DOING BUSINESS AS (dba): Cactus Asphalt, A Division of Cactus Transport, Inc.
MAILING ADDRESS: 8211 W. Sherman St, Tolleson AZ 85353
REMIT TO ADDRESS: 8211 W. Sherman Street, Tolleson AZ 85353
TELEPHONE NUMBER: 6239072800
FAX NUMBER: 6239072900
WWW ADDRESS: www.cactusasphalt.com
REPRESENTATIVE NAME: Jeff Abram
REPRESENTATIVE TELEPHONE
602-377-5651
NUMBER:
REPRESENTATIVE EMAIL ADDRESS jabram@cactusasphalt.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
Asphalt Surface Patch
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-100 sq.ft. $32.14 $48.20
101-250 sq.ft $13.14 $19.99
251-500 sq.ft. $7.16 $10.56
501-750 sq.ft $8.16 $10.33
751-1000 sq.ft. $6.40 $8.45
1001-1500 sq.ft. $4.60 $5.69
Mobilization / Demobilization $950.00 $1700.00
Asphalt Remove and Replace
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-100 sq.ft. $32.14 $48.20
101-250 sq.ft $13.14 $19.99
251-500 sq.ft. $7.16 $10.56
501-750 sq.ft $8.16 $10.33
751-1000 sq.ft. $6.40 $8.45
1001-1500 sq.ft. $4.60 $5.69
Mobilization / Demobilization $950.00 $1700.00
Crackfill - No Routing Category 2 or 3
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-25pound $180.00 $200.00
26-100pound $45.00 $50.00
101-200pound $22.50 $25.00

SERIAL 210166-S
CACTUS TRANSPORT INC DBA: CACTUS ASPHALT
201-300pound $15.00 $16.67
301-400pound $11.25 $12.50
401-500pound $9.00 $10.00
Mobilization / Demobilization $200.00 $400.00
Asphalt Emulsion Seal Coat
(Second Coat) (Second Coat) -
Inside 25 Outside 25 - Inside 25 mi. Outside 25 mi.
Title mi. Radius mi. Radius Radius Radius
1-2500 sq. yd. $1.95 $2.06 $1.95 $2.06
2500-5001 sq. yd. $0.96 $1.00 $0.96 $1.00
5001-7500 sq. yd. $0.74 $0.76 $0.74 $0.76
7501-10000 sq.yd. $0.62 $0.64 $0.67 $0.69
10001-15000 sq. yd. $0.60 $0.62 $0.67 $0.61
15001-20000 sq. yd. $0.57 $0.65 $0.59 $0.66
20001-25000 sq. yd. $0.53 $0.57 $0.55 $0.59
25001-50000 sq. yd. $0.56 $0.58 $0.60 $0.60
50001-100000 sq. yd. $0.61 $0.61 $0.61 $0.61
Mobilization / Demobilization $500.00 $1000.00 $500.00 $1000.00
Asphalt Paving 2" - No Fabric
Title Inside 25 mi. Radius Outside 25 mi. Radius
1 - 2000 sq. ft $3.17 $3.42
2001 - 3000 sq. ft $2.44 $2.59
3001 - 4000 sq. ft $2.07 $2.18
4001 - 5000 sq. ft $1.86 $1.93
5001 - 7500 sq. ft $1.75 $1.81
7501 - 10000 sq. ft $1.54 $1.75
10001 - 15000 sq. ft $1.76 $2.01
15001 - 20000 sq. ft $1.55 $1.67
Mobilization / Demobilization $1200.00 $2400.00
Mag Type II Slurry Seal Polymer Modified
Title Inside 25 mi. Radius Outside 25 mi. Radius
1 - 500sy $16.79 $18.39
501 - 1000sy $15.50 $17.08
1001 - 1500sy $10.33 $11.82
1501 - 2000sy $7.75 $10.51
2001 - 2500sy $6.51 $7.88
2501 - 5000sy $5.21 $6.57
5001 - 7500sy $4.88 $5.91
Mobilization / Demobilization $4000.00 $14000.00

SERIAL 210166-S
CACTUS TRANSPORT INC DBA: CACTUS ASPHALT
Labor Rates
Title Unit Price Qty UofM
Labor - General work $48.00 1 hour
Labor - Standby time $48.00 1 hour
Labor - Outside of scope of this contract $48.00 1 hour
Asphalt materials, requested outside the above pricing, cost plus %
Title Unit Price Qty UofM
Asphalt materials requested outside the above pricing cost plus 8.00% 1 each
Curbing
Title Unit Price Qty UofM
Curbing Vertical $45.50 1 linear feet
Curbing-Ribbon $47.50 1 linear feet
Curbing-Flat $48.00 1 linear feet
Curbing-Others not mentioned $55.00 1 linear feet
Pavement Markings
Title Unit Price Qty UofM
Pavement Markings-Yellow or White Striping x 4" $0.60 1 linear feet
Pavement Marking Symbols-Such as Arrows & Handicapped $50.00 1 each
PRICING SHEET: NIGP CODE 91394
Terms: NET 30
Vendor Number: VC0000007271
Certificates of Insurance Required
Contract Period: To cover the period ending May 31, 2023.

SERIAL 210166-S
SUNLAND ASPHALT, 775 W ELWOOD ST, PHOENIX, AZ 85041
COMPANY NAME: Sunland Asphalt & Construction, LLC
DOING BUSINESS AS (dba): Sunland Asphalt & Construction, LLC
MAILING ADDRESS: 1625 E. Northern Ave.
REMIT TO ADDRESS: Nate Gorrocino
TELEPHONE NUMBER: 4802942644
FAX NUMBER: 1625 E. Northern Ave.
WWW ADDRESS: www.sunlandasphalt.com
REPRESENTATIVE NAME: Nate Gorrocino
REPRESENTATIVE TELEPHONE NUMBER: 4802942644
REPRESENTATIVE EMAIL ADDRESS ngorrocino@sunlandasphalt.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
Asphalt Surface Patch
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-100 sq.ft. $7.00 $7.25
101-250 sq.ft $7.00 $7.25
251-500 sq.ft. $3.20 $3.40
501-750 sq.ft $3.00 $3.25
751-1000 sq.ft. $2.95 $3.15
1001-1500 sq.ft. $2.85 $3.10
Mobilization / Demobilization $700.00 $1400.00
Asphalt Remove and Replace
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-100 sq.ft. $8.90 $9.40
101-200 sq. ft. $8.90 $9.40
201-300 sq. ft $8.90 $9.40
301-400 sq.ft. $5.10 $5.65
401-600 sq. ft $5.10 $5.65
601-800 sq. ft. $4.90 $5.40
801-1000 sq. ft. $3.90 $4.40
1001-1500 sq. ft. $3.90 $4.40
1501-2000 sq. ft. $3.75 $4.40
Mobilization / Demobilization $700.00 $1400.00

SERIAL 210166-S
SUNLAND ASPHALT
Crackfill - No Routing Category 2 or 3
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-25pound $35.00 $35.00
26-100pound $25.00 $25.00
101-200pound $4.00 $4.00
201-300pound $3.00 $3.00
301-400pound $3.00 $3.00
401-500pound $2.00 $2.00
Mobilization / Demobilization $700.00 $1200.00
Asphalt Paving 2" - No Fabric
Title Inside 25 mi. Radius Outside 25 mi. Radius
1 - 2000 sq. ft $1.75 $2.10
2001 - 3000 sq. ft $1.75 $2.10
3001 - 4000 sq. ft $1.75 $2.10
4001 - 5000 sq. ft $1.75 $2.10
5001 - 7500 sq. ft $1.75 $2.10
7501 - 10000 sq. ft $1.45 $1.70
10001 - 15000 sq. ft $1.45 $1.70
15001 - 20000 sq. ft $1.40 $1.65
Mobilization / Demobilization $1500.00 $5000.00
Mag Type II Slurry Seal Polymer Modified
Title Inside 25 mi. Radius Outside 25 mi. Radius
1 - 500sy $8.50 $12.00
501 - 1000sy $6.00 $10.00
1001 - 1500sy $4.50 $6.50
1501 - 2000sy $4.00 $6.00
2001 - 2500sy $3.00 $5.00
2501 - 5000sy $3.00 $4.00
5001 - 7500sy $3.00 $3.25
Mobilization / Demobilization $1500.00 $2500.00
Labor Rates
Title Unit Price Qty UofM Total Price
Labor - General work $75.00 1 hour $75.00
Labor - Standby time $75.00 1 hour $75.00
Labor - Outside of scope of this contract $75.00 1 hour $75.00
Asphalt materials, requested outside the above pricing, cost plus %
Title Unit Price Qty UofM
Asphalt materials requested outside the above pricing cost plus 15.00% 1 each

SERIAL 210166-S
SUNLAND ASPHALT
Curbing
Title Unit Price Qty UofM
Curbing Vertical $50.00 1 linear feet
Curbing-Ribbon $50.00 1 linear feet
Curbing-Flat $50.00 1 linear feet
Curbing-Others not mentioned $60.00 1 linear feet
Pavement Markings
Title Unit Price Qty UofM
Pavement Markings-Yellow or White Striping x 4" $0.50 1 linear feet
Pavement Marking Symbols-Such as Arrows & Handicapped $75.00 1 each
PRICING SHEET: NIGP CODE 91394
Terms: NET 30
Vendor Number: VC0000007434
Certificates of Insurance Required
Contract Period: To cover the period ending May 31, 2023.

