179000-TRUESDELL CORP CONTRACT 2-23-17.PDF
Extracted text (via pymupdf_layout)
84232 characters
JOB ORDER CONTRACT BETWEEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION AND THE TRUESDELL CORPORATION FOR JOC BRIDGE DECK OVERLAY AND SEALING SERVICES SERIAL # 179000-JOC MCDOT CONTRACT # 2016-050 AGENDA # C-73-17-028-5-00 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MCDOT CONTRACT # 2016-050 TABLE OF CONTENTS Table of Contents TABLE OF CONTENTS .............................................................................................. 2 ARTICLE I - SCOPE OF WORK: ................................................................................ 3 ARTICLE II - CONTRACT DOCUMENTS: ................................................................ 3 ARTICLE III - TIME OF COMPLETION: .................................................................. 4 ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE: ....................... 4 ARTICLE V – PAYMENTS: ........................................................................................ 4 ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR TASK ORDER 5 VI-A TERMINATION BY THE OWNER FOR CAUSE 5 VI-B SUSPENSION BY THE OWNER FOR CONVENIENCE 6 VI-C OWNER'S TERMINATION FOR CONVENIENCE 6 ARTICLE VII - NEGOTIATION CLAUSE: ................................................................. 8 ARTICLE VIII - COMPLIANCE WITH LAWS:.......................................................... 8 ARTICLE IX - SBE PROGRAM: ................................................................................. 9 ARTICLE X - ANTI-DISCRIMINATION PROVISION: .............................................. 9 ARTICLE XI - INDEMNIFICATION: ......................................................................... 9 ARTICLE XII - INSURANCE REQUIREMENTS: ....................................................... 10 ARTICLE XIII – INFLUENCE: ................................................................................... 11 ARTICLE XIV – TITLE VI: ......................................................................................... 12 ARTICLE XV – MISCELLANEOUS: .......................................................................... 12 Signature ...................................................................................................................... 13 STATUTORY PAYMENT BOND ................................................................................ 14 STATUTORY PERFORMANCE BOND ...................................................................... 15 CERTIFICATE OF INSURANCE ................................................................................ 16 NO COLLUSION AFFIDAVIT .................................................................................... 17 VERIFICATION OF LICENSE .................................................................................... 18 AFFIDAVIT OF COMPLIANCE ................................................................................. 19 MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM ......................... 20 Certificate of Performance and Payment of ALL Claims ............................................... 21 ON CALL CONSTRUCTION PAYMENT REQUEST .................................................. 22 TITLE VI ASSURANCES ............................................................................................ 23 EXHIBIT A-SCOPE OF WORK .................................................................................. 24 EXHIBIT B-FEE SCHEDULE ...................................................................................... 41 Page 2 of 41 Contract No. 2016-050 MCDOT CONTRACT # 2016-050 Job Order Contract for JOC BRIDGE DECK OVERLAY AND SEALING SERVICES The Maricopa County Department of Transportation, hereinafter called the COUNTY, is desirous of having Job Order Contract for JOC BRIDGE DECK OVERLAY AND SEALING SERVICES performed when requested by the Maricopa County Department of Transportation through a specific Work Assignment for those services more fully described in Exhibit A, General Scope of Work, and Exhibit B, Unit Price List; and THE TRUESDELL CORPORATION hereinafter called “CONTRACTOR”, with its principal offices located at 1310 W 23rd Street, Tempe, AZ 85282, 602-437-1711, is desirous of performing said services; THIS AGREEMENT, made and entered into this 15th day of February, 2017, by and between MARICOPA COUNTY acting by and through its BOARD OF SUPERVISORS, and THE TRUESDELL CORPORATION. WITNESSETH: The CONTRACTOR shall be paid a fee not-to-exceed Three Million Dollars ($3,000,000.00) per contract year, maximum One Million Dollars ($1,000,000.00) limit per individual project task order, up to five (5) years for a total not-to-exceed of Seven Million Dollars and No Cents ($7,000,000.00) for complete and satisfactory performance of work under this contract in accordance with the Scope of Work and the detailed Scope(s) of Work 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: The CONTRACTOR, under the general supervision of the Department of Transportation Director, shall perform JOC BRIDGE DECK OVERLAY AND SEALING SERVICES as are necessary for the Work Assignment and according to the directions and designated standards of the COUNTY, and in accordance with Exhibit A, General Scope of Work. It is understood and agreed that the COUNTY’s authorized representative shall be the Department of Transportation Director or his/her duly authorized representative, hereinafter called the “Agent”. For purposes of this contract, the Agent’s duly authorized representative shall be the Project Manager and he/she shall be the sole contact for administering this contract. CONTRACTOR shall provide services, and complete in a workmanlike and substantial manner and to the satisfaction of the Department of Transportation Director, project JOC BRIDGE DECK OVERLAY AND SEALING SERVICES under work assignments for the Maricopa County Department of Transportation, and furnish at its own cost and expense all necessary machinery, equipment, tools, apparatus, and labor to complete the work in the most substantial and workmanlike manner according to the Specifications and Work Assignment on file with the Maricopa County Department of Transportation, and such modifications of the same and other directions that may be made by the Maricopa County Department of Transportation as provided herein. The CONTRACTOR shall meet periodically with the County Agent so as to keep the COUNTY informed of the progress of the work in accordance with each work assignment. ARTICLE II - CONTRACT DOCUMENTS: The Contract Documents (Plans, Specifications, Addenda, if any, 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. Page 3 of 41 Contract No. 2016-050 ARTICLE III - TIME OF COMPLETION: CONTRACTOR further covenants and agrees at its own proper cost and expense, to complete all work for the construction of assigned JOC BRIDGE DECK OVERLAY AND SEALING SERVICES and to completely construct the same and provide the services 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 Work Assignment. ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE: Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work will be developed for each Work Assignment and incorporated herein by reference, and if applicable, a Small Business Enterprise goal will be established. A not-to-exceed fee will be negotiated for each Work Assignment consistent with Exhibit B, Unit Price List. The CONTRACTOR shall complete all work in accordance with the provisions of Exhibit A, General Scope of Work and the detailed Scope of Work as negotiated for each specific Work Assignment. Performance for a Work Assignment shall commence only upon receipt of the Agent’s written notice to proceed. Work Assignments may be issued at any time during the term of this Contract. This Contract will remain in full force and effect during the performance of any Work Assignment. This contract shall be effective for a period of two (2) years from the Board award date and may be renewed, if mutually agreed to by both the CONTRACTOR and the COUNTY, for an additional three (3) 1-year periods. Market escalations in material costs may be negotiated upon written request from the Contractor. ARTICLE V – PAYMENTS: For and in consideration of the satisfactory performance of the work herein embraced as set forth in the 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 price listed on the Work Assignment Proposal made a part hereof, and to make such payment in accordance with the requirements of A.R.S. Sec. 34-607, as amended. CONTRACTOR agrees to discharge its obligations and make payments to its subcontractors and suppliers in accordance with A.R.S. Sec. 34-607. The COUNTY does not guarantee any minimum or maximum fee during the period of this contract, and Contractor, in accepting this contract, does not anticipate any minimum or maximum fee. The COUNTY shall pay the CONTRACTOR in full for each Work Assignment upon satisfactory completion and acceptance by the COUNTY, provided the Contractor returns the executed Certificate of Performance furnished by the Agent. Should an assignment require more than thirty (30) days to complete, the Contractor may invoice progress payments based on COUNTY approved monthly progress reports and subject to the limitations set forth in the Scope of Work negotiated for each Work Assignment. Page 4 of 41 Contract No. 2016-050 Upon completion of each Work Assignment under this contract, the CONTRACTOR will furnish to the COUNTY an executed Certificate of Performance. The Certificate of Performance must be notarized. ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR TASK ORDER VI-A TERMINATION BY THE OWNER FOR CAUSE VI-A.1 Criteria for Termination for Cause: The Owner may terminate the Contract or terminate a Task Order if the Job Order Contractor: VI-A.2 Repeatedly refuses or fails to supply enough properly skilled workers or proper materials; VI-A.3 Repeatedly disregards laws, ordinances, rules, regulations, or orders of a public authority having jurisdiction; VI-A.4 Materially breaches any provision of the Contract or Task Order; VI-A.5 Fails to furnish the Owner with assurances satisfactory to the Owner evidencing the Job Order Contractor’s ability to complete the Work for the Task Order in compliance with all the requirements of the Contract; or VI-A.6 Fails after commencement of the Work to proceed diligently and continuously with the construction and completion of the Work for more than seven (7) days, except as permitted under the Contract. VI-A.7 Repeatedly refuses or fails to carry out Safety provisions as required by Contract; VI-A.8 Fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Job Order Contractor and the Subcontractors. VI-A.9 Effect of Termination for Cause: When any of the above conditions exist, the Owner, may without prejudice to any other rights or remedies of the Owner, and after giving the Job Order Contractor and the Job Order Contractor’s Surety, if any, three (3) days' written notice, terminate the Contract or Task Order and may, subject to any prior rights of the Surety: VI-A.10 Take possession of the Site and all materials, equipment, tools, and construction equipment machinery thereon owned by the Job Order Contractor; VI-A.11 Accept assignment of subcontracts pursuant to Article 5.4; and VI-A.12 Finish the Work for the Task Order by whatever reasonable method the Owner may deem expedient. Page 5 of 41 Contract No. 2016-050 VI-A.13 Job Order Contractor Right to Receive Payment: When the Owner terminates the Contract or a Task Order for one of the reasons stated in Article VI-A.2-VI-A.8, the Job Order Contractor shall not be entitled to receive further payment for the Task Order until the Work is finished. VI-A.14 Costs for Finishing Work: If the unpaid balance of the Contract Sum exceeds costs of finishing the Work for the Task Order, including compensation for the Owner’s services and expenses made necessary thereby, such excess shall be paid to the Job Order Contractor. If such costs exceed the unpaid balance, the Job Order Contractor shall pay the difference to the Owner. The amount to be paid to the Job Order Contractor or Owner, as the case may be, shall, upon application, be certified after consultation with the Owner, and this obligation for payment shall survive termination of the Contract. VI-B SUSPENSION BY THE OWNER FOR CONVENIENCE VI-B.1 Owner's Right: The Owner may, without cause, order the Job Order Contractor in writing to suspend, delay, or interrupt the Work for a Task Order in whole or in part for such period of time as the Owner may determine. VI-B.2 Adjustment in Task Order Sum. An adjustment shall be made for increases in the cost of performance of the Task Order, including profit on the increased cost of performance, caused by suspension, delay, or interruption. No adjustment shall be made to the extent: VI-B.3 that performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Job Order Contractor is responsible; or VI-B.4 that an equitable adjustment is made or denied under another provision of this Contract. VI-B.5 Method for Adjustment in Task Order Sum: Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. VI-C OWNER'S TERMINATION FOR CONVENIENCE VI-C.1 Effect of Termination for Convenience: The Owner reserves the right to terminate the Contract or a Task Order for convenience and without cause, even if Job Order Contractor has not failed to perform any part of the Contract or a Task Order. Termination of the Task Order Work shall be effected by written notice to the Job Order Contractor. Upon receipt of such notice, Job Order Contractor shall, unless the notice otherwise directs: VI-C.2 Immediately discontinue the Work of the Task Order and the placing of all orders and subcontracts in connection with this Contract; Page 6 of 41 Contract No. 2016-050 VI-C.3 Immediately cancel all of the existing orders and subcontracts made hereunder or for the Task Order involved; VI-C.4 Immediately transfer to the Owner all materials, supplies, Work in progress, appliances, facilities, machinery, and tools acquired by the Job Order Contractor in connection with the performance of the Contract or the Task Order, and take such action as may be necessary or as the Owner may direct for protection and preservation of the Work relating to this Contract; and VI-C.5 Deliver all plans, Drawings, Specifications, and other necessary information to Owner. VI-C.6 Job Order Contractor’s Exclusive Remedy: If the Owner terminates the Contract or a Task Order for convenience, the following shall be the Job Order Contractor’s exclusive remedy: VI-C.7 Reimbursement of all actual expenditures and costs approved by the Owner as having been made or incurred in performing the Work; VI-C.8 Reimbursement of expenditures made and costs incurred with the Owner's prior written approval in settling or discharging outstanding commitments entered into by the Job Order Contractor in performing the Contract; and VI-C.9 Payment of profit, in so far as profit is realized hereunder, of an amount equal to the estimated profit on any Task Order Work underway at the time of termination multiplied by the percentage of completion of the Work. In no event shall the Job Order Contractor be entitled to anticipated fees or profits on Work not required to be performed. VI-C.10 Warranties, Guarantees, and Indemnities to Remain in Effect: All obligations of the Job Order Contractor under the Contract with respect to completion of the Work, including but not limited to all warranties, guarantees, and indemnities, shall apply to all Work completed or substantially completed by the Job Order Contractor prior to a convenience termination by the Owner. Notwithstanding the above, any convenience termination by the Owner or payments to the Job Order Contractor shall be without prejudice to any claims or legal remedies that the Owner may have against the Job Order Contractor for any cause. VI-C.11 Conversion of Termination for Cause to Termination for Convenience: Upon a determination that a termination of this Contract or a Task Order, other than a termination for convenience, under this Article was wrongful or improper for any reason, such termination shall automatically be deemed converted to a convenience termination under this Article VI, and the Job Order Contractor’s remedy for such wrongful termination shall be limited to the recoveries specified under Article VI-C.6. Page 7 of 41 Contract No. 2016-050 VI-C.12 Remedy Limited to Damages: In the event that Job Order Contractor is terminated, whether for cause or convenience, the Job Order Contractor’s sole remedy shall be for damages. In no event shall Job Order Contractor be entitled to reinstatement or other equitable relief from a court or through Alternative Dispute Resolution as provided in Exhibit B. VI-C.13 Notice that Contract is Subject to Termination Provisions of A.R.S. § 38- 511: The parties acknowledge, and as required by law, notice is hereby given that this Contract is subject to A.R.S. § 38-511. VI-C.14 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://www.azgovernor.gov/dms/upload/EO_2009_09.pdf which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. ARTICLE VII - 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 VIII - 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: VIII.A 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 Page 8 of 41 Contract No. 2016-050 verify the employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. VIII.B 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; VIII.C 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. VIII.D That nothing herein shall make any CONTRACTOR or sub-contractor an agent or employee of the contracting government entity. ARTICLE IX - SBE PROGRAM: It is Maricopa County’s policy to endeavor to ensure in every way possible that small business participation firms shall have the opportunity to provide professional services, materials, and contractual services to the County in a nondiscriminatory manner. ARTICLE X - 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. ARTICLE XI - INDEMNIFICATION: To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless COUNTY, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, reckless or intentional wrongful conduct of the consultant or others persons employed or used by the consultant in the performance of the contract or subcontract. “Other persons employed or used” means a subconsultant to a consultant or design professional in any tier, or any other person or entity who performs work or design professional services, or provides labor, services, materials or equipment in connection with the contract. 