180052-CONTRACT.PDF

DESIGN-BID BUILD CONTRACT
MARICOPA COUNTY, ARIZONA
Locals and Collectors Roads Rehabilitation
Office of Procurement Services
Serial # 180052-DBB
Contract # 2017-043
C-64-18-074-5-00
Project # TT0566
MCDOT
MARICOPA COUNTY, ARIZONA
Locals and Collectors Roads Rehabilitation Serial # 180052-DBB
Contract - Design Bid Build Pg. # 1

CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 11th day of January, 2018, by and between MARICOPA
COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF SUPERVISORS, and
Sunland Asphalt & Construction, Inc. hereinafter called CONTRACTOR.
WITNESSETH: That the said CONTRACTOR, for and in the consideration of the sum of:
$3,775,000.00 (Three Million, Seven Hundred Seventy-Five Thousand Dollars, and No Cents)
to be paid to him by the COUNTY, in the manner and at the times hereinafter provided, and of the other
covenants and agreements herein contained, hereby agrees for himself, heirs, executors, administrators,
successors, and assigns as follows:
ARTICLE I - SCOPE OF WORK: CONTRACTOR shall construct, and complete in a workmanlike and
substantial manner and to the satisfaction of the MCDOT Director, a project for the Maricopa County
MCDOT, designated as Serial # 180052-DBB, Locals and Collectors Roads Rehabilitation, and furnish
at its own cost and expense all necessary machinery, equipment, tools, apparatus, materials, and labor to
complete the work in the most substantial and workmanlike manner according to the Plans and
Specifications on file with the Maricopa County MCDOT, and such modifications of the same and other
directions that may be made by the Maricopa County MCDOT as provided herein.
ARTICLE II - CONTRACT DOCUMENTS: The Bid/Contract Documents (Invitation to Bid, Plans,
Construction Special Provisions, Addenda, if any, Maricopa Association of Governments (M.A.G.) Standard
Specifications and Uniform Standard Details, latest revisions thereto, Maricopa County Supplement to
M.A.G. Uniform Standard Specifications for Public Works Construction, Bid, Affidavits, Performance Bond,
Payment Bond, Certificates of Insurance, and Change Orders, if any,) are by this reference made a part of
this Contract and shall have the same effect as though all of the same were fully inserted herein.
ARTICLE III - TIME OF COMPLETION: CONTRACTOR further covenants and agrees at its own
proper cost and expense, to do all work as aforesaid for the construction of said improvements and to
completely construct the same and install the material therein, as called for by this agreement free and
clear of all claims, liens, and charges whatsoever, in the manner and under the conditions specified within
the time, or times, stated in the Bid pamphlet.
ARTICLE IV - PAYMENTS: For and in consideration of the satisfactory performance of the work
herein embraced as set forth in the Bid/Contract Documents, which are a part hereof, and in accordance
with the directions of the COUNTY, through its Engineer and to its satisfaction, the COUNTY agrees to pay
the said CONTRACTOR the amount earned, computed from actual quantities of work performed and
accepted, or materials furnished at the unit bid price on the Bid made a part hereof, and to make such
payment in accordance with the requirements of A.R.S. § 34-221, as amended. CONTRACTOR agrees to
discharge its obligations and make payments to its subcontractors and suppliers in accordance with A.R.S.
§ 32-1129.
ARTICLE V - TERMINATION: The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511 A,
this contract may be canceled without penalty or further obligation within three (3) years after execution if
any person significantly involved in initiation, negotiation, securing, drafting or creating the contract on
Locals and Collectors Roads Rehabilitation Serial # 180052-DBB
Contract - Design Bid Build Pg. # 2

behalf of the COUNTY is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or a Contractor to any other party of
the contract with respect to the subject matter of the contract. Cancellation under this section shall be
effective when written notice from the COUNTY is received by all of the parties to the contract. In addition,
the COUNTY may recoup any fee or commission paid or due to any person significantly involved in
initiation, negotiation, securing, drafting or creating the contract on behalf of the COUNTY from any other
party to the contract arising as a result of the contract.