SERIAL 210166-S
WEEMS ASPHALT, 535 N 51ST AVENUE #200, PHOENIX, AZ 85043
COMPANY NAME: Weems Asphalt, LLC
DOING BUSINESS AS (dba): Weems Asphalt, LLC
MAILING ADDRESS: 535 North 51st Avenue Ste. 200
REMIT TO ADDRESS:
TELEPHONE NUMBER: 16026790015
FAX NUMBER:
WWW ADDRESS: www.weemsasphalt.com
REPRESENTATIVE NAME: Craig Weems
REPRESENTATIVE TELEPHONE NUMBER: 6026790015
REPRESENTATIVE EMAIL ADDRESS craigw@weemsasphalt.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
NET 30 DAYS
Asphalt Surface Patch
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-100 sq.ft. $18.00 $18.00
101-250 sq.ft $9.75 $9.75
251-500 sq.ft. $5.50 $5.50
501-750 sq.ft $4.50 $4.50
751-1000 sq.ft. $3.75 $3.75
1001-1500 sq.ft. $3.50 $3.50
Mobilization / Demobilization $875.00 $975.00
Asphalt Remove and Replace
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-100 sq.ft. $34.00 $34.00
101-200 sq. ft. $17.50 $17.50
201-300 sq. ft $15.50 $15.50
301-400 sq.ft. $12.50 $12.50
401-600 sq. ft $11.00 $11.00
601-800 sq. ft. $10.00 $10.00
801-1000 sq. ft. $8.50 $8.50
1001-1500 sq. ft. $7.50 $7.50
1501-2000 sq. ft. $6.50 $6.50
Mobilization / Demobilization $1250.00 $1400.00

SERIAL 210166-S
WEEMS ASPHALT
Crackfill - No Routing Category 2 or 3
Title Inside 25 mi. Radius Outside 25 mi. Radius
1-25pound $12.00 $12.00
26-100pound $8.00 $8.00
101-200pound $6.25 $6.25
201-300pound $4.50 $4.50
301-400pound $4.00 $4.00
401-500pound $3.75 $3.75
Mobilization / Demobilization $700.00 $800.00
Asphalt Emulsion Seal Coat
(Second Coat) - (Second Coat)
Inside 25 Outside 25 Inside 25 mi. - Outside 25
Title mi. Radius mi. Radius Radius mi. Radius
1-2500 sq. yd. $0.81 $0.81 $0.27 $0.27
2500-5001 sq. yd. $0.81 $0.81 $0.23 $0.23
5001-7500 sq. yd. $0.81 $0.81 $0.18 $0.18
7501-10000 sq.yd. $0.81 $0.81 $0.16 $0.16
10001-15000 sq. yd. $0.78 $0.78 $0.15 $0.15
15001-20000 sq. yd. $0.78 $0.78 $0.14 $0.14
20001-25000 sq. yd. $0.77 $0.77 $0.14 $0.14
25001-50000 sq. yd. $0.74 $0.74 $0.13 $0.13
50001-100000 sq. yd. $0.72 $0.72 $0.10 $0.10
Mobilization / Demobilization $850.00 $950.00 $850.00 $950.00
Asphalt Paving 2" - No Fabric
Title Inside 25 mi. Radius Outside 25 mi. Radius
1 - 2000 sq. ft $3.50 $3.50
2001 - 3000 sq. ft $2.30 $2.30
3001 - 4000 sq. ft $2.20 $2.20
4001 - 5000 sq. ft $2.10 $2.10
5001 - 7500 sq. ft $2.00 $2.00
7501 - 10000 sq. ft $1.95 $1.95
10001 - 15000 sq. ft $1.85 $1.85
15001 - 20000 sq. ft $1.80 $1.80
Mobilization / Demobilization $1250.00 $1350.00
Mag Type II Slurry Seal Polymer Modified
Inside 25 Outside 25
Title mi. Radius mi. Radius Bidder Notes
We propose Liquid Road Sealer.
1 - 500sy $3.50 $3.50 Specifications attached
501 - 1000sy $3.25 $3.25 Liquid Road Alternate
1001 - 1500sy $2.97 $2.97 Liquid Road Alternate

SERIAL 210166-S
WEEMS ASPHALT
1501 - 2000sy $2.88 $2.88 Liquid Road Alternate
2001 - 2500sy $2.79 $2.79 Liquid Road Alternate
2501 - 5000sy $2.70 $2.70 Liquid Road Alternate
5001 - 7500sy $2.61 $2.61 Liquid Road Alternate
Mobilization / Demobilization $900.00 $1000.00 Liquid Road Alternate
Labor Rates
Title Unit Price Qty UofM
Labor - General work $60.00 1 hour
Labor - Standby time $60.00 1 hour
Labor - Outside of scope of this contract $60.00 1 hour
Asphalt materials, requested outside the above pricing, cost plus %
Unit
Title Price Qty UofM
Asphalt materials requested outside the above pricing cost
plus 15.00% 1 each
Curbing
Title Unit Price Qty UofM
Curbing Vertical $40.00 1 linear feet
Curbing-Ribbon $40.00 1 linear feet
Curbing-Flat $40.00 1 linear feet
Curbing-Others not mentioned $40.00 1 linear feet
Pavement Markings
Title Unit Price Qty UofM
Pavement Markings-Yellow or White Striping x 4" $0.45 1 linear feet
Pavement Marking Symbols-Such as Arrows &
Handicapped $65.00 1 each
PRICING SHEET: NIGP CODE 91394
Terms: NET 30
Vendor Number: VS0000005831
Certificates of Insurance Required
Contract Period: To cover the period ending May 31, 2023.

SERIAL 210166-S
PAVING, RESURFACING, AND RELATED WORK IN ALLEYS AND PARKING LOTS
1.0 INTENT
1.1 The intent of this Invitation for Bids is to establish a list of qualified contractors to perform
asphalt repairs, patching, resurfacing, removal and replacement, seal coating, crack filling,
milling, curbing and pavement markings for various parking lots and/or related work.
This contract is not to be utilized for public roadways, intersections, turn lanes, road widening
or extensions.
1.2 Contractor shall provide all parts, labor, materials, equipment, tools, and transportation
required to perform these services.
1.3 County’s existing contract, Serial #16112-S for previous contract will be terminated upon
award of this contract.
1.4 Respondents to this solicitation shall identify a firm, fixed cost rate for fully burdened hourly
rates for work within the scope of this contract as indicated in Attachment D - Pricing.
Respondents will also respond with an hourly rate for work outside the scope of this contract.
1.5 All work will be completed as Time & Material (T&M) work, non-project work, or project work.
T&M and project work thresholds will apply as outlined in the scope of this contract. If the
contract is awarded to a single vendor, all work priced below the T&M threshold may be
performed as T&M work as negotiated with the County, in which case project work language
will be removed at the time of contract award. Contract award to multiple contractors will
result in a task order to bid via Periscope for T&M work.
1.6 Contractor’s primary point of contact for work performed will be the Facilities Management
Department (FMD). Other County departments may use this contract, however FMD is not
responsible for payments for work performed under the direction of other County
departments.
1.7 Other governmental entities under agreement with Maricopa County (County) may have
access to services provided hereunder (see also Sections 3.24 and 3.25 below).
1.8 The County reserves the right to add additional contractors, at the County’s sole discretion,
in cases where the currently listed contractors are of an insufficient number or skill-set to
satisfy the County’s needs or to ensure adequate competition on any project or task order
work.
1.9 County reserves the right to award this contract to multiple vendors. The County reserves
the right to award in whole or in part, by item or group of items, by section or geographic
area, or make multiple awards, where such action serves the County’s best interest.
2.0 SCOPE OF SERVICES
2.1 All materials shall conform with the MCDOT 2021 Supplement to the Maricopa Association
of Governments’(MAG) Uniform Standard Specifications and Details for Public Works
Construction. (MAG Standard)
2.2 The scope of services of this solicitation includes, but is not limited to all materials, labor,
supervision, equipment, transportation, and all effort necessary to perform asphalt surface
patching, asphalt removal, and replacement or paving, and asphalt concrete surface
sealing in accordance with the specifications herein.