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 paragraph. The scope of this indemnification does not extend to the sole negligence of COUNTY. Page 9 of 41 Contract No. 2016-050 ARTICLE XII - INSURANCE REQUIREMENTS: CONTRACTOR, at CONTRACTOR'S own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. 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. 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. CONTRACTOR’S insurance shall be primary insurance as respects COUNTY, and any insurance or self-insurance maintained by COUNTY shall not contribute to it. 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. 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. COUNTY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated, however, to review such policies and/or endorsements or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of COUNTY’S right to insist on strict fulfillment of CONTRACTOR’S obligations under this Contract. 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. 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. CONTRACTOR is required to procure and maintain the following coverages indicated by a checkmark: Page 10 of 41 Contract No. 2016-050 Commercial General Liability Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, $4,000,000 General Aggregate Limit, and $2,000,000 Personal & Advertising Injury. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. Automobile Liability Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella 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 under this Contract. Workers’ Compensation 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. CERTIFICATES OF INSURANCE Prior to commencing work or services under this Contract, CONTRACTOR shall furnish COUNTY with Certificates of Insurance in a form acceptable to COUNTY, 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 coverages, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 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. If a policy does expire during the life of the Contract, a renewal certificate must be sent to COUNTY fifteen (15) days prior to the expiration date. CANCELLATION AND EXPIRATION NOTICE Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to COUNTY. ARTICLE XIII – INFLUENCE: As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902. Page 11 of 41 Contract No. 2016-050 An attempt to influence includes, but is not limited to: XIII-A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,; XIII-B 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 XIV – TITLE VI: The Maricopa County Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. ARTICLE XV – MISCELLANEOUS: ISRAEL BOYCOTT: By submitting this proposal the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et. seq. (END OF SECTION) Page 12 of 41 Contract No. 2016-050 IN WITNESS WHEREOF: One (1) 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. THE TRUESDELL CORPORATION Party of the First Part By: H. Title: Date: Tax Identification Number Maricopa County Department of Transportation Party of the Second Part RECOMMENDED BY: LEGAL REVIEW: Approved as to form and within the Powers and authority granted under the Jennifer Toth, P.E. laws of State of Arizona to Maricopa County Engineer/Transportation Director County. By: Date: Deputy County Attorney Date: BOARD OF SUPERVISOR'S APPROVAL: By: Chairman, Board of Supervisors Date: ATTEST: By: Clerk of the Board Page 13 of 41 Contract No. 2016-050 larD STATUTORY PAYMENT BOND PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISE STATUTES (Penalty of this bond must be 100% of the Work Assignment amount) KNOW ALL MEN BY THESE PRESENTS: That, (h76inafter called the Principal), As Principal, and a corporation organized and existing under the laws of the State of with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto Maricopa County (here after called the Obligee), in the amount of ($7,000,000.00) themselves, and their heirs, administrat s, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain writteiéontract with the Obligee, dated the 15th day of February, 2017, for WORK ORDER NO. , CONTRACT TITLE - JOC BRIDGE DECK OVERLAY AND SEALING RVICES„Work Assignment No. which contract is hereby referred to and made a part hereof fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF S OBLIGATION IS SUCH, that if the said Principal promptly pays all monies due to all perso supplying labor or materials to the Principal or the Principal's subcontractors in the prosecutio of the work provided for in the contract, this obligation is void. Otherwise it remains in full rce and effect. PROVIDED, HOWEVER, that this iond is executed pursuant to the provisions of Title 34, Chapter 6, Article 1, of the Arizona R ised Statutes, and all liabilities on this bond shall be determined in accordance with the pro isions, conditions and limitations of Title 34, Chapter 6, Article 1, Arizona Revised Statutes, to e same extent as if it was copied at length in this Agreement. The prevailing party in a s t on this bond shall recover as a part of the judgment reasonable attorney's fees that may be fixed y the court or a judge thereof. Witness our hands thi day of , 20 PRINCIPAL SEAL BY: AGENT SURETY SEAL BOND NUMBER: BY: Page 14 of 41 Contract No. 2016-050 "C) STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONAAEVISED STATUTES (Penalty of this bond must be 100% of the Work Assignment *mint) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal), as Principal, and a corporation organized and existing under the laws of the State of , with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto Maricopa Cou y, (hereinafter called the Obligee) in the amount of ($7,000,000.00) for the payment whereof, the sail Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigtis, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain writtçii contract with Obligee, dated the 15th day of February, 2017, for WORK ORDER NO. , CONTRACT TITLE - JOC BRIDGE DECK OVERLAY AND SEALING SERVICES., ork Assignment No. , which contract is hereby referred to and made a part hereof a ully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CO Pp ITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and fill all the undertakings, covenants, terms, conditions and agreements of said contract during the o ginal term of said contract and any extension thereof, with or without notice to the Surety, and d ing the life of any guaranty required under the contract, and shall also perform and fulfill all the u dertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifica ons of said contract that may hereafter be made, notice of which modifications to the Surety be' g hereby waived; then the above obligation shall be void, otherwise to remain in full force and ffect; PROVIDED, HOWEVER,,/that this bond is executed pursuant to the provisions of Title 34, Chapter 6, Article 1, of the Arizon Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provision of said Title, Chapter, and Article, to the extent as if it was copied at length herein. The prevailing party a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of e court. Witness our hand,i this _ day of , 20 PRINCIPAL SEAL AGENT OF RE9ORD, STATE OF AZ By: AGENT AD SS SURETY SEAL BOND NUMBER: BY: Page 15 of 41 Contract No. 2016-050 Maricopa County Department of Transportation CERTIFICATE OF INSURANCE RIAL NO. 179000-JOC PROJECT TITLE: Job Order Contract for JOC BRIDGE DECK OVERLAY AND SEALING SERVICES NAME AND ADDRESS OF INSURANCE AGENCY: *COMPANIES AFFORDING COVERAGES: Company A Letter Company B Letter Company Letter NAME AND ADDRESS OF INSURED: Company D Letter Company E Letter Company F Letter This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this time. EFFECTIVE EXPIRATION *CO. TYPE OF INSURANCE POLICY DATE DATE LTR. NUMBER (MM/DD/YY) (MM/DD/YY) LIMITS GENERAL LIABILITY: 0 COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $4,000,000 0: Claims Made 0: Occur PRODUCTS/COMPLETED $4,000,000 0: PREMISES OPERATIONS OPERATIONS AGGREGATE 0: BLANKET CONTRACTURAL El: BROAD FORM PROPERTY EACH OCCURRENCE $2,000,000 DAMAGE PERSONAL & ADVERTISING $2,000,000 0: PERSONAL INJURY INJURY El: PRODUCTS AND COMPLETED OPERATIONS HAZARD El: XCU HAZARDS El: INDEPENDENT CONTRACTORS El: OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY AUTOMOBILE LIABILITY: E: ANY AUTO Combined Single Limit $2,000,000 Bodily Injury $2,000,000 El: ALL OWNED AND NON -OWNED AUTOS Property Damage $2,000,000 Per person/Per accident $2,000,000 0 EXCESS LIABILITY Each occurrence $ 0: Umbrella Form Aggregate $ 0: Other than Umbrella Form El WORKERS' COMPENSATION STATUTORY LIMITS AND AND EMPLOYERS' LIABILITY EMPLOYER'S LIABILITY: $1,000,000 EACH ACCIDENT DISEASE: EACH EMPLOYEE $1,000,000 DISEASE: POLICY LIMIT $1,000,000 Except for Workers' Compensation and Professional Liability Insurance, the Maricopa County, and their agents, D. OTHER: representatives, officers, Directors, Officials, and employees are named as Additional Insured's. Except for Workers' Compensation and Professional Liability Insurance, the Maricopa County Department of Transportation, and their agents, representatives, officers, Directors, Officials, and employees are named as Additional Insured's on those types of policies described herein which are required to be furnished by this contract entered into between the insured and MCDOT. To the extent provided in Contract, insured shall hold harmless MCDOT from liability arising out of any services provided or duty performed by insured as required by statute, law, purchase order or otherwise required, with the exception of liability for loss or damage resulting from the sole negligence of MCDOT, its agents, employees, or indemnities. It is agreed that any insurance available to the named insured shall be primary of other sources that may be available. It is further agreed that no policy shall expire, be cancelled, or materially changed to affect the coverage available to MCDOT without thirty (30) days written notice to MCDOT. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF TIIE INSURANCE COMPANY. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION DATE ISSUED: 2901 WEST DURANGO STREET PHOENIX, ARIZONA 85009 AUTHORIZED REPRESENTATIVE Page 16 of 41 Contract No, 2016-050 NO COLLUSION AFFIDAVIT BY CONTRACTOR CERTIFYING THAT THERE WAS NO COLLUSION IN SUBMITTING FOR CONTRACT STATE OF ARIZONA )§ COUNTY OF MARICOPA ) being first duly sworn, deposes and says: That he is i5d(A, of (Title) (Name of Business) submitting on MCDOT Contract No. 2016-050 for the construction of Job Order Contract for JOC BRIDGE DECK OVERLAY AND SEALING SERVICES in the County of Maricopa, State of Arizona. That, in connection with the above-mentioned project, neither he, nor anyone associated with the aforesaid business, has, directly or indirectly, participated in any collusion, entered into any contract, combination, conspiracy or other act in restraint of trade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended. ignature of Affiant) Subscribed and sworn to before me this „1 12-- day Og My Commis ion Expires: 710 Z0/7 4111: NANCY L MACKOWIAK Notary Public - Arizona MARICOPA COUNTY My Commission Expires JULY 30 2018 Page 17 of 41 Contract No. 2016-050 VERIFICATION OF LICENSE Pursuant to A.R.S. § 32-1169, I hereby state that I hold a current contractor's license, duly issued by the office of the Registrar of Contractors for the State of Arizona, said license has not been revoked, that the license number, classification, and expiration date is: ; 7/3i1, 7 ROC, /4'7'/77, &V+ that my privilege license number (as required by A.R.S. § 42-1305) is: O7- .2 3579.„ 3-nd that, if any exemption to the above licensing requirements is claimed; (1) The basis for the claimed exemption is: and; (2) The names(s) and license number(s) of any general, mechanical, electrical, or plumbing contractor(s) to be employed on the work are: IT IS UNDERSTOOD THAT THE FILING OF AN APPLICATION CONTAINING FALSE OR INCORRECT INFORMATION CONCERNING AN APPLICANT'S CONTRACTOR'S LICENSE OR PRIVILEGE LICENSE WITH THE INTENT TO VOID SUCH LICENSING REQUIREMENTS IS UNSWOI;IN FALSIFICATION PUNISHABLE ACCORDIN,G,T,o -f.R.s. § 13-2704. //1 DATE 7?-1/405Defi drIpICOYN COMPANk Page 18 of 41 Contract No. 2016-050 AFFIDAVIT OF COMPLIANCE AFFIDAVIT BY CONTRACTOR CERTIFYING COMPLIANCE WITH HOUSE BILL 2745, CHAPTER 152 REQUIRING USE OF E-VERIFY being first duly sworn, deposes and says: That he/she i /71.611/71., of At frta)Del/ 6yreia-6°Y1 • bidding on MCDOT Contract No. 2016-050, JOC — JOC BRIDGE DECK OVERLAY AND SEALING SERVICES, in the County of Maricopa, State of Arizona. That, in connection with the above-referenced project, the contractor warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges 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; Subscribed and sworn to before me this day of , 201/i volrb.a.dirdrariurrtrihrbrb.rirtrAdihr 4 OFFICIAL SEAL Idh..0 0 I *Adak*, NANCY L MAC KOWIAK ' ,..0. Notary Public - Arizona ! 1 I ' : ' MARICOFA COUNTY ; 1 My Commission Expires • 4,.......rqpirm 9442. Page 19 of 41 Contract No. 2016-050 MARICOPA COUNTY SBE PARTICIPATION REPORTING 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. _____________________________ ____________________ Name of Prime Consultant/Contractor Contract No. ________________________ _______________________________ Contact Person Project No. _________ $ Street Address Amount of this Pay Application/Invoice _____________________________ City, State ZIP Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay application/invoice. If work was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm. Type of Work $ Pd to SBE this SBE Firm Name SBE Firm Address Performed App/Inv $ $ $ $ $ $ $ $ $ $ □ A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or subcontractor with respect to this pay application/invoice. Date: ___________________ ________________________________________ Signature ___________________________________________ Printed Name & Telephone Number Page 20 of 41 Contract No. 2016-050 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Certificate of Performance and Payment of ALL Claims Project Name: JOC – BRIDGE DECK OVERLAY AND SEALING SERVICES __ hereby certifies to the Maricopa County Department of (Name of Signer) Transportation (MCDOT) that all lawful claims for labor, rental of equipment, material used, and any other claims by THE TRUESDELL CORPORATION or its subconsultants in connection with the project described in MCDOT Contract No. 2016-050, have been paid. ____________________________________ understands that with receipt of payment for any previously invoiced amounts, plus any retained monies, that this is a settlement of all claims of every nature and kind against MCDOT arising out of the performance of MCDOT’s Contract No. 2016-050 relating to the material, equipment and work covered in and required by the contract. The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in regard to this contract and that he/she has no knowledge of any pending or potential claims in regard to this contract. Upon submission of this document and a separate invoice for any retained funds to MCDOT, invoice processing will be completed within sixty (60) calendar days. State of Arizona ) )§ County of Maricopa ) Signed this _______ day of , 20 . Signature Title Subscribed and Sworn to before me this day of , 20 . Notary Public My Commission Expires: Page 21 of 41 Contract No. 2016-050 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION ON CALL CONSTRUCTION PAYMENT REQUEST Submit to: Maricopa County Department of Transportation Attention: Financial Branch Services 2901 West Durango Street Phoenix, Arizona 85009-6357 CONTRACTOR’S NAME: ______________________________________ DATE:__________________ CONTRACTOR’S ADDRESS:___________________________________________________________ PROJECT NAME:_______________________________ PAYMENT REQUEST NO.:______________ CONTRACT No.:_______________________________ WORK ASSIGNMENT NO.:_____________ Work Assignment TIME PERIOD_________ TO ____________ MCDOT Project Manager:_______________________ A. CONTRACTOR’S CONTRACT DATA 1. Maximum Contract Amount $_______________ 2. Prior Contract Work Assignments $_______________ 3. Total Remaining Contract Amount (A.1 minus A.2 minus B.1) $_______________ B. CONTRACTOR’S NTE FEE, THIS CONTRACT ASSIGNMENT 1. NTE Fee, this Contract Work Assignment $_______________ 2. Requested Payment: (Attach Backup Documentation) 1.____________________ 3._____________________ 5.____________________ 2.____________________ 4._____________________ 6.____________________ 3. Total Fee Earned To Date, This Contract Work Assignment $_______________ C. PAYMENT REQUEST DATA 1. Less Prior Payments, This Contract Work Assignment $_______________ 2. Less Prior Retainage $_______________ 3. Total Payment Request (B.3 minus C.1) $_______________ 4. Less Retainage this Payment Request $_______________ 5. Net Payment Request $_______________ (C 3 minus C4) Submitted by:_____________________________________________________ Date:____________ Contractor Payment Request Verification:________________________________________ Date:____________ MCDOT Project Manager Approval to Pay:___________________________________________________ Date:____________ MCDOT Division Head Page 22 of 41 Contract No. 2016-050 TITLE VI ASSURANCES Page 23 of 41 Contract No. 2016-050 EXHIBIT A-SCOPE OF WORK JOB ORDER CONTRACTING OF BRIDGE DECK OVERLAY and SEALING SERVICES Contract Number: 2016-050 GENERAL Contractor shall perform all construction required for bridge deck overlay and sealing. No work assignment shall exceed $1,000,000 in total cost. The total of all work assignments shall not exceed $3,000,000 during any contract year. The total of all work assignments over 5 years shall not exceed $7,000,000. CONSTRUCTION SERVICES Construction services for bridge deck overlay and sealing may include but is not limited to work on concrete bridge decks, approach slabs, expansion joints, placement of thin lift epoxy bridge deck overlays, concrete bridge deck crack sealing, concrete repair and patching to prepare the concrete for various protective treatments, testing for internal bridge deck