ARTICLE VI - TERMINATION FOR CONVENIENCE: The County reserves the right to terminate the
Contract, in whole or in part at any time, when in the best interests of the County without penalty or
recourse. Upon receipt of the written notice, the Contractor shall immediately stop all work, as directed in
the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to
the County. In the event of termination under this paragraph, all documents, data and reports prepared by
the Contractor under the Contract shall become the property of and be delivered to the County upon
demand. The Contractor shall be entitled to receive just and equitable compensation for work in progress,
work completed and materials accepted before the effective date of the termination.
ARTICLE VII - TERMINATION FOR DEFAULT: If the Contractor fails to meet deadlines, or fails to
provide the agreed upon service/material altogether, a termination for default will be issued. The
termination for default will be issued only after the County deems that the Contractor has failed to remedy
the problem after being forewarned.
ARTICLE VII - TERMINATION BY THE COUNTY: If the Contractor should be adjudged bankrupt or
should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on
account of its insolvency, the County may terminate the Contract. If the Contractor should persistently or
repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough
properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed
with work or otherwise be guilty of a substantial violation of any provision of this Contract, then the County
may terminate the Contract. Prior to termination of the Contract, the County shall give the Contractor
fifteen (15) calendar days written notice. Upon receipt of such termination notice, the Contractor shall be
allowed fifteen (15) calendar days to cure such deficiencies.
ARTICLE VIII – 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.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed,
or interrupted (1) by an act of the Procurement Officer in the administration of this Contract, or (2) by the
Procurement Officer’s failure to act within the time specified in this Contract (or within a reasonable time if
not specified), an adjustment shall be made for any increase in the cost of performance of the Contract
(excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the
contract modified in writing accordingly. However, no adjustment shall be made under this provision for
any suspension, delay, or interruption to the extent that performance would have been so suspended,
delayed, or interrupted by any other cause, including the fault of negligence of the Contractor, or for which
an equitable adjustment is provided for or excluded under any other term or condition of this Contract.
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A claim under this provision shall not be allowed:
For any costs incurred more than twenty (20) days before the Contractor shall have notified the
Procurement Officer in writing of the act or failure to act involved (but this requirement shall not apply as to
a claim resulting from a suspension order); and
Unless the claim, in an amount stated, is 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.
ARTICLE IX - NEGOTIATION CLAUSE: Recovery of damages related to expenses incurred by
CONTRACTOR for a delay for which the COUNTY is responsible, which is unreasonable under the
circumstances and which was not within the contemplation of the parties to the contract, shall be negotiated
between CONTRACTOR and the COUNTY. This provision shall be construed so as to give full effect to
any provision in the contract which requires notice of delays, provides for arbitration or other procedure for
settlement or provides for liquidated damages.
ARTICLE X - COMPLIANCE WITH LAWS: CONTRACTOR is required to comply with all Federal,
State and local ordinances and regulations. CONTRACTOR'S signature on this contract certifies
compliance with the provisions of the I-9 requirements of the Immigration Reform Control Act of 1986 for all
personnel that CONTRACTOR and any subcontractors employ to complete this project. It is understood
that the COUNTY shall conduct itself in accordance with the provisions of the Maricopa County
Procurement Code.
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges:
(1) That the CONTRACTOR and its sub-contractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance
with A.R.S. §23-214, subsection A; After December 31, 2007, every employer, after hiring
an employee, shall verify the employment eligibility of the employee through the e-verify
program and shall keep a record of the verification for the duration of the employee’s
employment or at least three (3) years, whichever is longer.
(2) That a breach of a warranty under subsection 1 above, shall be deemed a material breach
of the contract that is subject to penalties up to and including termination of the contracts;
(3) That the contracting government entity retains the legal right to inspect the papers of any
CONTRACTOR or sub-contractor employee who works on the contract to ensure that the
CONTRACTOR or sub-contractor is complying with the warranty provided under subsection
1 above and that the CONTRACTOR agrees to make all papers and employment records of
said employee(s) available during normal working hours in order to facilitate such an
inspection.
(4) That nothing herein shall make any CONTRACTOR or sub-contractor an agent or
employee of the contracting government entity.