SERIAL 210166-S
2.2.1 Asphalt Surface Patching: For asphalt pavement patching if the asphalt
thickness is less than one inch (but should be at least ½” for milled and inlay
area), MAG 710 3/8” Marshall mix for low traffic shall be used.
2.2.2 Asphalt Removal, Replacement or Paving: For pavement of 2” to 3” thick, MAG
710 ½” Marshall mix for low traffic shall be used. This mix and pavement
structure is more suitable for parking lot for cars, pickup trucks, and very light
trailers.
2.2.3 Asphalt Removal, Replacement or Paving: If a lot will primarily accommodate
large, bus sized trailers, the pavement should be 4” thick. The pavement
structure shall be 1.5” of ½” Marshall high volume mix on top of 2.5” of ¾”
Marshall high volume mix. Thickness of AB is 4” to 8” depending on type of sub-
grade soil.
2.2.4 Asphaltic Concrete Surface Sealing: (Sealcoat) product used shall be in
accordance with specification as stated in MAG 334 material conformance
section MAG 718 or equivalent, such as rubberized sealcoat (MTR) or Optipave.
Regular asphalt emulsion such as SS1h or CSS1h is generally too light, and
slurry seal is not very suitable for pavement that experiences a lot turning
movement.
2.2.5 MTR (rubberized sealcoat) is a clay-stabilized mineral filled asphalt emulsion
modified with terminal blended, ground whole tire rubber asphalt cement
meeting the requirements of Table 718.2 TEST METHODS AND
REQUIREMENTS.
TABLE 718- 2
ASPHALT SURFACE SEALER
Properties Method Asphalt Surface Sealer
No separation, coagulation, or
Uniformity ASTM D2939
settlement that cannot be overcome by
moderate stirring
Wet Film Continuity ASTM D2939 Uniform homogenous consistency
Density @ 25C (77F) [lbs./gal] ASTM D2939 Min 1.0 [9] Max 1.5 [12]
Water Content, % ASTM D95 70% max
Ash content of residue, % ASTM D2939 10% min 70% max
Drying time, firm set, hours ASTM D2939 8 hours max
Resistance to heat ASTM D2939 No blistering, sagging, or slipping
No loss of adhesion and no blistering
Resistance to water ASTM D2939
or tendency to re- emulsify
Flexibility ASTM D2939 No flaking, cracking, or loss of
adhesion to the substrate
Residue by Evaporation ASTM D2939 30% min
Tests on Base Asphalt
Used in Preservative Seal Method Asphalt Surface Sealer
Prior to Emulsification
Flash Point (degrees F) ASTM D92 450° F
Softening Point (degrees F) ASTM D36 140° F min
2.2.6 Asphalt used must comply with Arizona Department of Transportation.
2.2.7 Safety Data Sheets (SDS) shall be provided as part of the bid package.
2.2.8 Mag Type II Slurry Seal: (Polymer Modified)

SERIAL 210166-S
2.3 CRACK SEALING
2.3.1 Description - This work consists of furnishing and placing sealant material in
contractor prepared cracks and joints of asphalt concrete or Portland cement
concrete pavements. All cracks and joints, including the space between asphalt
concrete pavement and the curb and gutter, which have a clear opening of one-
quarter inch (¼”) or greater, shall be sealed for the length of the crack that equals
or exceeds one-eighth inch (⅛”) in width.
2.3.2 The contractor shall notify the engineer when cracks are encountered that have an
opening greater than one- and one-half inches. The engineer shall specify the
treatment requirements of crack filling for category two and category three crack
openings greater than one- and one-half inches. See Exhibit 5 – Uniform Standard
Specifications And Details For Public Works Construction, 2021 Revision To The
2020 Edition sections MAG 337 and MAG 718 specifications.
2.3.3 Materials
Sealant materials shall be a premixed, single component mixture of asphalt
cement, aromatic extender oils, polymers, and granulized rubber in a closely
controlled manufacturing process. Materials shall conform to the following
specifications when heated in accordance with ASTM D5078 and the
manufacturer’s maximum safe heating temperature.
2.3.4 Test Requirement per MAG Standard s, see Exhibit 5 – Uniform Standard
Specifications And Details For Public Works Construction, 2021 Revision To The
2020 Edition
TEST REQUIREMENT
Cone Penetration (ASTM D5329) 20-40
Resilience (ASTM D5329) 30% Minimum
Softening Point (ASTM D113) 210°F (99°C) Minimum
Ductility, 77°F (25°C) (ASTM D113) 30 cm Minimum
Flexibility (ASTM D3111 *Modified) Pass at 30°F (-1°C)
Flow 140°F (60°C) (ASTM D5329) 3 mm Maximum
Brookfield Viscosity 380°F (193°C) (ASTM 90 Poise Maximum
D2669)
Asphalt Compatibility (ASTM D5329) Pass
Bitumen Content (ASTM D4) 60% Minimum
Tensile Adhesion (ASTM D5329) 400% Minimum
Maximum Heating Temperature 400°F (204°C)
Minimum Heating Temperature 380°F (193°C)
Flash Point (ASTM D92) 450°F Minimum
*Specimen bent 90° over a 1-inch mandrel within 10 seconds.
2.3.5 Certification and Quality Assurance
Prior to application, the contractor shall submit certification of compliance to the
engineer for all materials to be used in the work.
2.3.6 Cleaning and Preparing Cracks or Joints: Immediately prior to application of
sealant, all cracks and joints shall be cleaned of debris and dust. Cracks and joints
shall be vacuumed during final cleaning. As per current MAG Standard.
2.3.6.1 Routing: Routing, when specified, shall create a sealant reservoir.
Routing should remove at least ⅛” from each side and produce vertical,

SERIAL 210166-S
intact surfaces with no loosely bonded aggregate. Routing of joints and
cracks shall produce a reservoir having a nominal size of ¾” wide x ¾”
deep. Variations from the nominal size are subject to acceptance or
rejection at the engineer‘s discretion.
2.3.6.2 Vacuuming: Final cleaning shall thoroughly clean cracks and joints to a
minimum depth of 1”. The vacuum unit shall use high pressure 90 psi
minimum, dry oil free compressed air to remove remaining dust. The
high-pressure tool shall be integral with a vacuum unit to collect the dust
and residue. Both sides of the crack or joint shall be cleaned. Surfaces
will be inspected to assure adequate cleanliness and dryness.
2.3.7 APPLICATION
2.3.7.1 Weather: In no case shall sealant be placed during damp roadway
conditions such as wet roadway surfaces or damp material inside the
cracks. Operations stopped by the engineer, due to weather, shall be at
no additional cost to the contracting agency. If installing at night, ensure
that dew is not forming on the pavement surface. Sealant material shall
only be applied when pavement temperature exceeds 40°F (4°C). If
pavement temperature is lower than 40°F (4°C), it may be warmed using
a heat lance that puts no direct flame on the pavement.
2.3.7.2 Temperature: Sealant temperatures should be maintained at the
maximum heating temperature recommended by the manufacture.
2.3.7.3 Equipment: The melter applicator unit shall be a self-contained double
boiler device with the transmittal of heat through heat transfer oil. It must
be equipped with an on-board automatic heat controlling device to
permit the attainment of a predetermined temperature, and then
maintain that temperature as long as required. The unit shall also have
a means to vigorously and continuously agitate the sealant to meet the
requirements of Appendix X1.1 of ATSM D6690. The sealant shall be
applied to the pavement under pressure supplied by a gear pump with
a hose and wand and direct connecting applicator tip. The pump shall
have sufficient pressure to apply designated sealant at a rate of at least
three gallons (11.4 L) per minute. Melter applicators shall be approved
for use by the sealant manufacturer.
2.3.7.4 Placement of Sealant: The sealant shall be applied in cracks, joints, and
sealant reservoirs uniformly from bottom to top and shall be filled without
formation of entrapped air or voids. Cracks and joints shall be slightly
overfilled then leveled with a 3” sealing disk or V-shaped squeegee to
create a neat band extending approximately 1” on each side of the crack
or joint for surface waterproofing. The band shall be as thin as possible
and shall not extend more than ⅛ inch above the pavement surface.
2.3.7.5 If the pavement is to be overlaid with Hot Mix Asphalt within six months
of sealant application, cracks shall be routed, and sealant placement
shall be recessed ¼” in the crack or joint reservoir with no over band. If
routing is not used, the sealant over band thickness and width should be
kept as narrow and thin as possible. During and after placement of the
sealant, the contractor shall protect against harm to persons or animals
that may be exposed to the hot material.