moisture and preparing concrete joints and surfaces. WORK ASSIGNMENTS Each work assignment that is mutually agreed upon and issued by the County will define specific project requirements. All construction shall conform to the edition (with revisions) of the Uniform Standard Specifications and Standard Details for Public Works Construction published by the Maricopa Association of Governments (MAG) as designated in and modified by the Maricopa County Department of Transportation Supplement to the MAG Uniform Standard Specifications and Details for Public Works Construction, this scope of work, and the work assignment construction documents (plans and special provisions). Work assignments shall be undertaken only upon the issuance of a written notice to proceed. Work assignments shall set forth the following: 1. Contract number and work assignment identification; 2. The description of work including the location, list of work items, and applicable special provisions and work assignment drawings; 3. The period of performance and, if required by County, a work schedule; 4. The calculated total price for the work to be performed; 5. Fee proposal signed by the Contractor; and Page 24 of 41 Contract No. 2016-050 6. Approval Signatures by the County. Work assignments will be at various locations throughout Maricopa County. PAYMENTS Payment for individual work assignments will be based on negotiated unit prices identified in the Unit Price List of Exhibit B. Unit prices will be negotiated separately for each work assignment for work items not included in Exhibit B Unit Price List of the JOC Contract. The amount of each work assignment will be the summation of the total amounts calculated for each item of the work assignment. The total amount for each item shall be the work assignment quantity times the unit price. Payment for each work assignment will be the calculated total amount for completed and accepted quantities of each item. The unit prices as identified in the Unit Price List, Exhibit B include all direct and indirect costs associated with each individual work assignment of this Job Order Contract. The unit prices include adjustments for the following: Direct labor, material and equipment costs Contractor’s jobsite General Conditions Contractor's home office overhead and profit Subcontractors' overhead and profit Insurance All costs associated with bonding (specifically including bond premiums) Employee payroll taxes, insurance and fringe benefits Business taxes, contributions, memberships, corporate headquarters support (legal, financial, etc.) Masking off areas that are not to be covered with crack sealant or overlay Disposal of all waste and excess material Close out for the total contract and each work assignment Clean up Page 25 of 41 Contract No. 2016-050 Compliance with safety, health, sanitation laws, and specifications (i.e., Contractor’s safety plan, face and clothing protection, etc.) Project management and supervision Quality control Management and equipment expenses Depreciation of equipment Interest associated with funding of equipment and payroll Submittal preparation Permits, licenses and fees Other risks of doing business (i.e., risk of a lower than expected contract dollar value; risk of a high inflation cost; risk of poor subcontractor performance and re- performance). The amount to be paid for work items not included in Exhibit B, Unit Price List shall be negotiated between the Contractor and the County. ORDER OF PRECEDENCE In the event a conflict exists between Contract Documents the order of precedence, from highest to lowest, shall be as follows: 1. Work Assignment Special Provisions 2. Work Assignment Project Plans 3. Exhibit A (This Scope of Work and its Special Provisions) 4. MCDOT Supplement to MAG Uniform Standard Specifications 5. MAG Uniform Standard Specifications 6. Standard Drawings or Standard Details Page 26 of 41 Contract No. 2016-050 SPECIAL PROVISIONS The following special provisions modify the MAG Uniform Standard Specifications as revised by the MCDOT Supplement to the MAG Uniform Standard Specifications. SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC 107.1 LAWS TO BE OBSERVED, add the following: 107.1.2 Environmental Mitigation Measures: If a work assignment is subject to Environmental Mitigation Measures, the Contractor shall adhere to all terms, conditions, and requirements contained in the Environmental Clearance. The Environmental Clearance and all related documents will usually be located in an Appendix to the work assignment’s Special Provisions. During project construction, MCDOT Environmental Program Branch shall be notified at (602) 506-8068 of any proposed changes in scope of work and/or work to be added outside the defined project limits, for evaluation of potential environmental impacts. 107.2 PERMITS 107.2.1 AZPDES (NPDES) Construction General Permit Requirements, add the following: Work assignments are subject to the Arizona Pollutant Discharge Elimination System (AZPDES) general permit requirements for construction sites under the Arizona Department of Environmental Quality (ADEQ), the AZPDES Construction General Permit. The Contractor shall be responsible for obtaining applicable permits and compliance with permit requirements. 107.2.1.1 Regulation Compliance, add the following: Work assignments are subject to the Maricopa County Stormwater Quality Management and Discharge Control Regulation. The Contractor shall be responsible for all activities associated with obtaining permit approvals and payment of fees for Pre-Construction, Construction, and Post-Construction activities. Such activities include but are not limited to the Pre-Construction Application, Plan Review, Pre-Construction Site Inspection, Site inspections and re-inspections, Post-Construction Plan Review, and Post-Construction Site Inspection. Permit requirements and related information are available from the following internet website: www.maricopa.gov/Stormwater 107.2.1.8 Payment, add the following: Payment for AZPDES will be as a reimbursable allowance. Payment will be based upon approved time and material invoices, in accordance with Section 109.5. Payment for Compliance with Maricopa County MS4 Stormwater Regulation will be as a reimbursable allowance. The Contractor shall be reimbursed for expenses above those MCDOT Contract #. 2016-050 Page 27 of 41 expenses that are associated with fulfilling AZPDES requirements. Payment will be based upon approved time and material invoices, in accordance with Section 109.5 107.5 SAFETY, HEALTH, AND SANITATION PROVISIONS 107.5.3 Safety Plan, add the following: The Contractor’s Safety Plan shall be submitted prior to commencement of work. The Contractor may submit a comprehensive safety plan for all work anticipated to be performed under this contract or a project specific safety plan for each work assignment. Prior to the commencement of work on each work assignment, the Contractor shall as a minimum review the Safety Plan for accuracy and completeness, then submit a revised plan incorporating any needed changes or submit confirmation that the safety plan on record is current and accurate. Contractor safety plan guidelines are available on the MCDOT website at: http://www.mcdot.maricopa.gov/technical/ 107.15 COMMUNITY RELATIONS SUPPORT: 107.15.3 Project Notification Signage, replace with the following: 107.15.3 Project Notification Message Boards: Contractor shall provide and maintain changeable message boards when and where required by the contract documents or requested by the Engineer. Changeable message boards shall comply with Section 401.5.8 requirements. Changeable message boards shall be installed at least 14 days before beginning construction to inform the public of the forthcoming project. Messages will be provided to the Contractor. The Contractor shall update messages as requested by the Engineer. Measurement and payment provisions for changeable message boards are defined in Section 401 Traffic Control. SECTION 108 COMMENCEMENT, PROSECUTION, AND PROGRESS 108.1 NOTICE TO PROCEED, add the following: Each work assignment will have a Notice to Proceed issued after a Pre-Construction Conference has been conducted and submittals in accordance with section 108.1.1 Pre- Construction Conference have been received by the County. 108.9 FAILURE TO COMPLETE ON TIME, add the following: The liquidated damages provisions of section 108.9 apply to each work assignment of the Job Order Contract. The original work assignment amount shall be used in the column labeled “Original Contract Amount” of Table 108-1 to determine the Daily Charges. SECTION 109 MEASUREMENTS AND PAYMENTS 109.4 Compensation for Alteration of Work, add the following: 109.4.7 Minor Alterations, Miscellaneous Work: The Engineer may make an alteration in the project specifications or in the details of construction which are lump sum, not covered by an existing item and are limited in scope, to the extent that the MCDOT Contract #. 