ARTICLE XI - SBE PROGRAM: It is Maricopa County’s policy to endeavor to ensure in every way
possible that small business participation firms shall have the opportunity to provide professional services,
materials, and contractual services to the County in a nondiscriminatory manner.
Locals and Collectors Roads Rehabilitation Serial # 180052-DBB
Contract - Design Bid Build Pg. # 4

ARTICLE XII – SBE PARTICIPATION PAY FORM: This form is to be submitted with each pay
application or invoice. Any pay application or invoice without this form attached is subject to rejection as
not being a completed pay application or invoice pursuant to the terms of the contract.
ARTICLE XIII - ANTI-DISCRIMINATION PROVISION: CONTRACTOR agrees not to discriminate
against any employee or applicant for employment because of race, age, color, religion, sex, disability, or
national origin, and further agrees not to engage in any unlawful employment practices. CONTRACTOR
further agrees to insert the foregoing provision in all subcontracts hereunder.
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 may be viewed and downloaded at the Governor of the State of Arizona’s website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby
incorporated into this contract as if set forth in full herein. During the performance of this contract,
CONTRACTOR shall not discriminate against any employee, client or any other individual in any way
because of that person’s age, race, creed, color, religion, sex, disability or national origin.
ARTICLE XIV – INFLUENCE: As prescribed in MC1-1203 of the Maricopa County Procurement Code,
any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or
any unethical conduct, may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
(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;
(2) That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement
Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County
Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
ARTICLE XV – MISCELLANEOUS
ISRAEL BOYCOTT:
By submitting this bid the Contractor certifies that they are in compliance with Article 9, Arizona Revised
Statutes Section 35-393 et. seq.
UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. §
200 et seq.
Locals and Collectors Roads Rehabilitation Serial # 180052-DBB
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MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AUTHORIZED SIGNATURE FORM
WHEREAS, , an corporation, is required to execute certain
(NAME OF STATE)
documents which are necessary for the prompt and efficient execution of the corporate business:
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
(CORPORATE NAME)
that (name of parties authorized) ,
be authorized to execute and sign documents on behalf of said corporate the following documents:
1. The Proposal 6. Supplemental Agreements
2. The Contract 7. Extension of Time
3. The Bond 8. Request for Force Account Work
Payrolls 9. All other papers necessary for the conduct of the
4.
corporation's affairs and the execution of the contract.
5. Claims 10 Subcontracts
The powers and duties herein granted shall be and is hereby granted for the duration of the contract for the construction of
or until express notice of revocation has been duly given in writing, whichever is the lesser period.
Dated and passed by the Board of Directors this day of ,
(SIGNATURE OF PERSONS AUTHORIZED TO SIGN) (TITLE) (DOCUMENT NO.)
CERTIFICATE
STATE OF )
) ss.
COUNTY OF )
I, of the , a
corporation do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of Directors of said corporation, by
unanimous written consent on and that the same is in full force and effect at this time.
(DATE)
Dated
(OFFICER OF THE CORPORATION)
(Seal of Corporation)
STATE OF ) s.s.
COUNTY OF )
This instrument was acknowledged before me this day of by
appearing before the undersigned Notary Public, and state that he
executed such instrument on behalf of said corporation for the purpose and consideration therein expressed.
(NOTARY PUBLIC)
My Commission Expires:
Locals and Collectors Roads Rehabilitation Serial # 180052-DBB
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IN WITNESS WHEREOF: Five (5) identical counterparts of this Contract, each of which shall for all
purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on
the date and year first above written.
By:
Party of the First Part
By:
Printed Name Signature
Title: Date:
Tax Identification Number Vendor Terms
Maricopa County Office of Procurement Services
Party of the Second Part
RECOMMENDED BY:
LEGAL REVIEW:
Approved as to form and within the Powers and
Jennifer Toth, P.E. authority granted under the laws of the State of
County Engineer/Transportation Director Arizona to Maricopa County.
Date
Deputy County Attorney
Date:
91327
NIGP Commodity Code (Advantage)
BOARD OF SUPERVISOR’S APPROVAL: ATTEST:
By: By:
Chairman, Board of Supervisors Clerk of the Board
Date Date
Locals and Collectors Roads Rehabilitation Serial # 180052-DBB
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