SERIAL 210166-S
2.3.8 OPENING TO TRAFFIC
2.3.8.1 Sealant material shall not be exposed to traffic until fully cured. If the
sealed area must be open to traffic, blotter material shall be applied to
the surface of all uncured sealant material. All sealed cracks that have
an average clear opening of 1½ inches or greater shall have blotter
material applied prior to opening to traffic.
2.3.8.2 Blotter: Where traffic may come in contact with the hot sealant before it
cures, a blotter or specialized bond breaking material shall be used to
prevent asphalt bleeding and/or pickup of sealant by vehicular traffic.
Blotter material shall be compatible with the crack sealant and any
surface treatment being used.
2.3.9 UNACCEPTABLE WORK
The contractor, at no additional cost to the contracting agency, shall correct
unacceptable work. Unacceptable work shall include, but not be limited to,
unsealed cracks, material wastage on the sides of the roadway, and excess
quantities of material on the roadway that adversely affects driving. Correction of
unacceptable work shall be accomplished within five working days after notification
from the engineer of the unacceptable work. The contractor shall not progress to
a new area until the unacceptable work is corrected to the satisfaction of the
engineer.
2.3.10 REPORTING REQUIREMENTS
The contractor shall meet with the engineer or the engineer’s designated
representative on a daily basis and supply a signed daily report indicating the
amount of crack sealant material applied for the day in total pounds and total
square yards of pavement sealed. In addition, the contractor shall supply the
engineer with the dates of completion of each project.
2.3.11 MEASUREMENT
Accepted pavement crack sealing shall be measured as indicated in the fee
proposal by one of the following methods: square yards of pavement surface area
sealed, pounds of sealant placed, or linear feet of cracks sealed.
2.3.12 PAYMENT
Payment for pavement crack sealing at the contract unit price shall be full
compensation for all labor, materials, equipment, tools, and incidentals used for
surface preparation, placement of crack sealant and blotter materials, and cleanup.
2.4 SURFACE PREPARATION
2.4.1 Prior to MTR or any other Surface Sealant: Immediately before applying the
bituminous material, the area to be surfaced shall be cleaned of dirt and other
objectionable material. The surface shall be cleaned with a self-propelled pickup
sweeper. When necessary, cleaning of the existing pavement surface shall be
supplemented by hand brooms or other methods, to assure a good bond between
the surface treatment and the pavement surface. Pick up brooms alone may not
be adequate to thoroughly clean the surface. If water is used, the pavement shall
be dry before applying the asphalt binder. The contractor shall conduct all
sweeping operations in the same direction as traffic flow.

SERIAL 210166-S
The contractor shall take all steps, procedures, and means to prevent dust
pollution due to his construction practices in connection with this work. Dust
prevention measures shall be maintained at all times during construction of the
project, in accordance with Maricopa County Air Pollution Control Regulations.
2.4.2 Prior to Crack Sealing: In no case shall sealant be placed during damp roadway
conditions that exist such as wet roadway surfaces or damp material inside the
cracks. Operations stopped by the County Project Manager, due to weather, shall
be at no additional cost to the County.
Immediately prior to applying the sealant, cracks shall be thoroughly cleaned of
loose particles, grass, grass roots, weeds, dust, and other deleterious substances
by means of high velocity compressed air or by other methods. Compressed air or
other methods sufficient to clean the cracks properly. Additional handwork may be
required.
The compressor used shall be capable of a sustained pressure of 90 psi. The crack
cleaning equipment shall be capable of cleaning cracks to a minimum depth of 1/2
inch. The equipment shall also be capable of dust containment by filtering
particulate matter 10 micrometers or less in diameter in accordance with Maricopa
County Air Pollution Control Regulations.
During the cleaning of cracks, the contractor shall protect against damage to items
such as, but not limited to, cars, people, driveways, walkways, or landscape
materials in the work area. During and after placement of the sealant, the
contractor shall protect against harm to persons or animals that may be exposed
to the hot material.
2.5 PAVEMENT MARKINGS
FMD minimum requirement for striping as follows: New asphalt - two coats of paint 15mil
total thickness. Restripe - 15mil one coat paint. Standard traffic paint same as what would
be used on the streets is used no glass beads required unless street striping within a
parking lot. Pricing to be directly entered in Periscope as a line item. Refer to Exhibit 5 -
2021 MAG Standard Specifications. website: MCDOT-2021-Supplement-to-the--MAG-
Specifications (maricopa.gov)
2.6 CURBING
Installation of curbing as requested by job or using agency, pricing will be entered directly
in Periscope as a line item. Refer to Exhibit 5 - 2021 MAG Standard Specifications website:
MCDOT-2021-Supplement-to-the--MAG-Specifications (maricopa.gov)
2.7 Work outside the scope includes any work not normally performed in the scope of this
solicitation and that can be performed by the prime contractor. If a subcontractor is used,
apply mark-up as indicated in Section 3.6.1.1.
2.8 PERFORMANCE REQUIREMENTS
Contractor(s) shall coordinate all work schedules with the County before beginning any
work which requires a utility outage or outage of equipment. Outages shall be arranged
with the County in advance, if possible, and such work shall only be performed during
County-approved times. The County must be notified immediately if any equipment is
mistakenly taken out of service.

SERIAL 210166-S
2.9 SITE PREPARATION
2.9.1 If deemed part of the scope of work, contractor is to excavate and fill as necessary
to prepare the area. Excess soil generated shall be removed and disposed of by
the contractor unless directed by a County representative. Backfill material shall
meet MAG 206 and/or site-specific requirements directed by a County
representative. If additional soil is required, it shall be sourced by the contractor
and billed to the County. If quoted as a project, there shall be no additional costs
unless the work or materials is in addition the initial scope of work.
2.9.2 Contractor shall take care to avoid damage to adjacent finished materials that are
to remain. If finished materials are damaged, contractor shall repair and finish to
match existing materials as approved by the County at contractor’s expense.
2.10 AVAILABILITY OF SITE PLANS
When deemed necessary, and if possible, FMD or the County requesting agency will
furnish the contractor plans of the site.
2.11 CONTRACTOR QUALIFICATIONS
2.11.1 Contractor(s) shall be licensed to perform all work contemplated in this contract
and shall have a minimum of five years of experience performing the work listed in
the Scope of Services. Proof of such must accompany the bid packet.
2.11.2 The contractor shall have a minimum of three years’ experience in milling of
asphalt concrete. Proof of such must accompany bid package. Not all work in the
County parking lots may require milling. The contractor and the County department
shall determine milling of asphalt concrete.
2.11.2.1 Milling may be subcontracted providing the prime contractor notifies the
County as to whom the sub-contractor will be (See § 4.19).
2.11.3 Contractor shall have a current State of Arizona Registrar of Contractors license
for asphalt paving A-14 or A-General. Copy must accompany bid package.
2.11.4 Contractor(s) shall comply with all other requirements listed in the Scope of
Services.
2.12 ENGLISH SPEAKING REQUIREMENT
There shall be at least one person or more, on each shift on site, who can speak, read and
write English. Most tasks may require only the job supervisor, crew leader, or crew member
to speak, read, and write English. This requirement is necessary due to the following
reasons, which include but are not limited to:
(a) Warnings of emergencies and hazards.
(b) Communication with Maricopa County personnel and tenants.
2.13 CONTRACTOR REQUIREMENTS
The following requirements may not apply in every instance. For example. If there is no
product shipping, shipping terms and conditions do not apply.
2.13.1 Contractor shall submit evidence of ability to provide and maintain, during the
entire period of this contract, all labor, supervision, materials, tools, and equipment
sufficient in number, condition, and capacity to efficiently perform the work and
render the services required by this contract. Contractor shall provide evidence of

SERIAL 210166-S
appropriate labor and supervision by listing personnel and their qualifications in
Attachment E – Personnel Qualifications, which shall accompany the bid packet
and shall be maintained throughout the contract. Contractor shall provide evidence
of their ability to furnish equipment and personnel by providing, with their bid
packet, a listing of major tools, vehicles, equipment using Attachment F –
Equipment Listing.
2.13.2 Contractor shall be responsible for obtaining and transporting equipment to and
from the job site. In this regard, the contractor shall:
2.13.2.1 Ensure that its employees that are assigned to perform the work carry
their own tools of the trade or are provided with tools normally carried by
the trade on the job site. “Tools of the trade” are generally considered to
be vehicles, tools, and equipment (e.g. hand tools, power tools, pickup
trucks, vans, ladders, scaffolding, etc.) that are normally used in the
course and scope of the contractor’s business and that should be a part
of a qualified contractor’s inventory. Costs related to the acquisition, use,
or maintenance of tools of the trade should be included as a part of the
contractor’s fully‐burdened hourly labor rates and are not, under any
circumstances, to be separately or directly billed to County under this
contract.
2.13.2.2 Arrange for lease or rental of any special tools and equipment needed
to perform the work. “Special tools and equipment” are considered to be
tools and equipment (e.g. cranes, towed air compressors, dumpsters
with associated tipping fees, etc.) that are not typically maintained in a
contractor’s inventory, but that are leased or rented when needed for a
specific project/job. Charges for lease or rental of special tools and
equipment with associated mark‐up may be directly billed to County
provided that the contractor clearly identifies these items in advance as
a part of their proposal to perform the work. Charges for lease or rental
of special tools and equipment with associated mark‐up that have not
been identified in advance as a part the contractor’s proposal to perform
the work may not, under any circumstances, be separately or directly
billed to County under this contract.
2.13.2.3 Ensure that all vehicles, tools, and equipment are appropriately
licensed, as applicable, are in good operating condition, capable of
rendering efficient, economical, and continuous service, and are
equipped with necessary and required safety devices in accordance with
State and Federal laws. While the County reserves the right to inspect
any equipment for compliance with these requirements regarding
condition, this does not relieve the contractor of the obligation to furnish
conforming equipment. If any equipment is found to be deficient or
non‐conforming, the County shall so notify the contractor who shall
immediately take action to place the equipment in good operating
condition at his own expense. If the contractor does not take corrective
action within a reasonable time, the County may require the immediate
removal and replacement of the deficient equipment at the contractor’s
expense.
2.13.3 The contractor’s service truck fleet and/or warehouse shall carry sufficient supply
of repair parts and equipment to perform services per scope of work presented.
2.13.4 The contractor shall perform the work in such a way as to minimize disruption to
the normal operation of the County site and building occupants.