2016-050 Page 28 of 41 cost of the alterations will not exceed Fifteen Thousand ($15,000.00) Dollars per Work Assignment. The Engineer will request a cost proposal from the Contractor or direct this work to be performed by Force Account method as described under Section 109.4 and 109.5 of the Uniform Standard Specifications and Details for Public Works Construction (MAG). The Engineer and the contractor will agree upon the scope and cost of the work. This cost shall be documented in written form, from the Engineer to the contractor, which when executed by both parties and concurred by MCDOT shall have the same force and effect as a supplemental agreement. Measurement for Minor Alterations, Miscellaneous Work, will be measured by an approved Contractor's proposal or by Force Account method. Payment will be made under item 109.40000, Miscellaneous Work (Minor Alterations). SECTION 401 TRAFFIC CONTROL 401.5 GENERAL TRAFFIC REGULATIONS 401.5.8 Changeable Message Boards for Public Notification: add the following new section: Changeable Message Boards for Public Notification are for informing the motoring public of project information, traffic restrictions, road closure, or other public awareness items deemed necessary for the project. Changeable message boards shall comply with the requirements of section 701-3.08 of the Arizona Department of Transportation 2008 Standard Specifications for Road and Bridge Construction. The Contractor shall furnish, install, and operate the changeable message boards as requested by the Engineer. Message board locations shall be shown on the Traffic Control Plans. 401.6 MEASUREMENT, add the following: Changeable Message Boards for Public Notification shall be measured by the day for each calendar day for each sign authorized and operating as directed by the Engineer. Measurement will only be made for actual days-in-use. 401.7 PAYMENT, add the following: Approved quantities for Changeable Message Board for Public Notification shall be paid at the contract unit price. Payment will be compensation in full for furnishing, transportation, installation, operation, adjustment, maintenance, and removal of the changeable message boards. MCDOT Contract #. 2016-050 Page 29 of 41 SECTION 547 BRIDGE DECK PATCHING REPAIR 547.1 DESCRIPTION: This work consists of preparation and patching of concrete bridge decks. The work includes the following: 1. Removing loose and unsound concrete, including unsound concrete patching materials, 2. Removing and replacing corroded reinforcing bars, 3. Apply new deck patching material, and 4. Other operations necessary to complete the deck repair to the satisfaction of the Engineer. 547.2 MATERIAL: Patch repairs shall be constructed using Structural Concrete Patching as required by the work assignment plans and specifications. The selected product shall be from the latest ADOT Approved Product List categories J-3A, J3B, J3D & J3E and shall be subject to the approval of the Engineer. Reinforcing bars shall be grade 60 steel deformed bars conforming to the requirements of section 727. 547.3 CONSTRUCTION REQUIREMENTS: 547.3.1 Equipment Use equipment approved by the Engineer as proposed by the Contractor. Use equipment that is mechanical or hydraulic in nature and that is able to remove surface concrete or unsound subsurface concrete without damage to sound material remaining part of the structure. Operate removal equipment in a manner satisfactory to the Engineer. 547.3.1.1 Sawing Equipment: Use sawing equipment capable of sawing concrete to the required depth. 547.3.1.2 Mechanical Concrete Removal Equipment: Use mechanical equipment for scarification and removal of deteriorated concrete capable of uniformly scarifying or removing existing concrete to the required depth. 547.3.1.2.1 Sandblasting and Shotblasting Equipment: Use sandblasting or shotblasting equipment capable of removing rust and old concrete from exposed reinforcement. The Contractor may use high-pressure water blasting, if effective in removing unsound material. 547.3.1.2.2 Power-Driven Hand Tools: Use power-driven hand tools for removal of concrete in conformance with the following limitations and having flat edged cutting points at least 3/4 inch wide. MCDOT Contract #. 2016-050 Page 30 of 41 Use concrete chippers or breakers up to a nominal 60 lb class in full depth removal areas. Use concrete chippers or breakers up to a nominal 30 lb class for removal of deteriorated concrete located above the top mat of reinforcing steel. For chipping around reinforcement, use removal devices up to a nominal 30 lb class. Use smaller chippers or breakers if the Engineer believes the 30 pound tools are detrimental to the adjacent remaining material. Do not operate tools at an angle smaller than 60° measured from the surface of the slab. 547.3.1.2.3 Hand Tools: Use hand tools, such as hammers and chisels, as necessary, for removal of final particles of unsound concrete. 547.3.2 PREPARATION OF BRIDGE DECK SURFACE: 547.3.2.1 Deck Sounding: Sound the bridge deck under the direction of the Engineer and mark areas of unacceptable concrete, including full depth areas. After removal of unsound concrete in accordance with Section 547.3.2.2 below, resound and repeat process until all remaining concrete is sound. Obtain Engineer’s concurrence of work areas. Blast clean only after the Engineer approves the concrete deck area. Other methods of nondestructive evaluation may be proposed by the Contractor for the sounding of the concrete. Proposed methods may only be used if approved by the Engineer. 547.3.2.2 Concrete Removal: The Contractor shall cut ¾ inch deep sawcuts around all repair areas prior to chipping and/or other removal methods. Remove unsound material within the repair limits using chipping hammers or other approved hand-operated devices. Remove unsound concrete to a depth that will provide a 3/4 inch minimum clearance around the reinforcing bars. Exercise care to prevent cutting, stretching, or otherwise damaging reinforcing bars and to prevent damage to sound concrete around reinforcement. Do not allow loads (other than construction equipment) on deck portions that have undergone concrete removal. Provide supports to prevent delivery trucks and other vehicles from driving directly on reinforcing bars in areas of partial or full depth repair. Securely fasten loose reinforcing bars to adjacent fixed bars with tie wire. 547.3.2.5 Concrete Surface Substrate Preparation and Cleaning Ensure the surface substrate is clean, sound, and dry. Remove substances that may prevent a bond between existing and new concrete. Clean repair areas with oil-free compressed air or pressurized water. Moisten the substrate and remove excess water. Acceptance Test for cleanliness: place a four (4) inch piece of duct tape every square yard to test for cleanliness. Acceptance requires not more than 25% of the tape surface to show dust coverage. 547.3.2.6 Replacement of Reinforcing Bars: Replace existing reinforcing bars that are corroded or damaged to the extent that their structural integrity is in question. Provide and install new grade 60 bars of the same original size for the removed corroded or damaged bars. MCDOT Contract #. 2016-050 Page 31 of 41 Blast clean corroded bars left in place to gray metal. Carefully flame cut or saw bars to be removed with minimal damage to adjacent Material. Newly installed bars shall have a 3/4 inch minimum clearance around their circumference. Lap reinforcing bars on each side of damaged or removed bars. Lap No. 4 or smaller reinforcing bars at least 15 inch. The Engineer will determine the length of lap for larger reinforcing bars. The Contractor shall replace reinforcing bars damaged by the Contractor at no additional cost to the County. 547.3.2.7 Application of Patching Material: Apply patching material in accordance with the manufacturer’s recommendation. No material will be placed under conditions which, in the opinion of the Engineer, could adversely affect the quality of work. Patch material shall be placed or consolidated to eliminate voids at the interface of the patch and existing concrete. The patch shall be finished to the cross section of existing concrete and shall be struck off flush with the existing surface. Unless otherwise directed by the Engineer or called for on the plans, texture the new surface with a stiff bristle brush to match the texturing of existing concrete surface. 547.4 MEASUREMENT: Bridge Deck Preparation for Repair shall be measured by the square yard. Reinforcing Steel shall be measured be by the pound. Bridge Deck Patching shall be measured by the cubic yard. 547.5 PAYMENT: The accepted quantity of Bridge Deck Preparation for Repair and of Bridge Deck Patching measured as provided above will be paid for at the contract unit price complete in place. The following work will be considered as included in the payment for Bridge Deck Preparation for Repair and will not be measured or paid for separately: A. Deck sounding; B. Removal of unsound concrete; C. Disposal of old concrete and debris; D. Cleaning of prepared deck surface E. Placement and removal of forms. F. Cleaning of existing steel reinforcement G. Removal and disposal of corroded steel reinforcement. New Reinforcing steel bars shall be paid for separately per section 505.12 SECTION 548: EPOXY BRIDGE DECK OVERLAY 548.1 DESCRIPTION: The work under this item consists of furnishing and applying Epoxy Bridge Deck Overlays at locations designated on the project plans. MCDOT Contract #. 