SERIAL 210166-S
2.13.5 Upon completion of work, the contractor shall clean and remove from the job site
all disturbances (e.g. loose dirt, dislocated gravel, removed vegetation, footprints,
old asphalt/concrete, etc.), debris, materials, and equipment associated with the
work performed. County property shall be restored to the same condition as prior
to start of the job.
2.13.5.1 If, upon County inspection, it is found that the contractor failed to
adequately clean up the site (meaning to the County’s satisfaction) after
work has been performed, the County will notify the contractor and the
contractor will have 24 hours to clean. Should the contractor fail to clean
a site to the County’s satisfaction, the County reserves the right to make
other arrangements to have the area cleaned, and the cost of such work
shall be offset from any monies due the contractor. Costs of such work
that exceed the amount of monies due the contractor shall be the
responsibility of the contractor and shall billed to the contractor.
2.13.6 The contractor shall perform all services in such a manner that County property is
not damaged.
2.13.6.1 In the event damage occurs to Maricopa County property or any
adjacent property due to any services performed under this contract, the
contractor shall immediately notify the County representative about the
damages and shall replace or repair the same at no cost to the County
within 48 hours of notifying the County, or by a deadline approved by the
County.
2.13.6.2 If damage caused by the contractor has to be repaired or replaced by
the County, the cost of such work shall be deducted from the monies
due the contractor. Costs of such work that exceed the amount of
monies due the contractor shall be the responsibility of the contractor
and shall billed to the contractor.
2.13.7 The contractor shall utilize only experienced, responsible, and capable people in
the performance of the work. The County may require that the contractor remove
from the job covered by this contract, any employee who endangers persons or
property or whose continued employment under this contract is inconsistent with
the interest of Maricopa County.
2.13.8 Contractor(s) must have a business facility within 50 miles of 401 W. Jefferson
Street, Phoenix, AZ 85003.
2.13.9 The County may inspect contractor facilities prior to award and reserves the right
to make award based on the condition and quality of contractor facilities and
equipment.
2.13.10 Contractors bidding on this solicitation may visit worksites to determine conditions
that would affect prices and work performance. As some sites do have internal
restrictions, it may be necessary for a site visit to be scheduled.
2.13.11 To avoid the potential transmission of COVID-19 in any County-owned or -leased
facilities, prior to entering, or when on any Maricopa County facility, property,
building, or structure, all site-visit attendees and contractors are required to wear
(at all times) a face mask/face covering. Attendees who do not adhere to this will
not be permitted to visit the site or enter Maricopa County facilities, properties,
buildings, or structures. Maricopa County is not responsible for providing face
masks or face coverings.

SERIAL 210166-S
2.13.12 All vehicles used by contractor, including personal transportation vehicles, shall be
clearly identified with the name of the company on each side of the vehicle. The
letters shall be of such size that they are distinguishable at a reasonable distance.
2.13.13 All employees of the contractor shall wear a company uniform identified with the
company name/logo and consisting of a minimum of one of the following:
 Shirt/blouse
 Vest
 Cap
2.13.14 Only authorized employees of the contractor are allowed on Maricopa County work
sites. Contractor’s employees are NOT to be accompanied in their work area by
acquaintances, family members, assistants, or any other person unless said
person is an authorized employee of the contractor.
2.13.15 All work must comply with Environmental Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and any state, County, or local
regulations in effect at each service location. Contractor shall adhere to all
regulations, rules, ordinances, and standards set by Federal, state, County, and
municipal governments pertaining to safety on the job site. If the contractor is found
not to be in compliance with Federal, state, County, and/or municipal safety rules,
ordinances, policy, procedure, or codes, the County may, in accordance with the
“Suspension of Work” clause of the contract, suspend the work without cost to the
County until such non-compliant issues are rectified to the satisfaction of the using
agency. Continued non-compliance may result in termination of the contract.
2.13.16 County may conduct audits and performance reviews throughout the term of a
contract to ensure contract compliance by the contractor.
2.14 HOURS OF SERVICE
2.14.1 Contractor shall provide telephone access 24 hours per day, 7 days per week
(24/7), 365 days per year, and respond to a call for services within 30 minutes of
receipt of a service request received via phone or email.
2.14.2 Services shall be available 24/7, 365 days per year.
2.14.3 Contractor shall respond on-site to begin work within four hours of receipt of a
service request unless arrangements have been made for a later date/time with
the County per the work order or notice to proceed.
2.14.4 The four-hour response time for non-emergency calls shall carry over to the next
working day if called into contractor’s office after 2:00 p.m. MST. The contractor
will be required to begin work by 8:00 a.m. MST the following day.
2.14.5 Contractors shall respond to emergency service requests immediately and report
on-site to begin work within two hours of an emergency service call request
regardless of the day/time of day, weekend, or holiday.
2.14.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m., MST,
Monday through Friday, excluding County holidays.
2.14.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m.,
MST, Monday through Friday.
2.14.5.3 Weekends are anytime on a Saturday or a Sunday.

SERIAL 210166-S
2.14.5.4 Holidays are County holidays.
2.14.5.5 The Facilities Management Parts Warehouse is open for deliveries
between the hours of 7:00 a.m. to 3:00 p.m. MST, weekdays, except for
County holidays.
2.14.5.6 Due to the nature of work in public buildings, FMD will dictate during
what service hours the contractor shall provide services.
3.0 PURCHASING REQUIREMENTS
3.1 DELIVERY REQUIREMENTS (if applicable)
3.1.1 Delivery shall be made to the County no later than 3:00 p.m. MST before the 5th
calendar day after order is received unless prior arrangements have been made
and approved in writing by the County.
3.1.2 Delivery shall be F.O.B. Destination Freight Prepaid.
3.1.3 Exceptions to the delivery schedule will be special-order items that must be
identified by the contractor to the County and approved in writing by the County.
3.1.4 Maricopa County reserves the right to obtain material on the open market in the
event vendors fail to make delivery of materials and charge any price differential
to the vendor.
3.1.5 Delivery will be made to the following address during the receiving hours of
7:00 a.m. - 3:00 p.m. MST during normal County business days:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-2501
Warehouse Specialist: 602-506-1935
3.2 SHIPPING TERMS (if applicable)
3.2.1 Standard shipping of goods shall arrive within five business days of order
placement, F.O.B. Destination Freight Prepaid, by the most economical method,
at the County’s warehouse or other such point as agreed between the contractor
and the County. All delivery locations are within Maricopa County.
3.2.2 Shipping costs totaling less than $50 should be considered in the contractor’s
mark-up as bid in response to the contract solicitation. Shipments which contain
only County goods, and which cost $50 or more may be reimbursed to the
contractor as a pass-through cost with no mark-up when provided with the invoice
back-up documentation.
3.2.3 If the County determines that expedited delivery or other alternate shipping is
required, it shall notify the contractor. The contractor shall determine any additional
costs associated with such delivery terms and communicate that cost to the County
as soon as costs are known.
3.2.4 The County shall not advise the contractor to proceed with an expedited shipment
until acceptable terms are agreed upon and a purchase order is issued. Upon
agreeing to the additional costs, the County shall advise the contractor to proceed.

SERIAL 210166-S
3.2.5 Upon receipt of material(s) and invoicing, the County shall ensure that any
additional charges are in compliance with, and do not exceed, agreed to costs.
The County shall retain all documents related to these costs within the agency
purchase file.
3.2.6 Contractor is responsible for shipping and handling fees related to returned items
when the items have been ordered by the contractor.
3.3 COMMENCING OF WORK
For project and non-project work, the contractor shall commence work as dictated by the
authorized County representative. The contractor shall be sent a Notice to Proceed letter
issued by the County agency. Notice to proceed shall be in writing.
3.4 DELAY TIME
Any delay time caused by the County that is not actual operating time or mobilization time
shall be paid as hourly standby time as submitted in Periscope pricing page NTE, either as
per man (hourly bid rate) or per crew (crew bid rate).
Down time or other delay time caused by equipment break down, or caused by the
Contractor, or caused by inclement weather, will not be considered for delay time payment.
3.5 SAFETY
3.5.1 The contractor shall be responsible for providing and for the placement of
barricades, tarps, plastic, flag tape, and other safety/traffic equipment required to
protect its employees, the public, surrounding areas, equipment, and vehicles. The
flow of vehicular traffic shall not be impeded at any time during this project unless
approved by Maricopa County. The safety of the contractor’s employees and the
public is of prime concern to the County, and the contractor must take all necessary
steps to assure proper safety during the performance of this agreement. If
requested by Maricopa County, the contractor must provide a work and safety plan
especially if special safety measures apply.
3.5.2 Contractor is required to adhere to all OSHA regulations, rules, policies, and
procedures that are in place during the term of this contract. The firm shall keep
fully informed of existing and future Federal, State and Local laws, ordinances, and
safety regulations, which in any manner affect the fulfillment of this contract and
shall comply with the same
3.6 BUILDING ACCESS
3.6.1 The contractor may be provided access to County facilities at the discretion of
FMD. Keys, badges, or access cards will be provided per the following guidelines:
3.6.1.1 contractor employees may sign out a set of keys (all looped on a single
key ring) upon arrival at site, and must turn in the key set at the end of
the day or after completion of duties (as arranged with the County)
unless they are issued a permanent key; or
3.6.1.2 permanent keys may be provided to contractor employees on a case-
by-case basis; or
3.6.1.3 badges or access cards may be provided to contractor employees for
access to the job site.

SERIAL 210166-S
3.6.2 Should an employee leave the contractor’s workforce, contractor shall immediately
notify the County and all keys, badges, and access cards must be returned to the
County.
3.6.3 The contractor shall notify the County within 24 hours if any keys, badges, or
access cards are lost, misplaced, stolen, or otherwise not within the contractor’s
control.
3.6.4 Once this agreement is complete, expired, or terminated, the contractor shall
immediately return all keys, badges, or access cards to the County.
3.6.5 Failure to comply with these requirements may result in the contractor being
assessed the cost of replacing keys, badges, or access cards and any associated
cost to ensure the security of County facilities including, but not limited to, re-keying
the entire building at the expense of the contractor.
3.7 TIME AND MATERIALS WORK, PROJECT WORK, OR NON-PROJECT WORK
3.7.1 Non-project work – work based on size of the job by square footage; square yards;
or pounds/ gallons – as listed in the pricing schedule
This contract may also be used by the County to order non-project paving work for
a specific project when the estimated value of the work is less than $10,000. The
determination of the contractor for non-project paving work estimated to be less
than $10,000 per project will be at the discretion of the County.
3.7.2 Time and Materials Work
3.7.2.1 Cost estimates for work, which will not constitute a firm fixed quote, may
be requested from contractors by County project managers. Work with
estimated costs below $10,000 may be performed either as T&M work
or may, at the County’s option, be bid among the contractors awarded
in the contract.
3.7.2.2 The County reserves the right to adjust the $10,000 T&M threshold if
such adjustment is deemed to be in the County’s best interest.
3.7.2.3 Regardless of value, repairs may be completed under a T&M work
designation except when it is deemed in the County’s best interest to bid
among contractors awarded in the contract.
3.7.2.4 Contractor will price T&M services at the contractor’s “most favored
customer” pricing/discounts under similar conditions (e.g. order sizes,
types, complexities, geographical regions, etc.). Contractors will provide
County with a full breakdown estimate of pricing prior to County issuance
of a work order/project number.
3.7.2.5 T&M hourly labor rates shall include all wages, indirect costs, overhead,
profit, coordination time, general and administrative expenses, and
profit. Fractional parts (15-minute intervals) of an hour shall be payable
on a prorated basis.
3.7.2.6 All T&M work shall only require the County to issue a work order/project
number to a contractor as authorization to proceed. The work
order/project numbers shall be included on the vendor invoice.
3.7.2.7 T&M repairs may take place in response to emergency calls. Contractor
must have availability for 24/7 emergency T&M response.

SERIAL 210166-S
3.7.3 Project Work
3.7.3.1 Project work shall mean work performed, which, in the best interest of
the County, would be more advantageous to be performed as "all
inclusive,” as opposed to time and materials. The contractor assigned to
this contract shall be provided a request for project quote containing a
detailed scope of work or shall meet with the County agency, discuss
what needs to be done, and present the County with a written quote.
3.7.3.2 Project work shall be work that has been planned and has estimated
costs in excess of $10,000. The County reserves the right to adjust the
$10,000 project threshold if deemed in the County’s best interest.
3.7.3.3 The submitted project price quote is to be all-inclusive. That is, any cost
overruns to be absorbed by the contractor, or cost savings to be
additional profit for the contractor. Exceptions to this are changes
requested by the County that incur higher project cost and longer delays.
All change order requests to a project must be in writing, referencing the
contract serial number, and must be approved by FMD (or County user
agency if request was made by them) prior to any authorization to
proceed. The contractor who fails to acquire approved change orders in
writing runs the risk of incurring these additional costs without payment.
3.7.3.4 The County may choose to negotiate with the contractor. The
responding contractor shall be required to submit all back-up
documentation (line item material costs, labor hours with rates, etc.) to
the FMD project manager within three business days of a request. This
documentation shall include all subcontractor documentation. If an
agreement cannot be reached between the County and the contactor,
either party may terminate the discussions and the County may seek to
re-bid and/or deliver the project through other procurement options.
3.7.3.5 Upon project completion, contractor will provide County with a closeout
package containing documents that County has identified in the in the
project bid. Requested documents may include, but are not limited to,
warranty letters, product list, operation and maintenance manuals, and
a vendor list.
3.8 TIME AND MATERIALS CONSUMABLES
Contractor(s) must provide all equipment, consumable shop supplies (rags, cleaners,
solvents, gases, etc.), miscellaneous parts (screws, bolts, nuts, small items, etc.), and tools
necessary to perform all required services. Contractor(s) may be allowed a one-time
consumable charge of up to $25 per work order to cover these types of expenses, at the
County’s discretion. Anything beyond the $25 limit shall be provided at the contractor’s own
expense.
3.9 ALLOWABLE PASS-THROUGH COSTS UNDER TIME AND MATERIALS WORK (WITH
MARK-UP)
3.9.1 Authorized costs which are not listed on the pricing page shall be paid for by the
contractor and invoiced to the County. Supporting documents for any allowable
pass-through cost shall accompany each final invoice. All pass-through supporting
documents must be itemized for labor, materials, and taxes. The following fees will
be allowed a five percent administrative mark-up:

SERIAL 210166-S
3.9.1.1 Use of subcontractors: The use of labor by subcontractors performing
any work not normally performed in the scope of asphalt removal
replacement or repaving and that may require specialized licensing
and/or certification. Prime contractor shall be responsible for ensuring
that subcontractors have all proper documentation as required by the
County. Use of subcontractors requires prior written approval from the
County.
3.9.1.2 Equipment and tool rentals for unique County requirements: Pricing will
be charged at the rate specified in the bidder response (per project or
T&M job) with NO MARK-UP. Tools or equipment rented or charged on
a per use basis by contractors while conducting County business shall
be approved by the County in advance of work being performed.
3.9.1.2.1 Operating costs for rented equipment, which include a
condition that equipment only be operated by an employee
of the rental company, are allowable at the operator rate
designated by the rental company. Rental/Operating costs
shall be paid by the contractor and invoiced to the County.
3.9.1.3 Permits: Any permits related to the performance of County work shall be
obtained by the contractor. Permit costs shall be paid by the contractor
and invoiced to the County.
3.9.1.4 Dump fees: Any dump fees incurred by the contractor related to work
performed for the County shall be paid by the contractor and invoiced to
the County.
3.10 TRIP CHARGE
3.10.1 One-time trip charges of $50 (one charge per work order) are permitted when Time
and Materials work is requested at the following sites only:
3.10.1.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon, and
Saguaro)
3.10.1.2 County offices located in Gila Bend, AZ
3.10.1.3 County offices located in Buckeye, AZ
3.10.1.4 County offices located in Aguila, AZ
3.11 ASBESTOS AND HAZARDOUS CONDITIONS ABATEMENT
3.11.1 Contractor shall notify the County immediately of any concerns regarding asbestos
or other hazardous conditions.
3.11.2 Any asbestos or other hazardous conditions discovered on the site that would
impact the repairs must be abated through a licensed asbestos (or other
hazardous condition) abatement contractor who must provide County with air
quality and disposal certificates. Abatement subcontracting can be coordinated
either by the contractor or the County.
3.12 DEAD END CHARGE
If the contractor is unable to locate a County representative familiar with scheduled work
or is unable to gain access to the work site, the contractor shall call the County Boiler Room
(602-506-3310). A boiler room technician will give the contractors further instruction at the
time work is to be performed. If the contractor is delayed or turned away after receiving
further instructions from the boiler room technician, a $50 building access trip charge shall
be authorized by the County.

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3.13 CANCELLATION COST
Any scheduled work cancelled without a minimum of 48 hours prior notice to the County
will be rescheduled with the contractor and is subject up to a 25 percent reduction of the
cost to the County.
3.14 SALVAGE
Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County
and shall be determined prior to incorporation in the contractor’s bid price. Salvageable
materials without pre-approved contractor salvage rights shall be securely stored and are
not to be transported off the site without written permission from the County. If contractor
is given salvage rights, salvageable materials shall be removed daily. On-site storage of
contractor’s salvaged materials is not permitted.
3.15 TESTING
Unless otherwise specified, services and related materials purchased will be inspected by
the department to ensure they meet the quality and quantity requirements of the
specifications. When applicable and deemed necessary by the County, samples of the
materials may be taken at random from stock received for submission to a commercial
laboratory or other appropriate agency for analysis and tests to determine whether the
materials conform in all respects to the specifications. In cases where commercial
laboratory reports determine that the materials do not meet the specifications, the expense
of such analysis shall be borne by the contractor.
3.16 ACCEPTANCE
Upon completion, services shall be deemed accepted and the warranty period shall begin.
Successful service delivery shall be defined as a) material(s)/equipment is installed (as
necessary) and fully operational; and b) the department has deemed all service/work
completed, including but not limited to any inspection, repair, installation, design,
development, deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
3.17 WARRANTY
3.17.1 All services furnished under this contract shall conform to the requirements of this
contract.
3.17.2 Service and/or Repair Warranty
3.17.2.1 The warranty shall cover all parts and labor for a period of one year from
formal acceptance by the County. Any manufacturer warranty beyond
one year shall be passed on to the County.
3.17.2.2 Contractor shall indicate on the price sheet the duration of the warranty
and any applicable limitations or conditions which may apply.
3.17.2.3 Contractor agrees that it will, at its own expense, provide all labor and
parts required to remove, repair or replace, and reinstall any such
defective workmanship and/or materials which becomes or is found to
be defective during the term of this warranty. Contractor shall guarantee
the services to be supplied comply with all applicable regulations.