2016-050 Page 32 of 41 548.2 MATERIALS: 548.2.1 Epoxy Urethane: Epoxy Urethane materials consisting of resin base and hardener shall be composed of a two-part, 100% solids, thermosetting, moisture- insensitive, flexible, high-elongation compound. The epoxy urethane shall comply with requirements of Table 548-1 as specified in the construction specifications. TABLE 548-1 EPOXY URETHANE REQUIREMENTS PROPERTY REQUIREMENT TEST METHOD REMARKS ASTM D2393, 10 Min Viscosity: poises Brookfield RVT Spindle 70 Max No. 3 at 20 rpm ASTM C881, 15 Min Gel time: minutes Paragraph 11.2 45 Max modified Compressive strength: 1000 Min at 3 hours ASTM C579 modified Mixed with psi 5000 Min at 24 hours (with plastic inserts) aggregate Tensile strength (neat): 2000 Min, 5000 Max ASTM D638 psi at 7 days 35 Min, 100 Max Elongation (neat): % ASTM D638 at 7 days Mixed with ACI 503R, aggregate with Adhesive strength: psi 250 Min at 24 hours Appendix A, 100% failure in VTM 92 concrete Permeability to chloride 100 Max at 28 days AASHTO T277 ion: coulombs 60 Min Shore D Hardness ASTM D2240 75 Max California Test Method Flexural Creep: inch 0.0065 Min at 7 days 419 Flexural Yield Strength: 2500 Min ASTM D790 psi Absorption (neat): % 1 Max at 24 hours ASTM D570 No delamination of Mixed with Thermal compatibility ASTM C884 overlay aggregate To be established for AASHTO T237, Infrared spectrum each component for Paragraphs 4 & 5 each mfr. 548.2.2 Aggregate: Aggregate shall be angular grained, stone that is free from lumps or balls of clay and shall not contain any calcareous or clay coatings, caliche, synthetic MCDOT Contract #. 2016-050 Page 33 of 41 materials, organic matter or foreign substances. Aggregate shall comply with requirements of Table 548-2 as specified in the construction specifications. TABLE 548-2 AGGREGATE REQUIREMENTS PROPERTY REQUIREMENT TEST METHOD REMARKS 5 cycles in Soundness Loss: % 8 Max AASHTO T104 Magnesium Sulfate Micro-Deval: % 10 Max AASHTO TP58 Moh’s Hardness 7 Min Moisture Content: % 0.2 Max AASHTO T255 Grading shall meet the following requirements when tested in accordance with the requirements of Arizona Test Method 201. Sieve Size Percent Passing No. 4 100 No. 8 30 – 75 No. 16 0 – 5 No. 30 0 – 1 No. 200 0 – 0.2 548.2.3 Sampling and Testing: The Contractor shall provide a certified laboratory report, from an approved laboratory, confirming that the epoxy materials to be used meet the requirements of section 548.2.1 548.3 EQUIPMENT: 548.3.1 Air Compressor: Air compressors shall be equipped with oil traps to eliminate oil from being blown onto the bridge deck during possible shot-blasting and air cleaning. Air compressors shall contain water filters to remove water from the compressed air. 548.3.2 Trucks: Trucks shall be clean and equipped with traps to eliminate fluids from falling onto the bridge deck. 548.4 CONSTRUCTION REQUIREMENTS: 548.4.1 Submittals: The Contractor shall submit a complete and comprehensive summary of the epoxy Manufacturer’s recommended construction procedures and requirements to the Engineer for review 14 days prior to overlay construction. 548.4.2 Surface Preparation: The bridge deck shall be shot-blasted prior to overlay operations. The relief and texture of the prepared deck surface shall conform to ASTM E965 Pavement Macro-texture Depth of 1.0mm to 2.0mm. The final surface of the deck shall be free from oil, grease, rust, and other foreign material and laitance that may reduce the bond of the overlay to the existing deck slab. These MCDOT Contract #. 2016-050 Page 34 of 41 contaminants shall be removed by methods approved by the Engineer and the epoxy manufacturer, and then followed by shot-blasting. Brooms shall not be used to remove dust, loose material, foreign material and laitance. If, after the final cleaning, the strip being overlaid becomes wet, the Contractor shall flush the surface with high-pressure air prior to placement of the overlay. Overlay placement shall begin within 12 hours of completing the deck preparation for the portion of the deck to be overlaid. If concrete placement has not begun within 12 hours, the area being overlaid shall be thoroughly cleaned to the satisfaction of the Engineer. Traffic, other than the required construction equipment, shall not use any portion of the strip to be overlaid that has undergone final preparation for placing of epoxy, unless approved the Engineer. Effort shall be made to prevent contamination of the prepared surface. The Contractor shall place a material, such as polyethylene film, on the deck surface that is to be used by equipment. The Contractor will be required to clean the surface as described above if the deck surface becomes contaminated. 548.4.3 Technical Assistance: The epoxy manufacturer’s technical representative shall be present during the initial proportioning, mixing, placing, and finishing operations. The technical representative shall demonstrate experience in inspecting and testing functions required for the placement of epoxy overlays as required by this specification. The Engineer will, at the advice of the technical representative, suspend work that fails to comply with these specifications, the manufacturer’s recommendations, or the contractor’s approved work plan. The County will not be liable for such work stoppage. 548.4.4 Overlay (General): Overlay shall be comprised of a minimum of two built-up layers of epoxy and aggregate constructed per the epoxy manufacturer’s recommendations. The overlay shall contain not less than 7.5 gallons of epoxy per 100 square feet. For a two layer system, the first layer of epoxy shall not be less than 2.5 gallons per 100 square feet and the second layer of epoxy shall not be less than 5.0 gallons per 100 square feet. 548.4.5 Placing Epoxy: Epoxy shall be placed within the recommended application temperature range as specified by the manufacturer. Any artificial means to elevate the temperature of the bridge deck will not be permitted. Epoxy shall not be placed when the temperature is forecasted to drop or rise outside the manufacturer’s specified application temperature range within an 8-hour period after application or if the epoxy‘s gel time is less than 10 minutes. Visible moisture shall be identified by taping an 18”x18” plastic sheet to the deck for a minimum of two hours per ASTM D4263. The overlay operations shall not proceed if moisture appears on the bottom of the plastic sheet. No visible moisture shall be present on the prepared deck surface at the time of or during the overlay application. The Contractor shall cover all deck drains and deck joints to prevent epoxy and aggregates from entering them. Epoxy shall not be placed until the Engineer has inspected the prepared deck surface and determined it to be acceptable for placement. MCDOT Contract #. 2016-050 Page 35 of 41 548.4.5 Placing Aggregate: Aggregate shall be applied uniformly per the epoxy manufacturer’s requirements to the bridge deck using a self-propelled aggregate spreader. The first overlay layer shall have aggregate coverage of at least 10 pounds per square yard, but no less aggregate than is needed to completely cover the epoxy. First layer applications that do not receive enough aggregate prior to gel shall be removed and replaced at no additional cost to the County. The second overlay layer shall have aggregate coverage of at least 14 pounds per square yard, but no less aggregate than is needed to completely cover the epoxy or epoxy urethane. Second layer applications that are insufficiently covered with aggregate may be left in place, but additional applications per the manufacturer’s recommendations shall be completed before opening to traffic. Third layer and subsequent applications, when needed, will be at no additional cost to the County. All loose aggregate shall be removed by vacuuming or brooming after each layer has cured to the satisfaction of the Engineer. 548.4.6 Curing: Each course of overlay shall be cured until vacuuming or brooming can be performed without tearing or damaging the overlay surface. Vehicles are not permitted on the finished overlay until the specified curing time is satisfied. Overlays shall not be placed when weather conditions prevent the proper handling, placing and curing of the overlay. 548.4.7 Determination of Delamination and the Sealing of Cracks and Joints: After the requirements for curing have been satisfied the entire overlaid surface shall be sounded by use of chain drags or other mechanical devices in a manner approved by and in the presence of the Engineer to determine the existence of delamination. Unbonded areas shall be removed and replaced with epoxy overlay by the Contractor and at the Contractor’s expense. The Engineer shall have sole discretion in determining the extent of epoxy deck overlay cracking that requires repair. Cracks shall be repaired in accordance with the epoxy manufacturer’s recommendations at no additionally cost to the County. 