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3.17.3 Project and/or New Installation Warranty
Project and/or new installation warranty shall cover all parts and labor for a period
of one year from formal acceptance by the County. Any manufacturer warranty
beyond one year shall be passed on to the County.
3.18 USAGE REPORT
Contractor shall furnish the County a usage report upon request delineating the acquisition
activity governed by the contract. The format of the report shall be approved by the County
and shall disclose the quantity and dollar value of each contract item by individual unit of
measure.
3.19 BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass multiple background
checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as County general
government) to determine if the respondent is acceptable to do business with the County.
This applies to, but is not limited to, the company, subcontractors, and employees.
3.20 INVOICES AND PAYMENTS
3.20.1 Payment terms will be calculated based on the date a properly completed invoice
is received by the County.
3.20.2 Contractors shall provide the County with invoices no later than 14 days after
services and delivery of goods are completed and accepted by the County
rendered final.
3.20.3 Contractor shall submit one legible copy of their detailed invoice before payment(s)
will be made. Incomplete invoices will not be processed. At a minimum, the invoice
must provide the following information:
 Company name, address, and contact information
 County bill-to name and contact/requestor information
 Building name and building number
 County purchase order number (if applicable)
 Contract serial or e-procurement platform agreement number (if applicable)
 Work order/project number (if applicable)
 Invoice number and date
 Payment terms as stated in the agreement (if applicable)
 Date of service or delivery (for project work: use “completion date”)
 Arrival and completion time (if applicable)
 Quantity (number of days or weeks) (if applicable)
 Contract item number(s) (if applicable)
 Description of purchase (product or services)
 Pricing per unit of purchase (must include vendor cost, mark-up/discount, and
extended price)
 Line item description of parts and materials (Time and Materials work)
 Line item labor breakdown: arrival and completion time, rate per hour
multiplied by number of hours by personnel type (Time and Materials work)
 Extended price
 Expedited shipping cost (pre-approved by the County)
 Freight (if applicable)

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 Total amount due with tax amounts separated (Time and Materials work). (On
a separate line, clearly indicate the tax rate being applied).
3.20.4 Time and material commodities must be billed as a separate line item on the
invoice.
3.20.5 Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order. FMD questions regarding billing or invoicing should go to
FMD accounts payable (FMD-AccountsPayable@mail.maricopa.gov).
3.20.6 Payment shall only be made to the contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the contractor shall complete the
Vendor Registration Form accessible through the County Department of Finance
Vendor Registration website at https://www.maricopa.gov/5169/Vendor-
Information.
3.20.7 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.20.8 EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers.
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.21 APPLICABLE TAXES
3.21.1 It is the responsibility of the contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
3.21.2 The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds over payment
of a project due to tax consideration that was not due, the contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
3.21.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state,
and local taxes applicable to their operation and any persons employed by the
contractor. Contractor shall, and require all subcontractors to, hold the County
harmless from any responsibility for taxes, damages, and interest, if applicable,
contributions required under Federal and/or State and local laws and regulations,
and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security, and Workers’ Compensation. Contractor
may be required to establish, to the satisfaction of County, that any and all fees
and taxes due to the City or the State of Arizona for any license or transaction
privilege taxes, use taxes, or similar excise taxes are currently paid (except for
matters under legal protest).

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3.22 PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed performance requirements.
The County reserves the right to obtain services on the open market in the event the
contractor fails to perform, and any price differential will be charged against the contractor.
3.23 POST AWARD MEETING
Contractor may be required to attend a post-award meeting with the department to discuss
the terms and conditions of this contract. This meeting will be coordinated by the procurement
officer of the contract.
3.24 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the SAVE Cooperative Purchasing Agreement, and with the
concurrence of the successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If you do not want to
grant such access to a member of SAVE, state so in your bid. In the absence of a statement
to the contrary, the County will assume that you do wish to grant access to any contract
that may result from this bid. The County assumes no responsibility for any purchases by
using entities.
3.25 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements
allow those entities, with the approval of the contractor, to purchase their requirements
under the terms and conditions of the County contract. It is the responsibility of the non-
County government entity to perform its own due diligence on the acceptability of the
contract under its applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this contract if it meets
their individual requirements. Other governmental agencies may enter into a separate
Statement of Work with the contractor to meet their own requirements. The County is not
a party to any uses of this contract by other governmental entities.
3.26 VOLUNTARY EMPLOYEE DISCOUNTS
3.26.1 Contractors may voluntarily offer discounts to County employees for products or
services provided under this contract. Whether a contractor offers or does not offer
an employee discount is not a factor considered in the evaluation of responses to
this solicitation.
3.26.2 Any discount offered is part of a commercial transaction between the contractor
and individual County employees and the County is not a party to the transaction.
Any disputes or issues arising from an individual commercial transaction between
the contractor and an individual County employee is a matter between the
contractor and the employee. If a discount is offered, the terms will be announced
to County employees.
4.0 CONTRACTUAL TERMS & CONDITIONS
4.1 CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a
term of two year(s).

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4.2 OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor, renew the term
of this contract up to a maximum four additional year(s), (or at the County’s sole discretion,
extend the contract on a month-to-month basis for a maximum of six months after
expiration). Contractor shall be notified in writing by the Office of Procurement Services of
the County’s intention to renew the contract term at least 60 calendar days prior to the
expiration of the original contract term.
4.3 CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all reasonable efforts for
an orderly transition of its duties and responsibilities to another provider and/or to the
County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the
transfer of all records and other data in the possession, custody, or control of the contractor
that are required to be provided to the County either by the terms of this agreement or as
a matter of law. The provisions of this clause shall survive the expiration or termination of
this agreement.
4.4 PRICE ADJUSTMENTS
4.4.1 Any requests for reasonable price adjustments must be submitted 60 calendar
days prior to the contract expiration. Requests for adjustment in cost of labor
and/or materials must be supported by appropriate documentation. The
reasonableness of the request will be determined by comparing the request with
the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County will issue written approval of the change and
provide an updated version of the contract. The new change shall not be in effect
until the date stipulated on the updated version of the contract.
4.5 INDEMNIFICATION
4.5.1 To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
4.5.3 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
4.5.4 The scope of this indemnification does not extend to the sole negligence of County.

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4.6 INSURANCE
4.6.1 Contractor, at contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
4.6.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
4.6.3 In the event that the insurance required is written on a claims-made basis,
contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
4.6.4 Contractor’s insurance will be primary insurance as respects County, and any
insurance or self-insurance maintained by County will not contribute to it.
4.6.5 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
4.6.6 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
4.6.7 The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
4.6.8 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of contractor’s work or service.
4.6.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
4.6.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance with a limit of not less
than $2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The

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policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any
provisions which would serve to limit third-party action over claims.
There shall be no endorsement or modifications of the CGL limiting the
scope of coverage for liability arising from explosion, collapse, or
underground property damage.
4.6.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the contractor’s
owned, hired, and non-owned vehicles assigned to or used in
performance of the contractor’s work or services or use or maintenance
of the premises under this contract.
4.6.9.3 Workers’ Compensation
4.6.9.3.1 Workers’ Compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
4.6.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the Workers’
Compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
4.6.9.4 Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which will insure
and provide coverage for errors or omissions or professional liability of
the contractor, with limits of no less than $2,000,000 for each claim.
4.6.9.5 Environmental/Pollution
Contractor shall maintain Commercial General Liability Insurance (CGL)
and, if necessary, Commercial Umbrella Insurance with a limit of not less
than $2,000,000 for each occurrence with a $4,000,000
Products/Completed Operations Aggregate and a $4,000,000 General
Aggregate Limit. The policy shall include coverage for bodily injury,
broad form property damage, personal injury, products and completed
operations, environmental and pollution damage, and blanket
contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this contract.

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4.6.9.6 Certificates of Insurance
4.6.9.6.1 Prior to contract award, contractor shall furnish the County
with valid and complete certificates of insurance, or formal
endorsements as required by the contract in the form
provided by the County, issued by contractor’s insurer(s),
as evidence that policies providing the required coverage,
conditions, and limits required by this contract are in full
force and effect. Such certificates shall identify this contract
number and title.
4.6.9.6.2 In the event any insurance policy(ies) required by this
contract is (are) written on a claims-made basis, coverage
shall extend for two years past completion and acceptance
of contractor’s work or services and as evidenced by annual
Certificates of Insurance.
4.6.9.6.3 If a policy does expire during the life of the contract, a
renewal certificate must be sent to County 15 calendar days
prior to the expiration date.
4.6.9.7 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance
requirements of this contract, contractor’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially
changed for any reason without 30 calendar days prior written notice to
Maricopa County. Contractor must provide notice to Maricopa County,
within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly
to Maricopa County Office of Procurement Services and shall be mailed
or hand delivered to 160 South 4th Avenue, Phoenix, AZ 85003, or
emailed to the procurement officer noted in the solicitation.
4.7 FORCE MAJEURE
4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes include, but are not limited to
acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service, and pandemic.
4.7.2 Each as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use
best efforts to remedy the situation and remove, as soon as practicable, the cause
of its inability to perform or comply.
4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual

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occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
4.8 ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
4.9 AVAILABILITY OF FUNDS
4.9.1 The provisions of this contract relating to payment shall become effective when
funds assigned for the purpose of compensating the contractor as herein provided
are actually available to County for disbursement. The County shall be the sole
judge and authority in determining the availability of funds under this contract.
County will keep the contractor fully informed as to the availability of funds.
4.9.2 If any action is taken by any state agency, Federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under,
or in connection with, this contract, County may amend, suspend, decrease, or
terminate its obligations under, or in connection with, this contract. In the event of
termination, County will be liable for payment only for services rendered prior to
the effective date of the termination, provided that such services are performed in
accordance with the provisions of this contract. County will give written notice of
the effective date of any suspension, amendment, or termination under this
section, at least 10 days in advance.
4.10 PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (VISA or Mastercard) to make payment for
orders under this contract.
4.11 INTERNET ORDERING CAPABILITY
It is the intent of Maricopa County to use the Internet to communicate and to place orders
under this contract.
4.12 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
4.13 PURCHASE ORDERS
4.13.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the contractor for actual and documentable costs incurred by the
contractor in response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
4.13.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.

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4.14 SUSPENSION OF WORK
The procurement officer 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 procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause 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 or negligence of the contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted 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.
4.15 STOP WORK ORDER
4.15.1 The procurement officer may, at any time, by written order to the contractor, require
the contractor to stop all, or any part, of the work called for by this contract for a
period of 90 calendar days after the order is delivered to the contractor, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
4.15.1.1 cancel the stop work order; or
4.15.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
4.15.2 The procurement officer may make an equitable adjustment in the delivery
schedule and/or contract price, and the contract shall be modified, in writing,
accordingly, if the contractor demonstrates that the stop work order resulted in an
increase in costs to the contractor.
4.16 TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.17 TERMINATION FOR DEFAULT
4.17.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
4.17.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
4.17.1.2 make progress, so as to endanger performance of this contract; or
4.17.1.3 perform any of the other provisions of this contract.
4.17.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.

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4.18 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County
may cancel any contract without penalty or further obligation within three years after
execution of the contract, if any person significantly involved in initiating, negotiating,
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 consultant to any other party of the contract with
respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the
County may recoup any fee or commission paid or due to any person significantly involved
in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County
from any other party to the contract arising as the result of the contract.
4.19 OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the contractor any amounts contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
4.20 SUBCONTRACTING
4.20.1 Contractor may not assign to another contractor or subcontract to another party
for performance of the terms and conditions hereof without the written consent of
the County. All correspondence authorizing subcontracting must reference the bid
serial number and identify the job or project.
4.20.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s
rate, as bid in the pricing section, unless the prime contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime contractor’s
invoice.
4.21 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.
4.22 ADDITIONS/DELETIONS OF SERVICES
The County reserves the right to add and/or delete services to a contract. If additional
services are required from a contract, prices for such additions will be negotiated between
the contractor and the County.
4.23 RIGHTS IN DATA
4.23.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
4.23.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.

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4.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.24.1 In accordance with section MC1-373 of the Maricopa County Procurement Code,
the contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions which could be more than six years, whichever is latest. The
County, Federal or State auditors and any other persons duly authorized by the
department shall have full access to and the right to examine, copy, and make use
of, any and all said materials.
4.24.2 If the contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
4.25 AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the contractor equal to the amount
of the disallowance, or to require reimbursement forthwith of the disallowed amount by the
contractor by issuing a check payable to Maricopa County.
4.26 STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
4.27 VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
4.28 SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
4.29 RELATIONSHIPS
4.29.1 In the performance of the services described herein, the contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the contractor.
4.29.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.

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4.30 NON-DISCRIMINATION
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 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 other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can be downloaded from the Arizona Memory Project at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
4.31 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 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.
4.32 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.32.1 The undersigned (authorized official signing on behalf of the contractor) certifies
to the best of his or her knowledge and belief that the contractor, its current officers,
and directors:
4.32.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
4.32.1.2 have not within a three-year period preceding this contract:
4.32.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract;
4.32.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
4.32.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, state or local)
transaction or contract;
4.32.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
4.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.

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4.32.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
4.32.3 Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract. If this clause is applicable to a
subcontractor, the contractor shall include the information required by this clause
with their bid.
4.33 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.33.1 By entering into the contract, the contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). Contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the procurement officer
upon request. These warranties shall remain in effect through the term of the
contract. Contractor and its subcontractors shall also maintain Employment Eligibility
Verification forms (I-9) as required by the Immigration Reform and Control Act of
1986, as amended from time to time, for all employees performing work under the
contract and verify employee compliance using the E-Verify system and shall keep
a record of the verification for the duration of the employee’s employment or at least
three years, whichever is longer. I-9 forms are available for download at
www.uscis.gov.
4.33.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.34.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
contractor or any of its subcontractors are not in compliance, the County will consider
this a material breach of the contract and may pursue any and all remedies allowed
by law, including, but not limited to: suspension of work, termination of the contract
for default, and suspension and/or debarment of the contractor. All costs necessary
to verify compliance are the responsibility of the contractor
4.34 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
4.34.1 The parties agree that this contract and employees working on this contract will be
subject to the contractor employee whistleblower protections established by Title 41
U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation.
4.34.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. §
4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by contractor and
copies provided to County upon request.
4.34.3 Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($250,000 as of Fiscal Year
2018).

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4.35 CONTRACTOR LICENSE REQUIREMENT
4.35.1 Contractor shall procure all permits, insurance, and licenses, and pay the charges
and fees necessary and incidental to the lawful conduct of his/her business, and
as necessary complete any requirements, by any and all governmental or non-
governmental entities as mandated to maintain compliance with and remain in
good standing. Contractor shall keep fully informed of existing and future trade or
industry requirements, and Federal, State, and local laws, ordinances, and
regulations which in any manner affect the fulfillment of a contract and shall comply
with the same. Contractor shall immediately notify both Office of Procurement
Services and the department of any and all changes concerning permits,
insurance, or licenses.
4.35.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
4.36 INFLUENCE
4.36.1 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 ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
4.36.2 An attempt to influence includes, but is not limited to:
4.36.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy 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.
4.36.3 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.
4.36.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY
COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT
SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS
THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH
THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION,
ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT
AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
4.37 CONFIDENTIALITY
In the course of the solicitation process, the County may disclose information that is
proprietary or confidential. By submitting a bid to the solicitation, the offeror agrees that,
except as necessary to prepare a response to this solicitation, neither it nor its agents or
employees will communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of these discussions

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without the express written authorization of the County. If the offeror does disclose County
proprietary or confidential information to a third-party in preparing a response to this
solicitation, it shall require the third-party to acknowledge and comply with this provision.
4.38 CONFIDENTIAL INFORMATION
4.38.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the contractor’s obligation regarding such information.
4.38.2 Contractor shall establish and maintain procedures and controls that are adequate
to assure that no information contained in its records and/or obtained from the
County or from others in carrying out its functions (services) under the contract
shall be used by or disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract. Contractor’s procedures
and controls, at a minimum, must be the same procedures and controls it uses to
protect its own proprietary or confidential information. If, at any time during the
duration of the contract, the County determines that the procedures and controls
in place are not adequate, the contractor shall institute any new and/or additional
measures requested by the County within 15 business days of the written request
to do so.
4.38.3 Any requests to the contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
4.39 PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the records manager at the Maricopa County Office of Procurement Services.
Offers shall be open to public inspection and copying after contract award and execution,
except for such offers or sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offeror believes that information in
its offer or any resulting contract should not be released in response to a public record
request, under Arizona law, the offeror shall indicate the specific information deemed
confidential or proprietary and submit a statement with its offer detailing the reasons that
the information should not be disclosed. Such reasons shall include the specific harm or
prejudice which may arise from disclosure. The records manager of the Office of
Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code.
4.40 INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes all prior negotiations, proposals, communications, understandings,
representations, or agreements, whether oral or written, expressed, or implied.
4.41 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
4.42 GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.