548.4.8 Final Surface Texture: The minimum thickness of the epoxy overlay shall be 1/4. The surface texture of polymer overlay surfaces shall not vary by more than 1/8 in three feet. 548.5 WARRANTY: 1. Provide a warranty letter on company letter head signed by binding officer to the County stating guarantee of the thin bonded polymer overlay system against all material and installation defects incurred during normal traffic for a period of 5 years. a. The guarantee period starts on the date of Substantial Completion. MCDOT Contract #. 2016-050 Page 36 of 41 b. Include in the letter: 1) State Project Designation 2) State Project Name 3) State Structure Numbers 4) Contractor name 5) Overlay system provider and installer names c. The guarantee covers 100 percent of the thin bonded polymer overlay system materials and installation costs. 2. Assume responsibility for quality control of the proper surface preparation, placement of materials, and all other factors that affect the service life of the overlay system. 3. Remove and replace all failed sections at no cost to the County in the event of a performance failure. Performance failures are defined by the following defects: a. Spalling: Broken or missing pieces of overlay due to material degradation. b. Scaling: Visible, exposed, rough surface texture resulting from a loss of aggregate or resin. c. Delamination: Visible or audible debonding of the overlay at the bond line (interface) with the existing bridge receiving surface. d. Cracking: Any visible crack not reflected from a crack in the existing deck. e. Skid resistance: Skid resistance less than 40 as measured according to AASHTO T 242. 4. The Department will notify the Contractor in writing of defects to be repaired during the guarantee period a. Submit detailed plans and procedures of corrective work according to manufacturer’s recommendations and obtain the Department’s approval before commencing work. b. Perform corrective work within 90 days at no additional cost to the County. 548.6 MEASUREMENT: Epoxy Bridge Deck Overlay will be measured by the square yard. 548.7 PAYMENT: The accepted quantities of Epoxy Bridge Deck Overlay, measured as provided above, will be paid for at the contract unit price. Payment shall be full compensation for the Epoxy Bridge Deck Overlay, complete in-place and also includes all costs associated with having the epoxy manufacturer’s representative on site. MCDOT Contract #. 2016-050 Page 37 of 41 SECTION: 549 BRIDGE DECK EXPANSION JOINT SEAL REPLACEMENT 549.1 DESCRIPTION: The work under this Item consists of furnishing and installing a new bridge deck expansion joint seal to an existing bridge deck expansion joint in accordance with the project plans or work assignment, the manufacturer’s recommendations and the requirements of the Special Provisions. 549.2 MATERIALS: 549.2.1 Seal: The bridge deck expansion joint seal in existing Strip Seal expansion joints shall be replaced with like materials from the existing strip seal manufacturer. The Contractor shall verify all information and determine the manufacturer and replacement seal, Or, the bridge deck expansion joint seal shall be replaced with the Silicoflex joint sealing system SF 400 of RJ Watson, Inc., Or, other bridge deck expansion joint seal approved by the Engineer. The bridge deck expansion joint seal in existing Compression Seal expansion joints shall be replaced with the Silicoflex joint sealing system SF400 of RJ Watson, Inc., Or, other bridge deck expansion joint seal approved by the Engineer. 549.2.2 Adhesive Material: Adhesive materials shall be as recommended by the seal manufacturer and installed per manufacturers specifications. 549.3 CONSTRUCTION REQUIREMENTS Concrete or steel surfaces shall be prepared and cleaned per the seal manufacturer’s requirements and to the satisfaction of the Engineer. Splices in the seal shall be minimized. All splices shall be performed per the manufacturer’s recommendations and only if approved by the Engineer. 549.4 MEASUREMENT: Bridge Deck Joint Seal Replacement, preparation and adhesive will be paid by the linear foot of the field measurement of the installed seal. 549.5 PAYMENT: The accepted quantities of Bridge Deck Joint Seal Replacement, measured as provided above, will be paid for at the contract unit price per linear foot, which price shall be full compensation for the work complete in-place as shown on the project plans, as specified herein and as directed by the Engineer. MCDOT Contract #. 2016-050 Page 38 of 41 SECTION: 550 BRIDGE DECK PENETRATING CRACK SEAL 550.1 DESCRIPTION: The work under this Item consists of furnishing and applying penetrating crack seal to the bridge deck in accordance with the project plans, specifications, and the manufacturer’s recommendations. 550.2 MATERIALS: 550.2.1 Sealant: Only epoxy concrete penetrating crack sealers currently shown on the ADOT Approved Products list (APL) shall be used. Methacrylate products shall not be used. The contractor shall review and follow all manufacturer’s recommendations on how to use and mix products. 550.2.2 Blotter Material: Fine sand meeting the following gradation requirements: % Passing . Sieve size Minimum Maximum No. 8 95 100 No. 16 30 70 No. 30 0 3 No. 100 0 1 . The sand shall be free from dirt, clay, asphalt, and other deleterious materials, and have a moisture content of less than 0.2% when applied. 550.3 CONSTRUCTION REQUIREMENTS: 550.3.1 Submittals: The Contractor shall submit a complete and comprehensive summary of the sealant Manufacturer’s recommended construction procedures and requirements to the Engineer for review 14 days prior to construction. 550.3.2 Surface Preparation: The bridge deck shall be shot-blasted prior to Crack sealant application. The relief and texture of the prepared deck surface shall conform to ASTM E965 Pavement Macro-texture Depth of 1.0mm to 2.0mm. The final surface of the deck shall be free from oil, grease, rust, and other foreign material and laitance that may reduce the bond of the seal to the existing deck slab. These contaminants shall be removed by methods approved by the Engineer and the crack sealant manufacturer, and then followed by shot-blasting. Brooms shall not be used to remove dust, loose material, foreign material and laitance. If, after the final cleaning, the strip being sealed becomes wet, the Contractor shall flush the surface with high-pressure air prior to placement of the sealant. Sealant placement shall begin within 12 hours of completing the deck preparation for the portion of the deck to be sealed. If concrete placement has not begun within 12 hours, the strip being sealed shall be thoroughly cleaned to the satisfaction of the Engineer. MCDOT Contract #. 2016-050 Page 39 of 41 Traffic, other than the required construction equipment, shall not use any portion of the strip to be sealed that has undergone final preparation, unless approved the Engineer. Effort shall be made to prevent contamination of the prepared surface. The Contractor shall place a material, such as polyethylene film, on the deck surface that is to be used by equipment. The Contractor will be required to clean the surface as described above if the deck surface becomes contaminated. 550.3.3 Placing Sealant: Sealant shall be placed within the recommended application temperature range as specified by the manufacturer. Any artificial means to elevate the temperature of the bridge deck will not be permitted. Sealant shall not be placed when the temperature is forecasted to drop or rise outside the manufacturer’s specified application temperature range within an 8-hour period after application. Visible moisture shall be identified by taping an 18”x18” plastic sheet to the deck for a minimum of two hours per ASTM D4263. Sealant application shall not proceed if moisture appears on the bottom of the plastic sheet. No visible moisture shall be present on the prepared deck surface at the time of or during the application of Sealant. The Contractor shall cover all deck drains and deck joints to prevent sealant and aggregates from entering them. Sealant shall not be placed until the Engineer has inspected the prepared deck surface and determined it to be acceptable for placement. 550.3.4 Placing Blotter Material: Blotter material shall be applied following the placement of a penetrating crack sealer. Blotter material shall be applied within the time period recommended by the sealant manufacturer. If the blotter material does not adhere to the sealant material an additional application shall be made at no additional cost to the County. Blotter material shall be applied in one or more applications for a total rate of eight pound per square yards. Any excess blotter material shall be broomed-off from the bridge deck and approach slab to the satisfaction of the Engineer. 550.4 MEASUREMENT: Bridge Deck Penetrating Crack Seal will be measured by the square yard for concrete deck surfaces covered with the penetrating crack sealer material and accepted by the Engineer. Sealer and blotter material not applied according to the manufacturer’s recommendations and these specifications shall not be measured. 550.5 PAYMENT: The accepted quantities of Bridge Deck Penetrating Crack Seal will be paid for at the contract unit price. Payment shall be full compensation for the work complete in-place as shown on the project plans, as specified herein and as directed by the Engineer. MCDOT Contract #. 2016-050 Page 40 of 41 Exhibit B